Bill Text: MI HB5315 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Occupations; construction; licensing requirement for residential maintenance and alteration contractors; exclude painters and decorators. Amends sec. 2404 of 1980 PA 299 (MCL 339.2404).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-02-10 - Bill Electronically Reproduced 02/09/2016 [HB5315 Detail]

Download: Michigan-2015-HB5315-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5315

February 9, 2016, Introduced by Reps. Barrett and Iden and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending section 2404 (MCL 339.2404), as amended by 2014 PA 176.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2404. (1) Except as provided in section 2404c, the

 

department may require an applicant, a licensee, or each partner,

 

trustee, director, officer, member, or shareholder of an applicant

 

or licensee to submit evidence of good moral character. Before the

 

department issues a license, an applicant shall submit a copy of

 

his or her operator's license or state personal identification card

 

to the department. The department may use the license or card only

 

for proof of identity of the applicant.

 

     (2) Except as provided in section 2404c, the department shall

 

require that an applicant for a license under this article pass an

 

examination that establishes that the applicant has a fair


knowledge of the obligations of a residential builder or

 

residential maintenance and alteration contractor to the public and

 

the applicant's principal, and the statutes relating to the

 

applicant's licensure.

 

     (3) Except as provided in section 2404c, the department may

 

issue a residential maintenance and alteration contractor's license

 

to an individual who applies for the license and who qualifies for

 

the license by passing the examination. A license authorizes the

 

licensee, according to the applicant's qualifications, crafts, and

 

trades, to engage in the activities of a residential maintenance

 

and alteration contractor. A license includes the following crafts

 

and trades: carpentry; concrete; swimming pool installation;

 

waterproofing a basement; excavation; insulation work; masonry

 

work; painting and decorating; roofing; siding and gutters; screen

 

or storm sash installation; tile and marble work; and house

 

wrecking. A license shall specify the particular craft or trade for

 

which the licensee is qualified. This subsection does not prohibit

 

a specialty contractor from taking and executing a contract

 

involving the performance of the craft or trade for which the

 

contractor holds a license and 1 or more other crafts or trades if

 

the performance of the work in the other craft or trade is

 

incidental and supplemental to the performance of work in the craft

 

or trade for which the specialty contractor is licensed.

 

     (4) A residential builder or residential maintenance and

 

alteration contractor shall maintain a place of business in this

 

state. If a residential builder or residential maintenance and

 

alteration contractor maintains more than 1 place of business in

 


this state, the department shall issue a branch office license to

 

the builder or contractor for each place of business maintained by

 

the builder or contractor.

 

     (5) The department shall issue the license of a residential

 

builder and residential maintenance and alteration contractor for a

 

period of 3 years in duration.

 

     (6) An applicant for renewal of a residential builder or

 

maintenance and alteration contractor license shall state to the

 

department that he or she has a current copy of the Michigan

 

residential code and meets the appropriate requirements regarding

 

continuing competency described in this article or rules

 

promulgated under this article.

 

     (7) A licensee shall maintain documentation, for at least 5

 

years, of activities that meet the continuing competency

 

requirements under this article.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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