Bill Text: MI SB0213 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Occupations; construction; licensure of certain commercial carpenters; provide for under certain circumstances. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-02-11 - Referred To Committee On Commerce And Tourism [SB0213 Detail]
Download: Michigan-2009-SB0213-Introduced.html
SENATE BILL No. 213
February 11, 2009, Introduced by Senators RICHARDVILLE and GLEASON and referred to the Committee on Commerce and Tourism.
A bill to regulate persons engaged in commercial carpentry; to
create a board of carpentry; to provide for powers and duties of
certain state agencies and departments; to establish standards; to
provide for the licensing of carpenter contractors and journey
carpenters; to register apprentices; to prescribe fees; to provide
for the promulgation of rules; and to prescribe remedies and
penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"commercial carpentry licensure act".
Sec. 3. (1) As used in this act:
(a) "Apprentice" means an individual registered under this act
to act as an apprentice carpenter.
(b) "Board" means the board of commercial carpentry.
(c) "Carpenter contractor" means a licensed journey carpenter
or a person who employs a licensed journey carpenter full-time to
directly supervise the installation of carpentry on a commercial
structure as his or her representative, that is engaged in the
business of carpentry for a fixed sum, price, fee, percentage or
other valuable consideration, or other compensation. Carpenter
contractor does not include a governmental agency.
(d) "Carpentry" means activity on a commercial structure
involving the erecting, installing, framing, altering, or repairing
of structures and their structural parts including decks, walls,
doors, windows, ceilings, roofs, drywall, countertops, cabinets,
flooring, trim, and any components that make the framing of a
structure complete, including the prefabrications of any structure.
For purposes of this subdivision, "wood construction" and "wooden
structure" include construction methods utilizing substitute
materials, including, but not limited to, metal stud and composite
framing and finish materials that replace or are used in
conjunction with traditional wood construction and the preparation
and installation of concrete foundation forms or wood foundations
that do not include trench footers. Carpentry does not include
minor repair or the construction, maintenance, or repair of farm
structures and their appurtenances, greenhouses, fences, or
structures used for the production or care of farm plants and
animals.
(e) "Commercial structure" means any structure not involving
either a residential structure or a farm structure.
(f) "Department" means the department of labor and economic
growth.
(g) "Enforcing agency" means an enforcing agency as defined in
section 2a of the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1502a.
(h) "Farm structure" means a farm building and its
appurtenances, a greenhouse, a fence, or a structure used for the
production or care of farm plants and animals.
(i) "Governmental subdivision" means a governmental
subdivision as defined in section 2a of the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1502a.
(j) "Journey carpenter" means an individual other than a
carpenter contractor who, as his or her principal occupation, is
engaged in practical installation carpentry. A carpenter contractor
may also act as a journey carpenter.
(k) "Michigan construction code" means the rules promulgated
under the authority of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, and
known as the Michigan building code.
(l) "Minor repair" means a repair which involves the
replacement of existing materials to maintain an existing facility
not exceeding $600.00 in aggregate cost, when the work is not a
part of a larger project and is not subject to the requirement of
obtaining a permit under the Michigan construction code, including,
but not limited to, window sash and glazing replacements; door
slabs, frames, and hardware replacements; roofing and exterior wall
repairs to maintain the enclosure of the building from the
elements; interior wall and floor ceiling repairs not involving
structural elements, fire resistance rated assemblies and means of
egress, or the removal or alteration of a means of egress; or the
removal or alteration of a means of egress.
(m) "Person" means an individual, association, firm,
partnership, corporation, limited liability company, and other
legal entity but not including a governmental subdivision, college,
or university.
(n) "Residential structure" means 1- and 2-family residential
dwellings, including detached 1- and 2-family dwellings and
multiple single-family dwellings not more than 3 stories in height
with a separate means of egress, and their accessory structures as
further described in R 408.30401 of the Michigan administrative
code.
Sec. 5. (1) There is created within the department a board of
commercial carpentry consisting of 9 residents of the state to be
appointed by the governor with the advice and consent of the
senate. Appointed members shall be not less than 18 years of age
and qualified in their respective fields. Of the members first
appointed, 3 members shall have a term of 2 years, 3 members shall
have a term of 3 years, and 3 members shall have a term of 4 years.
Appointed members of the board shall include all of the following:
(a) One member of organized labor representing carpentry
trades, who is licensed under this act.
(b) Two members of regional carpenter contractor associations
that are from diverse geographical locations and who are licensed
under this act.
(c) Two members of the general public.
(d) Two building inspectors affiliated with a governmental
subdivision.
(e) Two members licensed under this act.
(2) Except for the initial members, a member of the board
shall be appointed for a term of 4 years. A vacancy shall be filled
for the unexpired portion of the term. A member of the board may be
removed from office by the governor in accordance with section 10
of article V of the state constitution of 1963. A member of the
board who has a pecuniary interest in a matter shall disclose that
interest before the board takes action in the matter, which
disclosure shall be made a matter of record in the board's official
proceedings. Each member of the board shall receive travel and
actual expenses incurred by the member in the performance of his or
her duties as a member of the board.
(3) Travel or other expenses incurred by a member of a board
in the performance of an official function shall be payable by the
department pursuant to the standardized travel regulations of the
department of management and budget. A member of the board shall
not serve more than 2 consecutive terms.
(4) The board shall hold an organizational meeting within 60
days after the effective date of this act. At the first meeting of
each year, the board shall elect from its membership a chairperson,
vice-chairperson, and secretary. The chairperson, vice-chairperson,
and secretary shall be elected from those members appointed to the
board by the governor.
Sec. 7. (1) The board shall hold regular quarterly meetings.
Special meetings may be held at the call of the chairperson or 3
members of the board. Written notice of a special meeting shall be
mailed to each member not less than 12 days before the date of the
meeting.
(2) Five members of the board shall constitute a quorum for
the transaction of business. An approval, decision, or ruling of
the board shall not become effective unless approved by 2/3 of the
board members attending a meeting.
(3) The board may request a person to appear before the board
to advise the board regarding the implementation of this act.
(4) The business which the board performs shall be conducted
at a public meeting of the board held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, and public notice
of the time, date, and place of the meeting shall be given in the
manner required by that act.
(5) A writing prepared, owned, used, in the possession of, or
retained by the board 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. 9. (1) Within 1 year after the effective date of this
act, the department, in consultation with the board, shall
promulgate rules pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of
this act and to provide for 1 or more examinations and for
establishing a procedure for the registration of apprentices.
(2) Before an examination or other test required under this
act is administered, the department and the board, acting jointly,
shall review and approve the form and content of the examination or
other test.
(3) The board may approve an applicant in the appropriate
classification who demonstrates equivalent experience to that
prescribed under this act.
Sec. 11. (1) Upon the filing of an application on a form
prescribed by the department and payment of the examination fee
prescribed in section 23, the department shall conduct examinations
to establish the qualifications and competency of applicants
seeking licensure for the classification for which the application
is submitted and, except as otherwise provided, shall issue
licenses to those who pass the examinations or are otherwise
qualified and who pay the initial issuance fee.
(2) An applicant is not considered eligible for examination
unless the applicant is of good moral character, as defined and
determined under 1974 PA 381, MCL 338.41 to 338.47, and has
established, in a manner acceptable to the board, the experience
requirements, or equivalent, for the particular classification of
license.
Sec. 13. (1) A carpenter contractor license is classified and
limited to 1 or more of the following classifications:
(a) Exterior systems, which include the placement and
installation of roof covering membranes, except hot tar
applications; siding and gutters; exterior trim materials; and
window, screens, and sash installation.
(b) Finish and trim carpentry, which includes the installation
of molding and trim, such as door and window casings, mantles,
baseboard, and other types of ornamental work, and cabinet
installation and countertop installation.
(c) Formwork and foundations, which include the installation
of formwork used in concrete construction and foundation systems.
(d) Interior systems, which include the placement and
installation of office partition systems and related furniture;
drywall and other interior finish systems attached to wood or metal
framing systems; acoustical ceiling system; and insulation in
interior or exterior cavity systems for sound or thermal
protection.
(e) Rough carpentry, which includes framing with wood or light
gauge metal framing members to form walls, floor systems, or roof
framing systems that comprise the skeletal structure or framework
of buildings; formwork; roof construction concentrating on rafters,
beams, and trusses roofing; and other structural or other large-
scale work that need not be finely joined or polished in
appearance.
(2) The department shall not require a separate carpenter
contractor license for each classification for which the applicant
applies and shall not impose an additional and separate license fee
for each classification for which the license is issued.
(3) A carpenter contractor shall have at least 2 years'
experience as a licensed journey carpenter or have at least 1
journey carpenter who possesses not less than 2 years' experience
as a licensed journey carpenter residing in this state and who is
in his or her full-time employ. That journey carpenter shall be
actively in charge of, and responsible for, Michigan construction
code compliance of all installation performed by the carpenter
contractor.
Sec. 15. (1) The department shall issue a journey carpenter
license to a person not less than 19 years of age who does all of
the following:
(a) Files a completed application form provided by the
department.
(b) Pays the examination fee prescribed in section 23 and
passes the examination provided by the board and the department.
(c) Pays the licensing fee prescribed in section 23.
(d) Has not less than 6,000 hours of experience obtained over
a period of not less than 4 years related to carpentry under the
direct supervision of a licensed carpenter contractor.
(2) Upon failure to pass the journey examination 2 times
within a 2-year period, an applicant is ineligible to sit for
another examination until a period of not less than 1 year from the
date of failure of the second examination, at which time he or she
shall present to the board proof of the successful completion of a
course on the Michigan construction code, carpentry fundamentals,
or carpentry theory, as approved by the board, in order to be
eligible to again sit for an examination.
Sec. 17. (1) An individual employed as an apprentice carpenter
shall register with the department on a form provided by the
department within 30 days after the date of employment.
(2) An apprentice registration is invalid after 5 years from
the date of initial registration unless the registered apprentice
applies for and takes the examination for journey carpenter
license. The registration remains valid until either a license is
issued or the apprentice fails to take the journey carpenter exam.
(3) Upon request by the apprentice to the board, the board may
grant an extension of an apprentice registration for a period of
time as determined appropriate by the board.
(4) An apprentice carpenter shall, as his or her principal
occupation, be engaged in learning and assisting in the
installation of carpentry under the direct on-site jobsite
supervision of a journey carpenter with at least 2 years of
experience as a licensed journey carpenter.
Sec. 19. (1) Except as otherwise provided in this act or in
subsection (3), a person shall not engage in the business of being
a carpentry contractor unless the person has received from the
department a carpenter contractor license.
(2) Except as otherwise provided in this act or in subsection
(3), a person other than a person duly licensed under this act and
employed by and working under the direction of a holder of a
carpenter contractor license shall not in any manner engage in
carpentry. This subsection does not prevent an individual,
practicing within the scope of practice of his or her license or
registration, from performing incidental carpentry activities that
are within his or her scope of licensed or registered practice.
(3) This act does not require a carpentry license in a
facility that regularly employs a qualified maintenance crew to
perform within the facility carpentry work regulated by this act.
Sec. 21. (1) A person who, on the effective date of this act,
has been actively engaged in, or worked at, a business as a journey
carpenter or carpenter contractor in 1 or more of the
classifications and is required to be licensed under this act shall
be issued a license in a classification for which he or she is
qualified without taking an examination upon furnishing the
department with satisfactory evidence of having been engaged in a
business as a journey carpenter or carpenter contractor in 1 or
more of the classifications for a minimum of 3 out of the 5 years
immediately preceding the effective date of this act. The
application, accompanied by the appropriate license fee, shall be
submitted within 1 year after the effective date of this act.
(2) A person who on the effective date of this act is actively
engaged in carpentry and is licensed by a municipal licensing board
as a journey carpenter or carpenter contractor in 1 or more of the
classifications may furnish the department with satisfactory
evidence of the municipal license. The department shall issue to a
person complying with this subsection the license for which the
person seeks licensure and for which the person is qualified
without examination if the person applies within 1 year after the
effective date of this act and pays the initial license fee
prescribed in section 23.
(3) A person who on the effective date of this act is employed
as a code inspector for a governmental subdivision and has engaged
in, or worked at, a business as a journey carpenter or carpenter
contractor in 1 or more of the classifications for 3 out of the 5
years immediately preceding the date of the person's employment as
a code inspector may furnish the department with satisfactory
evidence of the employment and experience. The department shall
issue to a person complying with this subsection the license for
which the person seeks licensure and for which the person is
qualified without examination if the person applies within 1 year
after the effective date of this act and pays the initial license
fee prescribed in section 23.
(4) A person who on the effective date of this act is actively
engaged in carpentry and is licensed as a residential builder, or a
residential maintenance and alteration contractor in the trade of
carpentry or a related subject matter area, under section 2404 of
the occupational code, 1980 PA 299, MCL 339.2404, may furnish the
department with satisfactory evidence of the license and
documentation demonstrating experience in being actively engaged in
the construction business and carpentry under that license. The
department shall issue to a person complying with this subsection a
license as a journey carpenter or carpenter contractor without
examination if the person applies within 1 year after the effective
date of this act and pays the initial license fee prescribed in
section 23.
(5) The department shall license, without examination and upon
the payment of the initial license fee prescribed in section 23, an
applicant who is a legally authorized journey carpenter or
carpenter contractor in another state or country if the licensing
requirements of the state or country are considered by the board
and the department to be substantially equivalent to the licensing
requirements of this state and the state or country observes
reciprocity in regard to journey carpenters and carpenter
contractors licensed under this act.
(6) The holder of a license issued under this section may
renew the license pursuant to section 23.
(7) Beginning on the effective date of this act, a
governmental subdivision shall not establish or maintain local
licensing requirements for work classifications under this act. A
governmental subdivision shall not prohibit a carpenter contractor
licensed under this act from engaging in the work classifications
for which the carpenter contractor has a license, unless the
carpenter contractor is in violation of the Michigan construction
code.
Sec. 23. (1) The examination fee for a journey carpenter's or
carpenter contractor's license is $100.00. Except as otherwise
provided in subsection (2), the initial and per-year fee for the
issuance of a carpenter contractor license is $100.00, and $50.00
for a journey carpenter license. The initial and per-year
registration fee for an apprentice is $15.00. The department may
issue licenses for up to 3 years in duration.
(2) The fees in this subsection may be adjusted as follows:
(a) At the beginning of each state fiscal year, the
department, by order, may increase the fees collected in this
section by a percentage amount equal to not more than the average
percentage wage and salary increase granted for that fiscal year to
classified civil service employees employed by the department.
(b) If the department increases fees under subsection (1), the
increase shall be effective for that fiscal year. The increased
fees shall be used by the department as the basis for calculating
fee increases in subsequent fiscal years.
(c) By August 1 of each year, the department shall provide to
the director of the department of management and budget and the
chairpersons of the appropriations committees of the senate and
house of representatives a complete schedule of fees to be
collected under this section for the following fiscal year.
(3) An initial or renewal carpenter contractor's license
issued under this act expires on April 30 every third year after
April 30 of the year after the effective date of this act and is
renewable not later than June 30 upon application and payment of
the license fees prescribed in this section. For a person applying
for an initial or reinstatement carpenter contractor's license at a
time other than between April 30 and June 30 of the year in which
the department issues renewal licenses, the department shall
compute and charge the license fee on a yearly pro rata basis
beginning in the year of the application until the last year of the
3-year license cycle. All licenses not renewed are void and may be
reinstated only upon application for reinstatement and the payment
of the license fee. A person who renews his or her license within 3
years after the license is voided pursuant to this section is not
subject to reexamination for the license.
(4) The department shall issue an initial or renewal license
not later than 90 days after the applicant files a completed
application. Receipt of the application is considered the date the
application is received by any agency or department of the state of
Michigan. If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available, within 30 days
after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The 90-day
period is tolled upon notification by the department of a
deficiency until the date the requested information is received by
the department. The determination of the completeness of an
application does not operate as an approval of the application for
the license and does not confer eligibility of an applicant
determined otherwise ineligible for issuance of a license.
(5) All fees and money received by the department for the
licensing of persons under this act, and any other income received
under this act, shall be paid into the state construction code fund
created by section 22 of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1522.
(6) If a license or registration is lost or destroyed, a new
license or registration shall be issued without examination, upon
payment of a $20.00 fee and a written statement made by the
licensee or registrant that the license or registration has been
lost or destroyed.
(7) A licensee or registrant shall report a change of address
within 60 days after the change. The failure of a licensee to
notify the department of a change of address does not extend the
expiration date of a license or registration.
(8) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing fees as well as any other information, records, approval,
security, or similar item required by law or rule from a local unit
of government, a federal agency, or a private entity but not from
another department or agency of the state of Michigan.
Sec. 25. (1) The department may investigate the activities of
a licensee related to the licensee's activities as a journey
carpenter or carpenter contractor based upon information and belief
that the licensee has violated this act or a rule promulgated under
this act. The department may hold administrative hearings,
administer oaths, and order relevant testimony to be taken and
shall report its findings to the board. The board shall proceed
under section 33 if the board finds that any of the following
grounds exist:
(a) The practice of fraud or deceit in obtaining a license
under this act.
(b) The practice of fraud or deceit in the performance of work
for which a license is required under this act.
(c) An act of gross negligence.
(d) The practice of false advertising.
(e) An act which demonstrates incompetence.
(f) A violation of the Michigan construction code.
(g) A violation of this act or rule promulgated under this
act.
(2) The department shall conduct a review upon notice that the
licensee has violated the asbestos abatement contractors licensing
act, 1986 PA 135, MCL 338.3101 to 338.3319, and may suspend or
revoke that person's license for a knowing violation of that act.
(3) A revocation, suspension, or other sanction set forth in
subsection (2) or section 35 shall be imposed only after an
opportunity for an administrative hearing pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(4) The installation, alteration, or servicing of carpentry
systems shall not be performed under a license that has been
suspended or revoked or has expired. A license, other than a
license issued under this act, shall not be presented for the
securing of permits to install, alter, or service carpentry
systems.
Sec. 27. (1) If a carpenter contractor is represented by a
licensed journey carpenter who ceases to represent the carpenter
contractor, the carpenter contractor has 30 days thereafter in
which to designate another licensed journey carpenter as the
representative of the carpenter contractor. The carpenter
contractor shall notify the department in writing of the change.
(2) If a carpenter contractor who is represented by a licensed
journey carpenter ceases to do business as a carpenter contractor
and sells his or her business interest to another person, the buyer
has 90 days to designate an employee or officer who is the holder
of a journey carpenter license as the licensee of record for the
licensed carpenter contractor purchasing the business.
Sec. 29. A carpenter contractor licensed under this act who
performs work in a governmental subdivision shall register his or
her license with the enforcing agency that issues permits and
provides inspection services of the carpenter contractor's work.
The registration is valid until the expiration date of the
carpenter contractor's license. Registration shall be granted by
all governmental subdivisions in this state to a carpenter
contractor licensed under this act upon payment of a fee not to
exceed $15.00.
Sec. 31. A person licensed or registered under this act who
commits a violation of this act, or a person not licensed or
registered under this act who is performing any activity regulated
by this act and is not exempt from licensure or registration under
this act, is guilty of a misdemeanor punishable by a fine of not
less than $1,000.00 per day for each day the violation occurs
except that a fine shall not exceed $5,000.00 in total per
violation or punishable by imprisonment for not more than 93 days,
or both. A second or subsequent violation is punishable by a fine
of not less than $2,000.00 per day for each day the violation
occurs except that a fine shall not exceed $10,000.00 in total per
violation.
Sec. 33. After finding the existence of 1 or more of the
grounds for board action described in section 25(1) and after
having provided an opportunity for a hearing, the board, except as
provided in section 25(2), shall impose 1 or more of the following
sanctions on the license issued under this act for each violation:
(a) Suspension.
(b) Denial.
(c) Revocation.
(d) Limitation.
(e) A requirement that restitution be made.
(f) An administrative fine of not more than $1,000.00 for a
first offense and $2,000.00 for a second or subsequent offense.
Sec. 35. If restitution is required to be made under section
33, the department may suspend the license of the person required
to make the restitution until restitution is made.
Sec. 37. This act takes effect 12 months after the date it is
enacted into law.
