Bill Text: MI HB6151 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Construction: other; COVID-19 protections for critical infrastructure workers; provide for. Amends title & sec. 2a of 1972 PA 230 (MCL 125.1502a) & adds sec. 27.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-03 - Bill Electronically Reproduced 09/02/2020 [HB6151 Detail]
Download: Michigan-2019-HB6151-Introduced.html
HOUSE BILL NO. 6151
September 02, 2020, Introduced by Rep. Garza
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 the title and section 2a (MCL 125.1502a), the title as amended by 1999 PA 245 and section 2a as amended by 2016 PA 409, and by adding section 27.
the people of the state of michigan enact:
An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to provide certain safeguards for certain critical infrastructure workers; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation.
Sec. 2a. (1) As used in this act:
(a) "Agricultural or
agricultural purposes" means of, or pertaining to, or connected with, or
engaged in agriculture or tillage that is characterized by the act or business
of cultivating or using land and soil for the production of crops for the use
of animals or humans, and includes, but is not limited to, purposes related to
agriculture, farming, dairying, pasturage, horticulture, floriculture,
viticulture, and animal and poultry husbandry.
(b) "Agricultural
product" means a farm product as defined in section 2 of the Michigan right
to farm act, 1981 PA 93, MCL 286.472.
(c) "Application for
a building permit" means an application for a building permit submitted to
an enforcing agency pursuant to this act and plans, specifications, surveys,
statements, and other material submitted to the enforcing agency together or in
connection with the application.
(d) "Barrier free
design" means design complying with legal requirements for architectural
designs that eliminate the type of barriers and hindrances that deter persons
with disabilities from having access to and free mobility in and around a
building or structure.
(e) "Board of
appeals" means the construction board of appeals of a governmental
subdivision provided for in section 14.
(f) "Boards"
means the state plumbing board created in section 13 of former 2002 PA 733, the
board of mechanical rules created in section 3 of former 1984 PA 192, the
electrical administrative board created in section 2 of former 1956 PA 217, and
the barrier free design board created in section 5 of 1966 PA 1, MCL 125.1355.
(g) "Building"
means a combination of materials, whether portable or fixed, forming a
structure affording a facility or shelter for use or occupancy by individuals,
animals, or property. Building does not include a building, whether temporary
or permanent, incidental to the use for agricultural purposes of the land on
which the building is located if it is not used in the business of retail
trade. Building includes a part or parts of the building and all equipment in
the building unless the context clearly requires a different meaning.
(h) "Building
envelope" means the elements of a building that enclose conditioned spaces
through which thermal energy may be transferred to or from the exterior.
(i) "Building
official" means an individual who is employed by a governmental
subdivision and is charged with the administration and enforcement of the code
and who is registered in compliance with article 10 of the skilled trades
regulation act, 2016 PA 407, MCL
339.6001 to 339.6023. This individual may also be an employee of a private
organization.
(j) "Business
day" means a day of the year, exclusive of a Saturday, Sunday, or legal
holiday.
(k) "Chief elected
official" means the chairperson of the county board of commissioners, the
city mayor, the village president, or the township supervisor.
(l) "Code" means the state construction code provided
for in section 4 or a part of that code of limited application and includes a
modification of or amendment to the code.
(m) "Commission" means the state construction code
commission created by section 3a.
(n) "Construction" means the construction,
erection, reconstruction, alteration, conversion, demolition, repair, moving,
or equipping of buildings or structures.
(o) "Construction regulation" means a law, act,
rule, regulation, or code, general or special, or a compilation thereof,
enacted or adopted by this state including a department, board, bureau,
commission, or other agency of this state, relating to the design,
construction, or use of and the installation of equipment in buildings and
structures. Construction regulation does not include a zoning ordinance or rule
issued pursuant to a zoning ordinance and related to zoning.
(p) "Cost-effective", in reference to section
4(3)(f) and (g), means, using the existing energy efficiency standards and
requirements as the base of comparison, the economic benefits of the proposed
energy efficiency standards and requirements will exceed the economic costs of
the requirements of the proposed rules based upon an incremental multiyear
analysis that meets all of the following requirements:
(i) Considers the
perspective of a typical first-time home buyer.
(ii) Considers
benefits and costs over a 7-year time period.
(iii) Does not assume
fuel price increases in excess of the assumed general rate of inflation.
(iv) Ensures that the
buyer of a home who would qualify to purchase the home before the addition of
the energy efficient standards will still qualify to purchase the same home
after the additional cost of the energy-saving construction features.
(v) Ensures that the
costs of principal, interest, taxes, insurance, and utilities will not be
greater after the inclusion of the proposed cost of the additional
energy-saving construction features required by the proposed energy efficiency
rules than under the provisions of the existing energy efficiency rules.
(q) "Critical infrastructure worker" means a worker
in the construction industry, including a worker in the building trade like a plumber,
electrician, HVAC technician, or similar worker.
(r) (q) "Department" means the department of
licensing and regulatory affairs.
(s) (r) "Director" means the director of the
department or an authorized representative of the director.
(t) (s) "Energy conservation" means the
efficient use of energy by providing building envelopes with high thermal
resistance and low air leakage, and the selection of energy efficient
mechanical, electrical service, and illumination systems, equipment, devices,
or apparatus.
(u) (t) "Enforcing agency" means the
governmental agency that, in accordance with section 8a or 8b, is responsible
for administration and enforcement of the code within a governmental
subdivision. However, for the purposes of section 19, enforcing agency means
the agency in a governmental unit principally responsible for the
administration and enforcement of applicable construction regulations.
(v) (u) "Equipment" means plumbing, heating,
electrical, ventilating, air conditioning, and refrigerating equipment.
(w) (v) "Governmental subdivision" means a
county, city, village, or township that, in accordance with section 8a or 8b,
has assumed responsibility for administration and enforcement of this act and
the code within its jurisdiction.
(x) (w) "Mobile home" means a vehicular,
portable structure that meets all of the following requirements:
(i) Is built on a
chassis pursuant to the national manufactured housing construction and safety
standards act of 1974, 42 USC 5401 to 5426.
(ii) Is designed to be
used without a permanent foundation as a dwelling when connected to required
utilities.
(iii) Is or is intended
to be, attached to the ground, to another structure, or to a utility system on
the same premises for more than 30 consecutive days.
(y) (x) "Other laws and ordinances" means
other laws and ordinances whether enacted by this state or by a county, city,
village, or township and the rules issued under those laws and ordinances.
(z) (y) "Owner" means the owner of the
freehold of the premises or lesser estate in the premises, a mortgagee or
vendee in possession, an assignee of rents, receiver, executor, trustee, or
lessee, or any other person, sole proprietorship, partnership, association, or
corporation directly or indirectly in control of a building, structure, or real
property or his or her duly authorized agent.
(aa) (z) "Person with disabilities" means an
individual whose physical characteristics limit that individual's ability to be
self-reliant in the individual's movement throughout and use of the building
environment.
(bb) (aa) "Premanufactured unit" means an
assembly of materials or products intended to comprise all or part of a
building or structure, and that is assembled at other than the final location
of the unit of the building or structure by a repetitive process under
circumstances intended to ensure uniformity of quality and material content.
Premanufactured unit includes a mobile home.
(cc) (bb) "Structure" means that which is built
or constructed, an edifice or building of any kind, or a piece of work
artificially built up or composed of parts joined together in some definite
manner. Structure does not include a structure incident to the use for
agricultural purposes of the land on which the structure is located and does
not include works of heavy civil construction including, but not limited to, a
highway, bridge, dam, reservoir, lock, mine, harbor, dockside port facility, an
airport landing facility,
and facilities for the generation, transmission, or distribution of
electricity. Structure includes a part or parts of the structure and all
equipment in the structure unless the context clearly requires a different
meaning.
(2) Unless the context clearly indicates otherwise, a
reference to this act, or to this act and the code, means this act and rules
promulgated pursuant to this act including the code.
Sec. 27. (1) Notwithstanding any provision
of this act to the contrary, during the state of emergency declared under
Executive Order No. 2020-151 or any extension of that order, a business or
operation in the construction industry must implement a COVID-19 control
strategy for the protection of critical infrastructure workers that includes
all of the following:
(a)
Administrative control.
(b)
Access control.
(c)
Social distancing.
(d)
Sanitation.
(e)
Hygiene.
(f)
Provision of personal protective equipment.
(g)
Protocols for positive cases of COVID-19.
(h)
Facility closure.
(2)
During the state of emergency declared under Executive Order No. 2020-151 or
any extension of that order, a business or operation in the construction
industry must adhere to all of the following safety protocols:
(a) Designate a site-specific supervisor to monitor and oversee the implementation of COVID-19 control strategies developed under subsection (1). The supervisor must remain on-site at all times during construction activities. An on-site critical infrastructure worker may be designated to perform the supervisory role.
(b) Conduct a daily entry screening protocol for critical infrastructure workers, contractors, suppliers, and other individuals entering a worksite, including a questionnaire covering symptoms and suspected or confirmed exposure to people with COVID-19 and a temperature screening.
(c) Create a dedicated entry point at every worksite for daily screening or, in the alternative, issue stickers or other indicators to critical infrastructure workers to show that they received a screening before entering the worksite on that day.
(d) Provide instructions for the distribution of personal protective equipment and designate on-site locations for the disposal of soiled or used masks.
(e) Encourage or require the use of work gloves to prevent skin contact with contaminated surfaces.
(f) Identify choke points and high-risk areas where critical infrastructure workers are required to stand near one another and control access and use to those areas so that social distancing is maintained.
(g) Ensure that there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by critical infrastructure workers.
(h) Notify contractors or owners of any confirmed COVID-19 cases among critical infrastructure workers at the worksite.
(i) Restrict unnecessary movement between project sites.
(j) Adopt protocols to limit the sharing of tools and equipment to the extent possible and to ensure frequent and thorough cleaning and disinfectant of tools, equipment, and frequently touched surfaces.
(k) Create protocols for minimizing person to person contact upon delivery of materials to the worksite.
(3) As used in this section, "personal protective equipment" means gloves, goggles, face shields, and face masks that are appropriate for the activity being performed.
