October 21, 2015, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending section 10 (MCL 125.1510), as amended by 2013 PA 125.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Except as otherwise provided in the code, before
construction of a building or structure, the owner, or the owner's
builder, architect, engineer, or agent, shall submit an application
in writing to the appropriate enforcing agency for a building
permit. The application shall be on a form prescribed by the
commission and shall be accompanied by payment of the fee
established by the enforcing agency. The application shall contain
a
or be submitted with all of
the following:
(a) A detailed statement in writing, verified by affidavit of
the individual making it, of the specifications for the building or
structure, and full and complete copies of the plans drawn to scale
of the proposed work. Shop drawings for a fire alarm system, as
defined in section 1a of the electrical administrative act, 1956 PA
217, MCL 338.881a, are not required to be prepared by an individual
licensed under article 20 of the occupational code, 1980 PA 299,
MCL 339.2001 to 339.2014.
(b) A site plan showing the dimensions, and the location of
the proposed building or structure and other buildings or
structures
on the same premises. , shall be submitted with the
application.
The application shall state in full the
(c) The full name and residence, by street and number, of the
owner in fee of the land on which the building or structure will be
constructed, and the purposes for which it will be used.
(d) (2)
If construction is proposed to be
undertaken by a
person
other than the owner of the land in fee, the statement shall
contain
the full name and residence, by
street and number, of the
owner and also of the person proposing the construction.
(2) The affidavit under subsection (1)(a) shall state that the
specifications and plans are true and complete and contain a
correct description of the building or structure, lot or parcel,
and proposed work. The statements and affidavits may be made by an
owner, or the owner's attorney, agent, engineer, architect, or
builder, by the person who proposes to make the construction or
alteration, or by that person's agent, engineer, architect, or
builder. A person shall not be recognized as the agent, attorney,
engineer, architect, or builder of another person unless the person
seeking
recognition files has
filed with the enforcing agency a
written
instrument, which shall be an architectural, engineering,
or construction contract, power of attorney, or letter of
authorization signed by that other person designating the person
seeking recognition as the agent, attorney, architect, engineer, or
builder
and, in case of for a residential builder or maintenance
and alteration contractor, architect, or engineer, setting forth
the license number of the person seeking recognition and the
expiration date of the license.
(3) A person licensed or required to be licensed as a
residential builder or residential maintenance and alteration
contractor under the occupational code, 1980 PA 299, MCL 339.101 to
339.2919,
339.2677, a plumbing contractor or master or journeyman
plumber
pursuant to under the state plumbing act, 2002 PA 733, MCL
338.3511 to 338.3569, an electrical contractor, master electrician,
or
electrical journeyman pursuant to under the electrical
administrative act, 1956 PA 217, MCL 338.881 to 338.892, or
pursuant
to under a local ordinance, or a mechanical contractor
pursuant
to under the Forbes mechanical contractors act, 1984 PA
192, MCL 338.971 to 338.988, who applies for a building permit to
perform work on a residential building or a residential structure
shall,
in addition to any other information required pursuant to
under this act, provide on the building permit application all of
the following information:
(a) The occupational license number of the applicant and the
expiration date of the occupational license.
(b) One of the following:
(i) The name of each carrier providing worker's disability
compensation insurance to the applicant if the applicant is
required
to be insured pursuant to under
the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(ii) The reasons for exemption from the requirement to be
insured if the applicant is not required to be insured under the
worker's disability compensation act of 1969, 1969 PA 317, MCL
418.101 to 418.941.
(c) One of the following:
(i) The employer identification number, if the applicant is
required
to have an employer identification number pursuant to
under section 6109 of the internal revenue code of 1986, 26 USC
6109.
(ii) The reasons for exemption from the requirement to have an
employer
identification number pursuant to under section 6109 of
the internal revenue code of 1986, 26 USC 6109, if the applicant is
not
required to have an employer identification number pursuant to
under that section.
(d) One of the following:
(i) The Michigan employment security commission employer
number,
if the applicant is required to make contributions pursuant
to
under the Michigan employment security act, 1936 (Ex Sess)
PA 1,
MCL 421.1 to 421.75.
(ii) If the applicant is not required to make contributions,
the reasons for exemptions from the requirement to make
contributions under the Michigan employment security act, 1936 (Ex
Sess) PA 1, MCL 421.1 to 421.75.
(4) The building permit application form shall contain the
following statement in 8-point boldfaced type immediately above the
location for the applicant's signature:
"Section 23a of the state construction code act of 1972, 1972
PA 230, MCL 125.1523a, prohibits a person from conspiring to
circumvent the licensing requirements of this state relating to
persons who are to perform work on a residential building or a
residential structure. Violators of section 23a are subjected to
civil fines.".
(5) The application for a building permit shall be filed with
the enforcing agency and the application and any other writing
prepared, owned, used, in the possession of, or retained by the
enforcing agency in the performance of an official function shall
be made available to the public in compliance with the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. An application
shall not be removed from the custody of the enforcing agency after
a building permit has been issued.
(6) This section shall be construed to allow the imposition of
requirements in the code, or in other laws or ordinances, for
additional permits for particular kinds of work, including plumbing
and electrical, or in other specified situations. The requirements
of the code may provide for issuance of construction permits for
certain of the systems of a structure and allow construction to
commence on those systems approved under that permit even though
the design and approval of all the systems of the structure have
not been completed and subsequent construction permits have not
been issued.
(7) A building permit is not required for ordinary repairs of
a building or structure.
(8) A building permit is not required for a building
incidental to the use for agricultural purposes of the land on
which the building is located if the building is not used in the
business of retail trade.
(9) A qualifying roadside stand is exempt from the plumbing
fixture requirements of this act and the code and is not required
to have electric power. However, a qualifying roadside stand that
has electric power must comply with the electrical code. This
subsection does not exempt a qualifying roadside stand from a
requirement to obtain a building permit. As used in this
subsection, "qualifying roadside stand" means a roadside stand that
meets all of the following requirements:
(a) Is used only for seasonal retail trade in agricultural
products.
(b) At least 50% of the agricultural products offered for sale
at the roadside stand are produced on a farm that is owned or
controlled by the person who owns the roadside stand.
(c) Is not larger than 400 square feet.
(d) Is securely anchored to the ground.
(10) A tent that meets the requirements of subsection (9)(a),
(b), and (c) is exempt from this act and the code.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.