May 16, 2007, Introduced by Reps. Huizenga, Meisner, Vagnozzi, Coulouris, Johnson, Gonzales, Polidori, Cushingberry, Robert Jones, Valentine, Meadows, Gillard, Leland, Spade, Meekhof, Nitz, Marleau, Meltzer, Emmons, Stahl, Steil, Pearce, Stakoe and Rick Jones and referred to the Committee on Commerce.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending section 2a (MCL 125.1502a), as added by 1999 PA 245,
and by adding section 10a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) As used in this act:
(a) "Agricultural or agricultural purposes" means of, or
pertaining to, or connected with, or engaged in agriculture or
tillage which is characterized by the act or business of
cultivating or using land and soil for the production of crops for
the use of animals or humans, and includes, but is not limited to,
purposes related to agriculture, farming, dairying, pasturage,
horticulture, floriculture, viticulture, and animal and poultry
husbandry.
(b) "Application for a building permit" means an application
for a building permit submitted to an enforcing agency pursuant to
this act and plans, specifications, surveys, statements, and other
material submitted to the enforcing agency together or in
connection with the application.
(c) "Barrier free design" means design complying with legal
requirements for architectural designs which eliminate the type of
barriers and hindrances that deter persons with disabilities from
having access to and free mobility in and around a building or
structure.
(d) "Board of appeals" means the construction board of appeals
of a governmental subdivision provided for in section 14.
(e) "Boards" means the state plumbing board created in section
13 of the state plumbing act, 2002 PA 733, MCL 338.3523, board of
mechanical rules created in section 3 of the Forbes mechanical
contractors
act, 1984 PA 192, MCL 338.973, and electrical
administrative
boards board created in
section 2 of the electrical
administrative act, 1956 PA 217, MCL 338.882, and the barrier free
design board created in section 5 of 1966 PA 1, MCL 125.1355.
(f) "Building" means a combination of materials, whether
portable or fixed, forming a structure affording a facility or
shelter for use or occupancy by persons, animals, or property.
Building does not include a building, whether temporary or
permanent, incidental to the use for agricultural purposes of the
land on which the building is located if it is not used in the
business
of retail trade. Building includes the meaning "or a part
or
parts of the building and all equipment in the building "
unless
the context clearly requires a different meaning.
(g)
"Building envelope" means the elements of a building which
that enclose conditioned spaces through which thermal energy may be
transferred to or from the exterior.
(h) "Business day" means a day of the year, exclusive of a
Saturday, Sunday, or legal holiday.
(i) "Chief elected official" means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(j) "Code" means the state construction code provided for in
section 4 or a part of that code of limited application and
includes a modification of or amendment to the code.
(k) "Commission" means the state construction code commission
created
by section 3 3a.
(l) "Construction" means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(m) "Construction regulation" means a law, act, rule,
regulation, or code, general or special, or compilation thereof,
enacted or adopted before or after January 1, 1973, by this state
including a department, board, bureau, commission, or other agency
thereof, relating to the design, construction, or use of buildings
and structures and the installation of equipment in the building or
structure. Construction regulation does not include a zoning
ordinance or rule issued pursuant to a zoning ordinance and related
to zoning.
(n) "Cost-effective", in reference to section 4(3)(f) and (g),
means, using the existing energy efficiency standards and
requirements as the base of comparison, the economic benefits of
the proposed energy efficiency standards and requirements will
exceed the economic costs of the requirements of the proposed rules
based upon an incremental multiyear analysis. All of the following
provisions apply:
(i) The analysis shall take into consideration the perspective
of a typical first-time home buyer.
(ii) The analysis shall consider benefits and costs over a 7-
year time period.
(iii) The analysis shall not assume fuel price increases in
excess of the assumed general rate of inflation.
(iv) The analysis shall assure that the buyer of a home who
qualifies to purchase the home before the addition of the energy
efficient standards would still qualify to purchase the same home
after the additional cost of the energy-saving construction
features.
(v) The analysis shall assure that the costs of principal,
interest, taxes, insurance, and utilities will not be greater after
the inclusion of the proposed cost of the additional energy-saving
construction features required by the proposed energy efficiency
rules as opposed to the provisions of the existing energy
efficiency rules.
(o)
"Department" means the department of consumer and industry
services
labor and economic growth.
(p) "Director" means the director of the department or an
authorized representative of the director.
(q) "Energy conservation" means the efficient use of energy by
providing building envelopes with high thermal resistance and low
air leakage, and the selection of energy efficient mechanical,
electrical service, and illumination systems, equipment, devices,
or apparatus.
(r) "Enforcing agency" means the enforcing agency, in
accordance with section 8a or 8b, which is responsible for
administration and enforcement of the code within a governmental
subdivision, except for the purposes of section 19 enforcing agency
means the agency in a governmental unit principally responsible for
the administration and enforcement of applicable construction
regulations.
(s) "Equipment" means plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(t) "Governmental subdivision" means a county, city, village,
or
township which in accordance with section 8 8a has
assumed
responsibility for administration and enforcement of this act and
the code within its jurisdiction.
(u) "Mobile home" means a vehicular, portable structure built
on a chassis pursuant to the national manufactured housing
construction and safety standards act of 1974, title VI of the
housing and community development act of 1974, Public Law 93-383,
42
U.S.C. USC 5401 to 5426, and designed to be used without a
permanent foundation as a dwelling when connected to required
utilities
and which that is, or is intended to be, attached to the
ground, to another structure, or to a utility system on the same
premises for more than 30 consecutive days.
(v) "Other laws and ordinances" means other laws and
ordinances whether enacted by this state or by a county, city,
village, or township and the rules issued under those laws and
ordinances.
(w) "Owner" means the owner of the freehold of the premises or
lesser estate in the premises, a mortgagee or vendee in possession,
an assignee of rents, receiver, executor, trustee, lessee, or any
other person, sole proprietorship, partnership, association, or
corporation directly or indirectly in control of a building,
structure, or real property or his or her duly authorized agent.
(x) "Person with disabilities" means an individual whose
physical characteristics have a particular relationship to that
individual's ability to be self-reliant in the individual's
movement throughout and use of the building environment.
(y) "Premanufactured unit" means an assembly of materials or
products intended to comprise all or part of a building or
structure,
and which that is assembled at other than the final
location of the unit of the building or structures by a repetitive
process under circumstances intended to insure uniformity of
quality and material content. Premanufactured unit includes a
mobile home.
(z) "Registered design professional" means an individual
licensed under article 20 or 28 of the occupational code, 1980 PA
299, MCL 339.2001 to 339.2014 and 339.2801 to 339.2819.
(aa) (z)
"Structure" means that which is built or constructed,
an edifice or building of any kind, or a piece of work artificially
built up or composed of parts joined together in some definite
manner. Structure does not include a structure incident to the use
for agricultural purposes of the land on which the structure is
located and does not include works of heavy civil construction
including, but not limited to, a highway, bridge, dam, reservoir,
lock, mine, harbor, dockside port facility, an airport landing
facility and facilities for the generation or transmission, or
distribution
of electricity. Structure includes the meaning "or a
part
or parts of the structure and all equipment in the structure "
unless the context clearly requires a different meaning.
(2) Unless the context clearly indicates otherwise, a
reference to this act, or to this act and the code, means this act
and rules promulgated pursuant to this act including the code.
Sec. 10a. (1) When required by codes adopted under this act,
the construction documents for new construction, alteration,
repair, expansion, addition, or modification for buildings or
structures shall be prepared by or under the supervision of a
registered design professional licensed under article 20 of the
occupational code, 1980 PA 299, MCL 339.2001 to 339.2014. The
construction documents shall include the name and address of the
architect or professional engineer and shall bear that person's
original signature, seal, or stamp and the date.
(2) Interior design documents may be prepared by an interior
designer. When an interior designer signs documents, those
documents shall bear that person's seal. This subsection authorizes
the issuance of a permit to a qualified interior designer for only
those activities as described in the interior design documents.
(3) As used in this section:
(a) "Interior designer" means that term as defined in section
2801 of the occupational code, 1980 PA 299, MCL 339.2801.
(b) "Interior design documents" means documents reflecting
interior design services.
(c) "Interior design services" means that term as defined in
section 2801 of the occupational code, 1980 PA 299, MCL 339.2801.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4772(request no.
00416'07 **) of the 94th Legislature is enacted into law.