Bill Text: MI HB4756 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Construction; code; certain energy efficient code; provide for adoption and compliance within certain time periods. Amends sec. 4 of 1972 PA 230 (MCL 125.1504).

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2009-04-02 - Printed Bill Filed 04/02/2009 [HB4756 Detail]

Download: Michigan-2009-HB4756-Introduced.html

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HOUSE BILL No. 4756

 

April 1, 2009, Introduced by Reps. Warren, Smith, Lipton, Scripps, Robert Jones, Miller and Meadows and referred to the Committee on Energy and Technology.

 

     A bill to amend 1972 PA 230, entitled

 

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

 

by amending section 4 (MCL 125.1504), as amended by 2004 PA 584.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The director shall prepare and promulgate the

 

state construction code consisting of rules governing the

 

construction, use, and occupation of buildings and structures,

 

including land area incidental to the buildings and structures, the

 

manufacture and installation of building components and equipment,

 

the construction and installation of premanufactured units, the

 

standards and requirements for materials to be used in connection

 

with the units, and other requirements relating to the safety,

 

including safety from fire, and sanitation facilities of the

 

buildings and structures.

 

     (2) The Subject to subsection (7), the code shall consist of

 

the international residential code, the international building

 

code, the international mechanical code, the international plumbing

 

code published by the international code council, the national

 

electrical code published by the national fire prevention

 

association, and the Michigan uniform energy code with amendments,

 

additions, or deletions as the director determines appropriate.

 

     (3) The code shall be designed to effectuate the general

 

purposes of this act and the following objectives and standards:

 

     (a) To provide standards and requirements for construction and

 

construction materials consistent with nationally recognized

 

standards and requirements.

 

     (b) To formulate standards and requirements, to the extent

 

practicable in terms of performance objectives, so as to make

 

adequate performance for the use intended the test of

 

acceptability.

 

     (c) To permit to the fullest extent feasible the use of modern

 

technical methods, devices, and improvements, including

 

premanufactured units, consistent with reasonable requirements for

 

the health, safety, and welfare of the occupants and users of

 

buildings and structures.

 

     (d) To eliminate restrictive, obsolete, conflicting, and

 

unnecessary construction regulations that tend to increase

 

construction costs unnecessarily or restrict the use of new

 

materials, products, or methods of construction, or provide

 

preferential treatment to types or classes of materials or products

 

or methods of construction.

 

     (e) To insure adequate maintenance of buildings and structures

 

throughout this state and to adequately protect the health, safety,

 

and welfare of the people.

 

     (f) To provide standards and requirements for cost-effective

 

energy efficiency that will be effective April 1, 1997.

 

     (g) Upon periodic review, to continue to seek ever-improving,

 

cost-effective energy efficiencies.

 

     (h) The development of a voluntary consumer information system

 

relating to energy efficiencies.

 

     (4) The code shall be divided into sections as the director

 

considers appropriate including, without limitation, building,

 

plumbing, electrical, and mechanical sections. The boards shall

 

participate in and work with the staff of the director in the

 

preparation of parts relating to their functions. Before the

 

promulgation of an amendment to the code, the boards whose

 

functions relate to that code shall be permitted to draft and

 

recommend to the director proposed language. The director shall

 

give consideration to all submissions by the boards. However, the

 

director has final responsibility for the promulgation of the code.

 

     (5) The code may incorporate the provisions of a code,

 

standard, or other material by reference. The director shall add,

 

amend, and rescind rules to update the code not less than once

 

every 3 years to coincide with the national code change cycle.

 

     (6) Before the Michigan building code, the Michigan

 

residential code, the Michigan plumbing code, the Michigan

 

mechanical code, the Michigan uniform energy code, and the Michigan

 

rehabilitation code may be enforced, the director shall make each

 

Michigan-specific code available to the general public for at least

 

45 days in printed, electronic, or other form that does not require

 

the user to purchase additional documents or data in any form in

 

order to have an updated complete version of each specific code,

 

excluding other referenced standards within each code. This

 

subsection does not apply to any code effective before April 1,

 

2005.

 

     (7) Beginning the code cycle after the effective date of the

 

amendatory act that added this subsection, the director shall adopt

 

as the code those codes described in subsection (2), the current

 

version of the international energy conservation code for

 

residential buildings, and a commercial building code that meets or

 

exceeds the ANSI/ASHERA/IEISNA standard, 90.1-2007. Those rules

 

shall also include a plan for governmental subdivisions to achieve

 

compliance with the standards described in this subsection within 8

 

years after the effective date of the amendatory act that added

 

this subsection in at least 90% of new and renovated residential

 

and commercial space. The plan shall also include components of

 

training, enforcement, and compliance measurement.