Bill Text: MI HB4100 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Construction; code; definition of building; exempt agricultural roadside sale stands. Amends sec. 2a of 1972 PA 230 (MCL 125.1502a).
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2013-01-29 - Printed Bill Filed 01/25/2013 [HB4100 Detail]
Download: Michigan-2013-HB4100-Introduced.html
HOUSE BILL No. 4100
January 24, 2013, Introduced by Reps. MacMaster, Lauwers, Pettalia, Daley, Rendon, Victory, Cotter, Kurtz, Kelly and Johnson 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 amended by 2012 PA 103.
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) "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 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, 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.
(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 does not include a temporary
roadside stand located on land used for agricultural purposes,
owned and operated by the owner of the land, and used for seasonal
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.
(g) "Building envelope" means the elements of a building that
enclose conditioned spaces through which thermal energy may be
transferred to or from the exterior.
(h) "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.
(i)
"Business day" means a day of the year, exclusive of other
than a Saturday, Sunday, or legal holiday.
(j) "Chief elected official" means the chairperson of the
county board of commissioners, the city mayor, the village
president, or the township supervisor.
(k) "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) "Commission" means the state construction code commission
created by section 3a.
(m) "Construction" means the construction, erection,
reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(n) "Construction regulation" means a law, act, rule,
regulation, or code, general or special, or compilation thereof,
enacted or adopted 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. buildings
and structures. Construction regulation does not include a zoning
ordinance or rule issued pursuant to a zoning ordinance and related
to zoning.
(o) "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.
(p) "Department" means the department of licensing and
regulatory affairs.
(q) "Director" means the director of the department or an
authorized representative of the director.
(r) "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) "Enforcing agency" means the governmental agency that, in
accordance with 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.
(t) "Equipment" means plumbing, heating, electrical,
ventilating, air conditioning, and refrigerating equipment.
(u) "Governmental subdivision" means a county, city, village,
or township that, in accordance with section 8a, has assumed
responsibility for administration and enforcement of this act and
the code within its jurisdiction.
(v) "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.
(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.
(w) "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) "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) "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.
(z) "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 structures by a repetitive process
under circumstances intended to ensure uniformity of quality and
material content. Premanufactured unit includes a mobile home.
(aa) "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, such as a highway, bridge, dam,
reservoir,
lock, mine, harbor, dockside port facility, an airport
landing
facility, and facilities or facility for the generation, or
transmission, or distribution of electricity. Structure includes 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.
