HOUSE BILL No. 4056

 

January 22, 2009, Introduced by Reps. Valentine, Terry Brown, Clemente, Bauer, Smith, Roberts, Lahti, Roy Schmidt, Bennett, Dean and Meadows and referred to the Committee on Energy and Technology.

 

     A bill to amend 1972 PA 230, entitled

 

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

 

by amending section 11 (MCL 125.1511).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) The enforcing agency shall examine an application

 

for a building permit. If the application conforms to this act, the

 

code, and the requirements of other applicable laws and ordinances,

 

the enforcing agency shall approve the application and issue a

 

building permit to the applicant. An Except as otherwise provided

 

in subsection (2), an application shall be granted, in whole or in

 

part, or denied within 10 business days, except that in case of an

 

unusually complicated building or structure, action shall be taken

 

within 15 business days. Failure by an enforcing agency to grant,

 

in whole or in part, or deny an application within these periods of

 


time shall be deemed is considered a denial of the application for

 

purposes of authorizing the institution of an appeal to the

 

appropriate board of appeals. The enforcing agency shall approve

 

changes in plans and specifications previously approved by it, if

 

the changes require approval and if the plans and specifications

 

when so changed remain in conformity with law. Except as otherwise

 

provided in this act or the code, the construction or alteration of

 

a building or structure shall not be commenced until a building

 

permit has been issued. The construction of a building or structure

 

shall comply with the approved application for a building permit,

 

and the enforcing agency shall insure such compliance in the manner

 

provided in section 12 and in any other way it deems considers

 

appropriate.

 

     (2) If plans submitted with an application are certified at

 

any level by LEED, the application shall be granted, in whole or

 

part, or denied within 5 business days.

 

     (3) (2) The enforcing agency may suspend, revoke, or cancel a

 

building permit in case of failure or neglect to comply with the

 

provisions of this act or the code, or upon a finding by it that a

 

false statement or representation has been made in the application

 

for the building permit.

 

     (4) As used in this section, "LEED" means the leadership in

 

environmental design rating system developed by the United States

 

green building council.