Bill Text: MI SB0379 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Construction; code; definition of building; exempt agricultural roadside sale stands. Amends secs. 2a & 10 of 1972 PA 230 (MCL 125.1502a & 125.1510).

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2013-05-22 - Referred To Committee On Regulatory Reform [SB0379 Detail]

Download: Michigan-2013-SB0379-Introduced.html

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SENATE BILL No. 379

 

 

May 22, 2013, Introduced by Senators BOOHER, CASPERSON, ANANICH, MOOLENAAR and HANSEN 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 sections 2a and 10 (MCL 125.1502a and 125.1510),

 

section 2a as amended by 2012 PA 103 and section 10 as amended by

 

1999 PA 245.

 

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) "Agricultural product" means a farm product as defined in

 

section 2 of the Michigan right to farm act, 1981 PA 93, MCL

 

286.472.

 

     (c) (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.

 

     (d) (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.

 

     (e) (d) "Board of appeals" means the construction board of

 

appeals of a governmental subdivision provided for in section 14.

 

     (f) (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.

 

     (g) (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, individuals, 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.

 

     (h) (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.

 

     (i) (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.

 

     (j) (i) "Business day" means a day of the year, exclusive of a

 

Saturday, Sunday, or legal holiday.

 

     (k) (j) "Chief elected official" means the chairperson of the

 

county board of commissioners, the city mayor, the village

 

president, or the township supervisor.

 

     (l) (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.

 

     (m) (l) "Commission" means the state construction code

 

commission created by section 3a.

 

     (n) (m) "Construction" means the construction, erection,

 

reconstruction, alteration, conversion, demolition, repair, moving,

 

or equipping of buildings or structures.

 

     (o) (n) "Construction regulation" means a law, act, rule,

 

regulation, or code, general or special, or a compilation thereof,

 

enacted or adopted by this state including a department, board,

 

bureau, commission, or other agency thereof, of this state,

 

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.

 

     (p) (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.

 

     (q) (p) "Department" means the department of licensing and

 

regulatory affairs.

 

     (r) (q) "Director" means the director of the department or an

 

authorized representative of the director.

 

     (s) (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.

 

     (t) (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.

 

     (u) (t) "Equipment" means plumbing, heating, electrical,

 

ventilating, air conditioning, and refrigerating equipment.

 

     (v) (u) "Governmental subdivision" means a county, city,

 

village, or township that, in accordance with section 8a or 8b, has

 

assumed responsibility for administration and enforcement of this

 

act and the code within its jurisdiction.

 

     (w) (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.

 

     (x) (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.

 

     (y) (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, or

 

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.

 

     (z) (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.

 

     (aa) (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 structure by a repetitive

 

process under circumstances intended to ensure uniformity of

 

quality and material content. Premanufactured unit includes a

 

mobile home.

 

     (bb) (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. 10. (1) Except as otherwise provided in the code, before

 

construction of a building or structure, the owner, or the owner's

 

builder, architect, engineer, or agent, shall submit an application

 

in writing to the appropriate enforcing agency for a building

 

permit. The application shall be on a form prescribed by the

 

commission and shall be accompanied by payment of the fee

 

established by the enforcing agency. The application shall contain

 

a detailed statement in writing, verified by affidavit of the

 

person individual making it, of the specifications for the building

 

or structure, and full and complete copies of the plans drawn to

 

scale of the proposed work. A site plan showing the dimensions, and

 

the location of the proposed building or structure and other

 

buildings or structures on the same premises, shall be submitted

 

with the application. The application shall state in full the name

 

and residence, by street and number, of the owner in fee of the

 

premises land on which the building or structure will be

 

constructed, and the purposes for which it will be used.

 

     (2) If construction is proposed to be undertaken by a person

 

other than the owner of the land in fee, the statement shall

 

contain the full name and residence, by street and number, of the

 

owner and also of the person proposing the construction. The

 

affidavit shall state that the specifications and plans are true

 

and complete and contain a correct description of the building or

 

structure, lot or parcel, and proposed work. The statements and

 

affidavits may be made by an owner, or the owner's attorney, agent,

 

engineer, architect, or builder, by the person who proposes to make

 

the construction or alteration, or by that person's agent,

 

engineer, architect, or builder. A person shall not be recognized

 

as the agent, attorney, engineer, architect, or builder of another

 

person unless the person seeking recognition files with the

 

enforcing agency a written instrument, which shall be an

 

architectural, engineering, or construction contract, power of

 

attorney, or letter of authorization signed by that other person

 

designating the person seeking recognition as the agent, attorney,

 

architect, engineer, or builder and, in case of a residential

 

builder or maintenance and alteration contractor, architect, or

 

engineer, setting forth the person's license number of the person

 

seeking recognition and the expiration date of the license.

 

     (3) A person licensed or required to be licensed as a

 

residential builder or residential maintenance and alteration

 

contractor under the occupational code, 1980 PA 299, MCL 339.101 to

 

339.2721, a 339.2919, a plumbing contractor or master or journeyman

 

plumber pursuant to 1929 PA 266, MCL 338.901 to 338.917, the state

 

plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569, an electrical

 

contractor, or master or journeyman electrician, or electrical

 

journeyman pursuant to the electrical administrative act, 1956 PA

 

217, MCL 338.881 to 338.892, or pursuant to a local ordinance, or

 

as a mechanical contractor pursuant to the forbes Forbes mechanical

 

contractors act, 1984 PA 192, MCL 338.971 to 338.988, who applies

 

for a building permit to perform work on a residential building or

 

a residential structure shall, in addition to any other information

 

required pursuant to this act, provide on the building permit

 

application all of the following information:

 

     (a) The occupational license number of the applicant and the

 

expiration date of the occupational license.

 

     (b) One of the following:

 

     (i) The name of each carrier providing worker's disability

 

compensation insurance to the applicant if the applicant is

 

required to be insured pursuant to the worker's disability

 

compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.

 

     (ii) The reasons for exemption from the requirement to be

 

insured if the applicant is not required to be insured under the

 

worker's disability compensation act of 1969, 1969 PA 317, MCL

 

418.101 to 418.941.

 

     (c) One of the following:

 

     (i) The employer identification number, if the applicant is

 

required to have an employer identification number pursuant to

 

section 6109 of the internal revenue code, 26 USC 6109.

 

     (ii) The reasons for exemption from the requirement to have an

 

employer identification number pursuant to section 6109 of the

 

internal revenue code, 26 USC 6109, if the applicant is not

 

required to have an employer identification number pursuant to that

 

section. 6109 of the internal revenue code.

 

     (d) One of the following:

 

     (i) The Michigan employment security commission employer

 

number, if the applicant is required to make contributions pursuant

 

to the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL

 

421.1 to 421.75.

 

     (ii) If the applicant is not required to make contributions,

 

the reasons for exemptions from the requirement to make

 

contributions under the Michigan employment security act, 1936 (Ex

 

Sess) PA 1, MCL 421.1 to 421.75.

 

     (4) The building permit application form shall contain the

 

following statement in 8-point boldfaced type immediately above the

 

location for the applicant's signature:

 

     "Section 23a of the state construction code act of 1972, 1972

 

PA 230, MCL 125.1523a, prohibits a person from conspiring to

 

circumvent the licensing requirements of this state relating to

 

persons who are to perform work on a residential building or a

 

residential structure. Violators of section 23a are subjected to

 

civil fines."

 

     (5) The application for a building permit shall be filed with

 

the enforcing agency and the application and any other writing

 

prepared, owned, used, in the possession of, or retained by the

 

enforcing agency in the performance of an official function shall

 

be made available to the public in compliance with the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246. An application

 

shall not be removed from the custody of the enforcing agency after

 

a building permit has been issued.

 

     (6) This section shall be construed to allow the imposition of

 

requirements in the code, or in other laws or ordinances, for

 

additional permits for particular kinds of work, including plumbing

 

and electrical, or in other specified situations. The requirements

 

of the code may provide for issuance of construction permits for

 

certain of the systems of a structure and allow construction to

 

commence on those systems approved under that permit even though

 

the design and approval of all the systems of the structure have

 

not been completed and subsequent construction permits have not

 

been issued.

 

     (7) Notwithstanding this section, a A building permit is not

 

required for ordinary repairs of a building and or structure.

 

     (8) Notwithstanding this section, a A building permit is not

 

required for a building incidental to the use for agricultural

 

purposes of the land on which the building is located if it the

 

building is not used in the business of retail trade.

 

     (9) A qualifying roadside stand is exempt from the plumbing

 

fixture requirements of this act and the code and is not required

 

to have electric power. However, a qualifying roadside stand that

 

has electric power must comply with the electrical code. This

 

subsection does not exempt a qualifying roadside stand from a

 

requirement to obtain a building permit. As used in this

 

subsection, "qualifying roadside stand" means a roadside stand that

 

meets all of the following requirements:

 

     (a) Is used only for seasonal retail trade in agricultural

 

products produced on the land where the roadside stand is located.

 

     (b) Is not larger than 400 square feet.

 

     (c) Is securely anchored to the ground.

 

     (10) A tent that meets the requirements of subsection (9)(a)

 

and (b) is exempt from this act and the code.