Bill Text: MI SB0214 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Occupations; construction; registration of residential carpenters; require under certain circumstances. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-02-11 - Referred To Committee On Commerce And Tourism [SB0214 Detail]
Download: Michigan-2009-SB0214-Introduced.html
SENATE BILL No. 214
February 11, 2009, Introduced by Senators GLEASON and RICHARDVILLE and referred to the Committee on Commerce and Tourism.
A bill to regulate certain individuals engaged in residential
carpentry; to provide for certain powers and duties of certain
state departments and agencies; to impose fees and provide for
remedies and penalties; and to promulgate rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"residential carpenter registration act".
Sec. 3. As used in this act:
(a) "Carpentry" means activity on a residential 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. 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.
(b) "Department" means the department of energy, labor, and
economic growth.
(c) "Farm structure" means a farm building and its
appurtenances, a green house, a fence, or structure used for the
production or care of farm plants and animals.
(d) "Residential carpenter" means an individual engaged in
carpentry on a residential structure.
(e) "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.
Sec. 5. (1) An individual shall not engage in the business of,
or act as, a residential carpenter unless registered by the
department under this act or unless exempt from registration under
this act under subsection (2).
(2) Notwithstanding subsection (1), an individual who engages,
in whole or in part, in the activities of a residential carpenter
is exempt from registration under the following circumstances:
(a) The individual engages in or performs carpentry activities
pursuant to a license or registration issued under another act
where the carpentry activities are incidental to the scope of
practice of that other act.
(b) The individual engages in non-owner-occupied carpentry in
residential structures involving carpentry work not in excess of
$600.00.
(c) The individual engages in or performs carpentry activities
for a charitable purpose.
(d) The individual is licensed or registered under the
commercial carpentry licensure act and engages in or performs
carpentry activities.
(e) An individual and a friend or relative of that individual
engage in carpentry on property owned by that individual, or that
upon completion becomes the individual's place of residence, so
long as he or she does not hold himself or herself out as a
registered carpenter. In such case, the owner or prospective owner
must, upon the application for the permit, affirm ownership and
occupancy upon completion. Any friend or relative helping the owner
must not be doing so for wages or compensation. The owners shall
apply for and obtain the appropriate permits and obtain the
required inspections.
(3) A person shall not use the term "registered carpenter"
unless registered under this act.
Sec. 7. (1) An individual seeking registration under this act
to act as a registered carpenter shall apply to the department in a
manner prescribed by the department and pay the 3-year registration
fee of $15.00, and otherwise demonstrate qualification under
subsection (2). The department shall issue the registration for a
term of 3 years.
(2) An individual employed by a residential builder or
alteration and maintenance contractor as a residential carpenter
shall register with the department within 30 days of employment.
The department shall register an individual who demonstrates to the
department, on a form provided by the department, proof of
employment. An applicant is not required to demonstrate any
experience in carpentry, passage of any examination, or having
attained any educational level.
(3) The department shall issue the registration for a term of
3 years from the date of issuance.
(4) The department shall deposit any fees or other money it
receives under this act into the state construction code fund
created under section 22 of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1522.
(5) A registrant shall report any change of address within 60
days after that change. The failure of a registrant to notify the
department of the change of address does not extend the expiration
date of a registration.
Sec. 9. (1) The department shall issue a card designed for use
as identification of the individual registered under this act. The
card shall indicate the year of registration and shall be not
larger than 3-1/2 inches by 2 inches in size. The card shall state
in boldfaced type or font a statement indicating that the card
represents a carpenter registration and is not a builder's license
qualifying the person to perform construction on a person's home.
(2) An individual registered under this act shall carry the
identification card described in this section at all times while
engaged in activity that is subject to registration under this act
and shall also carry not less than 1 piece of identification
containing the individual's picture. The individual, upon request
of an inspector, enforcement agent, or department representative,
shall produce the identification card described in this section as
well as the picture identification. An individual who fails to
produce the card described in this section is not considered in
violation of this section if he or she produces the card within 24
hours after being requested by an authorized person and presents it
to the local enforcing agency or department. Failure to produce any
identification upon the request of an inspector, enforcement agent,
or department representative shall be considered a violation of
this act by the residential contractor supervising the jobsite.
(3) The department, on its website or under any other
circumstance, shall only disclose the name, registration number,
and date of registration of a registrant under this act and shall
not disclose the registrant's home address or business address,
which information is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. However, this
subsection does not prevent the department from disclosing a
disciplinary final order or judgment.
Sec. 11. (1) The department may investigate the activities of
a registrant related to the registrant's activities as a carpenter.
The department may conduct an administrative hearing under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, as part of the investigation.
(2) The department may issue an appropriate sanction described
in subsection (3) for fraud and deceit in obtaining or maintaining
a registration under this act or for a violation of this act or any
rules promulgated under this act.
(3) The department may revoke or suspend the registration
issued under this act for an egregious violation of this act, or
rules adopted under this act, by the registrant, or may impose an
administrative fine of at least $50.00 but not to exceed $200.00
for any other violation.
Sec. 13. The department may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to enforce and administer this act.
Sec. 15. This act takes effect 12 months after the date it is
enacted into law.
