May 13, 2004, Introduced by Senators KUIPERS, JELINEK, McMANUS, BROWN and ALLEN and referred to the Committee on Commerce and Labor.
A bill to amend 1986 PA 54, entitled
"Building officials and inspectors registration act,"
(MCL 338.2301 to 338.2313) by adding section 10a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10a. (1) A building official shall perform his or her
2 duties within 30 days after a request for an inspection, a plan
3 review, or other code enforcement or administrative activity
4 included in the scope of his or her duties as a building
5 official. In response to the request for the services of a
6 building official, the building official shall indicate in
7 writing to the requestor any deficiency in the request or any
8 circumstances that would impede the completion of the requested
9 activity.
10 (2) A person requesting the service of a building official
11 that alleges noncompliance with subsection (1) shall report in
1 writing to the chief elected official of the governmental
2 subdivision within the enforcing agency regarding the
3 circumstances surrounding the noncompliance and request the chief
4 elected official to investigate the matter. If the investigation
5 is not conducted within 30 days, the requestor may notify in
6 writing the bureau of construction codes and fire safety within
7 the department of labor and economic growth. Upon receipt of
8 such a notice, the bureau of construction codes and fire safety
9 shall contact the chief elected official of the governmental
10 subdivision within the enforcing agency and inform the official
11 that the bureau of construction codes and fire safety shall
12 conduct the inspection. An inspection conducted by the bureau of
13 construction codes and fire safety shall be conducted within 30
14 days of the sending of the notification to the chief elected
15 official of the governmental subdivision within the enforcing
16 agency.
17 (3) Upon receipt of a notice under subsection (2), the bureau
18 of construction codes and fire safety shall conduct a performance
19 evaluation of the enforcing agency pursuant to section 9b of the
20 Stille-DeRossett-Hale single state construction code act, 1972 PA
21 230, MCL 125.1509b, and report its findings in writing to the
22 commission. If the commission determines that the notice of
23 noncompliance is valid, the commission shall issue a notice of
24 intent to withdraw code enforcement responsibility from the
25 enforcing agency and require the bureau of construction codes and
26 fire safety to provide the services of inspection and plan review
27 in that governmental subdivision. The enforcing agency may
1 appeal the decision pursuant to the provisions of the
2 Stille-DeRossett-Hale single state construction code act, 1972 PA
3 230, MCL 125.1501 to 125.1531.