SENATE BILL NO. 452
July 20, 2023, Introduced by Senator HERTEL and referred to the Committee on Regulatory
Affairs.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending section 8a (MCL 125.1508a), as added by 1999 PA 245.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 8a. (1) This act and the code apply throughout the this
2 state.
3 (2) Within 10 days after the effective date of this
4 subsection, December 28, 1999, the director shall provide a notice
5 of intent form to all governmental subdivisions administering and
6 enforcing a nationally recognized model code other than the code
7 established by the commission under this act. This The notice of
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1 intent form shall must set forth the date the return receipt is
2 required , which and that date shall must not be less than 60 days
3 after receipt of the notice of intent form. The chief elected
4 official of the governmental subdivision that receives this the
5 notice of intent form shall indicate on the notice of intent form
6 the intention of the governmental subdivision as to whether it
7 shall administer and enforce the code and transmit this the notice
8 of intent form to the director within the prescribed period. If a
9 governmental subdivision fails to submit a notice of intent form
10 that indicates that the governmental subdivision intends to
11 administer and enforce the code within the date set forth in the
12 notice of intent form, the director shall send a notice of intent
13 form by registered mail to the clerk of that governmental
14 subdivision. The registered notice shall of intent form must
15 indicate that the governmental subdivision has 15 additional days
16 in which to submit a notice of intent form that indicates that the
17 governmental subdivision intends to administer and enforce the
18 code. If the governmental subdivision does not respond by the end
19 of the 15 additional days, it shall be is conclusively presumed
20 that the governmental subdivision does not intend to administer and
21 enforce the code, and the director shall assume the responsibility
22 for administering and enforcing this act and the code in that
23 governmental subdivision, unless the county within which that
24 governmental subdivision is located has submitted a notice of
25 intent form that indicates that the county intends to continue to
26 administer and enforce this act and the code. Governmental
27 subdivisions may provide by agreement for joint enforcement of the
28 code.
29 (3) A governmental subdivision that has elected to assume
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1 responsibility for the administration and enforcement of this act
2 and the code, and has submitted a notice of intent form that
3 indicates that it intends to continue to administer and enforce the
4 code to the director pursuant to under section 8b, after the
5 effective date of this subsection, December 28, 1999, may reverse
6 that election.
7 (4) A governmental subdivision that, before the effective date
8 of this subsection, December 28, 1999, has elected to exempt itself
9 pursuant to under former section 8(1) may reverse that election,
10 making itself subject to the act and the code. However, that action
11 shall must not take effect until 60 days after passage of an
12 ordinance to that effect. A structure commenced under an effective
13 code shall must be completed under that code.
14 (5) A governmental subdivision that, before the effective date
15 of this subsection, December 28, 1999, has not administered and
16 enforced either this act and the code or another nationally
17 recognized model code may elect to enforce this act and the code
18 pursuant to under subsection (1) by the passage of an ordinance to
19 that effect. A governmental subdivision that makes this election
20 after the effective date of this subsection December 28, 1999 shall
21 submit, in addition to the ordinance, an application to the
22 commission for approval to administer and enforce that code within
23 its jurisdiction. This The application shall must be made on the
24 proper form to be provided by the commission. The standards for
25 approval shall must include, but are not be limited to, the
26 certification by the governmental subdivision that the enforcing
27 agency is qualified by experience or training to administer and
28 enforce the code and all related acts and rules, that agency
29 personnel are provided as necessary, administrative services are
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1 provided, plan review services are provided, and timely field
2 inspection services shall must be provided. The director shall seek
3 additional information if the director considers it necessary. The
4 commission shall render a decision on the application for approval
5 to administer and enforce the code that has been adopted and
6 transmit its findings to that governmental subdivision within 90
7 days of receipt of the application. The commission shall document
8 its reasons if the commission disapproves an application. A
9 governmental subdivision that receives a disapproval may resubmit
10 its application for approval. Upon On receipt of approval from the
11 commission for the administration and enforcement of the code, the
12 governmental subdivision shall administer and enforce the code
13 within its jurisdiction pursuant to under the provisions of its
14 approved application.
15 (6) The code or any of its sections shall take effect 6 months
16 after the code's initial promulgation. The 6-month delay does not
17 apply to rules promulgated to implement sections 13a, 13b, 13c, 19,
18 and 21 and the requirements of barrier free design and energy
19 conservation of this act and code. The 6-month delay does not apply
20 to amendments to the code or any of the code's sections after the
21 initial promulgation.
22 (7) The standards for premanufactured housing shall must not
23 be less than the standards required for nonpremanufactured housing,
24 except that manufactured homes labeled pursuant to under the
25 national manufactured housing construction and safety standards act
26 of 1974, title VI of the housing and community development act of
27 1974, Public Law 93-383, 42 U.S.C. USC 5401 to 5426, shall must be
28 considered to have complied with this requirement.
29 (8) The commission may limit the application of a part of the
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1 code to include or exclude the following:
2 (a) Specified classes or types of buildings or structures,
3 according to use, or other distinctions as may make differentiation
4 or separate classification or regulation necessary, proper, or
5 desirable. The commission shall consider the specific problems of
6 the construction or alteration of a single family, owner-occupied
7 recreational dwelling that is located in a sparsely populated area
8 and that is to be occupied on a part-time basis.
9 (b) Specified areas of the state based on size, population
10 density, special conditions prevailing in the area, or other
11 factors as may make differentiation or separate classification or
12 regulation necessary, proper, or desirable.
13 (9) A building or structure that has baby changing stations in
14 the women's restrooms shall must have baby changing stations in the
15 men's restrooms.
16 (10) The code shall must provide, where appropriate, for
17 standards involving location and construction of ratwalls rat walls
18 that are not less than those standards in existence on the
19 effective date of this section.December 28, 1999.
20 (11) This act, the code, an ordinance provision enacted
21 pursuant to this act or the code, or a construction regulation may
22 not prohibit or otherwise limit the use of a refrigerant designated
23 as acceptable under 42 USC 7671k, if the equipment containing the
24 refrigerant is listed and installed in accordance with the safety
25 standards and use conditions imposed pursuant to 42 USC 7671k. This
26 subsection does not apply after December 31, 2026.
OOI Final Page S01461'23 *


Statutes affected:
Senate Introduced Bill: 125.1508