December 1, 2015, Introduced by Reps. Glenn, Cochran, Yanez, Greimel, LaVoy, Lucido and Cox 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 3a and 4 (MCL 125.1503a and 125.1504), section
3a as amended by 2006 PA 192 and section 4 as amended by 2012 PA
504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. (1) The state construction code commission is created
in
the department and consists of the all of the following:
(a) The state fire marshal or an employee of the bureau of
fire services created in section 1b of the fire prevention code,
1941
PA 207, MCL 29.1b, designated by the state fire marshal. and
a
(b) Two fire service representatives with extensive background
in fire inspection, plan review, and fire prevention to be
appointed by the governor from candidates recommended by the state
fire marshal. The state fire marshal shall recommend candidates to
the governor from individuals recommended to the state fire marshal
by 1 or more statewide associations of fire chiefs, fire
inspectors,
or firemen.
(c)
For each of the boards, a designee of
the chairpersons of
the
barrier free design board, the electrical administrative board,
the
state plumbing board, and the board of mechanical rules, who
shall
be permanent members, and 12 chairperson
of that board.
(d) Twelve residents of the state to be appointed by the
governor
with the advice and consent of the senate. Appointed
members
of the commission Members
appointed under this subdivision
shall
include 1 person the
following:
(i) One individual from each of the fields of industrial
management, architecture, professional engineering, building
contracting,
organized labor, and premanufactured building. ,
and 3
members
(ii) Three individuals representing municipal building
inspection. ;
2 persons
(iii) Two individuals from the
general public. ; and a
(iv) One licensed residential
builder. A member of the
commission
appointed by the governor before January 1, 2007 shall
be
appointed for a term of 2 years, except that a vacancy shall be
filled
for the unexpired portion of the term.
(2)
A member of the commission appointed by
the governor after
December
31, 2006 shall be appointed for a
term of 4 years, except
that a vacancy shall be filled for the unexpired portion of the
term.
(3) A member of the commission may be removed from office by
the governor for inefficiency, neglect of duty, or misconduct or
malfeasance in office. A member of the commission who has a
pecuniary interest in a matter before the commission shall disclose
the
interest before the commission takes action in the matter. ,
which
disclosures The disclosure shall be made a matter of record
in
its the official proceedings of the commission. Each
member of
the commission, except the state fire marshal or the state fire
marshal's designee, shall receive reimbursement for actual expenses
incurred by the member in the performance of the duties as a member
of the commission, subject to available appropriations.
(4) (2)
Nine Ten members of the commission constitute a
quorum. Except as otherwise provided in the commission's bylaws,
action may be taken by the commission by vote of a majority of the
members present at a meeting. Meetings of the commission may be
called by the chairperson or by 3 members on 10 days' written
notice. Not less than 1 meeting shall be held each calendar
quarter. A meeting of the commission may be held anywhere in this
state.
(5) (3)
The commission may elect 1 member
as vice-chairperson,
and other officers as it determines appropriate, for the terms and
with the duties and powers as the commission determines. The vice-
chairperson and other officers of the commission shall be elected
from those members appointed to the commission by the governor.
After
December 31, 2006, the The governor shall designate a member
of the commission to serve as chairperson at the pleasure of the
governor.
(6) (4)
The commission is within the
department but shall
exercise its statutory functions independently of the director,
except that budgeting, personnel, and procurement functions of the
commission shall be performed under the direction and supervision
of the director. The director has the sole statutory authority to
promulgate rules.
(7) (5)
The business that the commission
may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Public notice of the time, date, and place of the meeting shall be
given in the manner required by the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275.
(8) (6)
A writing prepared, owned, used, in
the possession of,
or retained by the commission 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.
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 code shall consist of the international residential
code,
the international building code, the international mechanical
code,
the international plumbing code, the international existing
building
code, and the international energy conservation code
published
by the international code council and the national
electrical
code published by the national fire prevention
association,
"International
Residential Code", the "International
Building Code", the "International Mechanical Code", the
"International Plumbing Code", the "International Existing Building
Code", and the "International Energy Conservation Code" published
by the International Code Council and the "National Electrical
Code" published by the National Fire Prevention Association, with
amendments, additions, or deletions as the director determines
appropriate. The director may adopt all or any part of these codes
or the standards contained within these codes by reference.
(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, or
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 ensure adequate maintenance of buildings and structures
throughout this state and to adequately protect the public 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) To develop 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 may draft and recommend to the
director proposed language. The director shall consider all
submissions by the boards. However, the director has final
responsibility for the promulgation of the code. If the director,
pursuant to section 7, appoints an advisory committee to review
recommendations of any of the boards under this subsection, the
advisory committee shall include 3 fire service representatives
with extensive background in fire inspection, plan review, and fire
prevention appointed by the director from candidates recommended by
1 or more statewide associations of fire chiefs, fire inspectors,
or firemen.
(5) The director shall add, amend, and rescind rules to update
the Michigan building code, the Michigan mechanical code, the
Michigan plumbing code, the Michigan rehabilitation code for
existing buildings, the Michigan electrical code, and the
commercial chapters of the Michigan energy code not less than once
every 3 years to coincide with the national code change cycle.
(6)
Within 90 days after the effective date of the 2012 act
that
amended this section, By June
26, 2013, the director shall
begin the process to add, amend, or rescind rules to update the
2009 Michigan residential code, including the residential energy
code chapter. Commencing with the 2015 national code change cycle,
the director shall add, amend, and rescind rules to simultaneously
update all chapters of the Michigan residential code not less
frequently than once every 6 years or more frequently than once
every 3 years as the director determines is appropriate. Not more
than 200 days after the printed publication of the latest edition
of
the international residential code book "International
Residential Code" is made available to the general public, the
director shall hold a public meeting in Lansing and offer persons
an opportunity to present data and comments on the general need to
update the Michigan residential code. The department shall give 30
days' advance notice of a meeting under this subsection on the
department's website. Not more than 30 days after the meeting, the
director shall issue a written determination whether to update the
Michigan residential code. The department shall post notice of the
determination on its website for at least 45 days.
(7) If the director makes the determination not to update the
Michigan residential code, a person may, within 45 days after the
determination, request the director to promulgate a rule to amend a
section or sections of the Michigan residential code. Within 90
days after the filing of a request, the director shall initiate the
processing of a rule or shall issue to the requestor a concise
written statement of the principal reasons for denial of the
request and post the denial statement on the department's website
until the Michigan residential code is next updated. The denial of
the request is not subject to judicial review.
(8) 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.
If the Michigan residential code is
updated on a 6-year
cycle, then use of a material, product, method of manufacture, or
method or manner of construction or installation provided for in an
interim
edition of the international residential code
"International Residential Code" is authorized throughout this
state and shall be permitted, but shall not be mandated, by an
enforcing agency or its building official or inspectors. However,
the enforcing agency or its building official or inspectors may
require that if such a material, product, method of manufacture, or
method or manner of construction or installation provided for in an
interim
edition of the international residential code
"International Residential Code" is used, the use shall comply with
all applicable requirements set forth in the interim edition of the
international
residential code."International
Residential Code".
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.