HOUSE BILL No. 6524


     November 13, 2002, Introduced by Rep. Hart 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:

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             Sec. 3c.  (1) The board shall promulgate rules pertaining to

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        fire safety requirements for the construction, operation, or

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        maintenance of all of the following:

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             (a) Schools and dormitories, including state supported

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        schools, colleges, and universities and school, college, and uni-

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        versity dormitories.  THE RULES SHALL REQUIRE INSTALLATION OF AN

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        AUTOMATIC SPRINKLER SYSTEM, AND THAT ALL PATHS OF EGRESS ARE CON-

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        STRUCTED OF NONCOMBUSTIBLE MATERIALS, IN EACH DORMITORY CON-

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        STRUCTED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT

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        ADDED THIS SENTENCE.




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             (b) Buildings for which the state is the lessee or which are

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        owned by the state.

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             (c) A health facility or agency as defined in section 20106

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        of the public health code,  Act No. 368 of the Public Acts of

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        1978, being section 333.20106 of the Michigan Compiled Laws  1978

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        PA 368, MCL 333.20106.

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             (d) Places of public assemblage.

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             (e) Penal facilities as described in section 62 of  Act

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        No. 232 of the Public Acts of 1953, being section 791.262 of the

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        Michigan Compiled Laws  1953 PA 232, MCL 791.262.

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             (f) Dry cleaning establishments using flammable liquids.

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             (g)  Mental facilities as  PSYCHIATRIC FACILITIES described

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        in section 135 of the mental health code,  Act No. 258 of the

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        Public Acts of 1974, being section 330.1135 of the Michigan

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        Compiled Laws  1974 PA 258, MCL 330.1135.

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             (H) CLASS A MULTIPLE DWELLINGS DESCRIBED IN SECTION 2 OF THE

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        HOUSING LAW OF MICHIGAN, 1917 PA 167, MCL 125.402.  THE RULES

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        SHALL REQUIRE INSTALLATION OF AN AUTOMATIC SPRINKLER SYSTEM, AND

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        THAT ALL PATHS OF EGRESS ARE CONSTRUCTED OF NONCOMBUSTIBLE MATE-

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        RIALS, IN EACH MULTIPLE DWELLING THAT IS CONSTRUCTED AFTER THE

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        EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.

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             (2) The board shall promulgate rules for the storage, trans-

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        portation, and handling of liquefied petroleum gas,  and  for the

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        storage, noncommercial transportation, and handling of other haz-

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        ardous materials and for the implementation of this act.

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             (3) Rules promulgated pursuant to this act shall be

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        consistent with recognized good practice as evidenced by



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        standards adopted by nationally recognized authorities in the

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        field of fire protection.  Experiences identified in the

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        department's fire incidents reports may be considered by the

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        board as a qualified basis for review of rules promulgated and

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        promulgation of rules  pursuant to  UNDER this act.

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             (4) The state fire safety board, pursuant to the administra-

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        tive procedures act of 1969,  Act No. 306 of the Public Acts of

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        1969, being sections 24.201 to 24.328 of the Michigan Compiled

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        Laws  1969 PA 306, MCL 24.201 TO 24.328, shall submit the initial

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        rules to the joint committee on administrative rules not later

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        than October 28, 1982 for the certification of a firm  which

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        THAT does any of the following:

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             (a) Installs, modifies, or documents the installation or

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        modification of a required fire suppression system.

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             (b) Documents the installation or modification of a required

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        fire alarm system.

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             (c) Performs testing, servicing, inspections, or maintenance

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         which  THAT has not been exempted by the rules promulgated by

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        the board on required fire alarm systems or required fire sup-

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        pression systems.

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             (d) Submits a drawing, print, or sketch of a required fire

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        alarm system or required fire suppression system to the state

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        fire marshal for approval pursuant to section 29, except an

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        architect or professional engineer licensed under article 20 of

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        the occupational code,  Act No. 299 of the Public Acts of 1980,

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        being sections 339.2001 to 339.2014 of the Michigan Compiled

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        Laws  1980 PA 299, MCL 339.2001 TO 339.2014.



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             (5) The state fire marshal  shall not be  IS NOT required to

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        consider fire safety rules other than those provided for in this

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        act and in  Act No. 306 of the Public Acts of 1937, being sec-

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        tions 388.851 to 388.855a of the Michigan Compiled Laws  1937

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        PA 306, MCL 388.851 TO 388.855A.

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             (6) A person may request a variation of the application of a

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        rule promulgated pursuant to this act by applying to the state

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        fire marshal.  The state fire marshal may make a variation upon a

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        finding that the variation does not result in a hazard to life or

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        property.  The finding shall be transmitted to the person

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        requesting the variation and shall be entered into the records of

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        the department.  If the variation requested concerns a building,

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        the finding shall also be transmitted to the governing body of

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        the city, village, or township in which the building is located.

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             (7) The entire board, except as provided in section 3b(4),

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        shall act as a hearing body in accordance with  Act No. 306 of

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        the Public Acts of 1969  THE ADMINISTRATIVE PROCEDURES ACT OF

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        1969, 1969 PA 306, MCL 24.201 TO 24.328, to review and render

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        decisions on a contested case, a rule specified in this act, or a

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        ruling of the state fire marshal in the marshal's interpretation

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        or application of the rules.  After a hearing, the board may vary

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        the application of a rule or may modify the ruling or interpreta-

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        tion of the state fire marshal if the enforcement of the ruling

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        or interpretation would do manifest injustice and would be con-

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        trary to the spirit and purpose of the rules or the public

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        interest.





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             (8) A decision of the board to vary the application of a

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        rule, or to modify or change a ruling of the state fire marshal,

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        shall specify in what manner the variation, modification, or

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        change is made, the conditions upon which it is made, and the

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        reasons for the variation, modification, or change.

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             (9) If a local school board has passed a resolution calling

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        for an election on the question of the issuance of bonds for the

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        construction, remodeling, or addition to a school, which election

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        was held not later than September 28, 1989, which approved issu-

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        ance of the bonds and which construction was reasonably antici-

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        pated to have begun not later than June 30, 1990, then the con-

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        struction, remodeling, or addition to that school is exempt from

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        the rules promulgated by the fire safety board entitled "schools,

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        colleges, and universities",  being  FORMER R 29.301 to R 29.321

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        of the Michigan administrative code, that were filed with the

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        Secretary of State on July 14, 1989 and became effective on

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        July 29, 1989.  The construction, remodeling, or addition to that

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        school is, however, subject to the standards contained in rules

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        promulgated by the fire safety board entitled "school fire

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        safety",  being the  former R 29.1 to R 29.298 of the Michigan

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        administrative code.  This subsection does not prevent the con-

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        struction, remodeling, or addition of a school from complying

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        with FORMER R 29.301 to R 29.321 of the Michigan administrative

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        code.









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