Bill Text: MI SB0975 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Construction; code; issuance of certain permits to certain persons; clarify as to interior designers. Amends sec. 2a of 1972 PA 230 (MCL 125.1502a) & adds sec. 10a. TIE BAR WITH: SB 0974'09

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2009-11-05 - Referred To Committee On Commerce And Tourism [SB0975 Detail]

Download: Michigan-2009-SB0975-Introduced.html

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SENATE BILL No. 975

 

 

November 5, 2009, Introduced by Senators BASHAM, BIRKHOLZ, BARCIA, OLSHOVE and CLARKE and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1972 PA 230, entitled

 

"Stille-DeRossett-Hale single state construction code act,"

 

by amending section 2a (MCL 125.1502a), as added by 1999 PA 245,

 

and by adding section 10a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) As used in this act:

 

     (a) "Agricultural or agricultural purposes" means of, or

 

pertaining to, or connected with, or engaged in agriculture or

 

tillage which is characterized by the act or business of

 

cultivating or using land and soil for the production of crops for

 

the use of animals or humans, and includes, but is not limited to,

 

purposes related to agriculture, farming, dairying, pasturage,

 

horticulture, floriculture, viticulture, and animal and poultry

 

husbandry.

 

     (b) "Application for a building permit" means an application

 

for a building permit submitted to an enforcing agency pursuant to

 

this act and plans, specifications, surveys, statements, and other

 

material submitted to the enforcing agency together or in

 

connection with the application.

 

     (c) "Barrier free design" means design complying with legal

 

requirements for architectural designs which eliminate the type of

 

barriers and hindrances that deter persons with disabilities from

 

having access to and free mobility in and around a building or

 

structure.

 

     (d) "Board of appeals" means the construction board of appeals

 

of a governmental subdivision provided for in section 14.

 

     (e) "Boards" means the state plumbing board created in section

 

13 of the state plumbing act, 2002 PA 733, MCL 338.3523, board of

 

mechanical rules created in section 3 of the Forbes mechanical

 

contractors act, 1984 PA 192, MCL 338.973, and electrical

 

administrative boards board created in section 2 of the electrical

 

administrative act, 1956 PA 217, MCL 338.882, and the barrier free

 

design board created in section 5 of 1966 PA 1, MCL 125.1355.

 

     (f) "Building" means a combination of materials, whether

 

portable or fixed, forming a structure affording a facility or

 

shelter for use or occupancy by persons, animals, or property.

 

Building does not include a building, whether temporary or

 

permanent, incidental to the use for agricultural purposes of the

 

land on which the building is located if it is not used in the

 

business of retail trade. Building includes the meaning "or a part

 

or parts of the building and all equipment in the building " unless

 

the context clearly requires a different meaning.

 

     (g) "Building envelope" means the elements of a building which

 

that enclose conditioned spaces through which thermal energy may be

 

transferred to or from the exterior.

 

     (h) "Business day" means a day of the year, exclusive of a

 

Saturday, Sunday, or legal holiday.

 

     (i) "Chief elected official" means the chairperson of the

 

county board of commissioners, the city mayor, the village

 

president, or the township supervisor.

 

     (j) "Code" means the state construction code provided for in

 

section 4 or a part of that code of limited application and

 

includes a modification of or amendment to the code.

 

     (k) "Commission" means the state construction code commission

 

created by section 3 3a.

 

     (l) "Construction" means the construction, erection,

 

reconstruction, alteration, conversion, demolition, repair, moving,

 

or equipping of buildings or structures.

 

     (m) "Construction regulation" means a law, act, rule,

 

regulation, or code, general or special, or compilation thereof,

 

enacted or adopted before or after January 1, 1973, by this state

 

including a department, board, bureau, commission, or other agency

 

thereof, relating to the design, construction, or use of buildings

 

and structures and the installation of equipment in the building or

 

structure. Construction regulation does not include a zoning

 

ordinance or rule issued pursuant to a zoning ordinance and related

 

to zoning.

 

     (n) "Cost-effective", in reference to section 4(3)(f) and (g),

 

means, using the existing energy efficiency standards and

 

requirements as the base of comparison, the economic benefits of

 

the proposed energy efficiency standards and requirements will

 

exceed the economic costs of the requirements of the proposed rules

 

based upon an incremental multiyear analysis. All of the following

 

provisions apply:

 

     (i) The analysis shall take into consideration the perspective

 

of a typical first-time home buyer.

 

     (ii) The analysis shall consider benefits and costs over a 7-

 

year time period.

 

     (iii) The analysis shall not assume fuel price increases in

 

excess of the assumed general rate of inflation.

 

     (iv) The analysis shall assure that the buyer of a home who

 

qualifies to purchase the home before the addition of the energy

 

efficient standards would still qualify to purchase the same home

 

after the additional cost of the energy-saving construction

 

features.

 

     (v) The analysis shall assure that the costs of principal,

 

interest, taxes, insurance, and utilities will not be greater after

 

the inclusion of the proposed cost of the additional energy-saving

 

construction features required by the proposed energy efficiency

 

rules as opposed to the provisions of the existing energy

 

efficiency rules.

 

     (o) "Department" means the department of consumer and industry

 

services energy, labor, and economic growth.

 

     (p) "Director" means the director of the department or an

 

authorized representative of the director.

 

     (q) "Energy conservation" means the efficient use of energy by

 

providing building envelopes with high thermal resistance and low

 

air leakage, and the selection of energy efficient mechanical,

 

electrical service, and illumination systems, equipment, devices,

 

or apparatus.

 

     (r) "Enforcing agency" means the enforcing agency, in

 

accordance with section 8a or 8b, which is responsible for

 

administration and enforcement of the code within a governmental

 

subdivision, except for the purposes of section 19 enforcing agency

 

means the agency in a governmental unit principally responsible for

 

the administration and enforcement of applicable construction

 

regulations.

 

     (s) "Equipment" means plumbing, heating, electrical,

 

ventilating, air conditioning, and refrigerating equipment.

 

     (t) "Governmental subdivision" means a county, city, village,

 

or township which in accordance with section 8 8a has assumed

 

responsibility for administration and enforcement of this act and

 

the code within its jurisdiction.

 

     (u) "Mobile home" means a vehicular, portable structure built

 

on a chassis pursuant to the national manufactured housing

 

construction and safety standards act of 1974, title VI of the

 

housing and community development act of 1974, Public Law 93-383,

 

42 U.S.C. USC 5401 to 5426, and designed to be used without a

 

permanent foundation as a dwelling when connected to required

 

utilities and which that is, or is intended to be, attached to the

 

ground, to another structure, or to a utility system on the same

 

premises for more than 30 consecutive days.

 

     (v) "Other laws and ordinances" means other laws and

 

ordinances whether enacted by this state or by a county, city,

 

village, or township and the rules issued under those laws and

 

ordinances.

 

     (w) "Owner" means the owner of the freehold of the premises or

 

lesser estate in the premises, a mortgagee or vendee in possession,

 

an assignee of rents, receiver, executor, trustee, lessee, or any

 

other person, sole proprietorship, partnership, association, or

 

corporation directly or indirectly in control of a building,

 

structure, or real property or his or her duly authorized agent.

 

     (x) "Person with disabilities" means an individual whose

 

physical characteristics have a particular relationship to that

 

individual's ability to be self-reliant in the individual's

 

movement throughout and use of the building environment.

 

     (y) "Premanufactured unit" means an assembly of materials or

 

products intended to comprise all or part of a building or

 

structure, and which that is assembled at other than the final

 

location of the unit of the building or structures by a repetitive

 

process under circumstances intended to insure uniformity of

 

quality and material content. Premanufactured unit includes a

 

mobile home.

 

     (z) "Registered design professional" means an individual

 

licensed under article 20 or 28 of the occupational code, 1980 PA

 

299, MCL 339.2001 to 339.2014 and 339.2801 to 339.2819.

 

     (aa) (z) "Structure" means that which is built or constructed,

 

an edifice or building of any kind, or a piece of work artificially

 

built up or composed of parts joined together in some definite

 

manner. Structure does not include a structure incident to the use

 

for agricultural purposes of the land on which the structure is

 

located and does not include works of heavy civil construction

 

including, but not limited to, a highway, bridge, dam, reservoir,

 

lock, mine, harbor, dockside port facility, an airport landing

 

facility and facilities for the generation or transmission, or

 

distribution of electricity. Structure includes the meaning "or a

 

part or parts of the structure and all equipment in the structure "

 

unless the context clearly requires a different meaning.

 

     (2) Unless the context clearly indicates otherwise, a

 

reference to this act, or to this act and the code, means this act

 

and rules promulgated pursuant to this act including the code.

 

     Sec. 10a. (1) When required by codes adopted under this act,

 

the construction documents for new construction, alteration,

 

repair, expansion, addition, or modification for buildings or

 

structures shall be prepared by or under the supervision of a

 

registered design professional licensed under article 20 of the

 

occupational code, 1980 PA 299, MCL 339.2001 to 339.2014. The

 

construction documents shall include the name and address of the

 

architect or professional engineer and shall bear that person's

 

original signature, seal, or stamp and the date.

 

     (2) Interior design documents may be prepared by an interior

 

designer. When an interior designer signs documents, those

 

documents shall bear that person's seal. This subsection authorizes

 

the issuance of a permit to a qualified interior designer for only

 

those activities as described in the interior design documents.

 

     (3) As used in this section:

 

     (a) "Interior designer" means that term as defined in section

 

2801 of the occupational code, 1980 PA 299, MCL 339.2801.

 

     (b) "Interior design documents" means documents reflecting

 

interior design services.

 

     (c) "Interior design services" means that term as defined in

 

section 2801 of the occupational code, 1980 PA 299, MCL 339.2801.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 974                                   

 

            of the 95th Legislature is enacted into law.