November 8, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending sections 1, 3c, and 21c (MCL 29.1, 29.3c, and 29.21c),
as amended by 2006 PA 189; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Bureau" means the bureau of fire services created in
section 1b.
(b)
"Director" means the director of the department. of
labor
and
economic growth.
(c)
"Department" means the department of labor and economic
growth.licensing and regulatory affairs.
(d) "Building" means a structure, framework, or place for
housing 1 or more persons or a tank, receptacle, or container for
the storage of commodities or other materials.
(e) "Premises" means a lot or parcel of land, exclusive of
buildings, and includes a parking lot, tourist camp, trailer camp,
airport, stockyard, junkyard, wharf, pier, and any other place or
enclosure.
(f) "Fire hazard" means a building, premises, place, or thing
that, because of its nature, location, occupancy, condition, or
use, may cause loss, damage, or injury to persons or property by
fire, explosion, or action of the elements.
(g) "Person" means an individual, partnership, corporation, or
voluntary association.
(h) "Owner" means a person with an ownership interest in
property, and includes a trustee, a board of trustees of property,
and a person with a freehold interest in property. Owner does not
include a lessee or mortgagee of property.
(i) "Organized fire department" means a department, authority,
or other governmental entity that safeguards life and property from
damage from explosion, fire, or disaster and that provides fire
suppression and other related services in this state. Organized
fire department includes any lawfully organized firefighting force
in this state.
(j) "State fire marshal" means the individual appointed by the
director under section 1b.
(k) "Firm" means a sole proprietorship, partnership,
association, or corporation.
(l) "Vehicle" means a tank vehicle or bulk transportation
vehicle, excluding the tractor of a tank vehicle or bulk
transportation vehicle.
(m) "Hazardous material" means explosives, pyrotechnics,
flammable gas, flammable compressed gas, nonflammable compressed
gas, flammable liquid, combustible liquid, oxidizing material,
poisonous gas, poisonous liquid, irritating material, etiologic
material, radioactive material, corrosive material, or liquefied
petroleum gas.
(n) "Firefighter" means a member of an organized fire
department, including a volunteer member or a member paid on call,
who is responsible for, or is in a capacity that includes
responsibility for, the extinguishment of fires, the directing of
the extinguishment of fires, the prevention and detection of fires,
and the enforcement of the general fire laws of this state.
Firefighter does not include a person whose job description,
duties, or responsibilities do not include direct involvement in
fire suppression.
(o)
"Place of public assemblage" means a room or other space
in
a building if the room or other space can accommodate 50 or more
individuals,
including connected rooms and spaces that share a
common
means of entrance and egress. Place of public assemblage
does
not include a private 1- or 2-family dwelling.building or
structure, or a portion thereof, used for the gathering of persons
for purposes including, but not limited to, civic, social, or
religious functions, recreation, food or drink consumption, or
awaiting transportation. A building or tenant space with an
occupant load of fewer than 50 persons is not a place of public
assemblage.
(p) "Fire chief" or "chief of an organized fire department"
means the chief operating officer of an organized fire department.
(q) "Board" means the state fire safety board created in
section 3b.
(r) "Terminal" means a location where an aboveground liquid
storage tank containing a flammable liquid is located.
(s) "Attended terminal" means a terminal, other than a remote
control terminal, where an individual knowledgeable in the
aboveground liquid storage tank filling operation is physically in
attendance and control during the entire delivery of a flammable
liquid and has as his or her primary responsibility supervising the
storage tank filling operation.
(t) "Unattended terminal" means a terminal, other than a
remote control terminal or an attended terminal, where an
individual knowledgeable in the aboveground liquid storage tank
filling operation is only in attendance during a portion of the
time when a flammable liquid is being delivered or the individual's
primary responsibility is a function other than supervising the
storage tank filling operation.
(u) "Remote control terminal" means a terminal where filling
an aboveground liquid storage tank with a flammable liquid is
controlled at a remote location by the individual who conveyed the
flammable liquid to the terminal.
(v) "Pipeline" means a pipeline that conveys a flammable
liquid from a crude petroleum wellhead collection site to a
refinery or terminal or from a refinery to a terminal. Pipeline
does not mean gathering lines that convey a flammable liquid from
the wellhead to a crude petroleum collection tank or piping used in
a plant operation.
(w) "Fire alarm system" means an assemblage of components that
indicates or provides a warning of a fire emergency, installation
of which is required by the bureau under rules promulgated under
section 3c.
(x) "Fire suppression system" means an integrated combination
of a fire alarm system and fire suppression equipment that, as a
result of predetermined temperature, rate of temperature rise,
products of combustion, flame, or human intervention, will
discharge a fire extinguishing substance over a fire area,
installation of which is required by the bureau under rules
promulgated under section 3c.
(y) "Flammable liquid" means a liquid with a flash point below
100 degrees Fahrenheit and a vapor pressure that does not exceed 40
pounds per square inch absolute at 100 degrees Fahrenheit.
(z) "Combustible liquid" means a liquid with a flash point at
or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit.
(aa) "Owner of a vehicle" means 1 or more of the following:
(i) A person who rents or leases the vehicle or has the
exclusive use of the vehicle for a period greater than 30 days.
(ii) Subject to subparagraph (iii), a person who holds legal
title to the vehicle.
(iii) If the vehicle is the subject of a conditional sale or
lease agreement with the right of purchase upon performance of the
conditions in the agreement, and if the conditional vendee or
lessee has the immediate right of possession, or if a mortgagor of
a vehicle is entitled to possession, the conditional vendee or
lessee or mortgagor.
(bb) "Noncommercial transportation" means the occasional
transportation of personal property by an individual not for
compensation or in the furtherance of a commercial enterprise, and
transportation not regulated under the motor carrier safety act of
1963, 1963 PA 181, MCL 480.11 to 480.25.
Sec. 3c. (1) The bureau shall promulgate rules as provided
under section 2a pertaining to fire safety requirements for the
construction, operation, or maintenance of all of the following:
(a) Schools and dormitories, including state supported
schools, colleges, and universities and school, college, and
university dormitories.
(b) Buildings owned or leased by this state.
(c) A health facility or agency as defined in section 20106 of
the public health code, 1978 PA 368, MCL 333.20106.
(d)
Places of public assemblage.The
storage, transportation,
and handling of liquefied petroleum gas and for the storage,
noncommercial transportation, and handling of other hazardous
materials to the extent authorized by federal law.
(e) Penal facilities as described in section 62 of the
corrections code of 1953, 1953 PA 232, MCL 791.262.
(f) Mental facilities as described in section 135 of the
mental health code, 1974 PA 258, MCL 330.1135.
(2) The bureau shall promulgate other rules as provided in
section 2a as necessary to implement this act.
(3)
Consistent with Executive Reorganization Order Nos. No.
1997-2, and
1998-2, MCL 29.451, and 29.461, the department of
environmental
quality shall promulgate rules pertaining to all of
the
following:
(a)
Fire fire safety requirements for the construction,
operation, and maintenance of dry cleaning establishments that use
flammable liquids.
(b)
The storage, transportation, and handling of liquefied
petroleum
gas and for the storage, noncommercial transportation,
and
handling of other hazardous materials to the extent authorized
by
federal law.
(4)
Rules promulgated under this act shall must be consistent
with recognized good practice as evidenced by standards adopted by
nationally recognized authorities in the field of fire protection.
Experiences identified in the fire incident reports received by
this state may be considered by the board and the bureau when
reviewing rules promulgated or considering promulgation of new
rules under this act.
(5) The bureau shall promulgate rules as provided under
section 2a for the certification of a firm that does any of the
following:
(a) Installs, modifies, or documents the installation or
modification of a fire suppression system.
(b) Documents the installation or modification of a fire alarm
system.
(c) Performs testing, servicing, inspections, or maintenance
that has not been exempted by the rules promulgated by the bureau
on fire alarm systems or fire suppression systems.
(d) Submits a drawing, plan, or specification of a fire alarm
system or fire suppression system to the bureau for approval under
section 29, except an architect or professional engineer licensed
under article 20 of the occupational code, 1980 PA 299, MCL
339.2001 to 339.2014.
(6) A person may request a variation of the application of a
rule promulgated under this act by applying to the state fire
marshal. The state fire marshal may make a variation upon a finding
that the variation does not result in a hazard to life or property.
The
finding shall must be transmitted to the person requesting the
variation and entered into the records of the bureau. If the
variation
requested concerns a building, the finding shall must
also be transmitted to the governing body of the city, village, or
township in which the building is located.
(7) The entire board, except as provided in section 3b(4),
shall act as a hearing body in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
review and decide a contested case or a ruling of the state fire
marshal interpreting or applying the rules. After a hearing, the
board may vary the application of a rule or may modify the ruling
or interpretation of the state fire marshal if the enforcement of
the ruling or interpretation would do manifest injustice and would
be contrary to the spirit and purpose of the rules or the public
interest.
(8) A decision of the board to vary the application of a rule,
or
to modify or change a ruling of the state fire marshal, shall
must specify the variation, modification, or change made, the
conditions upon which it is made, and the reasons for the
variation, modification, or change.
(9) If a local school board passed a resolution calling for an
election on the question of the issuance of bonds for the
construction or remodeling of or an addition to a school, if the
election was held not later than September 28, 1989 and approved
issuance of the bonds, and if construction was reasonably
anticipated to begin not later than June 30, 1990, the
construction, remodeling, or addition to that school was exempt
from the rules promulgated by the fire safety board entitled
"schools, colleges, and universities", former R 29.301 to R 29.321
of
the Michigan administrative code, Administrative Code, filed
with the secretary of state on July 14, 1989 and effective on July
29, 1989. The construction, remodeling, or addition to that school
was, however, subject to the standards contained in rules
promulgated by the board entitled "school fire safety", former R
29.1
to R 29.298 of the Michigan administrative code.Administrative
Code.
Sec.
21c. (1) The bureau or, upon written request of the
governing
body of a city, village, township, or county and the
approval
of the bureau, a fire chief, or a firefighter in uniform
acting
under the orders and directions of a fire chief shall at
least
annually inspect each place of public assemblage to determine
whether
it is being maintained in compliance with this act.
(2)
A place of public assemblage shall not be established or
operated
without obtaining a certificate from the bureau indicating
its
maximum capacity and that it is in compliance with this act.
(1) Except as otherwise provided in this section, a city,
village, or township is responsible for administration and
enforcement of this section within its political boundary.
(2) A fire chief, a certified fire inspector, or a certified
public assembly fire inspector shall at least annually inspect each
place of public assemblage to determine whether it is being
maintained in compliance with this act and the code.
(3) A city, village, or township that is responsible for
administration and enforcement of this section may enter into
agreements with cities, villages, townships, fire authorities, or
the county in which the city, village, or township is located, or
contract with a certified public assembly fire inspector, for the
purposes of fulfilling the requirements of this section. The
governing body of a county may by ordinance assume responsibility
for the administration and enforcement of this section pursuant to
an agreement with a city, village, or township. A county that
adopts an ordinance under this subsection shall transmit a copy of
the ordinance to the state fire marshal.
(4) The governing body of a city, village, or township may by
ordinance transfer responsibility for the administration and
enforcement of this section to the bureau. The governing body of a
city, village, or township that previously transferred
responsibility for the administration and enforcement of this
section to the bureau may by ordinance assume responsibility for
the administration and enforcement of this section. A city,
village, or township that adopts an ordinance under this subsection
shall transmit a copy of the ordinance to the state fire marshal.
(5) A city, village, township, fire authority, county, or the
bureau, if responsible for performing inspections under this
section, may establish and charge a fee for inspections conducted
under this section. The fee must not exceed the actual, reasonable
cost of providing the inspection for which the fee is charged.
(6) The bureau shall establish by rule a method and process
for reporting and tracking information related to inspecting places
of public assemblage and issuing certificates. A city, village,
township, fire authority, or county responsible for administration
and enforcement of this section shall participate in the method and
process established by the bureau and shall provide the bureau with
information the bureau considers necessary to fulfill the
requirements of this section.
(7) The bureau may assume responsibility for administration
and enforcement of this section from a city, village, township,
fire authority, or county that fails to meet the requirements of
this section. The state fire marshal must notify in writing the
governing body of the city, village, township, fire authority, or
county that the bureau will assume responsibility for
administration and enforcement of this section, of the reasons why
the bureau is assuming responsibility, and of the effective date on
which the bureau is assuming responsibility.
(8) A place of public assemblage must not be established or
operated without obtaining a certificate indicating that it is in
compliance with this act and the code. The certificate must be
displayed in a conspicuous location in the place of public
assemblage.
(9) A city, village, township, fire authority, county, or the
bureau, if responsible for administration and enforcement of this
section, shall issue the certificate in subsection (8) annually to
a place of public assemblage that is in compliance with this act
and the code. The city, village, township, fire authority, county,
or bureau may establish and charge a fee for issuing the
certificate not to exceed the actual, reasonable cost of issuing
the certificate.
(10) If a place of public assemblage is not being maintained
in compliance with this act and the code, the city, village,
township, fire authority, county, or bureau may revoke or deny the
certificate required in subsection (8) and may order the place of
public assemblage to cease operation until it is in compliance.
(11) Nothing in this section prevents a city, village,
township, fire authority, or county from enforcing an ordinance
prescribing requirements for places of public assemblage that are
not less stringent than the requirements under this section.
(12) As used in this section:
(a) "Certified fire inspector" means an individual certified
by the bureau and employed by an organized fire department or
public safety department whose job description, duties, or
responsibilities include inspecting real property for fire code
violations and enforcing the general fire codes of the jurisdiction
in which he or she serves.
(b) "Certified public assembly inspector" means an individual
certified by the bureau to conduct fire safety inspections of
places of public assemblage.
(c) "Code" means the edition of the International Fire Code
that is published in the same year as the edition of the
International Building Code adopted and referenced in part 4 of the
construction code commission general rules, R 408.30401 to R
408.30499 of the Michigan Administrative Code.
Enacting section 1. Section 21d of the fire prevention code,
1941 PA 207, MCL 29.21d, is repealed.
Enacting section 2. This amendatory act takes effect January
1, 2020.