SENATE BILL No. 717

October 17, 2001, Introduced by Senators KOIVISTO and GOUGEON and referred to

the Committee on Human Resources and Labor.

A bill to amend 1972 PA 230, entitled

"Stille-DeRossett-Hale single state construction code act,"

by amending section 19 (MCL 125.1519).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 19. (1) The commission shall promulgate rules estab-

2 lishing a procedure by which a premanufactured unit intended for

3 use in this state may be issued a certificate of acceptability by

4 the commission at its place of manufacture.

5 (2) The procedure shall require that the manufacturer submit

6 to the commission detailed plans and specifications for the pre-

7 manufactured unit for approval as in compliance with the code.

8 It THE COMMISSION may require that the manufacturer submit to

9 the commission test results on the premanufactured unit or its

10 components, other ANY material or information the commission

11 considers relevant, or 1 or more of the premanufactured units for

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1 testing and evaluation BY THE COMMISSION. It shall require that

2 each

3 (3) EACH premanufactured unit SHALL be inspected by the com-

4 mission, or a qualified person selected by it THE COMMISSION,

5 to determine that the premanufactured unit has been manufactured

6 in accordance with plans and specifications submitted to the

7 commission and the code, or at the election of the commission,

8 that each UNDER SUBSECTION (2). THE COMMISSION MAY ISSUE A CER-

9 TIFICATE OF ACCEPTABILITY FOR A premanufactured unit bear THAT

10 BEARS the approved label of an independent, nationally recognized

11 body having follow-up inspection service satisfactory to the com-

12 mission, certifying that the premanufactured unit complies with

13 plans and specifications submitted to the commission and the

14 code UNDER SUBSECTION (2).

15 (4) THE APPROVAL OF THE PLANS AND SPECIFICATIONS AND THE

16 TESTING FOR 1- AND 2-FAMILY RESIDENTIAL DWELLINGS MAY BE PER-

17 FORMED BY THE COMMISSION OR AN INDEPENDENT ENTITY APPROVED BY THE

18 COMMISSION.

19 (5) A local enforcing agency may also inspect a premanufac-

20 tured unit at its place of manufacture to determine that it has

21 been manufactured in accordance with plans and specifications

22 submitted to the commission and in accordance with the code

23 UNDER SUBSECTION (2) and shall advise the state inspector and the

24 commission in writing of any deviations found.

25 (6) (2) If an application for a building permit specifying

26 use of a premanufactured unit with a certificate of acceptability

27 is submitted to an enforcing agency, and if the application,

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1 except for the part calling for use of a premanufactured unit

2 with a certificate of acceptability, complies with applicable

3 construction regulations, and zoning laws, and LOCAL ordi-

4 nances, the enforcing agency shall issue the building permit

5 within the time specified in this act.

6 (7) At the time of installation, a premanufactured unit with

7 a certificate of acceptability is subject only to such THE non-

8 destructive tests approved by the commission necessary to deter-

9 mine that it has not been damaged in transit or installation, and

10 that it has been installed in accordance with the building permit

11 and construction regulations.

12 (8) The fees established for a building permit when the

13 application therefor specifies use of a premanufactured unit

14 with a certificate of acceptability, or for inspection of the

15 installation of the premanufactured unit shall be intended to

16 bear a reasonable relation to the costs incurred by the enforcing

17 agency in performing such acts ISSUING A PERMIT OR PERFORMING

18 AN INSPECTION. A certificate of acceptability issued by the

19 commission shall not be used for advertising purposes.

20 (9) (3) Notwithstanding subsections (1) and (2) ANY

21 OTHER PROVISION OF THIS SECTION, an enforcing agency may object

22 to use of a premanufactured unit with a certificate of accepta-

23 bility on the basis that the premanufactured unit does not comply

24 with the code. If an enforcing agency on receipt of an applica-

25 tion for a building permit specifying the use of a premanufac-

26 tured unit does object, it may set forth its objections in

27 writing to the commission before issuance of a building permit

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1 and within 10 business days after receipt of the application.

2 Within 10 business days after receipt of the objections, the com-

3 mission, or a panel of 3 or more members designated for that pur-

4 pose by its chairman, shall hold a hearing on the objections in

5 accordance with rules to be promulgated by the commission.

6 After the hearing, the commission, or its panel, within 3 busi-

7 ness days shall determine 1 of the following:

8 (a) The premanufactured unit does not comply with the code

9 in which case subsections (1) and (2) shall not apply AND ORDER

10 THAT THE CERTIFICATE OF ACCEPTABILITY BE VOIDED.

11 (b) The premanufactured unit requires additional testing and

12 evaluation in which case the testing and evaluation shall be con-

13 ducted in accordance with subsection (1) THIS SECTION.

14 (c) The objections are not valid in which case AND ORDER

15 the enforcing agency shall TO issue the building permit within

16 3 business days.

17 (10) A CERTIFICATE OF ACCEPTABILITY ISSUED BY THE COMMISSION

18 SHALL NOT BE USED FOR ADVERTISING PURPOSES.

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