Bill Text: MI HB4566 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Construction; permits; building permits issued by enforcing agencies; require disclaimer regarding wetlands. Amends sec. 11 of 1972 PA 230 (MCL 125.1511).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-17 - Printed Bill Filed 03/13/2009 [HB4566 Detail]

Download: Michigan-2009-HB4566-Introduced.html

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HOUSE BILL No. 4566

 

March 12, 2009, Introduced by Rep. Opsommer 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 11 (MCL 125.1511).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) The enforcing agency shall examine an application

 

for a building permit. If the application conforms to this act, the

 

code and the requirements of other applicable laws and ordinances,

 

the enforcing agency shall approve the application and issue a

 

building permit to the applicant. An application shall be granted,

 

in whole or in part, or denied within 10 business days, except that

 

in case of an unusually complicated building or structure, action

 

shall be taken within 15 business days. Failure by an enforcing

 

agency to grant, in whole or in part, or deny an application within

 

these periods of time shall be deemed is considered a denial of the

 

application for purposes of authorizing the institution of an

 

appeal to the appropriate board of appeals. The enforcing agency

 

shall approve changes in plans and specifications previously

 

approved by it, if the changes require approval and if the plans

 

and specifications when so changed remain in conformity with law.

 

Except as otherwise provided in this act or the code, the

 

construction or alteration of a building or structure shall not be

 

commenced until a building permit has been issued. The construction

 

of a building or structure shall comply with the approved

 

application for a building permit, and the enforcing agency shall

 

insure such compliance in the manner provided in section 12 and in

 

any other way it deems considers appropriate.

 

     (2) An enforcing agency determination that an application for

 

a building permit or waiver or a test conducted under this act

 

conforms to applicable laws does not include any determination of

 

the existence of a certification regarding wetlands unless the

 

enforcing agency is responsible under law for such determination or

 

certification. A building permit or other document issued by an

 

enforcing agency shall, if applicable, contain a conspicuous

 

disclaimer regarding the lack of any final determination of the

 

existence or certification regarding wetlands.

 

     (3) (2) The enforcing agency may suspend, revoke, or cancel a

 

building permit in case of failure or neglect to comply with the

 

provisions of this act or the code, or upon a finding by it that a

 

false statement or representation has been made in the application

 

for the building permit.