February 3, 2005, Introduced by Rep. Stakoe and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1986 PA 54, entitled
"Building officials and inspectors registration act,"
by amending section 10 (MCL 338.2310).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Performing instructional duties for educational
purposes and providing contractual inspection and consulting
services
in construction code enforcement shall are
not be
considered conflicts of interest.
(2)
An inspector shall not be permitted to inspect his or her
own
work in a governmental subdivision. As used in this subsection
and
subsection (3), "governmental subdivision" means governmental
subdivision
as defined in section 2(1)(t) of the state construction
code
act of 1972, Act No. 230 of the Public Acts of 1972, being
section
125.1502 of the Michigan Compiled Laws.
(2) (3)
A governmental subdivision may
establish additional
requirements
and restrictions in the selection and hiring of
construction
code enforcement building officials, inspectors, and
plan reviewers.
(3) (4)
This act shall does
not be construed to limit
or restrict the type of internal administrative organization an
enforcing
agency may choose , or to and
does not limit or
otherwise affect the authority of the enforcing agency to dismiss
or suspend a building official, inspector, or plan reviewer at its
discretion.
(4) A registrant shall not perform any activities for which he
or she is registered on any project if he or she has a conflict of
interest described in subsection (5).
(5) Each of the following circumstances is considered a
conflict of interest under this section:
(a) A registrant is directly or indirectly connected with a
business in which he or she is employed or acting as an inspector,
plan reviewer, or building official regarding that business.
(b) A registrant has an interest directly or indirectly in any
written or verbal contract affecting the construction of any
building or structure or the furnishing of materials, appliances,
equipment, or labor affecting the construction of the building or
structure.
(c) A registrant has a personal ownership interest in all, or
a portion of, the business entity performing the work in the
construction of a building or structure for which the registrant is
making decisions in the administration and enforcement of codes.
(d) A registrant conducts inspections in a construction
project in which the registrant or the construction company
employing him or her sought work on the construction project.
(6) Within 30 days after a conflict of interest described in
subsection (5) is identified by, or reported to, an enforcing
agency, the enforcing agency shall report the claim of conflict of
interest to the chief elected official of the governmental
subdivision, or his or her designee, and request an investigation
of the claim. Within 30 days after receipt of a report filed under
this subsection, the chief elected official, or his or her
designee, shall conduct an investigation and file a report of the
findings to the bureau of construction codes and fire safety.
(7) If the investigation of the enforcing agency determines
the existence of a conflict of interest described in subsection
(5), the enforcing agency shall remove the registrant from the
responsibility of administering and enforcing the codes on the
specific project in which a conflict of interest has been
determined.
(8) Upon receipt of information by the bureau of construction
codes and fire safety that an enforcing agency has failed to
investigate a facially valid claim of conflict of interest or has
failed to take appropriate action under subsection (7) within 30
days after its receipt, the bureau of construction codes and fire
safety shall conduct a performance evaluation of the enforcing
agency and report its findings in writing to the commission
pursuant to section 9b of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1509b.
(9) If a person alleges that an enforcing agency has failed to
investigate a facially valid claim of conflict of interest or
alleges that the enforcing agency has failed to remove the
registrant from the responsibility of administering and enforcing
codes on a specific project when the enforcing agency had
determined that a conflict of interest exists, that person may file
a complaint with the bureau of construction codes and fire safety
requesting a performance evaluation. Upon the receipt of a facially
valid complaint filed pursuant to this subsection, the bureau of
construction codes and fire safety shall conduct a performance
evaluation and report the finding in writing to the commission.
(10) If the commission determines that an enforcing agency has
failed to investigate a facially valid claim or failed to take
appropriate action against a registrant based upon a determination
of conflict of interest, the commission shall issue a notice of
intent to withdraw code enforcement responsibility from the
enforcing agency on the basis of failure to administer and enforce
the code and this act. An enforcing agency may appeal the decision
of the commission made under this subsection pursuant to the
provisions of the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(11) As used in this section, "governmental subdivision" means
that term as defined in section 2a of the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1502a.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4207(request no.
00169'05 a).
(b) Senate Bill No.____ or House Bill No. 4208(request no.
00169'05 b).
(c) Senate Bill No.____ or House Bill No. 4209(request no.
00169'05 c).