HOUSE BILL No. 4504 March 20, 2001, Introduced by Reps. Woodward, Wojno, Schermesser, Jacobs, Bogardus, Waters, Garza, Quarles, Dennis and Lemmons and referred to the Committee on Regulatory Reform. A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 3c (MCL 29.3c), as amended by 1996 PA 152. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3c. (1) The board shall promulgate rules pertaining to 2 fire safety requirements for the construction, operation, or 3 maintenance of all of the following: 4 (a) Schools and dormitories, including state supported 5 schools, colleges, and universities and school, college, and uni- 6 versity dormitories. THE RULES SHALL REQUIRE INSTALLATION OF AN 7 AUTOMATIC SPRINKLER SYSTEM IN EACH DORMITORY. 8 (b) Buildings for which the state is the lessee or which are 9 owned by the state. 10 (c) A health facility or agency as defined in section 20106 11 of the public health code,Act No. 368 of the Public Acts of03545'01 DAM 2 11978, being section 333.20106 of the Michigan Compiled Laws1978 2 PA 368, MCL 333.20106. 3 (d) Places of public assemblage. 4 (e) Penal facilities as described in section 62 ofAct5No. 232 of the Public Acts of 1953, being section 791.262 of the6Michigan Compiled Laws1953 PA 232, MCL 791.262. 7 (f) Dry cleaning establishments using flammable liquids. 8 (g)Mental facilities asPSYCHIATRIC FACILITIES described 9 in section 135 of the mental health code,Act No. 258 of the10Public Acts of 1974, being section 330.1135 of the Michigan11Compiled Laws1974 PA 258, MCL 330.1135. 12 (2) The board shall promulgate rules for the storage, trans- 13 portation, and handling of liquefied petroleum gas,andfor the 14 storage, noncommercial transportation, and handling of other haz- 15 ardous materials, and for the implementation of this act. 16 (3) Rules promulgated pursuant to this act shall be consis- 17 tent with recognized good practice as evidenced by standards 18 adopted by nationally recognized authorities in the field of fire 19 protection. Experiences identified in the department's fire 20 incidents reports may be considered by the board as a qualified 21 basis for review of rules promulgated and promulgation of rules 22pursuant toUNDER this act. 23 (4) The state fire safety board, pursuant to the administra- 24 tive procedures act of 1969,Act No. 306 of the Public Acts of251969, being sections 24.201 to 24.328 of the Michigan Compiled26Laws1969 PA 306, MCL 24.201 TO 24.328, shall submit the initial 27 rules to the joint committee on administrative rules not later 03545'01 3 1 than October 28, 1982 for the certification of a firmwhich2 THAT does any of the following: 3 (a) Installs, modifies, or documents the installation or 4 modification of a required fire suppression system. 5 (b) Documents the installation or modification of a required 6 fire alarm system. 7 (c) Performs testing, servicing, inspections, or maintenance 8whichTHAT has not been exempted by the rules promulgated by 9 the board on required fire alarm systems or required fire sup- 10 pression systems. 11 (d) Submits a drawing, print, or sketch of a required fire 12 alarm system or required fire suppression system to the state 13 fire marshal for approval pursuant to section 29, except an 14 architect or professional engineer licensed under article 20 of 15 the occupational code,Act No. 299 of the Public Acts of 1980,16being sections 339.2001 to 339.2014 of the Michigan Compiled17Laws1980 PA 299, MCL 339.2001 TO 339.2014. 18 (5) The state fire marshalshall not beIS NOT required to 19 consider fire safety rules other than those provided for in this 20 act and inAct No. 306 of the Public Acts of 1937, being sec-21tions 388.851 to 388.855a of the Michigan Compiled Laws1937 PA 22 306, MCL 388.851 TO 388.855A. 23 (6) A person may request a variation of the application of a 24 rule promulgated pursuant to this act by applying to the state 25 fire marshal. The state fire marshal may make a variation upon a 26 finding that the variation does not result in a hazard to life or 27 property. The finding shall be transmitted to the person 03545'01 4 1 requesting the variation and shall be entered into the records of 2 the department. If the variation requested concerns a building, 3 the finding shall also be transmitted to the governing body of 4 the city, village, or township in which the building is located. 5 (7) The entire board, except as provided in section 3b(4), 6 shall act as a hearing body in accordance withAct No. 306 of7the Public Acts of 1969THE ADMINISTRATIVE PROCEDURES ACT OF 8 1969, 1969 PA 306, MCL 24.201 TO 24.328, to review and render 9 decisions on a contested case, a rule specified in this act, or a 10 ruling of the state fire marshal in the marshal's interpretation 11 or application of the rules. After a hearing, the board may vary 12 the application of a rule or may modify the ruling or interpreta- 13 tion of the state fire marshal if the enforcement of the ruling 14 or interpretation would do manifest injustice and would be con- 15 trary to the spirit and purpose of the rules or the public 16 interest. 17 (8) A decision of the board to vary the application of a 18 rule, or to modify or change a ruling of the state fire marshal, 19 shall specify in what manner the variation, modification, or 20 change is made, the conditions upon which it is made, and the 21 reasons for the variation, modification, or change. 22 (9) If a local school board has passed a resolution calling 23 for an election on the question of the issuance of bonds for the 24 construction, remodeling, or addition to a school, which election 25 was held not later than September 28, 1989, which approved issu- 26 ance of the bonds and which construction was reasonably 27 anticipated to have begun not later than June 30, 1990, then the 03545'01 5 1 construction, remodeling, or addition to that school is exempt 2 from the rules promulgated by the fire safety board entitled 3 "schools, colleges, and universities",beingFORMER R 29.301 to 4 R 29.321 of the Michigan administrative code, that were filed 5 with the Secretary of State on July 14, 1989 and became effective 6 on July 29, 1989. The construction, remodeling, or addition to 7 that school is, however, subject to the standards contained in 8 rules promulgated by the fire safety board entitled "school fire 9 safety",being theformer R 29.1 to R 29.298 of the Michigan 10 administrative code. This subsection does not prevent the con- 11 struction, remodeling, or addition of a school from complying 12 with FORMER R 29.301 to R 29.321 of the Michigan administrative 13 code. 03545'01 Final page. DAM