September 27, 2011, Introduced by Reps. Ouimet, Poleski, Daley, Damrow, Pscholka, Haugh, McMillin, Lane, Foster, Nesbitt, MacGregor, Wayne Schmidt and Rutledge 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 section 2a (MCL 125.1502a), as added by 1999 PA 245,
and by adding section 9.
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 that 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 that
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, the board
of mechanical rules created in section 3 of the Forbes mechanical
contractors
act, 1984 PA 192, MCL 338.973, and the 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) "Building official" means a person who is employed by a
governmental subdivision and is charged with the administration and
enforcement of the code and who is registered in compliance with
the building officials and inspectors registration act, 1986 PA 54,
MCL 338.2301 to 338.2313. This person may also be an employee of a
private organization.
(i) (h)
"Business day" means a
day of the year, exclusive of a
Saturday, Sunday, or legal holiday.
(j) (i)
"Chief elected official"
means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(k) (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.
(l) (k)
"Commission" means the
state construction code
commission
created by section 3 3a.
(m) (l) "Construction"
means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(n) (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.
(o) (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 that meets all
of
the following provisions apply requirements:
(i) The analysis shall take into consideration Considers the
perspective of a typical first-time home buyer.
(ii) The analysis shall consider Considers benefits and costs
over a 7-year time period.
(iii) The analysis shall Does not
assume fuel price increases in
excess of the assumed general rate of inflation.
(iv) The analysis shall assure Ensures that
the buyer of a home
who qualifies to purchase the home before the addition of the
energy
efficient standards would will
still qualify to purchase the
same home after the additional cost of the energy-saving
construction features.
(v) The analysis shall assure Ensures 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 than
under the provisions of the
existing energy efficiency rules.
(p) (o)
"Department" means the
department of consumer and
industry
services licensing and
regulatory affairs.
(q) (p)
"Director" means the
director of the department or an
authorized representative of the director.
(r) (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.
(s) (r)
"Enforcing agency" means
the enforcing governmental
agency that,
in accordance with section 8a or 8b, which is
responsible for administration and enforcement of the code within a
governmental
subdivision. , except However, 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.
(t) (s)
"Equipment" means
plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(u) (t)
"Governmental
subdivision" means a county, city,
village,
or township which that, in accordance with section 8 8a,
has assumed responsibility for administration and enforcement of
this act and the code within its jurisdiction.
(v) (u)
"Mobile home" means a
vehicular, portable structure
that meets all of the following requirements:
(i) Is 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
(ii) Is designed to be used without a permanent foundation as a
dwelling
when connected to required utilities. and which is,
(iii) 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.
(w) (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.
(x) (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.
(y) (x)
"Person with
disabilities" means an individual whose
physical
characteristics have a particular relationship to limit
that individual's ability to be self-reliant in the individual's
movement throughout and use of the building environment.
(z) (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 ensure uniformity of
quality and material content. Premanufactured unit includes a
mobile home.
(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. 9. A governmental subdivision may contract with a private
organization to do 1 or more of the following on behalf of the
enforcing agency:
(a) Receive applications for building permits.
(b) Receive payments of fees and fines on behalf of the
governmental subdivision.
(c) Perform plan reviews using plan reviewers, registered
under the building officials and inspectors registration act, 1986
PA 54, MCL 338.2301 to 338.2313.
(d) Perform inspections.
(e) Approve temporary service utilities.
(f) Make determinations that structures or equipment are
unsafe.
(g) Process and deliver correction notices.
(h) In emergency situations, issue orders to connect or
disconnect utilities.
(i) In emergency situations, issue orders to vacate premises.
(j) Process and deliver any of the following after its
issuance has been approved by the building official:
(i) In nonemergency situations, orders to connect or disconnect
utilities.
(ii) In nonemergency situations, orders to vacate premises.
(iii) Building permits.
(iv) Temporary or permanent certificates of use and occupancy.
(v) Orders to suspend, revoke, or cancel a building permit or
certificate of occupancy.
(vi) Violation notices.
(vii) Notices to appear or show cause.
(viii) Stop work orders.
(ix) Orders to remedy noncompliance.