SENATE BILL NO. 463 March 23, 1999, Introduced by Senators STILLE, MC COTTER, SHUGARS, NORTH, MC MANUS and BYRUM and referred to the Committee on Local, Urban and State Affairs. A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 7, 8, 10, and 22 (MCL 125.1502, 125.1507, 125.1508, 125.1510, and 125.1522), the title as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to create a construction code commission and pre- 3 scribe its functions; to authorize the commission to promulgate 4 rules with recommendations from each affected board relating to 5 the construction, alteration, demolition, occupancy, and use of 00136'99 * LBO 2 1 buildings and structures; to prescribe energy conservation 2 standards for the construction of certain buildings; to provide 3 for statewide approval of premanufactured units; to provide for 4 the testing of new devices, materials, and techniques for the 5 construction of buildings and structures; to define the classes 6 of buildings and structures affected by the act;to provide that7governmental subdivisions may with exceptions elect not to be8subject to certain parts of the act;to provide for administra- 9 tion and enforcement of the act; to create a state construction 10 code fund; to prohibit certain conduct; to establish PENALTIES, 11 remedies, and sanctions for violations of the act; to repeal acts 12 and parts of acts; and to provide an appropriation. 13 Sec. 2. (1) As used in this act: 14 (a) "Agricultural or agricultural purposes" means of, or 15 pertaining to, or connected with, or engaged in agriculture or 16 tillage which is characterized by the act or business of culti- 17 vating or using land and soil for the production of crops for the 18 use of animals or humans, and includes, but is not limited to, 19 purposes related to agriculture, farming, dairying, pasturage, 20 horticulture, floriculture, viticulture, and animal and poultry 21 husbandry. 22 (b) "Application for a building permit" means an application 23 for a building permit submitted to an enforcing agency pursuant 24 to this act and plans, specifications, surveys, statements, and 25 other material submitted to the enforcing agency together or in 26 connection with the application. 00136'99 * 3 1 (c) "Barrier free design" means design complying with legal 2 requirements for architectural designs which eliminate the type 3 of barriers and hindrances that deter persons with disabilities 4 from having access to and free mobility in and around a building 5 or structure. 6 (d) "Board of appeals" means the construction board of 7 appeals of a governmental subdivision provided for in section 8 14. 9 (e) "Boards" means the state plumbing and electrical admin- 10 istrative boards and the barrier free design board created in 11 section 5 of 1966 PA 1, MCL 125.1355. 12 (f) "Building" means a combination of materials, whether 13 portable or fixed, forming a structure affording a facility or 14 shelter for use or occupancy by persons, animals, or property. 15The termBUILDING does not include a building, WHETHER TEMPO- 16 RARY OR PERMANENT, incidental to the use for agricultural pur- 17 poses of the land on which the building is located if it is not 18 used in the business of retail trade.The term shall be con-19strued as though followed by the wordsBUILDING INCLUDES THE 20 MEANING "or part or parts of the building and all equipment in 21 the building" unless the context clearly requires a different 22 meaning. 23 (g) "Building envelope" means the elements of a building 24 which enclose conditioned spaces through which thermal energy may 25 be transferred to or from the exterior. 26 (h) "Business day" means a day of the year, exclusive of a 27 Saturday, Sunday, or legal holiday. 00136'99 * 4 1 (i) "Chief elected official" means the chairperson of the 2 county board of commissioners, the city mayor, the village presi- 3 dent, or the township supervisor. 4 (j) "Code" means the state construction code provided for in 5 section 4 or a partthereofOF THAT CODE of limited application 6,and includes a modification of or amendment to the code. 7 (k) "Commission" means the state construction code commis- 8 sion created by section 3. 9 (l) "Construction" means the construction, erection, recon- 10 struction, alteration, conversion, demolition, repair, moving, or 11 equipping of buildings or structures. 12 (m) "Construction regulation" means a law, act, rule, reso- 13 lution, regulation, ordinance, or code, general or special, or 14 compilation thereof,heretofore or hereafterenacted or adopted 15 BEFORE OR AFTER JANUARY 1, 1973, by this state or a county, city, 16 village, or township including a department, board, bureau, com- 17 mission, or other agency thereof, relating to the design, con- 18 struction, or use of buildings and structures and the installa- 19 tion of equipment in the building or structure. Construction 20 regulation does not include a zoning ordinance or rule issued 21 pursuant to a zoning ordinance and related to zoning. 22 (N) "COST EFFECTIVE", IN REFERENCE TO SECTION 4(3)(F) AND 23 (G), MEANS, USING THE EXISTING ENERGY EFFICIENCY STANDARDS AND 24 REQUIREMENTS AS THE BASE OF COMPARISON, THE ECONOMIC BENEFITS OF 25 THE PROPOSED ENERGY EFFICIENCY STANDARDS AND REQUIREMENTS WILL 26 EXCEED THE ECONOMIC COSTS OF THE REQUIREMENTS OF THE PROPOSED 00136'99 * 5 1 RULES BASED UPON AN INCREMENTAL MULTIYEAR ANALYSIS. ALL OF THE 2 FOLLOWING PROVISIONS APPLY: 3 (i) THE ANALYSIS SHALL TAKE INTO CONSIDERATION THE PERSPEC- 4 TIVE OF A TYPICAL FIRST-TIME HOME BUYER. 5 (ii) THE ANALYSIS SHALL CONSIDER BENEFITS AND COSTS OVER A 6 7-YEAR TIME PERIOD. 7 (iii) THE ANALYSIS SHALL NOT ASSUME FUEL PRICE INCREASES IN 8 EXCESS OF THE ASSUMED GENERAL RATE OF INFLATION. 9 (iv) THE ANALYSIS SHALL ASSURE THAT THE BUYER OF A HOME WHO 10 QUALIFIES TO PURCHASE THE HOME BEFORE THE ADDITION OF THE ENERGY 11 EFFICIENT STANDARDS WOULD STILL QUALIFY TO PURCHASE THE SAME HOME 12 AFTER THE ADDITIONAL COST OF THE ENERGY-SAVING CONSTRUCTION 13 FEATURES. 14 (v) THE ANALYSIS SHALL ASSURE THAT THE COSTS OF PRINCIPAL, 15 INTEREST, TAXES, INSURANCE, AND UTILITIES WILL NOT BE GREATER 16 AFTER THE INCLUSION OF THE PROPOSED COST OF THE ADDITIONAL 17 ENERGY-SAVING CONSTRUCTION FEATURES REQUIRED BY THE PROPOSED 18 ENERGY EFFICIENCY RULES AS OPPOSED TO THE PROVISIONS OF THE 19 EXISTING ENERGY EFFICIENCY RULES. 20 (O)(n)"Department" means the department oflabor21 CONSUMER AND INDUSTRY SERVICES. 22 (P)(o)"Director" means the director oflaborTHE 23 DEPARTMENT or an authorized representative of the director. 24 (Q)(p)"Energy conservation" means the efficient use of 25 energy by providing building envelopes with high thermal resis- 26 tance and low air leakage, and the selection of energy efficient 00136'99 * 6 1 mechanical, electrical service, and illumination systems, 2 equipment, devices, or apparatus. 3 (R)(q)"Enforcing agency" means the enforcing agency, in 4 accordance with section 8 or 9, which is responsible for adminis- 5 tration and enforcement of a nationally recognized model code or 6 this act and the code within a governmental subdivision, except 7 for the purposes of section 19 enforcing agency means the agency 8 in a governmental unit principally responsible for the adminis- 9 tration and enforcement of applicable construction regulations. 10 (S)(r)"Equipment" means plumbing, heating, electrical, 11 ventilating, air conditioning, and refrigerating equipment. 12 (T)(s)"Executive director" means the director of the 13 bureau of construction codes as set forth under section 7. 14 (U)(t)"Governmental subdivision" means a county, city, 15 village, or township which in accordance with section 8 or 9 has 16 assumed responsibility fortheadministration and enforcement 17 of a nationally recognized model code or this act and the code 18 within its jurisdiction. 19 (V)(u)"Mobile home" means a vehicular, portable struc- 20 ture built on a chassis and designed to be used without a per- 21 manent foundation as a dwelling when connected to required utili- 22 ties and which is, or is intended to be, attached to the ground, 23 to another structure, or to a utility system on the same premises 24 for more than 30 consecutive days. 25 (W)(v)"Other laws and ordinances" means other laws and 26 ordinances,whether enacted by this state or by a county, 00136'99 * 7 1 city, village, or township and the rules issuedthereunder2 UNDER THOSE LAWS AND ORDINANCES. 3 (X)(w)"Owner" means the owner of the freehold of the 4 premises or lesser estate in the premises, a mortgagee or vendee 5 in possession, an assignee of rents, receiver, executor, trustee, 6 lessee, or any other person, sole proprietorship, partnership, 7 association, or corporation directly or indirectly in control of 8 a building, structure, or real property or his or her duly autho- 9 rized agent. 10 (Y)(x)"Person with disabilities" means a individual 11 whose physical characteristics have a particular relationship to 12 that individual's ability to be self-reliant in the individual's 13 movement throughout and use of the building environment. 14 (Z)(y)"Premanufactured unit" means an assembly of mate- 15 rials or products intended to comprise all or part of a building 16 or structure, and which is assembled at other than the final 17 location of the unit of the building or structures by a repeti- 18 tive process under circumstances intended to insure uniformity of 19 quality and material content. Premanufactured unit includes a 20 mobile home. 21 (AA)(z)"Structure" means that which is built or con- 22 structed, an edifice or building of any kind, or a piece of work 23 artificially built up or composed of parts joined together in 24 some definite manner. Structure does not include a structure 25 incident to the use for agricultural purposes of the land on 26 which the structure is located and does not include works of 27 heavy civil construction including,without limitationBUT NOT 00136'99 * 8 1 LIMITED TO, a highway, bridge, dam, reservoir, lock, mine, 2 harbor, dockside port facility, an airport landing facility and 3 facilities for the generation or transmission, or distribution of 4 electricity. Structureshall be construed as though followed by5the wordsINCLUDES THE MEANING "or part or parts of the struc- 6 ture and all equipment in the structure" unless the context 7 clearlyindicates otherwiseREQUIRES A DIFFERENT MEANING. 8 (2) Unless the context clearly indicates otherwise, 9referencesA REFERENCE to this act, or to this act and the 10 code,shall refer toMEANS this act and rules promulgated pur- 11 suant to this act including the code. 12 SEC. 2A. (1) AS USED IN THIS ACT: 13 (A) "AGRICULTURAL OR AGRICULTURAL PURPOSES" MEANS OF, OR 14 PERTAINING TO, OR CONNECTED WITH, OR ENGAGED IN AGRICULTURE OR 15 TILLAGE WHICH IS CHARACTERIZED BY THE ACT OR BUSINESS OF CULTI- 16 VATING OR USING LAND AND SOIL FOR THE PRODUCTION OF CROPS FOR THE 17 USE OF ANIMALS OR HUMANS, AND INCLUDES, BUT IS NOT LIMITED TO, 18 PURPOSES RELATED TO AGRICULTURE, FARMING, DAIRYING, PASTURAGE, 19 HORTICULTURE, FLORICULTURE, VITICULTURE, AND ANIMAL AND POULTRY 20 HUSBANDRY. 21 (B) "APPLICATION FOR A BUILDING PERMIT" MEANS AN APPLICATION 22 FOR A BUILDING PERMIT SUBMITTED TO AN ENFORCING AGENCY PURSUANT 23 TO THIS ACT AND PLANS, SPECIFICATIONS, SURVEYS, STATEMENTS, AND 24 OTHER MATERIAL SUBMITTED TO THE ENFORCING AGENCY TOGETHER OR IN 25 CONNECTION WITH THE APPLICATION. 26 (C) "BARRIER FREE DESIGN" MEANS DESIGN COMPLYING WITH LEGAL 27 REQUIREMENTS FOR ARCHITECTURAL DESIGNS WHICH ELIMINATE THE TYPE 00136'99 * 9 1 OF BARRIERS AND HINDRANCES THAT DETER PERSONS WITH DISABILITIES 2 FROM HAVING ACCESS TO AND FREE MOBILITY IN AND AROUND A BUILDING 3 OR STRUCTURE. 4 (D) "BOARD OF APPEALS" MEANS THE CONSTRUCTION BOARD OF 5 APPEALS OF A GOVERNMENTAL SUBDIVISION PROVIDED FOR IN SECTION 6 14. 7 (E) "BOARDS" MEANS THE STATE PLUMBING AND ELECTRICAL ADMIN- 8 ISTRATIVE BOARDS AND THE BARRIER FREE DESIGN BOARD CREATED IN 9 SECTION 5 OF 1966 PA 1, MCL 125.1355. 10 (F) "BUILDING" MEANS A COMBINATION OF MATERIALS, WHETHER 11 PORTABLE OR FIXED, FORMING A STRUCTURE AFFORDING A FACILITY OR 12 SHELTER FOR USE OR OCCUPANCY BY PERSONS, ANIMALS, OR PROPERTY. 13 BUILDING DOES NOT INCLUDE A BUILDING, WHETHER TEMPORARY OR PER- 14 MANENT, INCIDENTAL TO THE USE FOR AGRICULTURAL PURPOSES OF THE 15 LAND ON WHICH THE BUILDING IS LOCATED IF IT IS NOT USED IN THE 16 BUSINESS OF RETAIL TRADE. BUILDING INCLUDES THE MEANING "OR PART 17 OR PARTS OF THE BUILDING AND ALL EQUIPMENT IN THE BUILDING" 18 UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFERENT MEANING. 19 (G) "BUILDING ENVELOPE" MEANS THE ELEMENTS OF A BUILDING 20 WHICH ENCLOSE CONDITIONED SPACES THROUGH WHICH THERMAL ENERGY MAY 21 BE TRANSFERRED TO OR FROM THE EXTERIOR. 22 (H) "BUSINESS DAY" MEANS A DAY OF THE YEAR, EXCLUSIVE OF A 23 SATURDAY, SUNDAY, OR LEGAL HOLIDAY. 24 (I) "CHIEF ELECTED OFFICIAL" MEANS THE CHAIRPERSON OF THE 25 COUNTY BOARD OF COMMISSIONERS, THE CITY MAYOR, THE VILLAGE PRESI- 26 DENT, OR THE TOWNSHIP SUPERVISOR. 00136'99 * 10 1 (J) "CODE" MEANS THE STATE CONSTRUCTION CODE PROVIDED FOR IN 2 SECTION 4 OR A PART OF THAT CODE OF LIMITED APPLICATION AND 3 INCLUDES A MODIFICATION OF OR AMENDMENT TO THE CODE. 4 (K) "COMMISSION" MEANS THE STATE CONSTRUCTION CODE COMMIS- 5 SION CREATED BY SECTION 3. 6 (l) "CONSTRUCTION" MEANS THE CONSTRUCTION, ERECTION, RECON- 7 STRUCTION, ALTERATION, CONVERSION, DEMOLITION, REPAIR, MOVING, OR 8 EQUIPPING OF BUILDINGS OR STRUCTURES. 9 (M) "CONSTRUCTION REGULATION" MEANS A LAW, ACT, RULE, REGU- 10 LATION, OR CODE, GENERAL OR SPECIAL, OR COMPILATION THEREOF, 11 ENACTED OR ADOPTED BEFORE OR AFTER JANUARY 1, 1973, BY THIS STATE 12 INCLUDING A DEPARTMENT, BOARD, BUREAU, COMMISSION, OR OTHER 13 AGENCY THEREOF, RELATING TO THE DESIGN, CONSTRUCTION, OR USE OF 14 BUILDINGS AND STRUCTURES AND THE INSTALLATION OF EQUIPMENT IN THE 15 BUILDING OR STRUCTURE. CONSTRUCTION REGULATION DOES NOT INCLUDE 16 A ZONING ORDINANCE OR RULE ISSUED PURSUANT TO A ZONING ORDINANCE 17 AND RELATED TO ZONING. 18 (N) "COST EFFECTIVE", IN REFERENCE TO SECTION 4(3)(F) AND 19 (G), MEANS, USING THE EXISTING ENERGY EFFICIENCY STANDARDS AND 20 REQUIREMENTS AS THE BASE OF COMPARISON, THE ECONOMIC BENEFITS OF 21 THE PROPOSED ENERGY EFFICIENCY STANDARDS AND REQUIREMENTS WILL 22 EXCEED THE ECONOMIC COSTS OF THE REQUIREMENTS OF THE PROPOSED 23 RULES BASED UPON AN INCREMENTAL MULTIYEAR ANALYSIS. ALL OF THE 24 FOLLOWING PROVISIONS APPLY: 25 (i) THE ANALYSIS SHALL TAKE INTO CONSIDERATION THE PERSPEC- 26 TIVE OF A TYPICAL FIRST-TIME HOME BUYER. 00136'99 * 11 1 (ii) THE ANALYSIS SHALL CONSIDER BENEFITS AND COSTS OVER A 2 7-YEAR TIME PERIOD. 3 (iii) THE ANALYSIS SHALL NOT ASSUME FUEL PRICE INCREASES IN 4 EXCESS OF THE ASSUMED GENERAL RATE OF INFLATION. 5 (iv) THE ANALYSIS SHALL ASSURE THAT THE BUYER OF A HOME WHO 6 QUALIFIES TO PURCHASE THE HOME BEFORE THE ADDITION OF THE ENERGY 7 EFFICIENT STANDARDS WOULD STILL QUALIFY TO PURCHASE THE SAME HOME 8 AFTER THE ADDITIONAL COST OF THE ENERGY-SAVING CONSTRUCTION 9 FEATURES. 10 (v) THE ANALYSIS SHALL ASSURE THAT THE COSTS OF PRINCIPAL, 11 INTEREST, TAXES, INSURANCE, AND UTILITIES WILL NOT BE GREATER 12 AFTER THE INCLUSION OF THE PROPOSED COST OF THE ADDITIONAL 13 ENERGY-SAVING CONSTRUCTION FEATURES REQUIRED BY THE PROPOSED 14 ENERGY EFFICIENCY RULES AS OPPOSED TO THE PROVISIONS OF THE 15 EXISTING ENERGY EFFICIENCY RULES. 16 (O) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND INDUS- 17 TRY SERVICES. 18 (P) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT OR AN 19 AUTHORIZED REPRESENTATIVE OF THE DIRECTOR. 20 (Q) "ENERGY CONSERVATION" MEANS THE EFFICIENT USE OF ENERGY 21 BY PROVIDING BUILDING ENVELOPES WITH HIGH THERMAL RESISTANCE AND 22 LOW AIR LEAKAGE, AND THE SELECTION OF ENERGY EFFICIENT MECHANI- 23 CAL, ELECTRICAL SERVICE, AND ILLUMINATION SYSTEMS, EQUIPMENT, 24 DEVICES, OR APPARATUS. 25 (R) "ENFORCING AGENCY" MEANS THE ENFORCING AGENCY, IN 26 ACCORDANCE WITH SECTION 8A OR 8B, WHICH IS RESPONSIBLE FOR 27 ADMINISTRATION AND ENFORCEMENT OF THE CODE WITHIN A GOVERNMENTAL 00136'99 * 12 1 SUBDIVISION, EXCEPT FOR THE PURPOSES OF SECTION 19 ENFORCING 2 AGENCY MEANS THE AGENCY IN A GOVERNMENTAL UNIT PRINCIPALLY 3 RESPONSIBLE FOR THE ADMINISTRATION AND ENFORCEMENT OF APPLICABLE 4 CONSTRUCTION REGULATIONS. 5 (S) "EQUIPMENT" MEANS PLUMBING, HEATING, ELECTRICAL, VENTI- 6 LATING, AIR CONDITIONING, AND REFRIGERATING EQUIPMENT. 7 (T) "EXECUTIVE DIRECTOR" MEANS THE DIRECTOR OF THE BUREAU OF 8 CONSTRUCTION CODES AS SET FORTH UNDER SECTION 7. 9 (U) "GOVERNMENTAL SUBDIVISION" MEANS A COUNTY, CITY, VIL- 10 LAGE, OR TOWNSHIP WHICH IN ACCORDANCE WITH SECTION 8 HAS ASSUMED 11 RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND 12 THE CODE WITHIN ITS JURISDICTION. 13 (V) "MOBILE HOME" MEANS A VEHICULAR, PORTABLE STRUCTURE 14 BUILT ON A CHASSIS AND DESIGNED TO BE USED WITHOUT A PERMANENT 15 FOUNDATION AS A DWELLING WHEN CONNECTED TO REQUIRED UTILITIES AND 16 WHICH IS, OR IS INTENDED TO BE, ATTACHED TO THE GROUND, TO 17 ANOTHER STRUCTURE, OR TO A UTILITY SYSTEM ON THE SAME PREMISES 18 FOR MORE THAN 30 CONSECUTIVE DAYS. 19 (W) "OTHER LAWS AND ORDINANCES" MEANS OTHER LAWS AND ORDI- 20 NANCES WHETHER ENACTED BY THIS STATE OR BY A COUNTY, CITY, VIL- 21 LAGE, OR TOWNSHIP AND THE RULES ISSUED UNDER THOSE LAWS AND 22 ORDINANCES. 23 (X) "OWNER" MEANS THE OWNER OF THE FREEHOLD OF THE PREMISES 24 OR LESSER ESTATE IN THE PREMISES, A MORTGAGEE OR VENDEE IN POS- 25 SESSION, AN ASSIGNEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, 26 LESSEE, OR ANY OTHER PERSON, SOLE PROPRIETORSHIP, PARTNERSHIP, 27 ASSOCIATION, OR CORPORATION DIRECTLY OR INDIRECTLY IN CONTROL OF 00136'99 * 13 1 A BUILDING, STRUCTURE, OR REAL PROPERTY OR HIS OR HER DULY 2 AUTHORIZED AGENT. 3 (Y) "PERSON WITH DISABILITIES" MEANS A INDIVIDUAL WHOSE 4 PHYSICAL CHARACTERISTICS HAVE A PARTICULAR RELATIONSHIP TO THAT 5 INDIVIDUAL'S ABILITY TO BE SELF-RELIANT IN THE INDIVIDUAL'S MOVE- 6 MENT THROUGHOUT AND USE OF THE BUILDING ENVIRONMENT. 7 (Z) "PREMANUFACTURED UNIT" MEANS AN ASSEMBLY OF MATERIALS OR 8 PRODUCTS INTENDED TO COMPRISE ALL OR PART OF A BUILDING OR STRUC- 9 TURE, AND WHICH IS ASSEMBLED AT OTHER THAN THE FINAL LOCATION OF 10 THE UNIT OF THE BUILDING OR STRUCTURES BY A REPETITIVE PROCESS 11 UNDER CIRCUMSTANCES INTENDED TO INSURE UNIFORMITY OF QUALITY AND 12 MATERIAL CONTENT. PREMANUFACTURED UNIT INCLUDES A MOBILE HOME. 13 (AA) "STRUCTURE" MEANS THAT WHICH IS BUILT OR CONSTRUCTED, 14 AN EDIFICE OR BUILDING OF ANY KIND, OR A PIECE OF WORK ARTIFI- 15 CIALLY BUILT UP OR COMPOSED OF PARTS JOINED TOGETHER IN SOME DEF- 16 INITE MANNER. STRUCTURE DOES NOT INCLUDE A STRUCTURE INCIDENT TO 17 THE USE FOR AGRICULTURAL PURPOSES OF THE LAND ON WHICH THE STRUC- 18 TURE IS LOCATED AND DOES NOT INCLUDE WORKS OF HEAVY CIVIL CON- 19 STRUCTION INCLUDING, BUT NOT LIMITED TO, A HIGHWAY, BRIDGE, DAM, 20 RESERVOIR, LOCK, MINE, HARBOR, DOCKSIDE PORT FACILITY, AN AIRPORT 21 LANDING FACILITY AND FACILITIES FOR THE GENERATION OR TRANSMIS- 22 SION, OR DISTRIBUTION OF ELECTRICITY. STRUCTURE INCLUDES THE 23 MEANING "OR PART OR PARTS OF THE STRUCTURE AND ALL EQUIPMENT IN 24 THE STRUCTURE" UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFERENT 25 MEANING. 26 (2) UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, A 27 REFERENCE TO THIS ACT, OR TO THIS ACT AND THE CODE, MEANS THIS 00136'99 * 14 1 ACT AND RULES PROMULGATED PURSUANT TO THIS ACT INCLUDING THE 2 CODE. 3 SEC. 3A. (1) THE STATE CONSTRUCTION CODE COMMISSION IS CRE- 4 ATED AND CONSISTS OF THE STATE FIRE MARSHAL OR THE STATE FIRE 5 MARSHAL'S DESIGNEE AND THE CHAIRPERSONS OF THE BARRIER FREE 6 DESIGN BOARD, THE ELECTRICAL ADMINISTRATIVE BOARD, THE STATE 7 PLUMBING BOARD, AND THE BOARD OF MECHANICAL RULES, WHO SHALL BE 8 PERMANENT MEMBERS, AND 12 RESIDENTS OF THE STATE TO BE APPOINTED 9 BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. 10 APPOINTED MEMBERS OF THE COMMISSION SHALL INCLUDE 1 PERSON FROM 11 EACH OF THE FIELDS OF INDUSTRIAL MANAGEMENT, ARCHITECTURE, PRO- 12 FESSIONAL ENGINEERING, BUILDING CONTRACTING, ORGANIZED LABOR, 13 PREMANUFACTURED BUILDING, AND 3 MEMBERS REPRESENTING MUNICIPAL 14 BUILDING INSPECTION; 2 PERSONS FROM THE GENERAL PUBLIC; AND A 15 LICENSED RESIDENTIAL BUILDER. A MEMBER OF THE COMMISSION SHALL 16 BE APPOINTED FOR A TERM OF 2 YEARS, EXCEPT THAT A VACANCY SHALL 17 BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM. A MEMBER OF THE 18 COMMISSION MAY BE REMOVED FROM OFFICE BY THE GOVERNOR FOR INEFFI- 19 CIENCY, NEGLECT OF DUTY, OR MISCONDUCT OR MALFEASANCE IN OFFICE. 20 A MEMBER OF THE COMMISSION WHO HAS A PECUNIARY INTEREST IN A 21 MATTER BEFORE THE COMMISSION SHALL DISCLOSE THE INTEREST BEFORE 22 THE COMMISSION TAKES ACTION IN THE MATTER, WHICH DISCLOSURES 23 SHALL BE MADE A MATTER OF RECORD IN ITS OFFICIAL PROCEEDINGS. 24 EACH MEMBER OF THE COMMISSION, EXCEPT THE STATE FIRE MARSHAL OR 25 THE STATE FIRE MARSHAL'S DESIGNEE, SHALL RECEIVE COMPENSATION AND 26 ACTUAL EXPENSES INCURRED BY THE MEMBER IN THE PERFORMANCE OF THE 27 DUTIES AS A MEMBER OF THE COMMISSION. THE PER DIEM COMPENSATION 00136'99 * 15 1 OF THE MEMBERS AND THE SCHEDULE FOR REIMBURSEMENT OF EXPENSES 2 SHALL BE ESTABLISHED ANNUALLY BY THE LEGISLATURE. AN APPOINTED 3 MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN 3 CONSECUTIVE 4 TERMS. 5 (2) NINE MEMBERS OF THE COMMISSION CONSTITUTE A QUORUM. 6 EXCEPT AS OTHERWISE PROVIDED IN THE COMMISSION'S BYLAWS, ACTION 7 MAY BE TAKEN BY THE COMMISSION BY VOTE OF A MAJORITY OF THE MEM- 8 BERS PRESENT AT A MEETING. MEETINGS OF THE COMMISSION MAY BE 9 CALLED BY THE CHAIRPERSON OR BY 3 MEMBERS ON 10 DAYS' WRITTEN 10 NOTICE. NOT LESS THAN 1 MEETING SHALL BE HELD EACH CALENDAR 11 QUARTER. A MEETING OF THE COMMISSION MAY BE HELD ANYWHERE IN 12 THIS STATE. 13 (3) THE COMMISSION SHALL ELECT 1 MEMBER AS CHAIRPERSON, 14 ANOTHER AS VICE-CHAIRPERSON, AND OTHER OFFICERS AS IT DETERMINES 15 APPROPRIATE, FOR THE TERMS AND WITH THE DUTIES AND POWERS AS THE 16 COMMISSION DETERMINES. THE CHAIRPERSON AND VICE-CHAIRPERSON OF 17 THE COMMISSION SHALL BE ELECTED FROM THOSE MEMBERS APPOINTED TO 18 THE COMMISSION BY THE GOVERNOR. 19 (4) THE COMMISSION IS WITHIN THE DEPARTMENT BUT SHALL EXER- 20 CISE ITS STATUTORY FUNCTIONS INDEPENDENTLY OF THE DIRECTOR, 21 EXCEPT THAT BUDGETING, PERSONNEL, AND PROCUREMENT FUNCTIONS OF 22 THE COMMISSION SHALL BE PERFORMED UNDER THE DIRECTION AND SUPER- 23 VISION OF THE DIRECTOR. 24 (5) THE BUSINESS THAT THE COMMISSION MAY PERFORM SHALL BE 25 CONDUCTED AT A PUBLIC MEETING OF THE COMMISSION HELD IN COMPLI- 26 ANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 27 15.275. PUBLIC NOTICE OF THE TIME, DATE, AND PLACE OF THE 00136'99 * 16 1 MEETING SHALL BE GIVEN IN THE MANNER REQUIRED BY THE OPEN 2 MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. 3 (6) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, 4 OR RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL 5 FUNCTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN COMPLIANCE WITH 6 THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 7 15.246. 8 Sec. 7. (1) After consultation and with the approval of the 9 commission, the directorof laborshall appoint an executive 10 director of the commission and may DO THE FOLLOWING: 11 (a) Subject to civil service requirements, appoint subordi- 12 nate officers and employees of the commission, including legal 13 counsel, and prescribe their duties and fix their compensation. 14 (b) Appoint or use experts, consultants, technical advisers, 15 and advisory committees for assistance and recommendations rela- 16 tive to preparation and promulgation of the code and to assist 17 the commission and the executive director in carrying out this 18 act. 19 (c) Subject to the advice of the commission, do those things 20 necessary or desirable to effectuate the general purposes and 21 specific objectives of this act. 22 (2) The directorof laborshall cooperate with agencies of 23 the federal government, may enter into contracts to receive 24 funds, and may receive grants from the federal government to 25 carry out the purposes of this act. 26 Sec. 8. (1)ThisEXCEPT AS OTHERWISE PROVIDED IN 27 SECTION 8A AND UNTIL THE PROMULGATION OF THE COMPLETE BUILDING 00136'99 * 17 1 CODE UPDATE AFTER JANUARY 31, 2000, THIS act and the code apply 2 throughout the state, except that a governmental subdivision may 3 elect to exempt itself from certain parts of this act and the 4 code by adopting and enforcing a nationally recognized model 5 building code or other nationally recognized model codes. It is 6 not necessary for a governmental subdivision to elect to exempt 7 itself from every part of the code promulgated by the commission 8 in order to preserve its exemption election as to 1 or more 9 nationally recognized model codes. A governmental subdivision 10 may make this election by the passage of an ordinance adopting by 11 reference or otherwise without amendment a nationally recognized 12 model building code or other nationally recognized model codes. 13 A county ordinance adopted pursuant to this act shall be adopted 14 by the county board of commissioners and shall be signed by the 15 chairperson of the county board of commissioners and certified by 16 the county clerk. A governmental subdivision that elects not to 17 be governed by certain parts of this act and the code shall 18 review and update its codes by amending its ordinance at least 19 once every 3 years by adopting without amendment all changes to 20 those codes and submitting a certified copy of the amended ordi- 21 nance to the commission. However, a governmental subdivision 22 adopting nationally recognized model codes may approve amendments 23 to those codes by ordinance. The amendments shall become effec- 24 tive 90 days after passage of the ordinance and 90 days after a 25 certified copy of the ordinance is delivered to the commission, 26 unless the commission determines after a public hearing that the 27 codes, as amended, do not adequately protect the health, safety, 00136'99 * 18 1 or welfare of the people of the governmental subdivision, or that 2 the amendments tend to unnecessarily increase construction costs; 3 restrict the use of new materials, products, or methods of con- 4 struction; provide preferential treatment to types or classes of 5 materials, products, or methods of construction; or obstruct the 6 substantive uniformity of building codes within a region or 7 locality in the state. 8 (2) Within 10 days after December 30, 1980, the executive 9 director shall provide a notice of intent form to all governmen- 10 tal subdivisions administering and enforcing a nationally recog- 11 nized model code. This form shall set forth the date return 12 receipt is required, which date shall not be less than 60 days 13 after receipt. The chief elected official of the governmental 14 subdivision that receives this notice shall indicate on the form 15 the intention of the governmental subdivision as to whether it 16 shall continue to administer and enforce its code and transmit 17 this notice to the executive director within the prescribed 18 period. If a governmental subdivision fails to submit a notice 19 of intent to continue to administer and enforce its code within 20 the date set forth in the notice, the executive director shall 21 send a notice by registered mail to the clerk of that governmen- 22 tal subdivision. The registered notice shall indicate that the 23 governmental subdivision has 15 additional days in which to 24 submit a notice of intent to continue to administer and enforce 25 its code. If the governmental subdivision does not respond by 26 the end of the 15 additional days, it shall be conclusively 27 presumed that the governmental subdivision does not intend to 00136'99 * 19 1 continue to administer and enforce its code, and the executive 2 director shall assume the responsibility for administering and 3 enforcing this act and the code in that governmental subdivision, 4 unless the county within which that governmental subdivision is 5 located has submitted a notice of intent to continue to adminis- 6 ter and enforce this act and the code. Governmental subdivisions 7 may provide by agreement for joint enforcement of another nation- 8 ally recognized model code adopted pursuant to subsection (1). 9 (3) A county that was administering and enforcing this act 10 and the code pursuant to section 9(1) on December 30, 1980, and 11 has submitted a notice of intent to continue to administer and 12 enforce the code to the executive director pursuant to section 9, 13 after December 30, 1980, may exempt itself pursuant to subsection 14 (1) by the passage of an ordinance adopting by reference or oth- 15 erwise without amendment a nationally recognized model building 16 code or other nationally recognized model codes. However, that 17 action shall not take effect until 90 days after passage of an 18 ordinance to that effect. Before the effective date of this 19 action and the effective date of the ordinance, a county that 20 proposes to adopt an ordinance to this effect shall file the pro- 21 posed ordinance for approval pursuant to subsection (1) with the 22 commission. The commission shall review the proposed ordinance. 23 If the commission does not approve or disapprove the proposed 24 ordinance within 90 days after it is filed with the commission, 25 the proposed ordinance shall be considered approved unless the 26 county grants the commission additional time to consider the 27 proposed ordinance. The executive director shall notify a county 00136'99 * 20 1 that elects to exempt itself pursuant to subsection (1) of all 2 governmental subdivisions within their jurisdiction that have not 3 submitted a notice of intent to continue to administer and 4 enforce its code. It is the responsibility of that county to 5 administer and enforce that code for all of the governmental sub- 6 divisions within the county that have not submitted a notice of 7 intent to continue to administer and enforce its code within its 8 jurisdiction. A structure commenced under an effective code 9 shall be completed under that code. A county that elects to 10 exempt itself in accordance with this subsection may exercise the 11 option to administer and enforce this act and the code pursuant 12 to section 9(1). However, the exercise of this election to 13 administer and enforce this act and the code shall not take 14 effect until 6 months after passage of an ordinance to that 15 effect. 16 (4) A governmental subdivision that has elected to assume 17 responsibility for the administration and enforcement of this act 18 and the code, and has submitted a notice of intent to continue to 19 administer and enforce the code to the executive director pursu- 20 ant to section 9, after December 30, 1980, may reverse that elec- 21 tion and exempt itself pursuant to subsection (1) by the passage 22 of an ordinance adopting by reference or otherwise without amend- 23 ment a nationally recognized model building code or other nation- 24 ally recognized model codes. However, that action shall not take 25 effect until 90 days after passage of an ordinance to that 26 effect. Before the effective date of this action and the 27 effective date of the ordinance, a governmental subdivision that 00136'99 * 21 1 proposes to adopt an ordinance to this effect shall file the 2 proposed ordinance for approval pursuant to subsection (1) with 3 the commission. The commission shall review the proposed 4 ordinance. If the commission does not approve or disapprove the 5 proposed ordinance within 90 days after it is filed with the com- 6 mission, the proposed ordinance shall be considered approved 7 unless the governmental subdivision grants the commission addi- 8 tional time to consider the proposed ordinance. A structure com- 9 menced under an effective code shall be completed under that 10 code. A governmental subdivision that elects to exempt itself in 11 accordance with this subsection may exercise the option to make 12 itself subject to this act and the code pursuant to section 13 9(1). However, the exercise of this election to be subject to 14 this act and the code shall not take effect until 6 months after 15 passage of an ordinance to that effect. 16 (5) A governmental subdivision that has elected to exempt 17 itself pursuant to subsection (1) may reverse that election, 18 making itself subject to the act and the code. However, that 19 action shall not take effect until 60 days after passage of an 20 ordinance to that effect. A structure commenced under an effec- 21 tive code shall be completed under that code. A governmental 22 subdivision that elects to make itself subject to the code in 23 accordance with this subsection may exercise the option to exempt 24 itself pursuant to subsection (1) not later than 3 years after 25 its administration and enforcement of the code. However, that 26 exemption shall not take effect until 1 year after passage of an 27 ordinance to that effect. 00136'99 * 22 1 (6) A governmental subdivision that before December 30, 2 1980, has not administered and enforced either this act and the 3 code or another nationally recognized model code may elect to 4 exempt itself from certain parts of this act and the code pursu- 5 ant to subsection (1) by the passage of an ordinance to that 6 effect. A governmental subdivision that makes this election 7 after December 30, 1980 shall submit, in addition to the ordi- 8 nance, an application to the commission for approval to adminis- 9 ter and enforce that code within its jurisdiction. This applica- 10 tion shall be made on the proper form to be provided by the 11 commission. The standards for approval shall include, but not be 12 limited to, the certification by the governmental subdivision 13 that the enforcing agency is qualified by experience or training 14 to administer and enforce that nationally recognized model code 15 and all related acts and rules, that agency personnel are pro- 16 vided as necessary, administrative services are provided, plan 17 review services are provided, and timely field inspection serv- 18 ices shall be provided. The executive director shall seek addi- 19 tional information if the executive director considers it 20 necessary. The commission shall render a decision on the appli- 21 cation for approval to administer and enforce that code that has 22 been adopted and transmit its findings to that governmental sub- 23 division within 90 days of receipt of the application. The com- 24 mission shall document its reasons if the commission disapproves 25 an application. A governmental subdivision that receives a dis- 26 approval may resubmit its application for approval. Upon receipt 27 of approval from the commission for the administration and 00136'99 * 23 1 enforcement of that adopted code, the governmental subdivision 2 shall administer and enforce that code within its jurisdiction 3 pursuant to the provisions of its approved application. 4 (7) The state construction code or any of its sections shall 5 take effect 6 months after the code's initial promulgation. The 6 6-month delay does not apply to rules promulgated to implement 7 sections 13a, 13b, 19, and 21 and the requirements of barrier 8 free design and energy conservation of this act and code. A gov- 9 ernmental subdivision may not exempt itself from the requirements 10 of this section, section 9(8) or (10), or section 9a, 10, 13a, 11 13b, 14, 15, 20, 21a, 22(1), 23, or 23a. The 6-month delay does 12 not apply to amendments to the code or any of the code's sections 13 after the initial promulgation. A governmental subdivision that 14 elects to exempt itself from this act and the code may do so 15 within 6 months after the promulgation of the code in the manner 16 provided in subsection (1), except that any amendments the gov- 17 ernmental subdivision adopts at that time are subject to review 18 by the commission as set forth in subsection (1) within 120 days 19 after a copy of the adopted amendments is delivered to the com- 20 mission by certified mail with return receipt requested. 21 (8) A governmental subdivision that elects to exempt itself 22 from certain parts of this act and the code pursuant to subsec- 23 tion (1) and is enforcing its code within its jurisdiction pursu- 24 ant to subsection (1) may rescind that ordinance by which it 25 elected to exempt itself from certain parts of this act and the 26 code, and transfer the responsibility for the administration and 27 enforcement of this act and the code within the governmental 00136'99 * 24 1 subdivision to the executive director. The executive director 2 shall assume the responsibility for administering and enforcing 3 this act and the code in that governmental subdivision, unless 4 the county within which that governmental subdivision is located 5 has submitted a notice of intent to continue to administer and 6 enforce the code. However, that action shall not take effect 7 until 12 months after the passage of an ordinance to that 8 effect. A structure commenced under an effective code shall be 9 completed under that code. 10 (9) Locally adopted codes do not apply to public or nonpub- 11 lic schools within the governmental subdivision without concur- 12 rence by the school authorities having jurisdiction. 13 (10) Sections 10, 13a, 13b, {16, 17, 18,} 19, 21, 21a, and 14 23a, subsection (13), and other provisions of this act and code 15 directly relating to the provisions of sections 10, 13a, 13b, 16 {16, 17, 18,} 19, 21, 21a, and 23a, subsection (13), and provi- 17 sions of the code relating to the requirements of barrier free 18 design, energy conservation, and, except as provided in 19 subsection (11), for plans submitted for approval after 20 January 1, 1994 the type and number of plumbing fixtures for men 21 and women required in an assembly building with an occupancy of 22 more than 150 are effective throughout the state without local 23 modifications notwithstanding the exception of subsections (1) to 24 (9). The standards for premanufactured housing shall not be less 25 than the standards required for nonpremanufactured housing, 26 except that mobile homes shall be considered to have complied 27 with this requirement by compliance with the state code 00136'99 * *Number between {} is added. 25 1 provisions adopting a nationally recognized mobile home code. As 2 used in this subsection, "assembly building" means a theater, 3 sports arena, stadium, food service establishment with or without 4 a liquor license, exhibition hall, library, recreation center, 5 passenger terminal, and outdoor assembly structure which includes 6 an outdoor grandstand, bleacher, colosseum, stadium, amusement 7 park structure, and fair or carnival structure. 8 (11) With respect to the type and number of plumbing fix- 9 tures required for men and women in an assembly building pursuant 10 to subsection (10), the executive director, in his or her sole 11 discretion, may exempt from the effective date provision those 12 projects for which plans were near finalization before January 1, 13 1994, but were submitted after that date. 14 (12) The commission may limit the application of a part of 15 the code to include or exclude the following: 16 (a) Specified classes or types of buildings or structures, 17 according to use, or other distinctions as may make differentia- 18 tion or separate classification or regulation necessary, proper, 19 or desirable. The commission shall consider the specific prob- 20 lems of the construction or alteration of a single family, 21 owner-occupied recreational dwelling that is located in a 22 sparsely populated area and that is to be occupied on a part-time 23 basis. 24 (b) Specified areas of the state based on size, population 25 density, special conditions prevailing in the area, or other fac- 26 tors as may make differentiation or separate classification or 27 regulation necessary, proper, or desirable. 00136'99 * 26 1 (13) A building or structure that has baby changing stations 2 in the women's restrooms shall have baby changing stations in the 3 men's restrooms. 4 SEC. 8A. (1) THIS ACT AND THE CODE APPLY THROUGHOUT THE 5 STATE. 6 (2) WITHIN 10 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSEC- 7 TION, THE EXECUTIVE DIRECTOR SHALL PROVIDE A NOTICE OF INTENT 8 FORM TO ALL GOVERNMENTAL SUBDIVISIONS ADMINISTERING AND ENFORCING 9 A NATIONALLY RECOGNIZED MODEL CODE OTHER THAN THE CODE ESTAB- 10 LISHED BY THE COMMISSION UNDER THIS ACT. THIS FORM SHALL SET 11 FORTH THE DATE RETURN RECEIPT IS REQUIRED, WHICH DATE SHALL NOT 12 BE LESS THAN 60 DAYS AFTER RECEIPT. THE CHIEF ELECTED OFFICIAL 13 OF THE GOVERNMENTAL SUBDIVISION THAT RECEIVES THIS NOTICE SHALL 14 INDICATE ON THE FORM THE INTENTION OF THE GOVERNMENTAL SUBDIVI- 15 SION AS TO WHETHER IT SHALL ADMINISTER AND ENFORCE THE CODE AND 16 TRANSMIT THIS NOTICE TO THE EXECUTIVE DIRECTOR WITHIN THE PRE- 17 SCRIBED PERIOD. IF A GOVERNMENTAL SUBDIVISION FAILS TO SUBMIT A 18 NOTICE OF INTENT TO ADMINISTER AND ENFORCE THE CODE WITHIN THE 19 DATE SET FORTH IN THE NOTICE, THE EXECUTIVE DIRECTOR SHALL SEND A 20 NOTICE BY REGISTERED MAIL TO THE CLERK OF THAT GOVERNMENTAL 21 SUBDIVISION. THE REGISTERED NOTICE SHALL INDICATE THAT THE GOV- 22 ERNMENTAL SUBDIVISION HAS 15 ADDITIONAL DAYS IN WHICH TO SUBMIT A 23 NOTICE OF INTENT TO ADMINISTER AND ENFORCE THE CODE. IF THE GOV- 24 ERNMENTAL SUBDIVISION DOES NOT RESPOND BY THE END OF THE 15 ADDI- 25 TIONAL DAYS, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE GOVERN- 26 MENTAL SUBDIVISION DOES NOT INTEND TO ADMINISTER AND ENFORCE THE 27 CODE, AND THE EXECUTIVE DIRECTOR SHALL ASSUME THE RESPONSIBILITY 00136'99 * 27 1 FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE IN THAT 2 GOVERNMENTAL SUBDIVISION, UNLESS THE COUNTY WITHIN WHICH THAT 3 GOVERNMENTAL SUBDIVISION IS LOCATED HAS SUBMITTED A NOTICE OF 4 INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE 5 CODE. GOVERNMENTAL SUBDIVISIONS MAY PROVIDE BY AGREEMENT FOR 6 JOINT ENFORCEMENT OF THE CODE. 7 (3) A GOVERNMENTAL SUBDIVISION THAT HAS ELECTED TO ASSUME 8 RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT 9 AND THE CODE, AND HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO 10 ADMINISTER AND ENFORCE THE CODE TO THE EXECUTIVE DIRECTOR PURSU- 11 ANT TO SECTION 8B, AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, 12 MAY REVERSE THAT ELECTION. 13 (4) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE 14 DATE OF THIS SUBSECTION, HAS ELECTED TO EXEMPT ITSELF PURSUANT TO 15 SUBSECTION (1) MAY REVERSE THAT ELECTION, MAKING ITSELF SUBJECT 16 TO THE ACT AND THE CODE. HOWEVER, THAT ACTION SHALL NOT TAKE 17 EFFECT UNTIL 60 DAYS AFTER PASSAGE OF AN ORDINANCE TO THAT 18 EFFECT. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL BE 19 COMPLETED UNDER THAT CODE. 20 (5) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE 21 DATE OF THIS SUBSECTION, HAS NOT ADMINISTERED AND ENFORCED EITHER 22 THIS ACT AND THE CODE OR ANOTHER NATIONALLY RECOGNIZED MODEL CODE 23 MAY ELECT TO ENFORCE THIS ACT AND THE CODE PURSUANT TO SUBSECTION 24 (1) BY THE PASSAGE OF AN ORDINANCE TO THAT EFFECT. A GOVERNMEN- 25 TAL SUBDIVISION THAT MAKES THIS ELECTION AFTER THE EFFECTIVE DATE 26 OF THIS SUBSECTION SHALL SUBMIT, IN ADDITION TO THE ORDINANCE, AN 27 APPLICATION TO THE COMMISSION FOR APPROVAL TO ADMINISTER AND 00136'99 * 28 1 ENFORCE THAT CODE WITHIN ITS JURISDICTION. THIS APPLICATION 2 SHALL BE MADE ON THE PROPER FORM TO BE PROVIDED BY THE 3 COMMISSION. THE STANDARDS FOR APPROVAL SHALL INCLUDE, BUT NOT BE 4 LIMITED TO, THE CERTIFICATION BY THE GOVERNMENTAL SUBDIVISION 5 THAT THE ENFORCING AGENCY IS QUALIFIED BY EXPERIENCE OR TRAINING 6 TO ADMINISTER AND ENFORCE THE CODE AND ALL RELATED ACTS AND 7 RULES, THAT AGENCY PERSONNEL ARE PROVIDED AS NECESSARY, ADMINIS- 8 TRATIVE SERVICES ARE PROVIDED, PLAN REVIEW SERVICES ARE PROVIDED, 9 AND TIMELY FIELD INSPECTION SERVICES SHALL BE PROVIDED. THE 10 EXECUTIVE DIRECTOR SHALL SEEK ADDITIONAL INFORMATION IF THE EXEC- 11 UTIVE DIRECTOR CONSIDERS IT NECESSARY. THE COMMISSION SHALL 12 RENDER A DECISION ON THE APPLICATION FOR APPROVAL TO ADMINISTER 13 AND ENFORCE THE CODE THAT HAS BEEN ADOPTED AND TRANSMIT ITS FIND- 14 INGS TO THAT GOVERNMENTAL SUBDIVISION WITHIN 90 DAYS OF RECEIPT 15 OF THE APPLICATION. THE COMMISSION SHALL DOCUMENT ITS REASONS IF 16 THE COMMISSION DISAPPROVES AN APPLICATION. A GOVERNMENTAL SUBDI- 17 VISION THAT RECEIVES A DISAPPROVAL MAY RESUBMIT ITS APPLICATION 18 FOR APPROVAL. UPON RECEIPT OF APPROVAL FROM THE COMMISSION FOR 19 THE ADMINISTRATION AND ENFORCEMENT OF THE CODE, THE GOVERNMENTAL 20 SUBDIVISION SHALL ADMINISTER AND ENFORCE THE CODE WITHIN ITS 21 JURISDICTION PURSUANT TO THE PROVISIONS OF ITS APPROVED 22 APPLICATION. 23 (6) THE CODE OR ANY OF ITS SECTIONS SHALL TAKE EFFECT 6 24 MONTHS AFTER THE CODE'S INITIAL PROMULGATION. THE 6-MONTH DELAY 25 DOES NOT APPLY TO RULES PROMULGATED TO IMPLEMENT SECTIONS 13A, 26 13B, 13C, 19, AND 21 AND THE REQUIREMENTS OF BARRIER FREE DESIGN 27 AND ENERGY CONSERVATION OF THIS ACT AND CODE. THE 6-MONTH DELAY 00136'99 * 29 1 DOES NOT APPLY TO AMENDMENTS TO THE CODE OR ANY OF THE CODE'S 2 SECTIONS AFTER THE INITIAL PROMULGATION. 3 (7) THE STANDARDS FOR PREMANUFACTURED HOUSING SHALL NOT BE 4 LESS THAN THE STANDARDS REQUIRED FOR NONPREMANUFACTURED HOUSING, 5 EXCEPT THAT MOBILE HOMES SHALL BE CONSIDERED TO HAVE COMPLIED 6 WITH THIS REQUIREMENT BY COMPLIANCE WITH THE STATE CODE PROVI- 7 SIONS ADOPTING A NATIONALLY RECOGNIZED MOBILE HOME CODE. AS USED 8 IN THIS SUBSECTION, "ASSEMBLY BUILDING" MEANS A THEATER, SPORTS 9 ARENA, STADIUM, FOOD SERVICE ESTABLISHMENT WITH OR WITHOUT A 10 LIQUOR LICENSE, EXHIBITION HALL, LIBRARY, RECREATION CENTER, PAS- 11 SENGER TERMINAL, AND OUTDOOR ASSEMBLY STRUCTURE WHICH INCLUDES AN 12 OUTDOOR GRANDSTAND, BLEACHER, COLOSSEUM, STADIUM, AMUSEMENT PARK 13 STRUCTURE, AND FAIR OR CARNIVAL STRUCTURE. 14 (8) THE COMMISSION MAY LIMIT THE APPLICATION OF A PART OF 15 THE CODE TO INCLUDE OR EXCLUDE THE FOLLOWING: 16 (A) SPECIFIED CLASSES OR TYPES OF BUILDINGS OR STRUCTURES, 17 ACCORDING TO USE, OR OTHER DISTINCTIONS AS MAY MAKE DIFFERENTIA- 18 TION OR SEPARATE CLASSIFICATION OR REGULATION NECESSARY, PROPER, 19 OR DESIRABLE. THE COMMISSION SHALL CONSIDER THE SPECIFIC PROB- 20 LEMS OF THE CONSTRUCTION OR ALTERATION OF A SINGLE FAMILY, 21 OWNER-OCCUPIED RECREATIONAL DWELLING THAT IS LOCATED IN A 22 SPARSELY POPULATED AREA AND THAT IS TO BE OCCUPIED ON A PART-TIME 23 BASIS. 24 (B) SPECIFIED AREAS OF THE STATE BASED ON SIZE, POPULATION 25 DENSITY, SPECIAL CONDITIONS PREVAILING IN THE AREA, OR OTHER FAC- 26 TORS AS MAY MAKE DIFFERENTIATION OR SEPARATE CLASSIFICATION OR 27 REGULATION NECESSARY, PROPER, OR DESIRABLE. 00136'99 * 30 1 (9) A BUILDING OR STRUCTURE THAT HAS BABY CHANGING STATIONS 2 IN THE WOMEN'S RESTROOMS SHALL HAVE BABY CHANGING STATIONS IN THE 3 MEN'S RESTROOMS. 4 SEC. 8B. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 5 THE EXECUTIVE DIRECTOR IS RESPONSIBLE FOR ADMINISTRATION AND 6 ENFORCEMENT OF THIS ACT AND THE CODE. A GOVERNMENTAL SUBDIVISION 7 MAY BY ORDINANCE ASSUME RESPONSIBILITY FOR ADMINISTRATION AND 8 ENFORCEMENT OF THIS ACT WITHIN ITS POLITICAL BOUNDARY. A COUNTY 9 ORDINANCE ADOPTED PURSUANT TO THIS ACT SHALL BE ADOPTED BY THE 10 COUNTY BOARD OF COMMISSIONERS AND SHALL BE SIGNED BY THE CHAIR- 11 PERSON OF THE COUNTY BOARD OF COMMISSIONERS AND CERTIFIED BY THE 12 COUNTY CLERK. 13 (2) A GOVERNMENTAL SUBDIVISION THAT HAS ASSUMED THE RESPON- 14 SIBILITY FOR ADMINISTERING AND ENFORCING THIS ACT AND THE CODE 15 MAY, THROUGH ITS CHIEF LEGAL OFFICER, ISSUE A COMPLAINT AND 16 OBTAIN A WARRANT FOR A VIOLATION OF THIS ACT OR THE CODE AND 17 PROSECUTE THE VIOLATION WITH THE SAME POWER AND AUTHORITY IT POS- 18 SESSES IN PROSECUTING A LOCAL ORDINANCE VIOLATION. IF PURSUANT 19 TO SECTION 23, A GOVERNMENTAL SUBDIVISION HAS BY ORDINANCE DESIG- 20 NATED A VIOLATION OF THE ACT OR CODE AS A MUNICIPAL CIVIL INFRAC- 21 TION, THE GOVERNMENTAL SUBDIVISION MAY ISSUE A CITATION OR MUNIC- 22 IPAL ORDINANCE VIOLATION NOTICE PURSUANT TO CHAPTER 87 OF THE 23 REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.8701 TO 24 600.8735, FOR A VIOLATION OF THE ACT OR CODE. UNLESS OTHERWISE 25 PROVIDED BY LOCAL LAW OR ORDINANCE, THE LEGISLATIVE BODY OF A 26 GOVERNMENTAL SUBDIVISION RESPONSIBLE FOR ADMINISTRATION AND 27 ENFORCEMENT OF THIS ACT AND THE CODE SHALL DESIGNATE AN ENFORCING 00136'99 * 31 1 AGENCY THAT SHALL DISCHARGE THE RESPONSIBILITIES OF THE 2 GOVERNMENTAL SUBDIVISION UNDER THIS ACT. GOVERNMENTAL SUBDIVI- 3 SIONS MAY PROVIDE BY AGREEMENT FOR JOINT ENFORCEMENT OF THIS 4 ACT. 5 (3) SUBJECT TO THE OTHER PROVISIONS OF THIS ACT, AN ENFORC- 6 ING AGENCY IS ANY OFFICIAL OR AGENT OF A GOVERNMENTAL SUBDIVISION 7 QUALIFIED BY EXPERIENCE OR TRAINING TO PERFORM THE DUTIES ASSOCI- 8 ATED WITH CONSTRUCTION CODE ADMINISTRATION AND ENFORCEMENT. 9 (4) BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE EXECUTIVE 10 DIRECTOR SHALL PROVIDE EACH GOVERNMENTAL SUBDIVISION ADMINISTER- 11 ING AND ENFORCING THIS ACT AND THE CODE WITH A NOTICE OF INTENT 12 FORM. THIS FORM SHALL SET FORTH THE DATE RETURN RECEIPT IS 13 REQUIRED, WHICH DATE SHALL NOT BE LESS THAN 60 DAYS. THE CHIEF 14 ELECTED OFFICIAL OF THE GOVERNMENTAL SUBDIVISION THAT RECEIVES 15 THIS NOTICE SHALL INDICATE ON THE FORM THE INTENTION OF THE GOV- 16 ERNMENTAL SUBDIVISION AS TO WHETHER IT SHALL CONTINUE TO ADMINIS- 17 TER AND ENFORCE THIS ACT AND THE CODE AND TRANSMIT THIS NOTICE TO 18 THE EXECUTIVE DIRECTOR WITHIN THE PRESCRIBED PERIOD. IF A GOV- 19 ERNMENTAL SUBDIVISION FAILS TO SUBMIT A NOTICE OF INTENT TO CON- 20 TINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN THE 21 DATE SET FORTH IN THE NOTICE, THE EXECUTIVE DIRECTOR SHALL SEND A 22 NOTICE BY REGISTERED MAIL TO THE CLERK OF THAT GOVERNMENTAL 23 SUBDIVISION. THIS NOTICE SHALL INDICATE THAT THE GOVERNMENTAL 24 SUBDIVISION HAS 15 ADDITIONAL DAYS IN WHICH TO SUBMIT A NOTICE OF 25 INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT AND THE 26 CODE. IF THE GOVERNMENTAL SUBDIVISION DOES NOT RESPOND BY THE 27 END OF THE 15 ADDITIONAL DAYS, IT SHALL BE CONCLUSIVELY PRESUMED 00136'99 * 32 1 THAT THE GOVERNMENTAL SUBDIVISION DOES NOT INTEND TO CONTINUE TO 2 ADMINISTER AND ENFORCE THIS ACT AND THE CODE AND THE EXECUTIVE 3 DIRECTOR SHALL ASSUME THE RESPONSIBILITY FOR ADMINISTERING AND 4 ENFORCING THIS ACT AND THE CODE IN THAT GOVERNMENTAL SUBDIVISION, 5 UNLESS THE COUNTY WITHIN WHICH THE GOVERNMENTAL SUBDIVISION IS 6 LOCATED SUBMITS A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND 7 ENFORCE THIS ACT AND THE CODE. 8 (5) A COUNTY THAT IS ADMINISTERING AND ENFORCING THIS ACT 9 AND THE CODE ON THE EFFECTIVE DATE OF THIS SECTION AND THAT SUB- 10 MITS A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE 11 THIS ACT AND THE CODE PURSUANT TO SUBSECTION (4) IS RESPONSIBLE 12 FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE 13 FOR EACH GOVERNMENTAL SUBDIVISION WITHIN THE COUNTY THAT DOES NOT 14 SUBMIT A NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE 15 THIS ACT AND THE CODE OR ANOTHER NATIONALLY RECOGNIZED MODEL CODE 16 WITHIN ITS JURISDICTION. THE EXECUTIVE DIRECTOR SHALL NOTIFY THE 17 COUNTY OF THOSE GOVERNMENTAL SUBDIVISIONS THAT DO NOT SUBMIT A 18 NOTICE OF INTENT. 19 (6) A GOVERNMENTAL SUBDIVISION THAT, BEFORE THE EFFECTIVE 20 DATE OF THIS SECTION, DID NOT ADMINISTER AND ENFORCE THIS ACT AND 21 THE CODE MAY ELECT TO ASSUME THE RESPONSIBILITY FOR THE ADMINIS- 22 TRATION AND ENFORCEMENT OF THIS ACT AND THE CODE PURSUANT TO SUB- 23 SECTION (1) BY THE PASSAGE OF AN ORDINANCE TO THAT EFFECT. A 24 GOVERNMENTAL SUBDIVISION THAT MAKES THIS ELECTION AFTER THE 25 EFFECTIVE DATE OF THIS SECTION SHALL SUBMIT, IN ADDITION TO THE 26 ORDINANCE, AN APPLICATION TO THE COMMISSION FOR APPROVAL TO 27 ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN ITS 00136'99 * 33 1 JURISDICTION. THIS APPLICATION SHALL BE MADE ON THE PROPER FORM 2 TO BE PROVIDED BY THE COMMISSION. THE STANDARDS FOR APPROVAL 3 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CERTIFICATION BY THE 4 GOVERNMENTAL SUBDIVISION THAT THE ENFORCING AGENCY IS QUALIFIED 5 BY EXPERIENCE OR TRAINING TO ADMINISTER AND ENFORCE THIS ACT AND 6 THE CODE AND ALL RELATED ACTS AND RULES, THAT AGENCY PERSONNEL 7 ARE PROVIDED AS NECESSARY, THAT ADMINISTRATIVE SERVICES ARE PRO- 8 VIDED, THAT PLAN REVIEW SERVICES ARE PROVIDED, AND THAT TIMELY 9 FIELD INSPECTION SERVICES WILL BE PROVIDED. THE EXECUTIVE DIREC- 10 TOR SHALL SEEK ADDITIONAL INFORMATION IF THE EXECUTIVE DIRECTOR 11 CONSIDERS IT NECESSARY. THE COMMISSION SHALL RENDER A DECISION 12 ON THE APPLICATION FOR APPROVAL TO ADMINISTER AND ENFORCE THIS 13 ACT AND THE CODE AND TRANSMIT ITS FINDINGS TO THE GOVERNMENTAL 14 SUBDIVISION WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION. THE 15 COMMISSION SHALL DOCUMENT ITS REASONS, IF THE COMMISSION DISAP- 16 PROVES AN APPLICATION. A GOVERNMENTAL SUBDIVISION THAT RECEIVES 17 A DISAPPROVAL MAY RESUBMIT ITS APPLICATION FOR APPROVAL. UPON 18 RECEIPT OF APPROVAL FROM THE COMMISSION FOR THE ADMINISTRATION 19 AND ENFORCEMENT OF THIS ACT AND THE CODE, THE GOVERNMENTAL SUBDI- 20 VISION SHALL ADMINISTER AND ENFORCE THIS ACT AND THE CODE WITHIN 21 ITS JURISDICTION PURSUANT TO THE PROVISIONS OF THIS ACT AND THE 22 APPLICATION. 23 (7) A GOVERNMENTAL SUBDIVISION THAT ELECTS TO ADMINISTER AND 24 ENFORCE THIS ACT AND THE CODE WITHIN ITS JURISDICTION BY THE 25 ADOPTION OF AN ORDINANCE MAY RESCIND THAT ORDINANCE AND TRANSFER 26 THE RESPONSIBILITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS 27 ACT AND THE CODE TO THE EXECUTIVE DIRECTOR. THE EXECUTIVE 00136'99 * 34 1 DIRECTOR SHALL ASSUME THE RESPONSIBILITY FOR ADMINISTERING AND 2 ENFORCING THIS ACT AND THE CODE IN THAT GOVERNMENTAL SUBDIVISION, 3 UNLESS THE COUNTY WITHIN WHICH THAT GOVERNMENTAL SUBDIVISION IS 4 LOCATED HAS SUBMITTED A NOTICE OF INTENT TO CONTINUE TO ADMINIS- 5 TER AND ENFORCE THE CODE. HOWEVER, THAT ACTION SHALL NOT TAKE 6 EFFECT UNTIL 12 MONTHS AFTER THE PASSAGE OF AN ORDINANCE TO THAT 7 EFFECT. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL BE 8 COMPLETED UNDER THAT CODE. 9 (8) THE EXECUTIVE DIRECTOR IS RESPONSIBLE FOR ADMINISTRATION 10 AND ENFORCEMENT OF THIS ACT AND THE CODE FOR BUILDINGS AND STRUC- 11 TURES THAT ARE NOT UNDER THE RESPONSIBILITY OF AN ENFORCING 12 AGENCY IN THOSE GOVERNMENTAL SUBDIVISIONS THAT ELECT TO ADMINIS- 13 TER AND ENFORCE THIS ACT AND THE CODE. A BUILDING OR STRUCTURE 14 OWNED BY THE STATE SHALL NOT BE ERECTED, REMODELED, OR RECON- 15 STRUCTED IN THE STATE AFTER DECEMBER 30, 1980, EXCEPT SCHOOL 16 BUILDINGS OR FACILITIES OR INSTITUTIONS OF HIGHER EDUCATION AS 17 DESCRIBED IN SECTION 4 OF ARTICLE VIII OF THE STATE CONSTITUTION 18 OF 1963, UNTIL WRITTEN APPROVAL OF THE PLANS AND SPECIFICATIONS 19 HAS BEEN OBTAINED FROM THE BUREAU OF CONSTRUCTION CODES LOCATED 20 WITHIN THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES INDICAT- 21 ING THAT THE STATE OWNED FACILITIES SHALL BE DESIGNED AND CON- 22 STRUCTED IN CONFORMANCE WITH THE STATE CONSTRUCTION CODE. THIS 23 SUBSECTION DOES NOT APPLY TO ANY STATE OWNED FACILITY FOR WHICH 24 CONSTRUCTION COMMENCED BEFORE DECEMBER 30, 1980. THE BUREAU OF 25 CONSTRUCTION CODES SHALL BE THE LEAD AGENCY IN THE COORDINATION 26 AND IMPLEMENTATION OF THIS SUBSECTION. THE BUREAU OF 27 CONSTRUCTION CODES SHALL PERFORM REQUIRED PLAN REVIEWS AND 00136'99 * 35 1 INSPECTIONS AS REQUIRED BY THE STATE CONSTRUCTION CODE. EACH 2 DEPARTMENT SHALL SECURE REQUIRED PLAN APPROVALS AND PERMITS FROM 3 THE BUREAU. FEES CHARGED BY THE BUREAU FOR PERMITS SHALL BE IN 4 ACCORDANCE WITH THE COMMISSION'S APPROVED SCHEDULE OF FEES. 5 STATE DEPARTMENTS AND INSTITUTIONS MAY ALLOW LOCAL INSPECTORS TO 6 INSPECT THE CONSTRUCTION OF STATE OWNED FACILITIES. HOWEVER, AN 7 INSPECTION CONDUCTED BY A LOCAL INSPECTOR SHALL BE OF AN ADVISORY 8 NATURE ONLY. 9 (9) THIS SECTION DOES NOT AFFECT THE RESPONSIBILITIES OF THE 10 COMMISSION FOR ADMINISTRATION AND ENFORCEMENT OF THIS ACT UNDER 11 OTHER SECTIONS OF THIS ACT, OR RESPONSIBILITIES UNDER THE FIRE 12 PREVENTION CODE, 1941 PA 207, MCL 29.1 TO 29.34, EXCEPT SECTIONS 13 6 AND 7 OF THE FIRE PREVENTION CODE, 1941 PA 207, MCL 29.6 AND 14 29.7; 1937 PA 306, MCL 388.851 TO 388.855A; THE FIRE FIGHTERS 15 TRAINING COUNCIL ACT OF 1966, 1966 PA 291, MCL 29.361 TO 29.377; 16 1942 (1ST EX SESS) PA 9, MCL 419.201 TO 419.205; PARTS 215 AND 17 217 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.21501 TO 18 333.21799E; AND SECTION 58 OF THE SOCIAL WELFARE ACT, 1939 19 PA 280, MCL 400.58. 20 (10) PURSUANT TO PARTS 215 AND 217 OF THE PUBLIC HEALTH 21 CODE, 1978 PA 368, MCL 333.21501 TO 333.21799E, THE DIRECTORS OF 22 THE DEPARTMENT, DEPARTMENT OF COMMUNITY HEALTH, AND DEPARTMENT OF 23 STATE POLICE, OR THEIR DESIGNEES, SHALL DEVELOP CONSISTENT CON- 24 STRUCTION STANDARDS FOR HOSPITALS AND NURSING HOMES. THESE STAN- 25 DARDS SHALL ENSURE THAT CONSISTENT, UNIFORM, AND EQUITABLE CON- 26 STRUCTION REQUIREMENTS AND STATE SUPERVISION OF THE REQUIREMENTS 27 ARE ACHIEVED AND THAT UNNECESSARY DUPLICATION IS AVOIDED. THE 00136'99 * 36 1 COMMISSION SHALL DELEGATE PLAN REVIEW AND APPROVAL OF HEALTH 2 FACILITY CONSTRUCTION PLANS TO THE DEPARTMENT OF COMMUNITY 3 HEALTH. THIS SUBSECTION DOES NOT PRECLUDE A STATE AGENCY OR A 4 GOVERNMENTAL SUBDIVISION FROM CONDUCTING PLAN REVIEWS OR INSPEC- 5 TIONS NECESSARY TO ENSURE COMPLIANCE WITH APPROVED CONSTRUCTION 6 PLANS. 7 (11) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, THIS ACT DOES 8 NOT LIMIT OR RESTRICT EXISTING POWERS OR AUTHORITY OF GOVERNMEN- 9 TAL SUBDIVISIONS, AND THIS ACT SHALL BE ENFORCED BY GOVERNMENTAL 10 SUBDIVISIONS IN THE MANNER PRESCRIBED BY LOCAL LAW OR ORDINANCE. 11 TO THE EXTENT NOT INCONSISTENT WITH THIS ACT, LOCAL LAWS AND 12 ORDINANCES RELATING TO ADMINISTRATION AND ENFORCEMENT OF CON- 13 STRUCTION REGULATIONS ENACTED BEFORE THE EFFECTIVE DATE OF THE 14 CODE BY OR FOR A GOVERNMENTAL SUBDIVISION ARE APPLICABLE TO 15 ADMINISTRATION AND ENFORCEMENT OF THE CODE IN THAT GOVERNMENTAL 16 SUBDIVISION. 17 SEC. 9B. (1) THE EXECUTIVE DIRECTOR, AS PRESCRIBED IN THIS 18 SECTION, MAY CONDUCT A PERFORMANCE EVALUATION OF AN ENFORCING 19 AGENCY TO ASSURE THAT THE ADMINISTRATION AND ENFORCEMENT OF THIS 20 ACT AND THE CODE IS BEING DONE PURSUANT TO EITHER SECTION 8A OR 21 8B. A PERFORMANCE EVALUATION MAY ONLY BE CONDUCTED EITHER AT THE 22 REQUEST OF THE LOCAL ENFORCING AGENCY OR UPON THE RECEIPT OF A 23 WRITTEN COMPLAINT. IF A PERFORMANCE EVALUATION IS TO BE CON- 24 DUCTED UPON THE RECEIPT OF A WRITTEN COMPLAINT, THE EXECUTIVE 25 DIRECTOR SHALL FIRST REFER THE WRITTEN COMPLAINT TO THE AFFECTED 26 ENFORCING AGENCY REQUESTING A WRITTEN RESPONSE WITHIN 10 DAYS. 27 IF THE LOCAL ENFORCING AGENCY FAILS TO PROVIDE A WRITTEN 00136'99 * 37 1 RESPONSE, OR IF THE RESPONSE IS CONSIDERED INADEQUATE, THE 2 EXECUTIVE DIRECTOR SHALL CONSULT WITH THE COMMISSION AND REQUEST 3 APPROVAL TO CONDUCT THE PERFORMANCE EVALUATION. THE EXECUTIVE 4 DIRECTOR SHALL SUBMIT A WRITTEN RECOMMENDATION TO THE COMMISSION 5 AND SHALL SEND A COPY TO THE AFFECTED ENFORCING AGENCY, ALONG 6 WITH A REASONABLE NOTICE OF THE COMMISSION MEETING AT WHICH THE 7 RECOMMENDATION WILL BE PRESENTED. THE DECISION OF THE COMMISSION 8 TO PROCEED WITH A PERFORMANCE EVALUATION SHALL BE MADE AT A 9 PUBLIC MEETING. THIS DECISION SHALL BE MAILED TO THE ENFORCING 10 AGENCY 10 DAYS IN ADVANCE OF CONDUCTING THE PERFORMANCE 11 EVALUATION. 12 (2) WHEN CONDUCTING A PERFORMANCE EVALUATION OF AN ENFORCING 13 AGENCY, THE EXECUTIVE DIRECTOR MAY REQUEST THAT THE LOCAL ENFORC- 14 ING AGENCY ACCOMPANY THE EXECUTIVE DIRECTOR OR OTHER STATE 15 INSPECTORS ON INSPECTIONS. THE INSPECTIONS SHALL BE FOR THE 16 ENFORCEMENT OF THIS ACT AND THE CODE. THE ENFORCING AGENCY SHALL 17 MAINTAIN ALL OFFICIAL RECORDS AND DOCUMENTS RELATING TO APPLICA- 18 TIONS FOR PERMITS, INSPECTION RECORDS INCLUDING CORRECTION 19 NOTICES, ORDERS TO STOP CONSTRUCTION, AND CERTIFICATES OF USE AND 20 OCCUPANCY. THE ENFORCING AGENCY SHALL MAKE AVAILABLE FOR REVIEW 21 ALL OFFICIAL RECORDS BETWEEN 8 A.M. AND 5 P.M. ON BUSINESS DAYS. 22 (3) UPON COMPLETION OF A PERFORMANCE EVALUATION, THE EXECU- 23 TIVE DIRECTOR SHALL REPORT THE FINDINGS AND ANY RECOMMENDATIONS 24 TO THE COMMISSION AND THE LOCAL ENFORCING AGENCY. THE COMMISSION 25 MAY ISSUE A NOTICE OF INTENT TO WITHDRAW THE RESPONSIBILITY FOR 26 THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT AND THE CODE FROM 27 A GOVERNMENTAL SUBDIVISION AFTER RECEIVING THE RESULTS OF A 00136'99 * 38 1 PERFORMANCE EVALUATION. THE NOTICE SHALL INCLUDE THE RIGHT TO 2 APPEAL WITHIN 30 BUSINESS DAYS AFTER RECEIPT OF THE NOTICE OF 3 INTENT TO WITHDRAW THE RESPONSIBILITY. THE NOTICE SHALL ALSO 4 INCLUDE THE FINDINGS OF THE EXECUTIVE DIRECTOR, AFTER COMPLETION 5 OF A PERFORMANCE EVALUATION, THAT THE ENFORCING AGENCY OF THAT 6 GOVERNMENTAL SUBDIVISION HAS FAILED TO FOLLOW THE DUTIES RECOG- 7 NIZED UNDER THIS ACT, THE CODE, OR ITS ORDINANCE. FAILURE BY THE 8 ENFORCING AGENCY OR THE CHIEF ELECTED OFFICIAL OF THAT GOVERNMEN- 9 TAL SUBDIVISION TO REQUEST A HEARING WITHIN 30 BUSINESS DAYS 10 AFTER RECEIPT OF THE NOTICE OF INTENT TO WITHDRAW THE RESPONSI- 11 BILITY SHALL BE CONSIDERED TO EXHAUST THE ENFORCING AGENCY'S 12 ADMINISTRATIVE REMEDIES AND THE NOTICE SHALL BE CONSIDERED A 13 FINAL ORDER OF THE COMMISSION UNDER THE ADMINISTRATIVE PROCEDURES 14 ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. THE EXECUTIVE 15 DIRECTOR SHALL ASSUME RESPONSIBILITY FOR THE ADMINISTRATION AND 16 ENFORCEMENT OF THIS ACT AND THE CODE, UNLESS THE COUNTY WITHIN 17 WHICH THAT GOVERNMENTAL SUBDIVISION IS LOCATED HAS SUBMITTED A 18 NOTICE OF INTENT TO CONTINUE TO ADMINISTER AND ENFORCE THIS ACT 19 AND THE CODE, WHEN THE NOTICE IS CONSIDERED A FINAL ORDER OF THE 20 COMMISSION. A STRUCTURE COMMENCED UNDER AN EFFECTIVE CODE SHALL 21 BE COMPLETED UNDER THAT CODE. 22 (4) IF AN ENFORCING AGENCY OR THE CHIEF ELECTED OFFICIAL OF 23 THE GOVERNMENTAL SUBDIVISION TRANSMITS AN APPEAL OF THE NOTICE OF 24 INTENT TO WITHDRAW THE RESPONSIBILITY ISSUED UNDER SUBSECTION 25 (3), THE COMMISSION CHAIRPERSON SHALL REQUEST THE OFFICE OF HEAR- 26 INGS TO APPOINT A HEARINGS OFFICER. THE HEARINGS OFFICER SHALL 27 CONDUCT A HEARING OF THE APPEAL PURSUANT TO THE ADMINISTRATIVE 00136'99 * 39 1 PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, AND 2 ISSUE A PROPOSED DECISION WHICH SHALL BE SENT TO THE AFFECTED 3 PARTIES. THE PROPOSED DECISION SHALL BECOME THE FINAL ORDER 4 ISSUED BY THE COMMISSION, UNLESS EXCEPTIONS ARE FILED BY A PARTY 5 WITHIN 30 DAYS AFTER RECEIPT OF THE PROPOSED DECISION. THE COM- 6 MISSION SHALL REVIEW THE PROPOSED DECISION WHEN EXCEPTIONS ARE 7 FILED. 8 (5) THE COMMISSION IN REVIEWING A PROPOSED DECISION MAY 9 AFFIRM, MODIFY, REVERSE, OR REMAND THE PROPOSED DECISION. WHEN 10 THE COMMISSION AFFIRMS, MODIFIES, REVERSES, OR REMANDS A PROPOSED 11 DECISION, THE DECISION OF THE COMMISSION SHALL BE IN WRITING AND 12 CONTAIN THE FINDINGS OF FACT AND CONCLUSIONS OF LAW UPON WHICH 13 ITS DECISION IS BASED. OTHER THAN IN A CASE OF REMAND, THE 14 PERIOD FOR SEEKING JUDICIAL REVIEW OF THE COMMISSION'S DECISION 15 UNDER SECTION 104 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 16 1969 PA 306, MCL 24.304, SHALL BEGIN TO RUN UPON RECEIPT BY THE 17 PARTIES OF THE COMMISSION'S WRITTEN DECISION. 18 Sec. 10. (1) Except as otherwise provided in the code, 19 before construction of a building or structure, the owner, or the 20 owner's builder, architect, engineer, or agent, shall submit an 21 application in writing to the appropriate enforcing agency for a 22 building permit. The application shall be on a form prescribed 23 by the commission and shall be accompanied by payment of the fee 24 established by the enforcing agency. The application shall con- 25 tain a detailed statement in writing, verified by affidavit of 26 the person making it, of the specifications for the building or 27 structure, and full and complete copies of the plans drawn to 00136'99 * 40 1 scale of the proposed work. A site plan showing the dimensions, 2 and the location of the proposed building or structure and other 3 buildings or structures on the same premises, shall be submitted 4 with the application. The application shall state in full the 5 name and residence, by street and number, of the owner in fee of 6 the premises on which the building or structure will be con- 7 structed, and the purposes for which it will be used. 8 (2) If construction is proposed to be undertaken by a person 9 other than the owner of the land in fee, the statement shall con- 10 tain the full name and residence, by street and number, of the 11 owner and also of the person proposing the construction. The 12 affidavit shall state that the specifications and plans are true 13 and complete and contain a correct description of the building or 14 structure, lot, and proposed work. The statements and affidavits 15 may be made by an owner, or the owner's attorney, agent, engi- 16 neer, architect, or builder, by the person who proposes to make 17 the construction or alteration, or by that person's agent, engi- 18 neer, architect, or builder. A person shall not be recognized as 19 the agent, attorney, engineer, architect, or builder of another 20 person unless the person files with the enforcing agency a writ- 21 ten instrument, which shall be an architectural, engineering or 22 construction contract, power of attorney, or letter of authoriza- 23 tion signed by that other person designating the person as the 24 agent, attorney, architect, engineer, or builder and, in case of 25 a residential builder or maintenance and alteration contractor, 26 architect, or engineer, setting forth the person's license number 27 and the expiration date of the license. 00136'99 * 41 1 (3) A person licensed or required to be licensed as a 2 residential builder or residential maintenance and alteration 3 contractor under the occupational code,Act No. 299 of the4Public Acts of 1980, being sections 339.101 to 339.2721 of the5Michigan Compiled Laws1980 PA 299, MCL 339.101 TO 339.2721, a 6 master or journeyman plumber pursuant toAct No. 266 of the7Public Acts of 1929, being sections 338.901 to 338.917 of the8Michigan Compiled Laws1929 PA 266, MCL 338.901 TO 338.917, an 9 electrical contractor or master or journeyman electrician pursu- 10 ant to the electrical administrative act,Act No. 217 of the11Public Acts of 1956, being sections 338.881 to 338.892 of the12Michigan Compiled Laws1956 PA 217, MCL 338.881 TO 338.892, or 13 pursuant to a local ordinance, or as a mechanical contractor pur- 14 suant to the forbes mechanical contractors act,Act No. 192 of15the Public Acts of 1984, being sections 338.971 to 338.988 of the16Michigan Compiled Laws1984 PA 192, MCL 338.971 TO 338.988, who 17 applies for a building permit to perform work on a residential 18 building or a residential structure shall, in addition to any 19 other information required pursuant to this act, provide on the 20 building permit application all of the following information: 21 (a) The occupational license number of the applicant and the 22 expiration date of the occupational license. 23 (b) One of the following: 24 (i) The name of each carrier providing worker's disability 25 compensation insurance to the applicant if the applicant is 26 required to be insured pursuant to the worker's disability 27 compensation act of 1969,Act No. 317 of the Public Acts of00136'99 * 42 11969, being sections 418.101 to 418.941 of the Michigan Compiled2Laws1969 PA 317, MCL 418.101 TO 418.941. 3 (ii) The reasons for exemption from the requirement to be 4 insuredpursuant to Act No. 317 of the Public Acts of 1969,if 5 the applicant is not required to be insuredpursuant to Act6No. 317 of the Public Acts of 1969UNDER THE WORKER'S DISABILITY 7 COMPENSATION ACT OF 1969, 1969 PA 317, MCL 418.101 TO 418.941. 8 (c) One of the following: 9 (i) The employer identification number, if the applicant is 10 required to have an employer identification number pursuant to 11 section 6109 of the internal revenue code. 12 (ii) The reasons for exemption from the requirement to have 13 an employer identification number pursuant to section 6109 of the 14 internal revenue code if the applicant is not required to have an 15 employer identification number pursuant to section 6109 of the 16 internal revenue code. 17 (d) One of the following: 18 (i) The Michigan employment security commission employer 19 number, if the applicant is required to make contributions pursu- 20 ant to the Michigan employment security act,Act No. 1 of the21Public Acts of the extra session of 1936, being sections 421.1 to22421.73 of the Michigan Compiled Laws1936 (EX SESS) PA 1, 23 MCL 421.1 TO 421.73. 24 (ii) If the applicant is not required to make contributions, 25 the reasons for exemptions from the requirement to make contribu- 26 tionspursuant to Act No. 1 of the Public Acts of the extra00136'99 * 43 1session of 1936UNDER THE MICHIGAN EMPLOYMENT SECURITY ACT, 1936 2 (EX SESS) PA 1, MCL 421.1 TO 421.73. 3 (4) The building permit application form shall contain the 4 following statement in 8-point boldfaced type immediately above 5 the location for the applicant's signature: 6 "Section 23a of the state construction code 7 act of 1972,Act No. 230 of the Public Acts of81972, being section 125.1523a of the Michigan9Compiled Laws1972 PA 230, MCL 125.1523A, pro- 10 hibits a person from conspiring to circumvent 11 the licensing requirements of this state relat- 12 ing to persons who are to perform work on a res- 13 idential building or a residential structure. 14 Violators of section 23a are subjected to civil 15 fines." 16 (5) The application for a building permit shall be filed 17 with the enforcing agency and the application and any other writ- 18 ing prepared, owned, used, in the possession of, or retained by 19 the enforcing agency in the performance of an official function 20 shall be made available to the public in compliance with the 21 freedom of information act,Act No. 442 of the Public Acts of221976, being sections 15.231 to 15.246 of the Michigan Compiled23Laws1976 PA 442, MCL 15.231 TO 15.246. An application shall 24 not be removed from the custody of the enforcing agency after a 25 building permit has been issued. 26 (6) This section shall be construed to allow the imposition 27 of requirements in the code, or in other laws or ordinances, for 00136'99 * 44 1 additional permits for particular kinds of work, including 2 plumbing and electrical, or in other specified situations. The 3 requirements of the code may provide for issuance of construction 4 permits for certain of the systems of a structure and allow con- 5 struction to commence on those systems approved under that permit 6 even though the design and approval of all the systems of the 7 structure have not been completed and subsequent construction 8 permits have not been issued. 9 (7) Notwithstanding this section, a building permit is not 10 required for ordinary repairs of a building and structure. 11 (8) NOTWITHSTANDING THIS SECTION, A BUILDING PERMIT IS NOT 12 REQUIRED FOR A BUILDING INCIDENTAL TO THE USE FOR AGRICULTURAL 13 PURPOSES OF THE LAND ON WHICH THE BUILDING IS LOCATED IF IT IS 14 NOT USED IN THE BUSINESS OF RETAIL TRADE. 15 SEC. 13D. (1) NOTWITHSTANDING ANY PROVISION IN THIS ACT, A 16 GOVERNMENTAL SUBDIVISION SHALL NOT ENFORCE A REQUIREMENT FOR 17 STAIRWELL GEOMETRY IN OCCUPANCIES IN USE GROUP R-3 STRUCTURES AND 18 WITHIN DWELLING UNITS IN OCCUPANCIES IN USE GROUP R-2 STRUCTURES 19 THAT DIFFERS FROM THE STAIRWELL GEOMETRY DESCRIBED IN THIS 20 SECTION. 21 (2) AS USED IN THIS SECTION: 22 (A) "STAIRWELL GEOMETRY" REFERS TO THE CONFIGURATION OF A 23 STAIRWELL OF A BUILDING IN WHICH THE MAXIMUM RISER HEIGHT IS 24 8-1/4 INCHES (210 MM), THE MINIMUM TREAD DEPTH IS 9 INCHES (229 25 MM), AND A 1-INCH (25 MM) NOSING ON STAIRWELLS WITH SOLID 26 RISERS. 00136'99 * 45 1 (B) "USE GROUP R-2 STRUCTURES" MEANS ALL MULTIPLE-FAMILY 2 DWELLINGS HAVING MORE THAN 2 DWELLING UNITS INCLUDING, BUT NOT 3 LIMITED TO, BOARDING HOUSES AND SIMILAR BUILDINGS ARRANGED FOR 4 SHELTER AND SLEEPING ACCOMMODATIONS IN WHICH THE OCCUPANTS ARE 5 PRIMARILY NOT TRANSIENT IN NATURE AND DORMITORY FACILITIES THAT 6 ACCOMMODATE MORE THAN 5 PERSONS OVER 2-1/2 YEARS OF AGE. 7 (C) "USE GROUP R-3 STRUCTURES" MEANS ALL BUILDINGS ARRANGED 8 FOR OCCUPANCY AS 1-FAMILY OR 2-FAMILY DWELLING UNITS INCLUDING, 9 BUT NOT LIMITED TO, NOT MORE THAN 5 LODGERS OR BOARDERS PER 10 FAMILY; MULTIPLE SINGLE-FAMILY DWELLINGS WHERE EACH UNIT HAS AN 11 INDEPENDENT MEANS OF EGRESS AND IS SEPARATED BY A 2-HOUR FIRE 12 SEPARATION ASSEMBLY; AND A CHILD CARE FACILITY THAT ACCOMMODATES 13 5 OR LESS CHILDREN OF ANY AGE. 14 Sec. 22. (1) The legislative body of a governmental subdi- 15 vision shall establish reasonable fees to be charged by the gov- 16 ernmental subdivision for acts and services performed by the 17 enforcing agency or construction board of appealspursuant to18 UNDER this act, which fees shall be intended to bear a reasonable 19 relation to the cost, including overhead, to the governmental 20 subdivision of the acts and services, including, without limita- 21 tion, those services and acts as, in case of an enforcing agency, 22 issuance of building permits, examination of plans and specifica- 23 tions, inspection of construction undertaken pursuant to a build- 24 ing permit, and the issuance of certificates of use and occupan- 25 cy, and, in case of a board of appeals, hearing appeals in 26 accordance with this act. The enforcing agency shall collect the 27 fees established under this subsection. 00136'99 * 46 1 (2) To accomplish the objectives of this section and this 2 act, a state construction code fund is created. The director, 3of labor,after approval by the commission and following a 4 public hearing held by the commission, shall establish reasonable 5 fees to be charged by the commission for acts and services per- 6 formed by the commission including, without limitation, inspec- 7 tion of plans and specifications, issuance of certificates of 8 acceptability, testing and evaluation of new products, methods 9 and processes of construction or alteration, issuance of building 10 permits, inspection of construction undertaken pursuant to a 11 building permit, the issuance of certificates of use and occupan- 12 cy, and hearing of appeals. Fees established by the department 13 shall be intended to bear a reasonable relation to the cost, 14 including overhead, of the service or act. Until the director of 15 labor establishes fees pursuant to this act, the fees established 16 pursuant to this subsection shall remain in effect. The state 17 treasurer shall be the custodian of the fund and may invest the 18 surplus of the fund in investments as in the state treasurer's 19 judgment are in the best interest of the fund. Earnings from 20 those investments shall be credited to the fund. The state trea- 21 surer shall notify the director and the legislature of interest 22 credited and the balance of the fund as of September 30 of each 23 year. The director shall supervise and administer the fund. 24 Fees received by the department and money collected under this 25 act shall be deposited in the state construction code fund and 26 shall be appropriated by the legislature for the operation of the 27 bureau of construction codes, and indirect overhead expenses in 00136'99 * 47 1 the department. However, this restricted fund shall not be 2 appropriated for the bureau of construction code's performance 3 evaluation program and complaint investigation program. The per- 4 formance evaluation program and complaint investigations mandated 5 in this act shall be funded by appropriations from the general 6 fund. FundswhichTHAT are unexpended at the end of each 7 fiscal year shall be returned to the state construction code 8 fund. A self-supporting fund shall be established within the 9 commission to provide for the purchase and sale of codes and 10 standards to the general public. 11 Enacting section 1. The title and sections 2a, 3a, 8a, 8b, 12 and 9b of the state construction code act of 1972, 1972 PA 230, 13 the title as amended and sections 2a, 3a, 8a, 8b, and 9b as added 14 by this amendatory act, are effective upon enactment but apply 15 only to 1 or more of the following codes after the date that the 16 rules promulgated under this act are filed with the secretary of 17 state for the particular code update after January 31, 2000: 18 (a) The plumbing code, R 408.30701 to 408.30796 of the 19 Michigan administrative code. 20 (b) The electrical code, R 408.30801 to 408.30873 of the 21 Michigan administrative code. 22 (c) The mechanical code, R 408.30901 to 408.30998 of the 23 Michigan administrative code. 24 (d) The building code, R 408.30401 to 408.30499 of the 25 Michigan administrative code. 26 Enacting section 2. The title and sections 2, 3, 8, 9, and 27 9a of the state construction code act of 1972, 1972 PA 230, 00136'99 * 48 1 MCL 125.1502, 125.1503, 125.1508, 125.1509, and 125.1509a, the 2 title and sections 2 and 8 as amended by this amendatory act, 3 apply to 1 or more of the following codes until the rules for the 4 code update promulgated after January 31, 2000 for the specific 5 code become effective, at which time each section does not apply 6 to the particular code. Sections 2, 3, 8, 9, and 9a of the state 7 construction code act of 1972, 1972 PA 230, MCL 125.1502, 8 125.1503, 125.1508, 125.1509, and 125.1509a, are repealed effec- 9 tive upon the filing with the secretary of state of the last of 10 the rules updating the following codes promulgated after January 11 31, 2000: 12 (a) The plumbing code, R 408.30701 to 408.30796 of the 13 Michigan administrative code. 14 (b) The electrical code, R 408.30801 to 408.30873 of the 15 Michigan administrative code. 16 (c) The mechanical code, R 408.30901 to 408.30998 of the 17 Michigan administrative code. 18 (d) The building code, R 408.30401 to 408.30499 of the 19 Michigan administrative code. 00136'99 * Final page. LBO