HOUSE BILL No. 4892

 

September 7, 2011, Introduced by Rep. Kurtz and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1972 PA 230, entitled

 

"Stille-DeRossett-Hale single state construction code act,"

 

by amending sections 10, 12, and 13 (MCL 125.1510, 125.1512, and

 

125.1513), section 10 as amended by 1999 PA 245.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) Except as otherwise provided in the code or in

 

this act, before construction of a building or structure, the

 

owner, or the owner's builder, architect, engineer, or agent, shall

 

submit an application in writing to the appropriate enforcing

 

agency for a building permit. The application shall be on a form

 

prescribed by the commission and shall be accompanied by payment of

 

the fee established by the enforcing agency. The application shall

 

contain a detailed statement in writing, verified by affidavit of


 

the person making it, of the specifications for the building or

 

structure, and full and complete copies of the plans drawn to scale

 

of the proposed work. A site plan showing the dimensions, and the

 

location of the proposed building or structure and other buildings

 

or structures on the same premises, shall be submitted with the

 

application. The application shall state in full the name and

 

residence, by street and number, of the owner in fee of the

 

premises on which the building or structure will be constructed,

 

and the purposes for which it will be used.

 

     (2) If construction is proposed to be undertaken by a person

 

other than the owner of the land in fee, the statement under

 

subsection (1) shall also contain the full name and residence, by

 

street and number, of the owner and also of the person proposing

 

the construction. The affidavit under subsection (1) shall state

 

that the specifications and plans are true and complete and contain

 

a correct description of the building or structure, lot, and

 

proposed work. The statements and affidavits may be made by an

 

owner , or the owner's attorney, agent, engineer, architect, or

 

builder, or by the person who proposes to make the construction or

 

alteration , or by that person's agent, engineer, architect, or

 

builder. A person shall not be recognized as the agent, attorney,

 

engineer, architect, or builder of another person unless the person

 

to be so recognized files with the enforcing agency a written

 

instrument, which shall be an architectural, engineering or

 

construction contract, power of attorney, or letter of

 

authorization signed by that other person designating the person as

 

the agent, attorney, architect, engineer, or builder and, in case


 

of a residential builder or maintenance and alteration contractor,

 

architect, or engineer, setting forth the person's license number

 

and the expiration date of the license.

 

     (3) A person licensed or required to be licensed as a

 

residential builder or residential maintenance and alteration

 

contractor under the occupational code, 1980 PA 299, MCL 339.101 to

 

339.2721 339.2919, a master or journeyman journey plumber pursuant

 

to 1929 PA 266, MCL 338.901 to 338.917 the state plumbing act, 2002

 

PA 733, MCL 338.3511 to 338.3569, an electrical contractor or

 

master or journeyman electrician pursuant to the electrical

 

administrative act, 1956 PA 217, MCL 338.881 to 338.892, or

 

pursuant to a local ordinance, or as a mechanical contractor

 

pursuant to the forbes mechanical contractors act, 1984 PA 192, MCL

 

338.971 to 338.988, who applies for a building permit to perform

 

work on a residential building or a residential structure shall, in

 

addition to any other information required pursuant to this act,

 

provide on the building permit application all of the following

 

information:

 

     (a) The occupational license number of the applicant and the

 

expiration date of the occupational license.

 

     (b) One of the following:

 

     (i) The name of each carrier providing worker's disability

 

compensation insurance to the applicant if the applicant is

 

required to be insured pursuant to the worker's disability

 

compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

 

     (ii) The reasons for exemption from the requirement to be

 

insured if the applicant is not required to be insured under the


 

worker's disability compensation act of 1969, 1969 PA 317, MCL

 

418.101 to 418.941.

 

     (c) One of the following:

 

     (i) The employer identification number, if the applicant is

 

required to have an employer identification number pursuant to

 

section 6109 of the internal revenue code, 26 USC 6109.

 

     (ii) The reasons for exemption from the requirement to have an

 

employer identification number pursuant to section 6109 of the

 

internal revenue code, 26 USC 6109, if the applicant is not

 

required to have an employer identification number pursuant to that

 

section. 6109 of the internal revenue code.

 

     (d) One of the following:

 

     (i) The Michigan employment security commission employer

 

number, if the applicant is required to make contributions pursuant

 

to the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL

 

421.1 to 421.75.

 

     (ii) If the applicant is not required to make contributions,

 

the reasons for exemptions from the requirement to make

 

contributions under the Michigan employment security act, 1936 (Ex

 

Sess) PA 1, MCL 421.1 to 421.75.

 

     (4) The building permit application form shall contain the

 

following statement in 8-point boldfaced type immediately above the

 

location for the applicant's signature:

 

     "Section 23a of the state construction code act of 1972, 1972

 

PA 230, MCL 125.1523a, prohibits a person from conspiring to

 

circumvent the licensing requirements of this state relating to

 

persons who are to perform work on a residential building or a


 

residential structure. Violators of section 23a are subjected to

 

civil fines."

 

     (5) The application for a building permit shall be filed with

 

the enforcing agency and the application and any other writing

 

prepared, owned, used, in the possession of, or retained by the

 

enforcing agency in the performance of an official function shall

 

be made available to the public in compliance with the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246. An application

 

shall not be removed from the custody of the enforcing agency after

 

a building permit has been issued.

 

     (6) This section shall be construed to allow the imposition of

 

requirements in the code, or in other laws or ordinances, for

 

additional permits for particular kinds of work, including plumbing

 

and electrical, or in other specified situations. The requirements

 

of the code may provide for issuance of construction permits for

 

certain of the systems of a structure and allow construction to

 

commence on those systems approved under that permit even though

 

the design and approval of all the systems of the structure have

 

not been completed and subsequent construction permits have not

 

been issued.

 

     (7) Notwithstanding this section, a building permit is not

 

required for ordinary any of the following:

 

     (a) Ordinary repairs of a building and structure.

 

     (b) (8) Notwithstanding this section, a building permit is not

 

required for a A building 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.


 

     (8) Notwithstanding this section, a building permit or

 

occupancy permit is not required for construction work for which

 

the labor and materials are valued at less than $10,000.00 and that

 

is undertaken or contracted for by a state, local, or federal

 

government agency.

 

     Sec. 12. (1) An enforcing agency shall periodically inspect

 

all construction undertaken pursuant to a building permit issued by

 

it to insure ensure that the construction is performed in

 

accordance with conditions of the building permit and is consistent

 

with requirements of the code and other applicable laws and

 

ordinances.

 

     (2) The owner of premises on which a building or structure is

 

being constructed pursuant to a building permit is deemed

 

considered to have consented to inspection by the enforcing agency

 

and the commission of the entire premises and of any construction

 

being performed on it until a certificate of use and occupancy, if

 

applicable, has been issued. An inspector, or team of inspectors,

 

on presentation of proper credentials, may enter and inspect the

 

premises and construction thereon, for purposes of insuring

 

ensuring compliance with the building permit , and the code and

 

other applicable laws and regulations. An inspection shall be made

 

between 8 a.m. and 6 p.m. on business days, or when construction is

 

actually being undertaken, except if the enforcing agency has

 

probable cause to believe that an immediate danger to life, limb,

 

or property exists, or except with permission of an owner , or his

 

or her agent, architect, engineer, or builder. An inspection

 

pursuant to under this section shall be is solely for purposes of


 

enforcing this act and other laws and ordinances related to

 

construction of buildings and structures. A person other than the

 

owner , or his or her agent, architect, engineer, or builder shall

 

not accompany an inspector or team of inspectors on an inspection,

 

unless his or her presence is necessary for the enforcement of this

 

act , or other laws and ordinances related to construction of the

 

building or structure, or except with the consent of an owner , or

 

his or her agent, architect, engineer, or builder.

 

     (3) If construction is being undertaken contrary to a building

 

permit, this act, or other applicable laws or ordinances, the

 

enforcing agency shall give written notice to the holder of the

 

building permit, or if a permit has not been issued then to the

 

person doing the construction, notifying him or her of the

 

violation of this act, or other applicable laws and ordinances, and

 

to appear and show cause why the construction should not be

 

stopped. If the person doing the construction is not known, or

 

cannot be located with reasonable effort, the notice may be

 

delivered to the person in charge of, or apparently in charge of,

 

the construction. If the holder of the permit or the person doing

 

the construction fails to appear and show good cause within 1 full

 

working day after notice is delivered, the enforcing agency shall

 

cause a written order to stop construction to be posted on the

 

premises. A person shall not continue, or cause or allow to be

 

continued, construction in violation of a stop construction order,

 

except with permission of the enforcing agency to abate the

 

dangerous condition or remove the violation, or except by pursuant

 

to court order. If an order to stop construction is not obeyed, the


 

enforcing agency may apply to the circuit court for the county in

 

which the premises are located for an order enjoining the violation

 

of the stop construction order. This remedy is in addition to, and

 

not in limitation of, any other remedy provided by law or ordinance

 

, and does not prevent criminal prosecution for failure to obey the

 

order.

 

     (4) Without limitation on other available remedies, an

 

interested person may apply for an order, enjoining the

 

continuation of construction undertaken in violation of a building

 

permit , or this act, the code, or other applicable laws or

 

ordinances, to the circuit court for the county in which the

 

premises are located.

 

     Sec. 13. A Except as otherwise provided by this act, a

 

building or structure hereafter constructed after December 31, 1972

 

shall not be used or occupied in whole or in part until a

 

certificate of use and occupancy has been issued by the appropriate

 

enforcing agency. A Except as otherwise provided by this act, a

 

building or structure hereafter altered in whole or in part after

 

December 31, 1972 shall not be used or occupied until such a the

 

certificate has been issued, except that a use or occupancy in an

 

already existing building or structure that was not discontinued

 

during its alteration may be continued for 30 days after completion

 

of the alteration without issuance of a certificate of use and

 

occupancy. A If required, a certificate of use and occupancy shall

 

be issued by the enforcing agency when the work covered by a

 

building permit has been completed in accordance with the permit ,

 

and the code and other applicable laws and ordinances. On request


 

of a holder of a building permit, the enforcing agency may issue a

 

temporary certificate of use and occupancy for a building or

 

structure, or part thereof, before the entire work covered by the

 

building permit has been completed, if the parts of the building or

 

structure to be covered by the certificate may be occupied before

 

completion of all the work in accordance with the permit , and the

 

code and other applicable laws and ordinances, without endangering

 

the health or safety of the occupants or users. When a building or

 

structure is entitled thereto, qualifies for a certificate of use

 

and occupancy, the enforcing agency shall issue a certificate of

 

use and occupancy within 5 business days after receipt of a written

 

application therefor on a form to be prescribed by the enforcing

 

agency and payment of the fee to be established by it. The

 

certificate of use and occupancy shall certify that the building or

 

structure has been constructed in accordance with the building

 

permit , and the code and other applicable laws and ordinances. The

 

application for a certificate of use and occupancy for a new

 

dwelling with a unit or units for rent shall set forth the

 

information required in an application for a certificate of

 

compliance for such a dwelling pursuant to the state under section

 

131 of the housing law of Michigan, 1917 PA 167, MCL 125.531, and

 

the certificate of use and occupancy for such a that dwelling shall

 

be deemed its is the dwelling's initial certificate of compliance.

 

The enforcing agency shall give the owner of the building or

 

structure or his or her agent at least 12 hours' notice of the time

 

of any final inspection , by the enforcing agency of the work

 

covered by the building permit, pursuant to the application for a


 

certificate of use and occupancy.