December 9, 2015, Introduced by Reps. Zemke, Kelly, Faris, Potvin, Townsend, Dianda, Rutledge, Geiss, Aaron Miller, Plawecki, Neeley, Chang, McBroom, Hooker, Sheppard, Sarah Roberts, Durhal, Wittenberg and Love and referred to the Committee on Agriculture.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending sections 2a and 10 (MCL 125.1502a and 125.1510), as
amended by 2013 PA 125.
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 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) "Agricultural product" means a farm product as defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(c) "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.
(d) "Barrier free design" means design complying with legal
requirements for architectural designs 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.
(e) "Board of appeals" means the construction board of appeals
of a governmental subdivision provided for in section 14.
(f) "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, the electrical
administrative 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.
(g) "Building" means a combination of materials, whether
portable or fixed, forming a structure affording a facility or
shelter for use or occupancy by individuals, animals, or property.
Building does not include a building, whether temporary or
permanent,
incidental to associated
with 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 a part or
parts of the building and all equipment in the building unless the
context clearly requires a different meaning.
(h) "Building envelope" means the elements of a building that
enclose conditioned spaces through which thermal energy may be
transferred to or from the exterior.
(i) "Building official" means an individual 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 individual may also be an
employee of a private organization.
(j)
"Business day" means a day of the year, exclusive of a
other than Saturday, Sunday, or a legal holiday.
(k) "Chief elected official" means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(l) "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.
(m) "Commission" means the state construction code commission
created by section 3a.
(n) "Construction" means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(o) "Construction regulation" means a law, act, rule,
regulation, or code, general or special, or a compilation thereof,
enacted or adopted by this state including a department, board,
bureau, commission, or other agency of this state, relating to the
design, construction, or use of and the installation of equipment
in buildings and structures. Construction regulation does not
include a zoning ordinance or rule issued pursuant to a zoning
ordinance and related to zoning.
(p) "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 that meets all of the
following requirements:
(i) Considers the perspective of a typical first-time home
buyer.
(ii) Considers benefits and costs over a 7-year time period.
(iii) Does not assume fuel price increases in excess of the
assumed general rate of inflation.
(iv) Ensures that the buyer of a home who would qualify to
purchase the home before the addition of the energy efficient
standards will still qualify to purchase the same home after the
additional cost of the energy-saving construction features.
(v) 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 than
under the provisions of the existing energy efficiency rules.
(q) "Department" means the department of licensing and
regulatory affairs.
(r) "Director" means the director of the department or an
authorized representative of the director.
(s) "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.
(t)
"Enforcing agency" means the governmental agency that, in
accordance
with under section 8a or 8b, is responsible for
administration and enforcement of the code within a governmental
subdivision. 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.
(u) "Equipment" means plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(v) "Governmental subdivision" means a county, city, village,
or
township that, in accordance with under section 8a or 8b, has
assumed responsibility for administration and enforcement of this
act and the code within its jurisdiction.
(w) "Hoop house" means a structure, typically used to extend
the growing season for plants by creating a warmer environment,
that meets all of the following requirements:
(i) Is built according to manufacturer recommendations of a
series of noncombustible arches covered with translucent plastic
sheeting.
(ii) Does not have a permanent anchoring system or foundation.
(iii) Does not have an impermeable floor.
(x) (w)
"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,
42
USC 5401 to 5426.Public Law
93-383.
(ii) Is designed to be used without a permanent foundation as
a dwelling when connected to required utilities.
(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.
(y) (x)
"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.
(z) (y)
"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, or
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.
(aa) (z)
"Person with
disabilities" means an individual whose
physical characteristics limit that individual's ability to be
self-reliant in the individual's movement throughout and use of the
building environment.
(bb) (aa)
"Premanufactured unit"
means an assembly of
materials or products intended to comprise all or part of a
building or structure, and that is assembled at other than the
final location of the unit of the building or structure by a
repetitive process under circumstances intended to ensure
uniformity of quality and material content. Premanufactured unit
includes a mobile home.
(cc) (bb)
"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 a work 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 or facility for the
generation, transmission, or distribution of electricity. Structure
includes
a part or parts of the a 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. 10. (1) Except as otherwise provided in the code, 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
or be submitted with all of
the following:
(a) A detailed statement in writing, verified by affidavit of
the individual 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.
(b) 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
(c) The full name and residence, by street and number, of the
owner in fee of the land on which the building or structure will be
constructed, and the purposes for which it will be used.
(d) (2)
If construction is proposed to be
undertaken by a
person
other than the owner of the land in fee, the statement shall
contain
the full name and residence, by
street and number, of the
owner and also of the person proposing the construction.
(2) The affidavit under subsection (1)(a) shall state that the
specifications and plans are true and complete and contain a
correct description of the building or structure, lot or parcel,
and
proposed work. The statements and affidavits affidavit may be
made by an owner, or the owner's attorney, agent, engineer,
architect, or builder, 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 seeking recognition files with the enforcing
agency
a written instrument, which shall be an architectural,
engineering, or construction contract, a power of attorney, or a
letter of authorization that meets all of the following
requirements:
(a)
Is in writing and signed by that other
person. designating
(b) Designates the person seeking recognition as the agent,
attorney,
architect, engineer, or builder. and, in
(c) In the case of a residential builder or maintenance and
alteration
contractor, architect, or engineer, setting sets forth
the license number of the person seeking recognition 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
339.2919,
339.2677, a plumbing contractor or master or journeyman
plumber pursuant to the state plumbing act, 2002 PA 733, MCL
338.3511 to 338.3569, an electrical contractor, master electrician,
or electrical journeyman pursuant to the electrical administrative
act, 1956 PA 217, MCL 338.881 to 338.892, or pursuant to a local
ordinance, or 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 of 1986, 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 of 1986, 26 USC 6109, if the applicant is not
required to have an employer identification number pursuant to that
section.
(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 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
does not prohibit 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) A building permit is not required for ordinary repairs of
a building or structure.
(8) A building permit is not required for a building
incidental to the use for agricultural purposes of the land on
which the building is located if the building is not used in the
business of retail trade.
(9) A qualifying roadside stand is exempt from the plumbing
fixture requirements of this act and the code and is not required
to have electric power. However, a qualifying roadside stand that
has electric power must comply with the electrical code. This
subsection does not exempt a qualifying roadside stand from a
requirement to obtain a building permit. As used in this
subsection, "qualifying roadside stand" means a roadside stand that
meets all of the following requirements:
(a) Is used only for seasonal retail trade in agricultural
products.
(b) At least 50% of the agricultural products offered for sale
at the roadside stand are produced on a farm that is owned or
controlled by the person who owns the roadside stand.
(c) Is not larger than 400 square feet.
(d) Is securely anchored to the ground.
(10) A tent that meets the requirements of subsection (9)(a),
(b), and (c) is exempt from this act and the code.
(11) A hoop house that meets all of the following requirements
is exempt from this act and the code:
(a) Is not used to store solvents, gases, or other chemicals
or flammable materials.
(b) Does not redirect existing drainage.
(c) If used for the sale of agricultural products, not more
than 400 square feet are used for seasonal trade in agricultural
products and at least 50% of the agricultural products offered for
sale are produced on a farm that is owned or controlled by the
person who owns the hoop house.
(12) Subsection (11) does not limit the applicability to hoop
houses of any exclusions from the definitions of building and
structure.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.