Bill Text: MI SB0373 | 2017-2018 | 99th Legislature | Introduced
Bill Title: State financing and management; purchasing; use of design-build constructing for certain school buildings; allow. Amends secs. 1, 1a & 2 of 1937 PA 306 (MCL 388.851 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-10 - Referred To Committee On Michigan Competitiveness [SB0373 Detail]
Download: Michigan-2017-SB0373-Introduced.html
SENATE BILL No. 373
May 10, 2017, Introduced by Senator JONES and referred to the Committee on Michigan Competitiveness.
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 sections 1, 1a, and 2 (MCL 388.851, 388.851a, and
388.852), section 1 as amended by 2004 PA 510 and section 2 as
amended by 2002 PA 627.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Except as provided in subsection (2), a school
building, public or private, or any additions to a school building,
shall not be erected, remodeled, or reconstructed in this state
unless all of the following requirements are met:
(a) All plans and specifications for buildings shall be
prepared by an architect or professional engineer who is licensed
in this state or a design-builder that employs an architect or
professional engineer who is licensed in this state. An architect
or professional engineer licensed in this state, a design-builder,
or another person qualified to supervise construction shall
supervise the construction of a school building. For energy
conservation improvements and services under section 1274a of the
revised school code, 1976 PA 451, MCL 380.1274a, the licensed
architect or professional engineer may be directly affiliated with
the qualified provider, as defined under that section, that is
providing the applicable improvements and services. However, the
specifications for the project shall be generic in character and,
to the extent possible, shall not include proprietary equipment or
technology developed by the qualified provider or in which the
qualified provider has an interest.
(b) All walls, floors, partitions, and roofs shall be
constructed of fire-resisting materials such as stone, brick, tile,
concrete, gypsum, steel, or similar fire-resisting material. All
steel members shall be protected by at least 3/4 of an inch of
fire-resisting material.
(c) Wood lath or wood furring shall not be used in the
construction. This requirement does not prohibit the use of
finished wood flooring, wood door and window frames, wood sash, or
wood furring and grounds, for the purpose of installing wood trim,
panelling, acoustical units, or similar facing materials on masonry
walls, structural steel, or concrete ceiling members.
(d) Every room enclosing a heating unit shall be enclosed by
walls of fire-resisting materials and shall be equipped with
automatically closing fire doors. A heating unit shall not be
located directly beneath any portion of a school building or
addition that is constructed or reconstructed after January 1,
2003. This requirement does not require the removal of an existing
heating plant from beneath an existing building when an addition to
the building is constructed unless the department requires that
removal in the interests of the public safety. In any school where
natural gas or any other kind of gas is used for heating purposes,
the gas shall be chemically treated before being used in such a
manner as to give a very distinguishable odor if a leak develops in
the heating system.
(e) In a gymnasium, fire-proofings may be omitted from the
trusses and purlins if they are more than 16 feet off the main
floor level.
(f) The architect or engineer shall provide adequate exits
from all parts of a school building. In all cases, there shall be
at least 2 stairways and the distance from the door of any class or
assembly room to a stairway or exit shall not exceed 100 feet.
(g) A requirement in subdivisions (b) to (f) may be waived in
writing by the department.
(h) Compliance with section 1b.
(2) The director of the department shall promulgate rules that
establish standards and requirements for the relocation and reuse
of used modular classrooms. The rules shall require an inspection
of a relocated used modular classroom at its original location, at
its new location, or at any location where repairs are made to the
used modular classroom.
(3) As used in this section, "department" means the department
of labor and economic growth.
Sec. 1a. (1) Words and phrases used in this act shall be
defined as follows:
(a)
"School buildings" shall include all buildings used for
school
purposes."Addition"
means added space that results in
additional cubic contents to an existing school building.
(b) "Construction-manager-at-risk services" means a project
delivery method that meets all of the following:
(i) The school district contracts with 1 individual or entity
for design services and contracts with a different individual or
entity for construction services.
(ii) The school district may contract for construction
services at the same time as the school district contracts for
design services or at a later time.
(iii) Design and construction of the project may be either of
the following:
(A) Sequential with the entire design complete before
construction commences.
(B) Concurrent with the design produced in 2 or more phases
and construction of some phases commencing before the entire design
is complete.
(iv) Finance services, maintenance services, operations
services, preconstruction services, and other related services may
be included.
(v) Selection is a single-phase selection process using
qualifications-based selection.
(c) "Design-build construction services" means a project
delivery method that meets all of the following:
(i) The school district contracts with a single individual or
entity for both design services and construction services.
(ii) Design and construction of the project may be either of
the following:
(A) Sequential with the entire design complete before
construction commences.
(B) Concurrent with the design produced in 2 or more phases
and construction of some phases commencing before the entire design
is complete.
(iii) Finance services, maintenance services, operations
services, design services, preconstruction services, and other
related services may be included.
(iv) Selection is either a single-phase selection using
qualifications-based selection or a 2-phase selection using
qualifications-based selection in the first phase and using best-
value selection in the second phase.
(d) "Design-builder" means an entity that provides design-
build construction services or construction-manager-at-risk
services. Design-builders must have employees certified in design-
build by the Design Build Institute of America or any other
national design-build accreditation program.
(e) (b)
"Remodeling" shall mean
the alteration, construction
or remodeling of partitions, hallways, stairways and means of
egress, the replacement, relocation or reconstruction of heating,
ventilating and sanitary equipment.
(c)
"Addition" shall mean added space which results in
additional
cubic contents to existing building.
(f) "School building" means a building used for school
purposes.
(g) (d)
"Total cost" shall be
interpreted to mean the monetary
worth of the building when ready for occupancy, regardless of the
source of funds, labor or material and shall include the cost of
general construction, plumbing, heating and ventilation, electrical
work, all fixed equipment, together with the cost of architects,
engineers and building superintending services.
(2) (e)
A building having a basement shall
be considered to be
a 2 story building for the purposes of this act.
Sec.
2. (1) The licensed architect, or engineer, or design-
builder preparing the plans and specifications of a school building
is responsible for assuring that the design documents provide for a
structure with sufficient structural strength and fire resistance
and that the building will meet all applicable codes, standards,
and regulations.
(2) The person supervising the construction of a school
building is responsible for the construction of the school building
in conformance with the approved plans and specifications prepared
by
the licensed architect, or engineer, or design-builder.
(3) A person that violates this section is subject to all of
the following:
(a) A state civil infraction punishable by a civil fine of not
more than $10,000.00.
(b) If the person knowingly violated this section, a
misdemeanor punishable by a fine of not more than $10,000.00 or
imprisonment for not more than 180 days, or both.
(4) The design-builder performing the construction services is
permitted to self-perform part of the construction work if and to
the extent agreed to in writing by the school district and the
design-builder. The school district may use methods other than
competitive bidding to assure itself that the price the school
district pays to the contractor for self-performed work is fair and
reasonable.
(5) The design-builder selected to perform the construction
services shall select subcontractors based on qualifications alone
or on a combination of qualifications and price and shall not
select subcontractors based on price alone. A qualifications and
price selection may be a single-step selection based on a
combination of qualifications and price or a 2-step selection. In a
2-step selection, the first step shall be based on qualifications
alone and the second step may be based on a combination of
qualifications and price or on price alone.
