SENATE BILL No. 358

March 27, 2001, Introduced by Senator HAMMERSTROM and referred to the Committee

on Human Resources and Labor.

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 section 1 (MCL 388.851) and by adding section 1b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

2 additions thereto TO A SCHOOL BUILDING, shall NOT be erected,

3 remodeled, or reconstructed in the THIS state except it be in

4 conformity with ALL OF the following provisions:

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1 (a) All plans and specifications for buildings shall be

2 prepared by, and the construction supervised by, an architect or

3 engineer who is registered in the THIS state. of Michigan.

4 Before the construction, reconstruction or remodeling of any

5 school building or addition thereto is commenced, the written

6 approval of the plans and specifications by the superintendent of

7 public instruction or his authorized agent shall be obtained.

8 The superintendent of public instruction or his authorized agent

9 shall not issue such approval until he has secured in writing the

10 approval of the state fire marshal, or the appropriate municipal

11 official when certification as described in section 3 has been

12 made, relative to factors concerning fire safety and of the

13 health department having jurisdiction relative to factors affect-

14 ing water supply, sanitation and food handling.

15 The superintendent of public instruction shall publish an

16 informative bulletin which shall set forth good school building

17 planning procedures and interpret clearly the provisions of this

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

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

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

21 consistent with recognized good practice as evidenced by stan-

22 dards adopted by nationally recognized authorities in the fields

23 of fire protection and health.

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

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

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

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

2 fire-resisting material.

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

4 THE CONSTRUCTION. These regulations shall not be construed as

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

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

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

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

9 concrete ceiling members.

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

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

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

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

14 school building or addition thereto which THAT is constructed

15 or reconstructed after the effective date of this THE act THAT

16 ADDED SECTION 1B. This regulation shall not be construed to

17 require the removal of an existing heating plant from beneath an

18 existing building when an addition to such THE building is con-

19 structed unless the state superintendent of public instruction

20 or his authorized agent, acting jointly with the state fire

21 marshal , shall so require REQUIRES SUCH LOCATION in the inter-

22 ests of the public safety. In any school where natural gas or

23 any other kind of gas is used for heating purposes, the gas shall

24 be chemically treated before being used in such a manner as to

25 give a very distinguishable odor if any leak should develop in

26 the heating system.

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

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

3 floor level. The architect or engineer shall provide adequate

4 exits from all parts of school buildings. In all cases, there

5 shall be at least 2 stairways and the distance from the door of

6 any class or assembly room to a stairway or exit shall not exceed

7 100 feet.

8 (f) Provisions in subdivisions (b) to (e) may be waived in

9 writing by the state fire marshal.

10 (G) COMPLIANCE WITH SECTION 1B.

11 SEC. 1B. (1) EXCEPT AS PROVIDED IN SUBSECTION (3), THE

12 EXECUTIVE DIRECTOR OF THE BUREAU OF CONSTRUCTION CODES WITHIN THE

13 DEPARTMENT OF LABOR IS RESPONSIBLE FOR THE ADMINISTRATION AND

14 ENFORCEMENT OF THIS ACT AND THE STILLE-DEROSSETT-HALE SINGLE

15 STATE CONSTRUCTION CODE ACT, 1972 PA 230, MCL 125.1501 TO

16 125.1531, IN EACH SCHOOL BUILDING IN THIS STATE.

17 (2) EXCEPT AS PROVIDED IN SUBSECTION (3), THE BUREAU OF CON-

18 STRUCTION CODES SHALL PERFORM FOR SCHOOL BUILDINGS ALL PLAN

19 REVIEWS AND INSPECTIONS REQUIRED BY THE CODE AND SHALL BE THE

20 ENFORCING AGENCY FOR THIS ACT. EXCEPT AS PROVIDED IN

21 SUBSECTION (3), A SCHOOL BUILDING SHALL NOT BE CONSTRUCTED,

22 REMODELED, OR RECONSTRUCTED IN THIS STATE AFTER THE EFFECTIVE

23 DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION UNTIL WRITTEN

24 APPROVAL OF THE PLANS AND SPECIFICATIONS IS OBTAINED FROM THE

25 BUREAU OF CONSTRUCTION CODES INDICATING THAT THE SCHOOL BUILDING

26 WILL BE DESIGNED AND CONSTRUCTED IN CONFORMANCE WITH THE CODE.

27 THIS SUBSECTION DOES NOT APPLY TO ANY SCHOOL BUILDING FOR WHICH

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1 CONSTRUCTION HAS COMMENCED BEFORE THE EFFECTIVE DATE OF THE

2 AMENDATORY ACT THAT ADDED THIS SECTION.

3 (3) THE EXECUTIVE DIRECTOR SHALL DELEGATE THE RESPONSIBILITY

4 FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT TO THE APPLI-

5 CABLE AGENCY IF BOTH THE SCHOOL BOARD AND THE GOVERNING BODY OF

6 THE GOVERNMENTAL SUBDIVISION HAVE ANNUALLY CERTIFIED TO THE CON-

7 STRUCTION CODE COMMISSION, IN A MANNER PRESCRIBED BY THE COMMIS-

8 SION, THAT FULL-TIME CODE OFFICIALS, INSPECTORS, AND PLAN REVIEW-

9 ERS REGISTERED UNDER THE BUILDING OFFICIALS AND INSPECTORS REGIS-

10 TRATION ACT, 1986 PA 54, MCL 338.2301 TO 338.2313, WILL CONDUCT

11 PLAN REVIEWS AND INSPECTIONS OF SCHOOL BUILDINGS.

12 (4) AS USED IN THIS SECTION:

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

14 SECTION 4 OF THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION

15 CODE ACT, 1972 PA 230, MCL 125.1504.

16 (B) "COMMISSION" MEANS THE STATE CONSTRUCTION CODE COMMIS-

17 SION CREATED BY SECTION 3 OF THE STILLE-DEROSSETT-HALE SINGLE

18 STATE CONSTRUCTION CODE ACT, 1972 PA 230, MCL 125.1503.

19 (C) "CONSTRUCTION" MEANS THE CONSTRUCTION, ERECTION, RECON-

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

21 EQUIPPING OF BUILDINGS OR STRUCTURES.

22 (D) "EXECUTIVE DIRECTOR" MEANS THE DIRECTOR OF THE BUREAU OF

23 CONSTRUCTION CODES AS SET FORTH UNDER SECTION 7 OF THE

24 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT, 1972 PA

25 230, MCL 125.1507.

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