Bill Text: MI HB5011 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Construction; code; certain enforcement and administrative functions; authorize governmental unit to contract with private organization for. Amends sec. 2a of 1972 PA 230 (MCL 125.1502a) & adds sec. 9.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Passed) 2012-04-24 - Assigned Pa 103'12 With Immediate Effect [HB5011 Detail]
Download: Michigan-2011-HB5011-Chaptered.html
Act No. 103
Public Acts of 2012
Approved by the Governor
April 18, 2012
Filed with the Secretary of State
April 20, 2012
EFFECTIVE DATE: April 20, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Ouimet, Poleski, Daley, Damrow, Pscholka, Haugh, McMillin, Lane, Foster, Nesbitt, MacGregor, Wayne Schmidt and Rutledge
ENROLLED HOUSE BILL No. 5011
AN ACT to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 9.
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 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 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. 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, a highway, bridge, dam, reservoir, lock, mine, harbor, dockside port facility, an airport landing facility and facilities 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.
Sec. 9. (1) A governmental subdivision may contract with a private organization to do 1 or more of the following on behalf of the enforcing agency:
(a) Receive applications for building permits.
(b) Receive payments of fees and fines on behalf of the governmental subdivision.
(c) Perform plan reviews using plan reviewers registered under the building officials and inspectors registration act, 1986 PA 54, MCL 338.2301 to 338.2313.
(d) Perform inspections using inspectors registered under the building officials and inspectors registration act, 1986 PA 54, MCL 338.2301 to 338.2313.
(e) Approve temporary service utilities.
(f) Make determinations that structures or equipment are unsafe.
(g) Process and deliver correction notices.
(h) In emergency situations, issue orders to connect or disconnect utilities.
(i) In emergency situations, issue orders to vacate premises.
(j) Process and deliver any of the following after its issuance has been approved by the building official:
(i) In nonemergency situations, orders to connect or disconnect utilities.
(ii) In nonemergency situations, orders to vacate premises.
(iii) Building permits.
(iv) Temporary or permanent certificates of use and occupancy.
(v) Orders to suspend, revoke, or cancel a building permit or certificate of occupancy.
(vi) Violation notices.
(vii) Notices to appear or show cause.
(viii) Stop work orders.
(ix) Orders to remedy noncompliance.
(2) Unless the governmental subdivision has a conflict of interest ordinance that applies to a contract under subsection (1), such a contract entered into or renewed after the effective date of the amendatory act that added this subsection shall include or incorporate by reference conflict of interest provisions.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
