Bill Text: MI HB5663 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Construction; permits; forfeiture of inspection bond due to expired building permit; provide for. Amends sec. 10 of 1972 PA 230 (MCL 125.1510).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-03-25 - Bill Electronically Reproduced 03/25/2020 [HB5663 Detail]
Download: Michigan-2019-HB5663-Introduced.html
HOUSE BILL NO. 5663
March 17, 2020, Introduced by Reps. Maddock,
Wozniak and Eisen and referred to the Committee on Regulatory Reform.
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending section 10 (MCL 125.1510), as amended by 2016 PA 409.
the people of the state of michigan enact:
Sec. 10. (1) Except as otherwise provided in the code,
before construction of a building or structure, the owner, or the owner's
builder, architect, engineer, or agent, shall submit an application in writing
to the appropriate enforcing agency for a building permit. The application
shall be on a form prescribed by the commission and shall be accompanied by
payment of the fee established by the enforcing agency. The application shall
contain a detailed statement in writing, verified by affidavit of the individual
making it, of the specifications for the building or structure, and full and
complete copies of the plans drawn to scale of the proposed work. A site plan
showing the dimensions, and the location of the proposed building or structure
and other buildings or structures on the same premises, shall be submitted with
the application. The application shall state in full the name and residence, by
street and number, of the owner in fee of the land on which the building or
structure will be constructed, and the purposes for which it will be used.
(2) If construction is
proposed to be undertaken by a person other than the owner of the land in fee,
the statement shall contain the full name and residence, by street and number,
of the owner and also of the person proposing the construction. The affidavit shall must state that the specifications and
plans are true and complete and contain a correct description of the building
or structure, lot or parcel, and proposed work. The statements and affidavits
may be made by an owner, or the owner's attorney, agent, engineer, architect,
or builder, by the person who that proposes to make the construction or
alteration, or by that person's agent, engineer, architect, or builder. A
person shall not be recognized as the agent, attorney, engineer, architect, or
builder of another person unless the person seeking recognition files with the
enforcing agency a written instrument, which shall be an architectural,
engineering, or construction contract, power of attorney, or letter of
authorization signed by that other person designating the person seeking
recognition as the agent, attorney, architect, engineer, or builder and, in
case of a residential builder or maintenance and alteration contractor,
architect, or engineer, setting forth and providing the license number of the
person seeking recognition and the expiration date of the license.
(3) A person licensed or
required to be licensed as a residential builder or residential maintenance and
alteration contractor under the occupational code, 1980 PA 299, MCL 339.101 to 339.2919, 339.2677, a plumbing contractor or master
or journeyman journey plumber under article 11 of the
skilled trades regulation act, MCL 339.6101 to 339.6133, an electrical
contractor, master electrician, or electrical journeyman under article 7 of the
skilled trades regulation act, MCL 339.5701 to 339.5739, or pursuant to a local
ordinance, or a mechanical contractor under article 8 of the skilled trades
regulation act, MCL 339.5801 to 339.5819, who applies for a building permit to
perform work on a residential building or a residential structure shall, in
addition to any other information required pursuant to under this act, provide on the building permit
application all of the following information:
(a) The occupational
license number of the applicant and the expiration date of the occupational
license.
(b) One of the following:
(i) The name of each carrier providing worker's disability
compensation insurance to the applicant if the applicant is required to be
insured pursuant to under the worker's
disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(ii) The reasons for
exemption from the requirement to be insured if the applicant is not required
to be insured under the worker's disability compensation act of 1969, 1969 PA
317, MCL 418.101 to 418.941.
(c) One of the following:
(i) The employer
identification number, if the applicant is required to have an employer
identification number pursuant to section 6109 of the internal revenue code, 26
USC 6109.
(ii) The reasons for
exemption from the requirement to have an employer identification number
pursuant to section 6109 of the internal revenue code of 1986, 26 USC 6109, if
the applicant is not required to have an employer identification number
pursuant to that section.
(d) One of the following:
(i) The Michigan
employment security commission employer number, if the applicant is required to
make contributions pursuant
to under the
Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75.
(ii) If the applicant
is not required to make contributions, the reasons for exemptions from the
requirement to make contributions under the Michigan employment security act,
1936 (Ex Sess) PA 1, MCL 421.1 to 421.75.
(4) The building permit application form shall contain the
following statement in 8-point boldfaced type immediately above the location
for the applicant's signature:
"Section 23a of the state construction code act of 1972,
1972 PA 230, MCL 125.1523a, prohibits a person from conspiring to circumvent
the licensing requirements of this state relating to persons who are to perform
work on a residential building or a residential structure. Violators of section
23a are subjected to civil fines."
(5) The application for a building permit shall be filed with
the enforcing agency and the application and any other writing prepared, owned,
used, in the possession of, or retained by the enforcing agency in the
performance of an official function shall be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246. An application shall not be removed from the custody of the enforcing
agency after a building permit has been issued.
(6) This section shall be construed to allow allows the imposition
of requirements in the code, or in other laws or ordinances, for additional
permits for particular kinds of work, including plumbing and electrical, or in
other specified situations. The requirements of the code may provide for
issuance of construction permits for certain of the systems of a structure and
allow construction to commence on those systems approved under that permit even
though the design and approval of all the systems of the structure have not
been completed and subsequent construction permits have not been issued.
(7) A building permit is not required for ordinary repairs of
a building or structure.
(8) A building permit is not required for a building
incidental to the use for agricultural purposes of the land on which the
building is located if the building is not used in the business of retail
trade.
(9) A qualifying roadside stand is exempt from the plumbing
fixture requirements of this act and the code and is not required to have
electric power. However, If a qualifying
roadside stand that has
electric power, it
must comply with the electrical code. This subsection does not exempt a
qualifying roadside stand from a requirement to obtain a building permit. As
used in this subsection, "qualifying roadside stand" means a roadside
stand that meets all of the following requirements:
(a) Is used only for seasonal retail trade in agricultural
products.
(b) At least 50% of the agricultural products offered for
sale at the roadside stand are produced on a farm that is owned or controlled
by the person who that owns the roadside
stand.
(c) Is not larger than 400 square feet.
(d) Is securely anchored to the ground.
(10) A tent that meets the requirements of subsection (9)(a),
(b), and (c) is exempt from this act and the code.
(11) If an enforcing agency requires an applicant for a building permit to provide an inspection bond with the submission of a building permit application and the work for which the permit is granted is not completed by the date on which the permit expires, the enforcing agency may declare the amount of the bond forfeited and deposit that amount in the general fund of the permitting jurisdiction.