HB-5830, As Passed House, May 8, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5830

A bill to amend 1937 PA 306, entitled

"An act to promote the safety, welfare, and educational interests

of the people of the state of Michigan by regulating the

construction, reconstruction, and remodeling of certain public or

private school buildings or additions to such buildings, by

regulating the construction, reconstruction, and remodeling of

buildings leased or acquired for school purposes, and to define the

class of buildings affected by this act; to prescribe the powers

and duties of certain state agencies and officials; to prescribe

penalties for the violation of this act; and to repeal acts and

parts of acts,"

by amending sections 1 and 5a (MCL 388.851 and 388.855a), section 1

as amended by 2004 PA 510 and section 5a as amended by 2006 PA 199.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) Except as provided in subsection (2), a school

building, public or private, or any additions to a school building,

shall not be erected, remodeled, or reconstructed in this state

unless all of the following requirements are met:

(a) All plans and specifications for buildings shall be

prepared by an architect or professional engineer who is licensed

in this state. An architect or professional engineer licensed in

this state or another person qualified to supervise construction

shall supervise the construction of a school building. For energy

conservation improvements and services under section 1274a of the

revised school code, 1976 PA 451, MCL 380.1274a, the licensed

architect or professional engineer may be directly affiliated with

the qualified provider, as defined under that section, that is

providing the applicable improvements and services. However, the

specifications for the project shall be generic in character and,

to the extent possible, shall not include proprietary equipment or

technology developed by the qualified provider or in which the

qualified provider has an interest.

(b) All walls, floors, partitions, and roofs shall be

constructed of fire-resisting materials such as stone, brick, tile,

concrete, gypsum, steel, or similar fire-resisting material. All

steel members shall be protected by at least 3/4 of an inch of

fire-resisting material.

construction. This requirement does not prohibit the use of

finished wood flooring, wood door and window frames, wood sash, or

wood furring and grounds, for the purpose of installing wood trim,

panelling, acoustical units, or similar facing materials on masonry

walls, structural steel, or concrete ceiling members.

(d) Every room enclosing a heating unit shall be enclosed by

walls of fire-resisting materials and shall be equipped with

automatically closing fire doors. A heating unit shall not be

located directly beneath any portion of a school building or

addition that is constructed or reconstructed after January 1,

2003. This requirement does not require the removal of an existing

heating plant from beneath an existing building when an addition to

the building is constructed unless the department requires that

removal in the interests of the public safety. In any school where

natural gas or any other kind of gas is used for heating purposes,

the gas shall be chemically treated before being used in such a

manner as to give a very distinguishable odor if a leak develops in

the heating system.

(e) In a gymnasium, fire-proofings may be omitted from the

trusses and purlins if they are more than 16 feet off the main

floor level.

(f) The architect or engineer shall provide adequate exits

from all parts of a school building. In all cases, there shall be

at least 2 stairways and the distance from the door of any class or

assembly room to a stairway or exit shall not exceed 100 feet.

(g) A requirement in subdivisions (b) to (f) may be waived in

writing by the department.

(h) Compliance with section 1b.

(2) The director of the department shall promulgate rules that

establish standards and requirements for the relocation and reuse

of used modular classrooms. The rules shall require an inspection

of a relocated used modular classroom at its original location, at

its new location, or at any location where repairs are made to the

used modular classroom.

(3) Beginning July 1, 2019, a new school building, public or

private, shall not be erected or constructed, or remodeled, if the

cost of remodeling of the school building is $250,000.00 or more,

unless that school building includes at least 3 of the following

safety measures as determined by the school safety commission

established under section 5 of the comprehensive school safety plan

act:

(a) Schematic of school building layouts.

(b) Surveillance technology.

(d) Reinforced entryways.

(4) Subsection (3) does not apply to the remodeling of a

school building if a waiver is issued by the school safety

commission established under section 5 of the comprehensive school

safety plan act for the remodeling of that school building.

(5) ~~(3)~~ As used in this section, "department" means the

department of ~~labor and economic growth.~~licensing and regulatory

affairs.

Sec. 5a. (1) Except as provided in this section and section

1(3), this act does not apply to 1-story school buildings, to 1-

story additions to school buildings, or to the construction,

reconstruction, or remodeling of a school building if the total

cost of construction, reconstruction, or remodeling is less than

$15,000.00.

(2) Section 1(a) applies to the construction of all school

buildings and additions to school buildings regardless of the

number of stories of the buildings or additions if the total cost

of construction exceeds $15,000.00.

(3) Section 1(d) applies to the construction of all school

buildings and additions to school buildings of 1 or more stories

regardless of the cost of construction.

(4) This act applies to the reconstruction of a school

building destroyed or partially destroyed by fire, windstorm, or

other catastrophe if more than 50% of the entire building is

destroyed. The bureau of fire services created in section 1b of the

fire prevention code, 1941 PA 207, MCL 29.1b, acting jointly with

the superintendent of public instruction, may require that the

damaged portion or the remaining portion of the building, or both,

be remodeled or reconstructed in accordance with this act.

(5) This act applies to the remodeling of existing school

buildings and other buildings to be used for school purposes.

(6) An existing building or part of an existing building,

regardless of the number of stories or the cost to the school

district of the building, that has not been used as a school

building shall not be used as a school building unless it is

approved by the superintendent of public instruction and the bureau

of fire services.

(7) If the construction, reconstruction, or remodeling of a

school building costs less than $15,000.00, it is not necessary to

employ a registered architect or engineer, but the plans for the

building shall be submitted to the bureau of fire services and to

the superintendent of public instruction or the superintendent's

authorized agent for criticism, suggestions, and approval.

Enacting section 1. This amendatory act does not take effect