SENATE BILL NO. 452

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:

Sec. 8a. (1) This act and the code apply throughout the this state.

(2) Within 10 days after the effective date of this subsection, December 28, 1999, the director shall provide a notice of intent form to all governmental subdivisions administering and enforcing a nationally recognized model code other than the code established by the commission under this act. This The notice of intent form shall must set forth the date the return receipt is required , which and that date shall must not be less than 60 days after receipt of the notice of intent form. The chief elected official of the governmental subdivision that receives this the notice of intent form shall indicate on the notice of intent form the intention of the governmental subdivision as to whether it shall administer and enforce the code and transmit this the notice of intent form to the director within the prescribed period. If a governmental subdivision fails to submit a notice of intent form that indicates that the governmental subdivision intends to administer and enforce the code within the date set forth in the notice of intent form, the director shall send a notice of intent form by registered mail to the clerk of that governmental subdivision. The registered notice shall of intent form must indicate that the governmental subdivision has 15 additional days in which to submit a notice of intent form that indicates that the governmental subdivision intends to administer and enforce the code. If the governmental subdivision does not respond by the end of the 15 additional days, it shall be is conclusively presumed that the governmental subdivision does not intend to administer and enforce the code, and the director shall assume the responsibility for administering and enforcing this act and the code in that governmental subdivision, unless the county within which that governmental subdivision is located has submitted a notice of intent form that indicates that the county intends to continue to administer and enforce this act and the code. Governmental subdivisions may provide by agreement for joint enforcement of the code.

(3) A governmental subdivision that has elected to assume responsibility for the administration and enforcement of this act and the code, and has submitted a notice of intent form that indicates that it intends to continue to administer and enforce the code to the director pursuant to under section 8b, after the effective date of this subsection, December 28, 1999, may reverse that election.

(4) A governmental subdivision that, before the effective date of this subsection, December 28, 1999, has elected to exempt itself pursuant to under former section 8(1) may reverse that election, making itself subject to the act and the code. However, that action shall must not take effect until 60 days after passage of an ordinance to that effect. A structure commenced under an effective code shall must be completed under that code.

(5) A governmental subdivision that, before the effective date of this subsection, December 28, 1999, has not administered and enforced either this act and the code or another nationally recognized model code may elect to enforce this act and the code pursuant to under subsection (1) by the passage of an ordinance to that effect. A governmental subdivision that makes this election after the effective date of this subsection December 28, 1999 shall submit, in addition to the ordinance, an application to the commission for approval to administer and enforce that code within its jurisdiction. This The application shall must be made on the proper form to be provided by the commission. The standards for approval shall must include, but are not be limited to, the certification by the governmental subdivision that the enforcing agency is qualified by experience or training to administer and enforce the code and all related acts and rules, that agency personnel are provided as necessary, administrative services are provided, plan review services are provided, and timely field inspection services shall must be provided. The director shall seek additional information if the director considers it necessary. The commission shall render a decision on the application for approval to administer and enforce the code that has been adopted and transmit its findings to that governmental subdivision within 90 days of receipt of the application. The commission shall document its reasons if the commission disapproves an application. A governmental subdivision that receives a disapproval may resubmit its application for approval. Upon