HOUSE BILL No. 4087


     January 31, 2001, Introduced by Reps. Zelenko, Kolb, Anderson, Rich Brown and Lipsey and referred to the Committee on Employment Relations,
Training and Safety.


        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 con-
   struction, reconstruction and remodeling of certain public or
   private school buildings or additions thereto, 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 the superintendent of public instruction, the state
   fire marshal, architects, engineers and school board members with
   respect thereto; to prescribe penalties for the violation of this
   act; and to repeal all acts and parts of acts, general, local and
   special, inconsistent with or contrary to the provisions of this
   act,"

   by amending the title and section 1 (MCL 388.851) and by adding

   section 1b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
                                    TITLE

 2
           An act to promote the safety, welfare, and educational

 3
      interests of the people of the state of Michigan by regulating

 4
      the construction, reconstruction, and remodeling of certain


   00916'01                                                 SAT                                   2

 1
      public or private school buildings or additions  thereto  TO SUCH

 2
      BUILDINGS, by regulating the construction, reconstruction, and

 3
      remodeling of buildings leased or acquired for school purposes,

 4
      and to define the class of buildings affected by this act; to

 5
      prescribe the powers and duties of  the superintendent of public

 6
      instruction, the state fire marshal, architects, engineers and

 7
      school board members with respect thereto  CERTAIN STATE AGENCIES

 8
      AND OFFICIALS; to prescribe penalties for the violation of this

 9
      act; and to repeal  all acts and parts of acts, general, local

10
      and special, inconsistent with or contrary to the provisions of

11
      this act  ACTS AND PARTS OF ACTS.

12
           Sec. 1.   No  A school building, public or private, or ANY

13
      additions,  thereto,  shall NOT be erected, remodeled, or recon-

14
      structed in  the  THIS state except  it be  in conformity with

15
      ALL OF the following provisions:

16
           (a) All plans and specifications for buildings shall be pre-

17
      pared by, and the construction supervised by, an architect or

18
      engineer who is registered in  the  THIS state AND THE PLANS AND

19
      SPECIFICATIONS SHALL BE REVIEWED AND APPROVED BY THE STATE FIRE

20
      MARSHAL, OR THE APPROPRIATE MUNICIPAL OFFICIAL, RELATIVE TO FAC-

21
      TORS CONCERNING FIRE SAFETY.  of Michigan.  Before the construc-

22
      tion, reconstruction or remodeling of any school building or

23
      addition thereto is commenced, the written approval of the plans

24
      and specifications by the superintendent of public instruction or

25
      his authorized agent shall be obtained.  The superintendent of

26
      public instruction or his authorized agent shall not issue such

27
      approval until he has secured in writing the approval of the



   00916'01                                   3

 1
      state fire marshal, or the appropriate municipal official when

 2
      certification as described in section 3 has been made, relative

 3
      to factors concerning fire safety and of the health department

 4
      having jurisdiction relative to factors affecting water supply,

 5
      sanitation and food handling.

 6
           The superintendent of public instruction shall publish an

 7
      informative bulletin which shall set forth good school building

 8
      planning procedures and interpret clearly the provisions of this

 9
      act.  The bulletin shall be prepared in cooperation with the

10
      state fire marshal and the state health commissioner and, insofar

11
      as requirements for approval of plans are concerned, shall be

12
      consistent with recognized good practice as evidenced by stan-

13
      dards adopted by nationally recognized authorities in the fields

14
      of fire protection and health.

15
           (b) All walls, floors, partitions, and roofs shall be con-

16
      structed of fire-resisting materials such as stone, brick, tile,

17
      concrete, gypsum, steel, or similar fire-resisting material.  All

18
      steel members shall be protected by at least 3/4 of an inch of

19
      fire-resisting material.

20
           (c)  No wood  WOOD lath or wood furring shall NOT be used IN

21
      THE CONSTRUCTION.  These regulations shall not be construed as

22
      prohibiting the use of finished wood flooring, wood door and

23
      window frames, wood sash, or wood furring and grounds, for the

24
      purpose of installing wood trim, panelling, acoustical units, or

25
      similar facing materials on masonry walls, structural steel, or

26
      concrete ceiling members.





   00916'01                                   4

 1
           (d) Every room enclosing a heating unit shall be enclosed by

 2
      walls of fire-resisting materials and shall be equipped with

 3
      automatically closing fire doors.  ; and said  ALL heating 
   unit

 4
      UNITS shall not be located directly beneath any portion of a

 5
      school building or addition  thereto which  THAT is constructed

 6
      or reconstructed after  the effective date of this act  JULY 1,

 7
      2000.  This regulation shall not be construed to require the

 8
      removal of an existing heating plant from beneath an existing

 9
      building when an addition to  such  THE building is constructed

10
      unless  the state superintendent of public instruction or his

11
      authorized agent, acting jointly with the state fire marshal,

12
      shall so require  THE DEPARTMENT OR THE STATE FIRE MARSHAL

13
      REQUIRES SUCH REMOVAL in the interests of the public safety.  In

14
      any school where natural gas or any other kind of gas is used for

15
      heating purposes, the gas shall be chemically treated before

16
      being used in such a manner as to give a very distinguishable

17
      odor if any leak should develop in the heating system.

18
           (e) In gymnasiums, fire-proofings may be omitted from the

19
      trusses and purlins if they are more than 16 feet off the main

20
      floor level.

21
           (F) The architect or engineer shall provide adequate exits

22
      from all parts of school buildings.  In all cases, there shall be

23
      at least 2 stairways and the distance from the door of any class

24
      or assembly room to a stairway or exit shall not exceed 100

25
      feet.

26
           (G)  (f)  Provisions in subdivisions (b) to (e) may be

27
      waived in writing by the state fire marshal OR THE DEPARTMENT.



   00916'01                                   5

 1
           (H) IN COMPLIANCE WITH SECTION 1B.

 2
           SEC. 1B.  (1) EXCEPT AS PROVIDED IN SUBSECTION (4), THE

 3
      DEPARTMENT IS RESPONSIBLE FOR THE ADMINISTRATION AND ENFORCEMENT

 4
      OF THIS ACT AND THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUC-

 5
      TION CODE ACT, 1972 PA 230, MCL 125.1501 TO 125.1531, IN EACH

 6
      SCHOOL BUILDING IN THIS STATE.

 7
           (2) EXCEPT AS PROVIDED IN SUBSECTION (4), A SCHOOL BUILDING

 8
      SHALL NOT BE CONSTRUCTED, REMODELED, OR RECONSTRUCTED IN THIS

 9
      STATE AFTER JULY 1, 2002 UNTIL WRITTEN APPROVAL OF THE PLANS AND

10
      SPECIFICATIONS IS OBTAINED FROM THE DEPARTMENT INDICATING THAT

11
      THE SCHOOL BUILDING WILL BE DESIGNED AND CONSTRUCTED IN CON-

12
      FORMANCE WITH THE CODE.  THIS SUBSECTION DOES NOT APPLY TO ANY

13
      SCHOOL BUILDING FOR WHICH CONSTRUCTION HAS COMMENCED BEFORE JULY

14
      1, 2002.

15
           (3) EXCEPT AS PROVIDED IN SUBSECTION (4), THE DEPARTMENT

16
      SHALL PERFORM FOR SCHOOL BUILDINGS ALL PLAN REVIEWS WITHIN 60

17
      DAYS FROM THE DATE THE PLANS ARE FILED AND INSPECTIONS WITHIN 5

18
      BUSINESS DAYS AS REQUIRED BY THE CODE AND SHALL BE THE ENFORCING

19
      AGENCY FOR THIS ACT.

20
           (4) THE DEPARTMENT SHALL DELEGATE THE RESPONSIBILITY FOR THE

21
      ADMINISTRATION AND ENFORCEMENT OF THIS ACT TO THE APPLICABLE

22
      AGENCY IF BOTH THE SCHOOL BOARD AND THE GOVERNING BODY OF THE

23
      GOVERNMENTAL SUBDIVISION HAVE ANNUALLY CERTIFIED TO THE DEPART-

24
      MENT, IN A MANNER PRESCRIBED BY THE DEPARTMENT, THAT FULL-TIME

25
      CODE OFFICIALS, INSPECTORS, AND PLAN REVIEWERS REGISTERED UNDER

26
      THE BUILDING OFFICIALS AND INSPECTORS REGISTRATION ACT, 1986 PA





   00916'01                                   6

 1
      54, MCL 338.2301 TO 338.2313, WILL CONDUCT PLAN REVIEWS AND

 2
      INSPECTIONS OF SCHOOL BUILDINGS.

 3
           (5) AS USED IN THIS SECTION:

 4
           (A) "CODE" MEANS THE STATE CONSTRUCTION CODE PROVIDED FOR IN

 5
      THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT,

 6
      1972 PA 230, MCL 125.1501 TO 125.1531.

 7
           (B) "CONSTRUCTION" MEANS THE CONSTRUCTION, ERECTION, RECON-

 8
      STRUCTION, ALTERATION, CONVERSION, DEMOLITION, REPAIR, MOVING, OR

 9
      EQUIPPING OF A BUILDING OR STRUCTURE.

10
           (C) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND INDUS-

11
      TRY SERVICES.

12
           Enacting section 1.  This amendatory act does not take

13
      effect until January 1, 2002.































   00916'01          Final page.                            SAT