Bill Text: MI HB5293 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Construction; code; periodic inspection to determine school building compliance; require. Amends title & secs. 1b & 5a of 1937 PA 306 (MCL 388.851b & 388.855a) & adds sec. 3a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Printed Bill Filed 01/27/2012 [HB5293 Detail]

Download: Michigan-2011-HB5293-Introduced.html

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HOUSE BILL No. 5293

 

January 26, 2012, Introduced by Rep. Meadows and referred to the Committee on Education.

 

     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 the title and sections 1b and 5a (MCL 388.851b and

 

388.855a), the title as amended by 2002 PA 628 and sections 1b and

 

5a as amended by 2006 PA 199, and by adding section 3a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to promote the safety, welfare, and educational

 

interests of the people of the state of Michigan by regulating

 

regulate the construction, reconstruction, and remodeling of

 

certain public or private school buildings or additions to such

 

buildings; , by regulating to regulate the construction,

 

reconstruction, and remodeling of buildings leased or acquired for

 

school purposes; , and to provide for inspections of school

 

buildings; 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.

 

     Sec. 1b. (1) Except as otherwise provided in this act, the

 

department is responsible for the administration and enforcement of

 

this act and the Stille-DeRossett-Hale single state construction

 

code act, 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 Inspections of school

 

buildings shall be determined performed by 1 of the following:

 

methods:

 

     (a) By an An independent third party. For inspections in

 

conjunction with the construction, remodeling, or reconstruction of

 

a school building, the independent third party shall be designated

 

in the contract governing the construction, remodeling, or

 

reconstruction. of a school building. The independent third party

 

shall be is responsible for all such inspections required to insure

 

ensure 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 school authority shall submit to the

 

department the name of the independent third party to be

 

responsible for conducting inspections. shall be submitted to the

 

department For inspections in conjunction with the construction,

 

remodeling, or reconstruction of a school building, the name of the

 

independent third party shall be submitted 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 school building or

 

the construction, remodeling, or reconstruction meets the

 

requirements of the code.

 

     (b) If a designation of an independent third party is not made

 

designated as required under subdivision (a), the inspections

 

required to insure compliance with the code will be performed by

 

the department or an applicable agency as provided under subsection

 

(5).

 

     (4) Except as provided in subsection (5), the department shall

 

perform do all of the following:

 

     (a) Perform all plan reviews for school buildings all plan

 

reviews within 60 days from after the date the plans are filed. or

 

If the department fails to timely review plans, the plans are

 

considered approved. and

 

     (b) Subject to subsection (3)(b), perform inspections within 5

 

business days as required by the code. and shall be

 

     (c) 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

 

bureau of fire services under the fire prevention code, 1941 PA

 

207, MCL 29.1 to 29.34. 29.33. The bureau of construction codes and

 

safety and the 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. 29.33. A

 

certificate of occupancy shall not be issued by the appropriate

 

code enforcement agency until a certificate of approval compliance

 

has been issued under the fire prevention code, 1941 PA 207, MCL

 

29.1 to 29.34.29.33.

 

     (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" means that term as defined 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 labor and economic

 

growth.licensing and regulatory affairs.

 

     Sec. 3a. (1) A school authority shall ensure that each school

 

building under its control is inspected for compliance with the

 

code by July 1, 2014 and once every 5 years thereafter. Inspections

 

under this section shall be performed as provided under section

 

1b(3).

 

     (2) If an inspection under this section discloses a violation

 

of the code, the school authority shall correct the violation

 

within a reasonable time.

 

     (3) A person who violates this section is subject to the same

 

sanctions as provided in section 2(3).

 

     (4) As used in this section, "code" means that term as defined

 

in section 1b.

 

     Sec. 5a. (1) Except as provided in this section, this act does

 

not apply to 1-story school buildings, to 1-story additions to

 

school buildings, or to the construction, reconstruction, or

 

remodeling of a school building if the total cost of construction,

 

reconstruction, or remodeling is less than $15,000.00.

 

     (2) Section 1(a) applies to the construction of all school

 

buildings and additions to school buildings regardless of the

 

number of stories of the buildings or additions if the total cost

 

of construction exceeds is $15,000.00 or more.

 

     (3) Section 1(d) applies to the construction of all school

 

buildings and additions to school buildings of 1 or more stories

 

regardless of the cost of construction.

 

     (4) Section 3a applies to all school buildings.

 

     (5) (4) This act applies to the reconstruction of a school

 

building destroyed or partially destroyed by fire, windstorm, or

 

other catastrophe if more than 50% of the entire building is

 

destroyed. The 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 or the remaining portion of the building, or both,

 

be remodeled or reconstructed in accordance with this act.

 

     (6) (5) This act applies to the remodeling of existing school

 

buildings and other buildings to be used for school purposes.

 

     (7) (6) An existing building or part of an existing building,

 

regardless of the number of stories or the cost to the school

 

district of the building, that has not been used as a school

 

building shall not be used as a school building unless it is

 

approved by the superintendent of public instruction and the bureau

 

of fire services.

 

     (8) (7) If the construction, reconstruction, or remodeling of

 

a school building costs less than $15,000.00, it is not necessary

 

the school authority is not required to employ a registered

 

architect or engineer, but shall submit the plans for the building

 

shall be submitted to the bureau of fire services and to the

 

superintendent of public instruction or the superintendent's

 

authorized agent for criticism, suggestions, and approval.