September 10, 2008, Introduced by Rep. Farrah and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2401 (MCL 339.2401), as amended by 1991 PA 166.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2401. As used in this article:
(a) "Residential builder" means a person engaged in the
construction of a residential structure or a combination
residential and commercial structure who, for a fixed sum, price,
fee, percentage, valuable consideration, or other compensation,
other than wages for personal labor only, undertakes with another
or offers to undertake or purports to have the capacity to
undertake with another for the erection, construction, replacement,
repair, alteration, or an addition to, subtraction from,
improvement, wrecking of, or demolition of, a residential structure
or combination residential and commercial structure; a person who
manufactures, assembles, constructs, deals in, or distributes a
residential or combination residential and commercial structure
which is prefabricated, preassembled, precut, packaged, or shell
housing; or a person who erects a residential structure or
combination residential and commercial structure except for the
person's own use and occupancy on the person's property.
(b) "Residential maintenance and alteration contractor" means
a person who, for a fixed sum, price, fee, percentage, valuable
consideration, or other compensation, other than wages for personal
labor only, undertakes with another for the repair, alteration, or
an addition to, subtraction from, improvement of, wrecking of, or
demolition of a residential structure or combination residential
and commercial structure, or building of a garage, or laying of
concrete on residential property, or who engages in the purchase,
substantial rehabilitation or improvement, and resale of a
residential structure, engaging in that activity on the same
structure more than twice in 1 calendar year, except in the
following instances:
(i) If the work is for the person's own use and occupancy.
(ii) If the rehabilitation or improvement work of residential
type property or a structure is contracted for, with, or hired
entirely to be done and performed for the owner by a person
licensed under this article.
(iii) If work is performed by a person employed by the owner to
perform work for which the person is licensed by the state.
(c) "Residential structure" means a premises used or intended
to be used for a residence purpose and related facilities
appurtenant to the premises, used or intended to be used, as an
adjunct of residential occupancy.
(d) "Salesperson" means an employee or agent, other than a
qualifying officer, of a licensed residential builder or
residential maintenance and alteration contractor, who for a
salary, wage, fee, percentage, commission, or other consideration,
sells or attempts to sell, negotiates or attempts to negotiate,
solicits for or attempts to solicit for, obtains or attempts to
obtain a contract or commitment for, or furnishes or attempts or
agrees to furnish, the goods and services of a residential builder
or
residential maintenance and alteration contractor. , except a
Salesperson does not include either or both of the following:
(i) A person working for a licensed residential builder or
residential maintenance and alteration contractor who makes sales
which are occasional and incidental to the person's principal
employment.
(ii) A person working for a retail building material supply
business who does any of the following:
(A) Sells uninstalled building materials.
(B) Sells building materials and extends service to the
customer, upon request, by providing a list, website listing, or
business cards of licensed residential builders or residential
maintenance and alteration contractors in the area who regularly
install building materials under circumstances where that person
does not receive a commission, fee, or other compensation from
those licensed residential builders and residential maintenance and
alteration contractors.
(C) Sells building materials as part of a manufacturer's or
vendor's program necessitating installation to be performed by that
manufacturer or vendor for safety, technical, or specialization
purposes and includes the price of installation in the retail
product, resulting in a pass-through transaction where direct
compensation from the manufacturer or vendor to the seller does not
occur.
(e) "Wages" means money paid or to be paid on an hourly or
daily basis by an owner, lessor, or occupant of a residential
structure or combination residential and commercial structure as
consideration for the performance of personal labor on the
structure by a person who does not perform or promise to perform
the labor for any other fixed sum, price, fee, percentage, valuable
consideration, or other compensation and who does not furnish or
agree to furnish the material or supplies required to be used in
the performance of the labor or an act defined in subdivision (a)
or (b).