April 27, 2005, Introduced by Rep. David Law and referred to the Committee on Regulatory Reform.
A bill to amend 1941 PA 207, entitled
"Fire prevention code,"
by amending section 3c (MCL 29.3c), as amended by 1996 PA 152, and
by adding section 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3c. (1) The board shall promulgate rules pertaining to
fire safety requirements for the construction, operation, or
maintenance of all of the following:
(a) Schools and dormitories, including state supported
schools, colleges, and universities and school, college, and
university dormitories. Not later than 6 months after the
effective date of the amendatory act that added section 21, the
board, in consultation with the bureau of construction codes and
fire safety, shall promulgate rules requiring the installation of
devices for the monitoring and detecting of carbon monoxide in all
schools, colleges, and universities and school, college, and
university dormitories. The rules shall comply with the standards
described in section 21.
(b) Buildings for which the state is the lessee or which are
owned by the state.
(c) A health facility or agency as defined in section 20106 of
the
public health code, Act No. 368 of the Public Acts of 1978,
being
section 333.20106 of the Michigan Compiled Laws 1978 PA 368,
MCL 333.20106.
(d) Places of public assemblage.
(e)
Penal facilities as described in section 62 of Act No.
232
of the Public Acts of 1953, being section 791.262 of the
Michigan
Compiled Laws 1953 PA 232,
MCL 791.262.
(f) Dry cleaning establishments using flammable liquids.
(g) Mental
Psychiatric facilities
as described
in section
135
of the mental health code, Act No. 258 of the Public Acts of
1974,
being section 330.1135 of the Michigan Compiled Laws 1974 PA
258, MCL 330.1135.
(2) The board shall promulgate rules for the storage,
transportation,
and handling of liquefied petroleum gas,
and for
the storage, noncommercial transportation, and handling of other
hazardous materials, and for the implementation of this act.
(3) Rules promulgated pursuant to this act shall be consistent
with recognized good practice as evidenced by standards adopted by
nationally recognized authorities in the field of fire protection.
Experiences identified in the department's fire incidents reports
may be considered by the board as a qualified basis for review of
rules
promulgated and promulgation of rules
pursuant to under
this act.
(4) The state fire safety board, pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328, shall submit the
initial rules to the joint committee on administrative rules not
later
than October 28, 1982 for the certification of a firm which
that does any of the following:
(a) Installs, modifies, or documents the installation or
modification of a required fire suppression system.
(b) Documents the installation or modification of a required
fire alarm system.
(c) Performs testing, servicing, inspections, or maintenance
which
that has not been exempted by the rules promulgated by
the
board on required fire alarm systems or required fire suppression
systems.
(d) Submits a drawing, print, or sketch of a required fire
alarm system or required fire suppression system to the state fire
marshal for approval pursuant to section 29, except an architect or
professional engineer licensed under article 20 of the occupational
code, Act
No. 299 of the Public Acts of 1980, being sections
339.2001
to 339.2014 of the Michigan Compiled Laws 1980 PA 299,
MCL 339.2001 to 339.2014.
(5)
The state fire marshal shall is
not be required
to
consider fire safety rules other than those provided for in this
act
and in Act No. 306 of the Public Acts of 1937, being
sections
388.851
to 388.855a of the Michigan Compiled Laws 1937 PA 306, MCL
388.851 to 388.855a.
(6) A person may request a variation of the application of a
rule promulgated pursuant to this act by applying to the state fire
marshal. The state fire marshal may make a variation upon a finding
that the variation does not result in a hazard to life or property.
The finding shall be transmitted to the person requesting the
variation and shall be entered into the records of the department
of labor and economic growth. If the variation requested concerns a
building, the finding shall also be transmitted to the governing
body of the city, village, or township in which the building is
located.
(7) The entire board, except as provided in section 3b(4),
shall
act as a hearing body in accordance with Act No. 306 of the
Public
Acts of 1969 the
administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, to review and render decisions
on a contested case, a rule specified in this act, or a ruling of
the state fire marshal in the marshal's interpretation or
application of the rules. After a hearing, the board may vary the
application of a rule or may modify the ruling or interpretation of
the state fire marshal if the enforcement of the ruling or
interpretation would do manifest injustice and would be contrary to
the spirit and purpose of the rules or the public interest.
(8) A decision of the board to vary the application of a rule,
or to modify or change a ruling of the state fire marshal, shall
specify in what manner the variation, modification, or change is
made, the conditions upon which it is made, and the reasons for the
variation, modification, or change.
(9) If a local school board has passed a resolution calling
for an election on the question of the issuance of bonds for the
construction, remodeling, or addition to a school, which election
was held not later than September 28, 1989, which approved issuance
of the bonds and which construction was reasonably anticipated to
have begun not later than June 30, 1990, then the construction,
remodeling, or addition to that school is exempt from the rules
promulgated by the fire safety board entitled "schools, colleges,
and
universities", being former
R 29.301 to R 29.321 of the
Michigan
administrative code, that were filed with the Secretary
secretary
of State state on
July 14, 1989 and became effective on
July 29, 1989. The construction, remodeling, or addition to that
school is, however, subject to the standards contained in rules
promulgated
by the fire safety board entitled "school fire safety",
being
the former R 29.1 to R 29.298 of the Michigan
administrative
code. This subsection does not prevent the construction,
remodeling, or addition of a school from complying with former R
29.301 to R 29.321 of the Michigan administrative code.
Sec. 21. (1) The board, in consultation with the bureau of
construction codes and fire safety, shall promulgate rules
regarding the monitoring and detecting of carbon monoxide in
schools, colleges, and universities and school, college, and
university dormitories, which shall provide for the following:
(a) The number of monitors and detectors for particular
classes of buildings considering their size, age, and design.
(b) The permissible applications for existing buildings and
buildings under construction.
(2) The bureau of construction codes and fire safety shall
recommend to the board whether any existing national standards
created by a nationally recognized organization are appropriate for
adoption by reference in the rules.