May 11, 2005, Introduced by Senators HARDIMAN, GILBERT, CROPSEY, HAMMERSTROM and JELINEK and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending sections 8a and 24 (MCL 125.1508a and 125.1524),
section 8a as added by 1999 PA 245 and section 24 as amended by
1980 PA 371.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8a. (1) This act and the code apply throughout the state.
However, a county, city, village, or township may enact and enforce
a maintenance or fire prevention code pursuant to section 3(j) and
(k) of the home rule city act, 1909 PA 279, MCL 117.3, section 8 of
the housing law of Michigan, 1917 PA 167, MCL 125.408, or another
law of this state, as applicable.
(2)
Within 10 days after the effective date of this
subsection
December 28, 1999, the
director shall provide a notice
of intent form to all governmental subdivisions administering and
enforcing a nationally recognized model code other than the code
established by the commission under this act. This form shall set
forth the date return receipt is required, which date shall not be
less than 60 days after receipt. The chief elected official of the
governmental subdivision that receives this notice shall indicate
on the form the intention of the governmental subdivision as to
whether it shall administer and enforce the code and transmit this
notice to the director within the prescribed period. If a
governmental subdivision fails to submit a notice of intent to
administer and enforce the code within the date set forth in the
notice, the director shall send a notice by registered mail to the
clerk of that governmental subdivision. The registered notice shall
indicate that the governmental subdivision has 15 additional days
in which to submit a notice of intent to administer and enforce the
code. If the governmental subdivision does not respond by the end
of the 15 additional days, it shall be conclusively presumed that
the governmental subdivision does not intend to administer and
enforce the code, and the director shall assume the responsibility
for administering and enforcing this act and the code in that
governmental subdivision, unless the county within which that
governmental subdivision is located has submitted a notice of
intent to continue to administer and enforce this act and the code.
Governmental subdivisions may provide by agreement for joint
enforcement of the code.
(3) A governmental subdivision that has elected to assume
responsibility for the administration and enforcement of this act
and the code, and has submitted a notice of intent to continue to
administer and enforce the code to the director pursuant to section
8b,
after the effective date of this subsection December 28,
1999, may reverse that election.
(4)
A governmental subdivision that, before
the effective
date
of this subsection December 28, 1999, has elected to exempt
itself pursuant to former section 8(1) may reverse that election,
making itself subject to the act and the code. However, that action
shall not take effect until 60 days after passage of an ordinance
to that effect. A structure commenced under an effective code shall
be completed under that code.
(5)
A governmental subdivision that, before
the effective
date
of this subsection December 28, 1999, has not administered
and enforced either this act and the code or another nationally
recognized model code may elect to enforce this act and the code
pursuant to subsection (1) by the passage of an ordinance to that
effect. A governmental subdivision that makes this election after
the
effective date of this subsection December 28, 1999 shall
submit, in addition to the ordinance, an application to the
commission for approval to administer and enforce that code within
its jurisdiction. This application shall be made on the proper form
to be provided by the commission. The standards for approval shall
include, but not be limited to, the certification by the
governmental subdivision that the enforcing agency is qualified by
experience or training to administer and enforce the code and all
related acts and rules, that agency personnel are provided as
necessary, administrative services are provided, plan review
services are provided, and timely field inspection services shall
be provided. The director shall seek additional information if the
director considers it necessary. The commission shall render a
decision on the application for approval to administer and enforce
the code that has been adopted and transmit its findings to that
governmental subdivision within 90 days of receipt of the
application. The commission shall document its reasons if the
commission disapproves an application. A governmental subdivision
that receives a disapproval may resubmit its application for
approval. Upon receipt of approval from the commission for the
administration and enforcement of the code, the governmental
subdivision shall administer and enforce the code within its
jurisdiction pursuant to the provisions of its approved
application.
(6) The code or any of its sections shall take effect 6 months
after the code's initial promulgation. The 6-month delay does not
apply to rules promulgated to implement sections 13a, 13b, 13c, 19,
and 21 and the requirements of barrier free design and energy
conservation of this act and code. The 6-month delay does not apply
to amendments to the code or any of the code's sections after the
initial promulgation.
(7) The standards for premanufactured housing shall not be
less than the standards required for nonpremanufactured housing,
except that manufactured homes labeled pursuant to the national
manufactured housing construction and safety standards act of 1974,
title
VI of the housing and community development act of 1974,
Public
Law 93-383, 42 U.S.C. 42 USC
5401 to 5426, shall be
considered to have complied with this requirement.
(8) The commission may limit the application of a part of the
code to include or exclude the following:
(a) Specified classes or types of buildings or structures,
according to use, or other distinctions as may make differentiation
or separate classification or regulation necessary, proper, or
desirable. The commission shall consider the specific problems of
the construction or alteration of a single family, owner-occupied
recreational dwelling that is located in a sparsely populated area
and that is to be occupied on a part-time basis.
(b) Specified areas of the state based on size, population
density, special conditions prevailing in the area, or other
factors as may make differentiation or separate classification or
regulation necessary, proper, or desirable.
(9) A building or structure that has baby changing stations in
the women's restrooms shall have baby changing stations in the
men's restrooms.
(10) The code shall provide, where appropriate, for standards
involving location and construction of ratwalls that are not less
than
those standards in existence on the effective date of this
section
December 28, 1999.
Sec. 24. Until 6 months after promulgation of the code,
construction
regulations heretofore or hereafter adopted
by a
governmental subdivision continue in effect unless repealed by
local law or ordinance. Six months after the promulgation of the
code and thereafter, construction regulations adopted by a
governmental subdivision shall be considered repealed and invalid,
except
as provided in section 8 8a. A building permit validly
issued under local construction regulations within 6 months before
promulgation of the code is valid, and the construction of a
building or structure may be completed pursuant to that building
permit. The construction of a building or structure started before
promulgation of the code in an area of the state that did not as of
the date of beginning of construction require a building permit may
be completed without a building permit. Except as provided in
section 28, construction regulations incorporated in any act of
this state in effect or validly promulgated by any board,
department, commission, or agency continue in effect until
promulgation
of the code at which time they shall be considered to
be
are superseded.