Act No. 88

Public Acts of 2015

Approved by the Governor

June 23, 2015

Filed with the Secretary of State

June 23, 2015

EFFECTIVE DATE: September 21, 2015

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2015

Introduced by Reps. Forlini, Chirkun and Lucido

ENROLLED HOUSE BILL No. 4245

AN ACT to amend 1986 PA 54, entitled “An act to regulate and register building officials, plan reviewers, building inspectors, electrical inspectors, mechanical inspectors, and plumbing inspectors; to prescribe the powers and duties of the state construction code commission; to create a building officials advisory board; to require the approval of educational and training programs for building officials, plan reviewers, and inspectors; to provide for the establishment and disposition of fees; to provide for the promulgation of rules; and to prescribe penalties,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150.

The People of the State of Michigan enact:

Sec. 7. A registered building official, plan reviewer, or inspector shall renew his or her registration by September 17 of every third year, beginning in 2015. Reregistration or renewal of an initial registration or provisional registration shall be based on a determination by the appropriate board listed in section 4(2) of all of the following:

(a) The applicant’s familiarity with any changes to the codes that the applicant seeks to be registered to enforce.

(b) The applicant’s familiarity with other pertinent laws.

(c) Evidence satisfactory to the appropriate board that the applicant has attended local in-service training and education programs on an ongoing basis.

Sec. 9. Upon written notice of hearing, the commission may revoke or suspend the registration of any building official, plan reviewer, inspector, fire protection system inspector, or fire protection system plan reviewer if there is sufficient evidence showing that the registered individual has violated this act or rules promulgated under this act, in the performance of his or her duties. In any proceeding under this act, an enforcing agency that employs the individual may appear as a party in interest. The hearing shall be conducted pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 12. (1) Subject to subsection (2), an individual shall not be appointed or employed as a building official, inspector, or plan reviewer by an enforcing agency, unless the individual is registered under this act and the rules promulgated under this act.

(2) An individual who becomes employed by a governmental subdivision as a building official, plan reviewer, or inspector, if not already registered, shall within 30 days of employment apply to the commission for provisional registration. Upon payment of the fees prescribed in section 13, the individual shall be provisionally registered.

(3) If the commission determines that an applicant for registration does not qualify for registration, the commission shall notify the applicant of that fact in writing. The applicant may appeal an adverse decision pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(4) Notwithstanding any provision of this act, employment by an enforcing agency is not a requirement for registration or provisional registration as a building official, plan reviewer, or inspector under this act.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor