C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. Department of Licensing & Regulatory Affairs Bureau of Construction Codes Keith E. Lambert, P.S., Deputy Director (#2183) Dianne Barmes, Specialist Mike Somers, Specialist Administration & Enforcement of the Code Course #18321 February 3, :00-12:00 - Administration

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. 1.AUTHORITY 2.ROLES & RESPONSIBILITIES 3.COMMUNICATION LINES 4.Q & A 5.OUTSIDE TOPICS 6.PRESENTATION INFO 7.CONTACT INFO GOALS

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D PA 230 – Code Administration 1972 PA 230 – Associated Statutes 1956 PA 217 – Electrical Contractor Licensing 1956 PA PA 1 – Utilization of Public Facilities 1966 PA PA 192 – Mechanical Contractor Licensing 1984 PA PA 54 – Code Official/Inspector Licensing 1986 PA PA 96 – Mobile Home Park Licensing 1987 PA PA 733 – Plumbing Contractor Licensing 2002 PA 733 – Associated Construction Codes & Licensing Rules AUTHORITY HIERARCHY

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL a – definitions MCL a – Building Official MCL of 1986 PA 54 MCL – Inspector – Code (Section 4) MCL – What the code shall consist of – Purpose of the code – Code promulgation participation Sdsdsadad 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL a – definitions (continued) MCL a – Enforcing Agency (Section 8a or 8b) MCL a Provides for joint enforcement Requires passage of an ordinance – Governmental Subdivision (Section 8a or 8b) MCL b Issue complaints/prosecute violations Rescind ordinance Sdfd 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL b – Performance evaluation MCL b – Optional, not a mandated requirement to be conducted – May be generated based upon complaint or request – Complaint based Must be referred to enforcing agency for response – Inadequate response » Commission involvement 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Permit application MCL – Who can apply Residential – Residential builder or maintenance and alteration contractor – Plumbing contractor, master or journey plumber – Electrical contractor, master electrician or electrical journeyman – Mechanical contractor – Homeowner Section 14 (1) (Construction Board of Appeals) A construction board of appeals for each governmental subdivision enforcing the code shall be created consisting of not less than 3 nor more than 7 members as determined by the governing board of the governmental body. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. If an enforcing agency refuses to grant an application, or makes any other decision to the board of appeals. A record of decisions made by the board of appeals, properly indexed, and any other writing prepared, owned, used, or retained by the board of appeals shall be made available to the public in compliance with Act No.442 of the Public Acts of PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Permit application (cont.) – Where do conflicts arise Licensing Statutes MCL , MCL & MCL MCL MCL MCL – How are they resolved Code Administration Statute MCL – Is a physical license needed to issue a permit 1972 PA 230 & Licensing Statutes do not addressdo not address 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Permit application (cont.) MCL – Commercial (MCL & )MCL Owner, owner’s builder, architect, engineer, or agent (attorney) Plumbing contractor or master plumber (designee) Electrical contractor, master electrician, electrical journeyman, fire alarm contractor, fire alarm specialty technician, sign specialty contractor, or sign specialist Mechanical contractor 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Permit application (cont.) MCL – Who establishes the fees The legislative body of the governmental subdivision The department director after a public hearing – Fees are determined on what basis Reasonable cost to perform the work by the enforcing agency MCL PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Inspection authority & responsibility MCL – Permit Owner consents to premise being inspected – Construction contrary to a permit or no permit Violation notification and notice to stop construction order Failure to show good cause – Stop construction order issued 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Certificate of Occupancy MCL – Issued after Work covered by the permit is complete Work performed in accordance with the code Word performed in compliance with applicable statutes and ordinances 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Appeals of Decisions MCL – Governmental subdivision must have construction board of appeals – Interested party may file an appeal in writing (no application or form is necessary) – Failure by the board to hear appeal within 30 days of submission allows the construction code commission to hear appeal 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Appeal to the commission MCL – Interested party may appeal board decision Within 10 business days after filed decision Or for failure of board to act within prescribed time 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Assistance MCL – Enforcing agency may request – Department may grant May be based upon: – Project specific – Plan review/inspection only – Conflict of interest – Other factual circumstances 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Unlawful Conduct (action subject to a misdemeanor and $500 fine) MCL – Violation of the act, code, or rules – Building in violation of a condition of a permit (???) – Failure to comply with an order – Issues certificate, permit, or license in violation of act or other applicable laws – Conceals violation of act or other applicable laws 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Unlawful Conduct (cont.) MCL – Complaint filed concerning performance evaluation (MCL b) may lead to unlawful conduct finding of an official/inspectorMCL b – This action could lead to revocation of registration by the commission MCL MCL PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL a – Civil Violation MCL a – Person who performs residential work without being properly licensed is subject to a civil violation and responsible for a fine between $100 and $500 – The local prosecuting attorney or attorney general may enforce this section of the act 1972 PA 230

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Department communication regarding mobile home parks MCL – Requires notification be sent to local governments that have assumed responsibility for the administration and enforcement of 1972 PA PA 230 – Complaints imminently threatening the health and safety of park residents will be provided 1987 PA 96

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Local ordinances requiring safety inspections of rented units within parks MCL – Ordinance must apply to all rental housing within the local jurisdiction – Safety inspections can be conducted based upon tenant complaints – Safety inspections can include building, electrical, mechanical, and plumbing items 1987 PA 96

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Local government inspections MCL – Can be conducted based upon reasonable belief that the act, code, or rules were violated – Responsibilities LARA and/or DEQ/local health department (act, rules) Enforcing agency (code) Everyone (written communication on violations) 1987 PA 96

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. MCL – Municipal Enforcement MCL – Local ordinances are not prohibited from being enforced – Appropriate action can be taken to protect the health, safety, and welfare of the public 1987 PA 96

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. Presentation & material available on request Contact Information: – Keith – Dianne – Mike – Bureau (517) st Floor Ottawa Building 611 W. Ottawa St. Lansing, MI INFORMATION