Sec. 1.

This act shall be known and may be cited as the “building officials and inspectors registration act”.

Sec. 2.

As used in this act:

(a) “Adopted” means a properly passed rule or ordinance.

(b) “Advisory board” means the building officials advisory board created pursuant to section 3.

(c) “Approved” means reviewed and found acceptable by the commission.

(d) “Building official” means a construction code enforcement person working as an inspector, or plan reviewer, or actively engaged in the administration and enforcement of adopted building, electrical, mechanical, or plumbing codes, or any combination of these codes.

(e) “Code” means the state construction code provided for in section 4 of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1504 of the Michigan Compiled Laws, or a part of that code which is of limited application, and includes a modification of or amendment to the code, or a nationally recognized model building code or other nationally recognized model code adopted by a governmental subdivision pursuant to section 8 of the state construction code act of 1972, being section 125.1508 of the Michigan Compiled Laws.

(f) “Commission” means the state construction code commission as established in section 3 of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1503 of the Michigan Compiled Laws.

(g) “Education or training program” means formal or informal courses, seminars, correspondence programs, and other teaching aids for building officials, plan reviewers, and inspectors which have been approved by the commission.

(h) “Enforcing agency” means an enforcing agency as defined in section 2 of the construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1502 of the Michigan Compiled Laws.

(i) “Inspector” means the person responsible for the administration and enforcement of the construction of buildings, structures, or appurtenances under the requirements of the applicable building, electrical, mechanical, or plumbing code administered and enforced within the jurisdiction of the employing enforcing agency employing the person.

(j) “Practical construction experience” means experience in construction related trades or code administration and enforcement which is found to be acceptable to the commission.

(k) “Plan reviewer” means a person engaged in the practice of examining construction documents for the purpose of determining compliance with applicable codes.

(l) “Provisional registration” means a building official, plan reviewer, or inspector who is registered subject to attaining the amount of training, education, and experience required by the appropriate board and the commission.

(m) “Registered” means a building official, plan reviewer, or inspector who is registered under this act.

(n) “Test” means a method of determining the qualifications of a person seeking registration as a building official, plan reviewer, or inspector under this act. Tests may be written, oral, practical, or a combination of written, oral, and practical. Completion of educational or training programs which have been approved by the commission may be substituted for appropriate tests or portions of tests.

(o) “Code change cycle” means the publication by a nationally recognized code writing body of a new edition of a basic code which includes all approved changes to the basic code since the previous edition. Code change cycle does not include changes to the basic code approved and published in annual supplements to the code.

Sec. 3.

(1) The building officials advisory board is created in the department of labor to assist the commission in establishing standards and criteria for the training and qualifications of building officials.

(2) The advisory board shall consist of 9 members appointed by the commission. Of those members first appointed, 3 shall be appointed for a term of 1 year, 3 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. The advisory board shall consist of the following:

(a) A building official who enforces the building officials and code administrators basic building code.

(b) A building official who enforces the uniform building code.

(c) A building official who enforces the Michigan building code.

(d) Two members of the general public, 1 of whom shall be a person with 1 or more disabilities.

(e) A registered architect or engineer.

(f) A building contractor.

(g) A building trades journey worker from a recognized apprentice course.

(h) A representative of small business.

(3) Of the 3 building officials appointed pursuant to subsection (2)(a), (b), and (c), 1 shall represent a county, 1 shall represent a city, and 1 shall represent a township or village.

Sec. 4.

(1) The commission shall promote effective and uniform enforcement of construction codes in the state by improving the competence of building officials, plan reviewers, and inspectors.

(2) The advisory board, barrier free design board, the electrical administrative board, the board of mechanical rules, and the state plumbing board shall participate in and work with the commission to establish both of the following:

(a) Minimum training and experience standards, qualifications, and classifications of responsibility applicable to persons engaged in the enforcement of codes, and plan reviews.

(b) Minimum criteria for the approval of educational or training programs and tests.

(3) The commission may review and approve prepared educational and training programs, tests, and instructors. The examination and evaluation of training and educational programs, instructors, and tests shall include, but not be limited to:

(a) Construction code administration.

(b) Specialty aspects of code program parts, including all of the following:

(i) Prohibited appliances.

(ii) Premanufactured units.

(iii) Approval of materials, products, and methods.

(iv) Barrier free design.

(v) Energy conservation.

(c) Inspection techniques.

(d) Communication skills.

(e) Human and public relations.

(f) Report writing.

(g) Plans and specifications reading.

(h) Pertinent laws, ordinances, rules, and policies.

(i) Construction practices.

(4) If the commission finds that the proposed educational or training courses or programs are acceptable under minimum requirements established under this section, the commission shall give approval to the courses or programs for a limited period of time and with appropriate qualifications as the commission prescribes.

(5) A board listed in section 4(2) shall recommend to the commission criteria for approval which relate to the board's function and are required by section 4(2). The commission shall give consideration to any submission by a board, but the commission shall have final responsibility for the approval of training standards and programs.

Sec. 5.

The commission shall promulgate rules for the administration of this act 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.

Sec. 6.

(1) Application for registration as a building official, plan reviewer, or inspector shall be made to the appropriate board listed in section 4(2) and to the commission along with the fee prescribed in section 13.

(2) Any person who on the effective date of this act has been engaged in the business of a building official, plan reviewer, or inspector for a period of 3 years shall, upon furnishing the appropriate board listed in section 4(2) with satisfactory evidence of having been so engaged, be registered if the person makes application to the commission within 6 months after the effective date of this act, and pays the fee prescribed in section 13.

(3) Any person who, on the effective date of this act, has been engaged in the business of a building official, plan reviewer, or inspector for a period of less than 3 years shall, upon furnishing the board with satisfactory evidence of having been so engaged, be provisionally registered if the person makes application to the commission within 6 months after the effective date of this act and pays the fee prescribed in section 13.

(4) Any person who, on the effective date of this act, has been engaged in the business of a building official, plan reviewer, or inspector for 3 of the 5 years immediately preceding the date of application shall, upon furnishing the appropriate board listed in section 4(2) with satisfactory evidence of having been so engaged, be registered, if the person makes application to the commission and pays the fee prescribed in section 13.

(5) The commission may issue an initial registration for a period of more or less than 3 years for the purpose of allowing subsequent registration renewal to coincide with the code change cycle.

Sec. 7.

A registered building official, plan reviewer, or inspector shall renew the registration at periods of not less than 3 years after the date of initial issue. The renewal shall coincide with the code change cycle of the code which the person is enforcing in that jurisdiction. Reregistration or renewal of an initial registration or provisional registration shall be based upon a determination by the appropriate board listed in section 4(2) of the applicant's familiarity with changes to the applicable codes administered and enforced within the jurisdiction of the enforcing agency employing the applicant and pertinent laws, and satisfactory evidence of attending local in-service training and education programs on an ongoing basis.

Sec. 8.

This act does not supersede the requirements applicable to inspectors contained in Act No. 266 of the Public Acts of 1929, being sections 338.901 to 338.917 of the Michigan Compiled Laws, or Act No. 217 of the Public Acts of 1956, being sections 338.881 to 338.892 of the Michigan Compiled Laws.

Sec. 9.

Upon written notice of hearing, the commission may revoke or suspend the registration of any building official, plan reviewer, or inspector if there is sufficient evidence showing that the registered person has violated this act or rules promulgated pursuant to this act, in the performance of his or her duties. In any proceeding under this act, the enforcing agency which employs the person may appear as a party in interest. All hearings shall be conducted 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.

Sec. 10.

(1) Performing instructional duties for educational purposes and providing contractual inspection and consulting services in construction code enforcement shall not be considered conflicts of interest.

(2) An inspector shall not be permitted to inspect his or her own work in a governmental subdivision. As used in this subsection and subsection (3), “governmental subdivision” means governmental subdivision as defined in section 2(1)(t) of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1502 of the Michigan Compiled Laws.

(3) A governmental subdivision may establish additional requirements and restrictions in the selection and hiring of construction code enforcement officials, inspectors, and plan reviewers.

(4) This act shall not be construed to limit or restrict the type of internal administrative organization an enforcing agency may choose, or to limit or otherwise affect the authority of the enforcing agency to dismiss or suspend a building official, inspector, or plan reviewer at its discretion.

Sec. 11.

Upon payment to the commission of the fee prescribed in section 13, the commission shall register and reregister without examination applicants licensed or certified under the laws of other states or national organizations having requirements for certified or licensed building officials, inspectors, or plan reviewers which the commission determines are equivalent to the requirements of this state for the purpose of establishing reciprocity privileges for building officials, inspectors, and plan reviewers.

Sec. 12.

(1) Subject to subsection (2), after 1 year after the effective date of this act, a person shall not be appointed or employed as a building official, inspector, or plan reviewer by an enforcing agency, unless the person is registered under this act and the rules promulgated under this act.

(2) Any person who, after the effective date of this act, becomes employed by a governmental subdivision as a building official, plan reviewer, or inspector shall within 30 days of employment make application to the commission for provisional registration. Upon furnishing the board with satisfactory evidence of being so employed by a governmental subdivision and payment of the fees prescribed in section 13, the person shall be provisionally registered.

(3) If the commission determines that an applicant for registration does not qualify for registration, the applicant shall be notified of that fact in writing and may appeal an adverse decision in the manner provided by Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

Sec. 13.

(1) The commission shall charge fees for registration of building officials, inspectors, and plan reviewers and for the examination and evaluation of training and educational programs and courses. An applicant for registration shall pay a registration fee of $10.00 a year to the commission for each year the registration covers.

(2) Fees established by the commission shall bear a reasonable relation to the cost for conducting training and educational programs and courses.

(3) Fees received by the commission pursuant to this act shall be deposited in the state construction code fund created by section 22 of the state construction code act of 1972, Act No. 230 of the Public Acts of 1972, being section 125.1522 of the Michigan Compiled Laws.