Bill Text: MI HB4582 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Occupations; residential builders; prelicensure education requirements for residential builders and contractors; revise. Amends sec. 2404b of 1980 PA 299 (MCL 339.2404b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 175'14 With Immediate Effect [HB4582 Detail]
Download: Michigan-2013-HB4582-Engrossed.html
HB-4582, As Passed House, May 8, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4582
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2404b (MCL 339.2404b), as amended by 2013 PA
169.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2404b. (1) Beginning June 1, 2008, an applicant for
initial licensure either as a residential builder or as a
residential maintenance and alteration contractor must successfully
complete
a the prelicensure course of study as required
requirements
under this subsection to obtain a
license . A licensee
that
unless he or she is exempt
from those requirements under this
section. All of the following apply for purposes of this
subsection:
(a) If an individual who holds a residential builder or a
residential maintenance and alteration contractor license, or an
individual who held a license as a qualifying officer of a licensed
residential builder or residential maintenance and alteration
contractor, on June 1, 2008 and is renewing a license, in
the
capacity
of an individual or qualifying officer, or both, he or she
is exempt from the requirement of successfully completing
prelicensure
courses described in this subsection. Subject to
subsections
(11), (12), and (13), the department shall require an
applicant
who is not exempt under this subsection to
(b) If an individual is applying for a license or relicensure
as a residential builder or residential maintenance and alteration
contractor, he or she is exempt from the requirement of
successfully completing prelicensure courses described in this
subsection if all of the following are met:
(i) His or her application is submitted before the expiration
of the 18-month period beginning on the effective date of the
amendatory act that added this subdivision. This subdivision does
not apply to applications that are submitted after that 18-month
period.
(ii) He or she held an individual license as a residential
builder or residential maintenance and alteration contractor, or
held a license as a qualifying officer of a licensed residential
builder or residential maintenance and alteration contractor, at
any time within the 9-year period preceding his or her application.
(c) Unless he or she is exempt under subdivision (a) or (b),
an applicant shall not receive an initial license under this act
unless
he or she successfully complete completed 60 hours of
approved
prelicensure courses consisting of that include at least 6
hours of courses in each of the following areas of competency:
(i) (a)
Business management, estimating,
and job costing.
(ii) (b)
Design and building science.
(iii) (c)
Contracts, liability, and risk
management.
(iv) (d)
Marketing and sales.
(v) (e)
Project management and scheduling.
(vi) (f)
The current Michigan residential
code.
(vii) (g)
Construction safety standards
promulgated under the
Michigan occupational safety and health act, 1974 PA 154, MCL
408.1001 to 408.1094.
(2)
An individual who receives his or her initial license
under
this article All of the
following apply to an individual
license under this article, as applicable:
(a) Subject to subdivision (b), if the individual licensee
obtained his or her initial license as a residential builder or a
residential maintenance and alteration contractor on or after
January
1, 2009, shall he or she must successfully
complete at
least 21 hours of activities that demonstrate continuing competence
in each 3-year license cycle, including both of the following:
(i) At least 3 hours of
activities demonstrating that
demonstrate continuing competency in each calendar year, during the
first
6 calendar years of licensure. , and 21 hours in each 3-year
time
period after the issuance of his or her license.
(ii) At least 3 hours shall
be devoted to those of activities
designed to develop a licensee's understanding and ability to apply
state building codes and laws relating to the licensed occupation,
safety,
and changes in construction and business management laws. A
licensee
who
(b) If an individual licensee described in subdivision (a) was
exempt from the prelicensure course requirements of subsection (1)
under subsection (1)(b) when he or she obtained his or her initial
license as a residential builder or residential maintenance and
alteration contractor, the hours of activities that he or she must
complete in the first year of his or her first 3-year license cycle
under subdivision (a) must include successful completion of at
least 1 hour of codes, 1 hour of safety, and 1 hour of legal issues
described in this subsection.
(c) If the licensee was initially licensed as a licensed
residential builder or residential maintenance and alteration
contractor, or held a license as a qualifying officer of a licensed
residential builder or residential maintenance and alteration
contractor, before January 1, 2009, he or she has held a license
for not more than two 3-year license cycles, and the department has
not taken disciplinary action against him or her for a violation of
this act or a rule promulgated under this act, he or she must
successfully complete at least 3 hours of activities that
demonstrate continuing competency in each 3-year license cycle that
includes at least 1 hour of codes, 1 hour of safety, and 1 hour of
legal issues described in this subsection.
(d)
If the licensee has held a license for
more than 6 years
or
who has not been the subject of a final order under subsection
(3),
two 3-year license cycles,
and the department has not taken
disciplinary action against him or her for a violation of this act
or a rule promulgated under this act, he or she must successfully
complete at least 3 hours of activities demonstrating continuing
competency in each license cycle that includes 1 hour of codes, 1
hour of safety, and 1 hour of legal issues as described in this
subsection.
(3)
If In addition to the
requirements of subsection (2), if
the
department has determined in a final order that a licensee has
violated
taken disciplinary action
against a licensee for a
violation
of this act or a rule adopted promulgated under this act,
the licensee must successfully complete, during the next complete
license
cycle, up to at least 3
and not more than 21 hours of
activities that demonstrate the development of continuing
competency during that next license cycle as determined appropriate
by
order of the department. , that includes at At least
3 hours of
the continuing competency must include 1 hour of codes, 1 hour of
safety, and 1 hour of legal issues as described in subsection (2).
(4)
As activities that demonstrate the development of
continuing
competency, the education courses described in section
3,
pages 3-6 to 3-58 of the January 2005 edition of the publication
"NAHB
University of Housing, Blueprint for Success", published by
the
national association of home builders, and taught by
instructors
meeting the requirements of section 4, pages 4-5
through
4-9 of the January 2005 edition of "NAHB University of
Housing,
Blueprint for Success", are considered approved, are
considered
appropriate for fulfilling the prelicensure and
continuing
competency requirements of subsections (1), (2), and
(3),
and are incorporated by reference. A licensee may take any
courses
equivalent to those courses incorporated by reference by
this
subsection. Updates to the courses described in this
subsection
or equivalent courses are acceptable unless the
department
determines that the courses do not provide a means of
developing
and maintaining continuing competency for those
applicants
or licensees who successfully fulfill the course
requirements.
Any construction code update
courses approved by the
bureau of construction codes and any fire safety or workplace
safety courses approved or sponsored by the department are also
considered appropriate for fulfilling the continuing competency
requirements
of this subsection. section.
The department may, by
rule, amend, supplement, update, substitute, or determine
equivalency regarding any courses or alternate activities for
developing continuing competency described in this
subsection.section.
(5)
The department may waive the requirement of membership in
a
local, state, or national trade association contained in the
instructor
standards of section 4, pages 4-5 to 4-9 of the January
2005
edition of the publication "NAHB University of Housing,
Blueprint
for Success", published by the national association of
home
builders, and incorporated by reference. By rule, the
department
may amend, supplement, update, substitute, or determine
equivalency
regarding the standards in this subsection and shall
establish
instructor qualifications for courses not incorporated by
reference
in subsection (4).
(5) (6)
The subject matter of the
prelicensure and continuing
competency activities required under this section may be offered by
a high school, an intermediate school district, a community
college, a university, the bureau of construction codes, the
Michigan occupational safety and health administration, a trade
association licensed as a proprietary school by the department, or
a
any other proprietary school that is licensed by the
department.
as
meeting the subject matter qualifications described in
subsection
(4) and the instructional qualifications described in
subsection
(5).
(6) (7)
The department shall promulgate
rules to provide for
the following:
(a) Requirements other than those listed in subsection (4) for
determining that a course meets the minimum criteria for developing
and maintaining continuing competency.
(b) Requirements for acceptable courses offered at seminars
and conventions by trade associations, research institutes, risk
management entities, manufacturers, suppliers, governmental
agencies other than those named in subsection (4), consulting
agencies, or other entities.
(c) Acceptable distance learning.
(d) Alternate forms of continuing competency, including
comprehensive testing, participation in mentoring programs,
research, participation in code hearings conducted by the
international code council, and publication of articles in trade
journals or regional magazines as an expert in the field. The
alternate forms shall be designed to maintain and improve the
licensee's ability to perform the occupation with competence and
shall prescribe proofs that are necessary to demonstrate that the
licensee has fulfilled the requirements of continuing competency.
(7) (8)
Each licensee may select approved
courses in his or
her
subject matter area or specialty. Service A licensee's service
as
a lecturer or discussion leader in an approved course shall be
counted
count toward the his or her continuing
competency
requirements
of under this section. Alternate forms of continuing
competency may be earned and documented as promulgated in rules by
the department.
(8) (9)
The department may audit a
predetermined percentage of
licensees who renew in a year for compliance with the requirements
of this section. Failure to comply with the audit or the
requirements shall result in the investigation of a complaint
initiated by the department, and the licensee is subject to the
penalties prescribed in this act.
(9) (10)
A Before the effective date
of the amendatory act
that added subsection (10), a licensed residential builder or
residential alteration and maintenance contractor may apply for
inactive status by completing an application, made available by the
department, in which he or she declares that he or she is no longer
actively engaged in the practice authorized by his or her license
and temporarily intends to suspend activity authorized by his or
her license. If a completed application is submitted, the
department shall designate the licensee as inactive and note that
status on records available to the public. A licensee who is
designated as inactive must have a current copy of the Michigan
residential code and is exempt from the continuing competency
requirements imposed under this section, but must still pay the
per-year license fee. An inactive licensee may activate his or her
license by submitting an application to the department requesting
activation of the license. If the department activates an inactive
license, the licensee must complete at least 1 credit hour of
activities that demonstrate continuing competency for that calendar
year.
(10) An individual licensee who applied for and was designated
inactive under subsection (9) before the effective date of this
subsection may remain in inactive status after that effective date
by complying with the requirements of subsection (9). A licensee
who remains in inactive status after the effective date of this
subsection is exempt from the continuing competency requirements of
this section while he or she remains in inactive status. A licensee
may activate his or her license by submitting an application to the
department requesting activation of the license. If his or her
license is activated, the licensee must complete at least 1 credit
hour of activities that demonstrate continuing competency for that
calendar year.
(11) Subject to subsection (13), an applicant for initial
licensure as a residential builder or residential maintenance and
alteration contractor is exempt from the requirements of subsection
(1) if he or she meets all of the following:
(a) Served in the armed forces.
(b) While serving in the armed forces, was engaged in the
erection, construction, replacement, repair, alteration, or
demolition of buildings or other structures.
(c) Was separated from service in the armed forces, and
provides to the department a form DD214, form DD215, or any other
form that is satisfactory to the department that demonstrates that
he or she was separated from that service, with an honorable
character of service or under honorable conditions (general)
character of service.
(d) Has, and provides with his or her application an affidavit
signed by a commanding officer, supervisor, or military superior
with direct knowledge of the applicant's service that he or she
has, entry-level experience in or basic knowledge of each of the
areas of competency described in subsection (1)(a) to (g).
(12) If an applicant who otherwise meets the requirements of
subsection (11) does not have entry-level experience in or basic
knowledge of each of the areas of competency described in
subsection (1)(a) to (g), he or she may provide with his or her
application an affidavit signed by a commanding officer,
supervisor, or military superior with direct knowledge of the
applicant's service that states in which of those areas of
competency the applicant has entry-level experience or basic
knowledge, and the department may in its discretion grant the
applicant credit toward the 60-hour prelicensure education
requirement of subsection (1) based on that experience or
knowledge.
(13) If an applicant for initial licensure as a residential
builder or residential maintenance and alteration contractor
described in subsection (11) does not pass the examination for that
license the first time he or she takes the examination, that
applicant may not retake the examination until he or she
successfully completes a prelicensure course of study described in
subsection (1).
(14) As used in the section, "armed forces" means that term as
defined in section 2 of the veteran right to employment services
act, 1994 PA 39, MCL 35.1092.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.
