March 21, 2012, Introduced by Rep. Foster and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2404b. (1) Beginning the effective date of the amendatory
act
that added this section, applicants for initial licensure
either
June 1, 2008, the department
shall not issue a license to an
individual applying for an initial individual license as a
residential builder or as a residential maintenance and alteration
contractor
shall successfully complete a prelicensure course of
study
as prescribed by this subsection. Licensees holding unless he
or she has successfully met the prelicensure course of study
requirements of this subsection or is exempt from those
requirements under this subsection. All of the following apply to
the prelicensure course of study required under this subsection:
(a) If a residential builder or a residential maintenance and
alteration
contractor who held an individual
license on the
effective
date of the amendatory act that added this section that
are
June 1, 2008 is renewing a that license, in
the capacity of an
individual
or qualifying officer, or both, are he or she is exempt
from the requirement of successfully completing prelicensure
courses described in this subsection.
(b) If an individual is applying for a license as a
residential builder or residential maintenance and alteration
contractor, and he or she held a license as a residential builder
or residential maintenance and alteration contractor at any time
within the 9-year period preceding his or her application, that
individual is exempt from the requirement of successfully
completing prelicensure courses described in this subsection.
(c) The department shall require an applicant not
exempted
under
this subsection to not issue
an initial license to an
individual
unless he or she successfully complete
completes 60
hours
of approved prelicensure courses consisting of or he or she
is exempt from those requirements under this subsection.
(d) The 60 hours of prelicensure courses described in
subdivision (c) shall include at least 6 hours of courses in each
of the following areas of competency:
(i) (a)
Business management, estimating,
and job costing.
(ii) (b)
Design and building science.
(iii) (c)
Contracts, liability, and risk
management.
(iv) (d)
Marketing and sales.
(v) (e)
Project management and scheduling.
(vi) (f)
The current Michigan
residential code.
(vii) (g)
Construction safety standards
promulgated under the
Michigan occupational safety and health act, 1974 PA 154, MCL
408.1001 to 408.1094.
(2)
Beginning the calendar year after the effective date of
the
amendatory act that added this section, a person obtaining in
the 2009 calendar year, an individual who obtains an initial
licensure
license under this article as a residential builder or a
residential
maintenance and alteration contractor shall must
successfully
complete not less than at
least 3 hours of activities
demonstrating
continuing competency per in
each calendar year,
during
the first 6 calendar years of licensure, and 21 hours per
for each 3-year time period since the issuance of his or her
license. At least 3 hours shall be devoted to those activities
designed
to develop a an individual
licensee's understanding and
ability to apply state building codes and laws relating to the
licensed occupation, safety, and changes in construction and
business
management laws. A If an
individual licensee who has held
a
license for more than 6 years or who has not been determined by
and
the department has not determined in a final order to have that
he or she has violated this act or a rule adopted under this act,
shall
he or she must successfully complete at least 3 hours of
activities
demonstrating continuing competency per in each license
cycle
to include that includes
at least 1 hour of codes, 1 hour of
safety, and 1 hour of legal issues as described in this subsection.
(3)
In the case of a licensee who has been determined by If
the
department determines in a final order to have that an
individual licensee has violated this act or a rule adopted under
this
act, he or she shall must successfully complete, during the
next
complete license cycle, up to not
more than 21 hours of
activities that demonstrate the development of continuing
competency during that next license cycle as determined appropriate
by
order of the department. , at At
least 3 hours of that
continuing
competency to must include 1 hour of codes, 1 hour of
safety, and 1 hour of legal issues as described in subsection (2).
(4) As activities that demonstrate the development of
continuing competency, the education courses described in section
3, pages 3-6 through 3-58 of the January 2005 edition of the
publication "NAHB University of Housing, Blueprint for Success",
published by the national association of home builders, and taught
by instructors meeting the requirements of section 4, pages 4-5
through 4-9 of the January 2005 edition of "NAHB University of
Housing, Blueprint for Success", are considered approved, are
considered appropriate for fulfilling the prelicensure and
continuing competency requirements of subsections (1), (2), and
(3),
and are incorporated by reference. A An individual licensee
may take any courses equivalent to those courses incorporated by
reference by this subsection. Updates to the courses described in
this subsection or equivalent courses are acceptable unless the
department determines that the courses do not provide a means of
developing and maintaining continuing competency for those
applicants or licensees who successfully fulfill the course
requirements. Any construction code update courses approved by the
bureau
of construction codes, as well as and any fire safety or
workplace safety courses approved or sponsored by the department,
are also considered appropriate for fulfilling the continuing
competency requirements of this subsection. The department may, by
rule, amend, supplement, update, substitute, or determine
equivalency regarding any courses or alternate activities for
developing continuing competency described in this subsection.
(5) The department may waive the requirement of membership in
a local, state, or national trade association contained in the
instructor standards of section 4, pages 4-5 through 4-9 of the
January 2005 edition of the publication "NAHB University of
Housing, Blueprint for Success", published by the national
association of home builders, and incorporated by reference. By
rule, the department may amend, supplement, update, substitute, or
determine equivalency regarding the standards in this subsection
and shall establish instructor qualifications for courses not
incorporated by reference in subsection (4).
(6) The subject matter of the prelicensure and continuing
competency activities may be offered by a high school, an
intermediate school district, a community college, a university,
the bureau of construction codes, the Michigan occupational safety
and health administration, a trade association, or a proprietary
school licensed by the department as meeting the subject matter
qualifications described in subsection (4) and the instructional
qualifications described in subsection (5).
(7) The department shall promulgate rules to provide for the
following:
(a) Requirements other than those listed in subsection (4) for
determining that a course meets the minimum criteria for developing
and maintaining continuing competency.
(b) Requirements for acceptable courses offered at seminars
and conventions by trade associations, research institutes, risk
management entities, manufacturers, suppliers, governmental
agencies other than those named in subsection (4), consulting
agencies, or other entities.
(c) Acceptable distance learning.
(d) Alternate forms of continuing competency, including
comprehensive testing, participation in mentoring programs,
research, participation in code hearings conducted by the
international code council, and publication of articles in a trade
journal or regional magazine as an expert in the field. The
alternate
forms shall be designed to maintain and improve the an
individual licensee's ability to perform the occupation with
competence and shall prescribe proofs that are necessary to
demonstrate
that the licensee he or
she has fulfilled the
requirements of continuing competency.
(8)
Each An individual licensee may select approved courses in
his
or her subject matter area or specialty. Service An
individual's service as a lecturer or discussion leader in an
approved
course shall be counted toward the count toward his or her
continuing
competency requirements of obligations
under this
section.
Alternate An individual
may earn and document any
alternative
forms of continuing competency may
be earned and
documented
as promulgated in rules by the
department.
(9) The department may audit a predetermined percentage of
licensees who renew in a year for compliance with the requirements
of this section. Failure to comply with the audit or the
requirements shall result in the investigation of a complaint
initiated by the department, and the licensee is subject to the
penalties prescribed in this act.
(10)
A licensee as a residential builder or residential
alteration
and maintenance contractor may apply for inactive status
by
completing an application, made available by the department, in
which
he or she declares that he or she is no longer actively
engaged
in the practice authorized by his or her license and
temporarily
intends to suspend activity authorized by his or her
license.
Upon submission of a completed application, the department
shall
designate the licensee as inactive and note that status on
records
available to the public. A licensee designated as inactive
must
have a current copy of the Michigan residential code and is
exempt
from the continuing competency requirements imposed under
this
section, but must still pay the per-year license fee. An
inactive
licensee may activate his or her license by submitting an
application
to the department requesting activation of the license.
Upon
activation of a license, the licensee must complete at least 1
credit
hour of continuing competency for that calendar year.