SENATE BILL NO. 314

May 02, 2023, Introduced by Senators HERTEL, HAUCK, WOJNO, BELLINO, SANTANA, HOITENGA, SINGH and CAVANAGH and referred to the Committee on Regulatory Affairs.

A bill to amend 1937 PA 306, entitled

"An act to promote the safety, welfare, and educational interests of the people of this state by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, certain public or private school buildings or additions to those buildings and by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, buildings leased or acquired for school purposes; to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,"

by amending sections 1, 1a, and 2 (MCL 388.851, 388.851a, and 388.852), section 1 as amended by 2004 PA 510 and section 2 as amended by 2002 PA 627.

the people of the state of michigan enact:

Sec. 1. (1) Except as provided in subsection (2), a school building, public or private, or any additions to a school building, shall must not be erected, constructed or remodeled , or reconstructed in this state unless all of the following requirements are met:

(a) All plans and specifications for buildings shall must be prepared by an architect or professional engineer who is licensed in this state or a design-builder that employs an architect or professional engineer and who prepared the plans or specifications. An Except as otherwise provided in subsection (3), an architect or professional engineer licensed in this state or another person qualified to supervise construction or remodeling shall supervise the construction or remodeling of a school building. For energy conservation improvements and services under section 1274a of the revised school code, 1976 PA 451, MCL 380.1274a, the licensed architect, or professional engineer, or design-builder may be directly affiliated with the qualified provider , as defined under that section, that is providing the applicable improvements and services. However, the The specifications for the project shall must be generic in character and, to the extent possible, shall must not include proprietary equipment or technology developed by the qualified provider or in which the qualified provider has an interest.

(b) All walls, floors, partitions, and roofs shall must be constructed of fire-resisting materials such as stone, brick, tile, concrete, gypsum, steel, or similar fire-resisting material. All steel members shall must be protected by at least 3/4 of an inch of fire-resisting material.

(c) Wood lath or wood furring shall must not be used in the construction. This requirement does not prohibit the use of finished wood flooring, wood door and window frames, wood sash, or wood furring and grounds, for the purpose of installing wood trim, panelling, acoustical units, or similar facing materials on masonry walls, structural steel, or concrete ceiling members.

(d) Every A room enclosing a heating unit shall must be enclosed by walls of fire-resisting materials and shall be equipped with automatically closing fire doors. A heating unit shall must not be located directly beneath any portion of a school building or addition that is constructed or reconstructed after January 1, 2003. This requirement does not require the removal of an existing heating plant from beneath an existing building when an addition to the building is constructed unless the department requires that removal in the interests of the public safety. In any school where natural gas or any other kind of gas is used for heating purposes, before its use, the gas shall must be chemically treated before being used in such a manner as to give a very distinguishable odor if a leak develops in the heating system.

(e) In a gymnasium, fire-proofings may be omitted from the trusses and purlins if they are more than 16 feet off the main floor level.

(f) The architect, or the professional engineer, or a design-builder described in subsection (1)(a) shall provide adequate exits from all parts of a school building. In all cases, there shall must be at least 2 stairways and the distance from the door of any class classroom or assembly room to a stairway or exit shall must not exceed 100 feet.

(g) A requirement in subdivisions (b) to (f) may be waived in writing by the department.

(h) Compliance with section 1b.

(2) The director of the department shall promulgate rules that establish standards and requirements for the relocation and reuse of used modular classrooms. The rules shall must require an inspection of a the relocated used modular classroom at its original location, at its new location, or at any location where repairs are made to the used modular classroom.

(3) Subject to subsection (1), a design-builder that employs an architect or a professional engineer may construct or remodel a school building, or any additions to the school building, if that architect or professional engineer directly supervises all of the following:

(a) The construction or remodeling of the school building.

(b) The review of the materials used in the construction or remodeling of the school building.

(c) The review of the completed phases of the construction or remodeling of the school building.

(4) (3) As used in this section: , "department"

(a) "Department" means the department of labor and economic growth.licensing and regulatory affairs.

(b) "Qualified provider" means that term as defined in section 1274a of the revised school code, 1976 PA 451, MCL 380.1274a.

Sec. 1a. (1) Words and phrases used in this act shall be defined as follows:As used in this act:

(a) "School buildings" shall include all buildings used for school purposes."Addition" means added space that results in additional cubic contents to an existing school building.

(b) "Architect or professional engineer" means an architect or professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

(c) "Construction" means that term as defined in section 2a of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1502a.

(d) "Design-build construction services" means a project delivery method that meets all of the following requirements:

(i) A school district engages the services of a design-criteria developer to prepare a design-criteria package for the school district for a design-build project.

(ii) A school district contracts with a single individual or entity for both design services and construction services.

(iii) Design and construction of the project is either of the following:

(A) Sequential, with the entire design complete before construction commences.

(B) Concurrent, with the design produced in 2 or more phases and construction of some phases commencing before the entire design is complete.

(iv) Selection is a single-phase selection using price and qualification to determine best value.

(e) "Design-builder" means an entity that provides design-build construction services.

(f) "Design-criteria developer" means an individual who meets both of the following requirements:

(i) Is a licensed architect in this state.

(ii) Is responsible for preparing a design-criteria package.

(g) "Design-criteria package" means a set of documents that provides sufficient information to permit a design-criteria developer to prepare a proposal in response to a school district's request for proposals.

(h) (b) "Remodeling" shall mean means the alteration, construction, or remodeling of partitions, hallways, stairways, and means of egress, and the replacement, relocation, or reconstruction of an electrical system, or heating, ventilating, and sanitary equipment.

(c) "Addition" shall mean added space which results in additional cubic contents to existing building.

(i) "School building" means a building used for school purposes.

(j) (d) "Total cost" shall be interpreted to mean means the monetary worth of the building when ready for occupancy, regardless of the source of funds, labor, or material, and shall include includes the cost of general construction, plumbing, heating and ventilation, electrical work, all fixed equipment, together with and the cost of architects, engineers, and building superintending services.

(2) (e) A building having that has a basement shall be is considered to be a 2 story building for the purposes of this act.

Sec. 2. (1) The licensed architect, or professional engineer, or design-builder described in section 1(1)(a) preparing the plans and specifications of a school building is responsible for assuring that the design documents provide for a structure with sufficient structural strength and fire resistance and that the building will meet all applicable codes, standards, and regulations.

(2) The person supervising the construction of a school building is responsible for the construction of the school building in conformance with the approved plans and specifications prepared by the licensed architect, or professional engineer, or design-builder described in section 1(1)(a).

(3) A person that violates this section is subject to all of the following:

(a) A state civil infraction punishable by a civil fine of not more than $10,000.00.

(b) If the person knowingly violated this section, a misdemeanor punishable by a fine of not more than $10,000.00 or imprisonment for not more than 180 days, or both.