HB 6304

HOUSE BILL NO. 6304
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction
code act,"
by amending section 2a (MCL 125.1502a), as amended by
2016 PA 409.
the people of the state of michigan enact:
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 that term is defined in section 2 of the Michigan
right to farm act, 1981 PA 93, MCL 286.472.
(c) "Air tightness testing" means a test used to measure the
rate of air leakage through the building envelope of a building.
(d) (c) "Application
for a building permit" means an application for a building permit
submitted to an enforcing agency pursuant to in accordance with this act,
and includes plans, specifications, surveys,
statements, and other material submitted to the enforcing agency together or in
connection with the application.
(e) (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.
(f) (e) "Board
of appeals" means the construction board of appeals of a governmental
subdivision provided for in section 14.
(g) (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.
(h) (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.
(i) (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.
(j) (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, MCL 339.6001 to 339.6023. This individual may also be an
employee of a private organization.
(k) (j) "Business
day" means a day of the year, exclusive of a Saturday, Sunday, or legal
holiday.
(l) (k) "Chief elected official" means
the chairperson of the county board of commissioners, the city mayor, the
village president, or the township supervisor.
(m) (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.
(n) (m) "Commission"
means the state construction code commission created by section 3a.
(o) (n) "Construction"
means the construction, erection, reconstruction, alteration, conversion,
demolition, repair, moving, or equipping of buildings or structures.
(p) (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 in accordance with a zoning ordinance and related to
zoning.
(q) (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 on 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.
(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 in accordance
with 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
the owner's 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 under this act including the code.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 6303 (request
no. H07249'26) of the 103rd Legislature is enacted into law.