March 14, 2006, Introduced by Senators JELINEK, GARCIA, STAMAS, TOY, VAN WOERKOM, HARDIMAN, BIRKHOLZ, BISHOP, KUIPERS, GOSCHKA, CROPSEY and SCHAUER and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1937 PA 306, entitled
"An act to promote the safety, welfare, and educational interests
of the people of the state of Michigan by regulating the
construction, reconstruction, and remodeling of certain public or
private school buildings or additions to such buildings, by
regulating the construction, reconstruction, and remodeling of
buildings leased or acquired for school purposes, and to define the
class of buildings affected by this act; to prescribe the powers
and duties of certain state agencies and officials; to prescribe
penalties for the violation of this act; and to repeal acts and
parts of acts,"
by amending sections 1b, 3, 4, and 5a (MCL 388.851b, 388.853,
388.854, and 388.855a), section 1b as added by 2002 PA 628.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1b. (1) Except as otherwise provided in subsection (5)
this act, the department is responsible for the administration and
enforcement of this act and the Stille-DeRossett-Hale single state
construction
code act, of 1972, 1972 PA 230, MCL 125.1501
to
125.1531, in each school building in this state.
(2) Except as provided in subsection (5), a school building
covered by bond issues that were approved by the department of
treasury after July 1, 2003 shall not be constructed, remodeled, or
reconstructed in this state until written approval of the plans and
specifications is obtained from the department indicating that the
school building will be designed and constructed in conformance
with the code. This subsection does not apply to any school
building for which construction is covered by bond issues that were
approved by the department of treasury before July 1, 2003.
(3) Responsibility for inspections of school buildings shall
be determined by 1 of the following methods:
(a) By an independent third party designated in the contract
governing the construction, remodeling, or reconstruction of a
school building. The independent third party shall be responsible
for all inspections required to insure compliance with the code.
The school authority shall verify that the independent third party
named is knowledgeable about construction practices and codes and
is otherwise qualified to conduct the inspections. The name of the
independent third party to be responsible for conducting
inspections shall be submitted to the department with the plans and
specifications required by subsection (2). If the department
determines that the independent third party is not qualified to
conduct the inspections or is not an independent third party, it
shall disapprove of the designation and notify the school
authority. All inspection reports prepared by the person designated
by the school authority under this subdivision shall be sent to the
department upon completion of the inspection. The department may
return the report for further work if there are questions relating
to the scope of the inspection or whether the construction,
remodeling, or reconstruction meets the requirements of the code.
(b) If a designation of an independent third party is not made
as required under subdivision (a), the inspections required to
insure compliance with the code will be performed by the department
or as provided under subsection (5).
(4) Except as provided in subsection (5), the department shall
perform for school buildings all plan reviews within 60 days from
the date the plans are filed or considered approved and inspections
within 5 business days as required by the code and shall be the
enforcing agency for this act.
(5) The department shall delegate the responsibility for the
administration and enforcement of this act to the applicable agency
if both the school board and the governing body of the governmental
subdivision have annually certified to the department, in a manner
prescribed by the department, that full-time code officials,
inspectors, and plan reviewers registered under the building
officials and inspectors registration act, 1986 PA 54, MCL 338.2301
to 338.2313, will conduct plan reviews and inspections of school
buildings.
(6) This section does not affect the responsibilities of the
department
bureau of fire services under the fire prevention code,
1941 PA 207, MCL 29.1 to 29.34. The bureau of construction codes
and
safety and the office of fire
safety bureau of fire
services
in the department shall jointly develop procedures to use the plans
and specifications submitted in carrying out the requirements of
this act and the fire prevention code, 1941 PA 207, MCL 29.1 to
29.34. A certificate of occupancy shall not be issued by the
appropriate code enforcement agency until a certificate of approval
has been issued under the fire prevention code, 1941 PA 207, MCL
29.1 to 29.34.
(7) This section applies to construction, remodeling, or
reconstruction of school buildings that are covered by bond issues
that were approved by the department of treasury after July 1,
2003. Construction, remodeling, or reconstruction of school
buildings that are covered by bond issues approved before July 1,
2003 shall submit the plans and specifications to the department
for approval under section 1. The department shall not grant
approval until it has received the certification described in
section 3 relative to fire safety and from the appropriate health
department relative to water supply, sanitation, and food handling.
(8) As used in this section:
(a) "Code" means the state construction code provided for in
the Stille-DeRossett-Hale single state construction code act, 1972
PA 230, MCL 125.1501 to 125.1531.
(b)
"Construction" shall have the same meaning as means that
term
is as defined under in section 2a of the
Stille-DeRossett-
Hale single state construction code act, 1972 PA 230, MCL
125.1502a.
(c)
"Department" means the department of consumer and
industry
services labor and economic
growth.
Sec.
3. (1) Except as hereinafter provided in subsection
(2), the state fire marshal bureau of fire services created in
section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b,
shall
inspect any a
school building to determine whether or
not
the
its construction
thereof complies
with the provisions of
this
act. Each building shall be inspected by the state fire
marshal
The bureau of fire services shall
inspect each building at
least
twice during construction, 1 inspection to be made of once
to
inspect the frame
work framework of the building prior to
before
plastering and 1
inspection shall be made once
on the
completion
of the building. The architect person
supervising
construction
of the school building shall notify the
state fire
marshal
bureau of fire services when the building is ready for
inspection. With
respect to such inspections, In
making an
inspection
under this subsection, the state
fire marshal shall
have
bureau of fire services has the same powers
as set
forth
in Act
No. 207 of the Public Acts of 1941, as amended, being
sections
29.1 to 29.25 of the Compiled Laws of 1948 the fire
prevention code, 1941 PA 207, MCL 29.1 to 29.34.
(2)
The state fire marshal shall bureau
of fire services is
not be
required to inspect or make any
a determination of fire
safety
in any an
existing school building insofar
as in
relation
to operation, maintenance, remodeling,
or repairs, for
fire
safety is concerned, nor shall he be required or to
inspect
any
a school building to determine whether or
not its
construction
complies with this act, if such the
school building
is located in a municipality where both the school board and the
governing
body of the municipality in which such a school is
located
have certified to the state superintendent
of public
instruction,
in a manner prescribed by him the
superintendent,
that the fire safety inspections and fire safety measures for the
schools located in the municipality are provided for by a municipal
code
or ordinance that is administered and enforced
by a full-
time fire prevention and safety department, division, or bureau
maintained
by the municipality and are satisfactory to both such
the
school board and the governing
body. Either such the
school
board
or the governing body may rescind the certification. Before
such
A certification can under this subsection shall not be
submitted to or accepted by the superintendent of public
instruction ,
or such certification accepted by him, unless the
municipality shall
first receive has received from the state
fire
safety board, bureau of fire
services written attestation to
the
effect that (a) the municipality has an ordinance or code
for fire protection in schools equal to the minimum state
requirements ,
and (b) the municipality has a
full-time fire
prevention
inspection service having with
a qualified program of
school plan review and inspection. The state fire safety board
shall act
as a hearing body in accordance with Act No. 197 of the
Public
Acts of 1952, as amended, to review and render decisions on
any
contested case when properly appealed to hear and decide an
appeal from a decision made under this section as a contested case
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. After a hearing, the board, acting in accordance
with its statutory authority and provisions, may vary the
application of any school fire safety rule or may modify the ruling
or
interpretation of the municipality municipal enforcing
authority when
in its opinion if the board
decides that the
enforcement would do manifest injustice and would be contrary to
the public interest. A decision of the board to vary the
application of any fire safety rule, or to modify or change a
ruling of the municipal enforcing authority, shall specify in what
manner the variation, modification, or change is made, the
conditions
upon which it is made, and the reasons
therefore for
the variation, modification, or change.
Sec.
4. The license or registration of
any an architect
or
engineer
convicted of violating any of the provisions of this
act
shall
be revoked. Any A
school officer, or
member of
any a
school
board, or other person neglecting or refusing who neglects
or
refuses to do or perform any act
required of him by this act,
or violating
who violates or knowingly
permitting or consenting
permits
or consents to any violation of the
provisions of this
act, shall
be deemed is guilty of a misdemeanor and
on
conviction
shall be punished punishable
by a fine not exceeding
of
not more than $500.00 or by
imprisonment
in the county jail
not
exceeding for not more than 3 months, or
by both. such
fine
and
imprisonment in the discretion of the court. Any violation of
this
act may be enjoined in a proceeding instituted an action
brought
by the state fire marshal, such
proceedings to be brought
bureau of fire services created in section 1b of the fire
prevention
code, 1941 PA 207, MCL 29.1b, in the
circuit court in
chancery
in for the county in which said the school
buildings
are or will be situated.
Sec.
5a. (1) Except as
hereinafter provided the
provisions
of
in this section, this act
shall does not
apply to 1-story
school
buildings, or to 1-story additions thereto nor shall it
apply,
except as hereinafter provided to
school buildings, or to
the
construction, reconstruction, or remodeling of any a school
building where
if the total cost of such construction,
reconstruction, or remodeling is less than $15,000.00.
(2) Subdivision
(a) of section 1 of this act shall apply
Section 1(a) applies to the construction of all school buildings
and additions to school buildings regardless of the number of
stories
of such the
buildings or additions where
if the total
cost
of such construction
shall exceed exceeds $15,000.00.
(3) Subdivision
(d) of section 1 shall apply Section
1(d)
applies
to the construction of all school
buildings and additions
thereto
to school buildings of 1 or more stories regardless of the
cost
of their construction.
(4) The
provisions of this act shall also apply This act
applies to the reconstruction of a school building destroyed or
partially destroyed by fire, windstorm, or other catastrophe if
more
than 50% per cent of the entire building is so
destroyed.
The
state fire marshal bureau
of fire services created in section
1b of the fire prevention code, 1941 PA 207, MCL 29.1b, acting
jointly with the superintendent of public instruction, may require
that
the damaged portion and/or or
the remaining portion of the
building, or both, be remodeled or reconstructed in accordance with
the
provisions of this act.
(5) This act
shall also apply applies to
the remodeling of
existing school buildings and other buildings to be used for school
purposes.
(6) No
An existing building or part of an existing building,
regardless
of the number of its stories or
its the cost
to the
school
district which of
the building, that has not had
prior
use
been used as a school building shall be
so used until such
use
shall have been not be used
as a school building unless it is
approved
by the superintendent of public instruction and the state
fire
marshal bureau of fire
services.
(7) For
all If the construction, reconstruction, or
remodeling
of a school
buildings where the total cost is building
costs
less than $15,000.00, it shall
is not be necessary
that
to
employ a registered architect or
engineer, be employed but the
plans
for such buildings the building shall be
submitted to the
state
fire marshal bureau of fire
services and to the
superintendent
of public instruction or his the
superintendent's
authorized agent for criticism, suggestions, and approval.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1133
of the 93rd Legislature is enacted into law.