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.