Bill Text: MI SB0042 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Construction: code; buildings used for agricultural tourism activities; exempt from code regulations. Amends sec. 10 of 1972 PA 230 (MCL 125.1510).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-26 - Referred To Committee On Regulatory Reform [SB0042 Detail]
Download: Michigan-2021-SB0042-Introduced.html
SENATE BILL NO. 42
January 26, 2021, Introduced by Senator VICTORY
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 must be on a form prescribed by the commission and shall must be accompanied by payment of the fee established by the enforcing agency. The application shall must 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 must be submitted with the application. The application shall must 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 must 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 must be an architectural, engineering, or construction contract, power of attorney, or letter of authorization signed by that other person designating that designates 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 includes 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 plumber under article 11 of the skilled trades regulation act, 2016 PA 407, MCL 339.6101 to 339.6133, an electrical contractor, master electrician, or electrical journeyman under article 7 of the skilled trades regulation act, 2016 PA 407, 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, 2016 PA 407, 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 If the applicant is required to be insured under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, the name of each carrier providing worker's disability compensation insurance to the applicant. if the applicant is required to be insured pursuant to the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(ii) The 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, 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 If the applicant is required to have an employer identification number under section 6109 of the internal revenue code of 1986, 26 USC 6109, 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 If the applicant is not required to have an employer identification number under section 6109 of the internal revenue code of 1986, 26 USC 6109, 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 If the applicant is required to make contributions under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75, the Michigan employment security commission employer number. , if the applicant is required to make contributions pursuant to 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 under the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75, the reasons for exemptions exemption 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 must contain the following statement in 8-point boldfaced type immediately above the location for the applicant's signature:
"Section 23a of the Stille-DeRossett-Hale single state construction code act, of 1972, 1972 PA 230, MCL 125.1523a, prohibits a person from conspiring to circumvent circumventing the licensing requirements of this state relating to for persons who are to perform work on a residential building or a residential structure. Violators of section 23a are subjected subject to civil fines."
(5) The application for a building permit shall must 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 must 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 must 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 a construction permits permit for a certain of the systems system of a structure and allow construction to commence on those systems that system if approved under that the 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, a A qualifying roadside stand that has electric power 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) A building
or structure, whether temporary or permanent, incidental to the use for
agricultural purposes of the land on which the building is located that is used
for agricultural tourism activities is exempt from this act and the code if the
total revenue generated from those activities is less than 50% of the total
revenue generated by all farm operations and the building is used for those
activities for a period not exceeding 6 months in a calendar year. As used in
this subsection:
(a)
"Agricultural tourism activity" means an activity conducted on a farm
that provides an educational or entertainment experience, directly or
indirectly related to farm operations, to the general public for the purpose of
increasing the total revenue of the farm business.
(b) "Farm" and "farm operation" mean those terms as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
