April 18, 2013, Introduced by Reps. Jacobsen, Nesbitt, Stallworth, Ananich, MacMaster, LaFontaine, Pscholka, Kandrevas, Pettalia, Rendon, Price, McCready, Shirkey, Genetski, Franz, Kowall, Outman, LaVoy, Hobbs, Kesto, Switalski, Bumstead and Foster and referred to the Committee on Energy and Technology.
A bill to amend 1984 PA 192, entitled
"Forbes mechanical contractors act,"
by amending sections 7 and 9 (MCL 338.977 and 338.979), section 7
as amended by 1998 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) Except as provided in subsection (3) or (4) and
section 14, an individual, partnership, association, corporation,
limited liability company, governmental subdivision, college, or
university shall not perform installations, alterations, or
servicing
of work classifications under section 6(3) , which that
are regulated by the state construction code act of 1972, 1972 PA
230, MCL 125.1501 to 125.1531, unless the individual, or an
employee of the individual, partnership, association, corporation,
limited liability company, governmental subdivision, college, or
university has received a contractor's license from the department
,
which that has not been revoked or suspended, and the
license is
either classified and limited as provided in section 6 or is
annotated as provided in section 8, and the holder of the license
has secured the appropriate permit from the enforcing agency
charged with the responsibility of issuing permits.
(2) An individual, partnership, association, corporation,
limited liability company, governmental subdivision, college, or
university
which that performs installations, alterations, or
servicing of work classifications under section 6(3) shall
designate the holder of a contractor's license as described in
subsection (1) as the contractor of record. The department shall be
notified in writing of the designation.
(3) If the installation, alteration, or service of a work
classification under section 6(3) is performed without compensation
by a person licensed under this act for or on behalf of a
charitable organization, the permit required under subsection (1)
may be obtained by the owner of the property on which the work is
performed. This subsection applies only to the reconstruction,
renovation, or remodeling of 1- to 4-family dwellings.
(4) A person that is registered as a system provider under the
security alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187,
or licensed as a security alarm system contractor under the private
security business and security alarm act, 1968 PA 330, MCL 338.1051
to 338.1092, is not required to obtain a license from the
department under this act or obtain a license or permit from a
governmental subdivision or enforcing agency to perform work
described in subsection (1) in connection with the installation,
maintenance, replacement, or servicing of a thermostat for a
heating, ventilating, and air conditioning system or a hydronic
heating and cooling system.
(5) (4)
This act does not require a
contractor of record in a
facility that regularly employs a qualified maintenance crew to
perform within the facility mechanical contracting work regulated
by
under this act.
(6) (5)
As used in this section,
"charitable organization"
means a not for profit tax-exempt religious, educational, or humane
organization.
Sec.
9. After the effective date of this act, October 1, 1984,
a governmental subdivision shall not establish or maintain local
licensing requirements for the work classifications set forth in
section 6(3) or work described in section 7(4). A governmental
subdivision shall not prohibit a contractor licensed under this act
from engaging in the work classification or classifications for
which the contractor has a license under this act, or a person
described in section 7(4) from engaging in work for which that
person is licensed or registered, unless the contractor is in
violation of the mechanical code.