Stille - DeRossett -Hale Single State Construction Code Act, 1972 PA 230 - PowerPoint Presentation

Stille -DeRossett-Hale Single State Construction Code Act, 1972 PA 230Construction of School Buildings Act, 1937 PA 306Elevator Safety Board, 1967 PA 227Elevator Licensing, 1976 PA 333Land Division Act, 1967 PA 288Mobile Home Commission Act, 1987 PA 96Skilled Trades Regulation Act, 2016 PA 407, includes Electrical, Mechanical, Boiler, and Plumbing licenses, and inspector registrationsState Boundary Commission Act, 1968 PA 191State Survey & Remonumentation Act, 1990 PA 345Utilization of Public Facilities by Physically Limited, 1966 PA 1The bold laws have some aspects on Barrier Free Design. Public Acts Enforced by BCC

The Barrier Free Design Board was in section 5 of the Utilization of Public Facilities by Physically Limited, 1966 PA 1, specifically MCL 125.1355(6). The board may perform the following: (a) Receive, review, process, grant, or deny requests for exceptions to the barrier free design requirements contained in Act No. 230 of the Public Acts of 1972, as amended, being sections 125.1501 to 125.1531 of the Michigan Compiled Laws, or rules promulgated under Act No. 230 of the Public Acts of 1972, as amended. The power to grant exceptions shall include the power to grant an exception to any or all of the barrier free design requirements contained in Act No. 230 of the Public Acts of 1972, as amended, for a stated time period and upon stated conditions.(b) Require alternatives when exceptions are granted.(c) Receive, process, review, and act on complaints of noncompliance.Barrier Free Design

Created by 1972 PA 230. Some responsibilities include review of decisions made by local boards of appeal, review of decisions made by Bureau enforcement staff, and appeals of decisions made by Bureau staff. The Commission hears Bureau enforcement staff appeals when acting as the local board of appeal for areas where the Bureau has local authority.The Commission hears appeals of local boards of appeals for all appeals, the Commission appeal is the final Administrative appeal, further appeals are to the Circuit Court. Construction Code Commission

The Barrier Free Design Board can make a determination on an exception request. The Barrier Free Design Board can hear a complaint of non-compliance.The Construction Code Commission can hear a complaint of non-compliance.The Construction Code Commission can hear an appeal of a decision by a local boards of appeals. Who does what?

Only the Barrier Free Design Board can grant exceptions from Michigan's barrier free code requirements. The law authorizes the Board to grant exceptions for stated time periods and conditions. MCL 125.1355a of 1966 PA 1, allows the board to grant exceptions to a barrier free design requirement if the board finds compelling need for the exception.  Compelling need can be found if the literal application of the requirement would result in exceptional, practical difficulty to the applicant. A "compelling need" includes, but is not limited to, structural, site, economic and technological limitations, jurisdictional conflicts or historical structures. This discretion allows the board to hear requests in the design, construction, or as-built phase of a project.Barrier Free Design - Request for Exception

Exception applications can be obtained through the Bureau of Construction Codes (BCC), Plan Review Division, the BCC website at  www.michigan.gov/bcc or local building departments. Detailed building or site drawings of all nonconforming areas and a $500.00 filing fee must accompany the completed application. Upon receipt of an application for an exception, division staff reviews the application.If the application is incomplete, the applicant will be notified of the additional items necessary to complete the application. If the application is complete, the applicant is advised of a prehearing conference and hearing will be scheduled by the Michigan Administrative Hearing System. Barrier Free Design - Request for Exception

The prehearing conference is an informal off-the-record discussion in which the applicant and/or the applicant's representative will meet with a staff member of the Plan Review Division to discuss the application and project, as well as possible alternatives and issues, which will be covered in the formal hearing.  Immediately following the prehearing conference, a hearing on-the-record will be conducted by an administrative law judge.The applicant has the responsibility at the hearing to explain the compelling reasons why an exception from the requirements is warranted for this project. After the hearing, the judge will prepare a written recommendation, which summarizes the facts in the case and recommends a decision to the Board. Barrier Free Design - Request for Exception

At the same time the recommendation is transmitted to the Board, the applicant and the other parties to the case will also receive copies.  A minimum of 10 days will transpire from the date of the recommendation and the date the Board takes final action. This period of time is provided to assure the applicant and the other parties an opportunity to review the recommendation and offer any written clarification or arguments believed necessary for the Board to consider before action being taken.Such clarification or arguments shall be in the form of a sworn statement. Action taken by the Board can be appealed to Circuit Court in the county where the project is located within 60 days of the Board's Final Order. In addition, the Board may order a rehearing in a contested case on its own motion or on request of a party. Barrier Free Design - Request for Exception

If an exception is granted, the Final Order of the Board will clearly detail any conditions or limitations established by the Board, which apply to the project. The Final Order granting the Exception must be displayed at a conspicuous location in the building and/or be available with the manager of the building for examination by the public, as a condition of the granting of the exception.Barrier Free Design - Request for Exception

The barrier free design exception process allows for petitions for leave to intervene. The petition may be filed at any time before the commencement of the initial hearing. The petition must state the interest of the petitioner and show their participation will assist in the determination of the issues. The intervention must not unnecessarily delay the exception proceedings. Such petitions shall be addressed to the Department of Licensing and Regulatory Affairs, Michigan Administrative Hearing System, with a copy to the Bureau of Construction Codes.Barrier Free Design - Exception Intervention

Status under intervention is not automatic. The petitioner must provide material to show that they have factual information that is germane to the exception request. The parties in the exception process (the applicant and building official) may submit briefs on the petition to intervene. The petition is reviewed by the presiding officer and a recommendation is prepared. The recommendation is forwarded to the Barrier Free Design Board for a final ruling on the intervention. Barrier Free Design - Exception Intervention

If the petitioner is granted status as an intervener, they become a party of the proceedings. They now have all the rights and responsibilities afforded the applicant and building official. All parties are entitled to copies of the documentation in the proceedings. And, each party is obligated to copy all parties when submitting materials for the proceedings. Barrier Free Design - Exception Intervention

A complainant has two distinctly different processes he or she can choose to seek relief concerning non-compliance of construction or as-built phases of a project.  Since two statutes apply dependent upon the stage of a project, it can complicate how a matter is addressed.  In order to simplify these overlapping statutes, we will process complaints based upon how a complainant wants to proceed.  The Barrier Free Design Board has the ability to entertain non-compliance complaints in the design, construction, or as-built phase of a project.OR  During construction of a project, the Stille - DeRossett -Hale Single State Construction Code Act, 1972 PA 230, complaint process can be utilized.  MCL 125.1512 allows the enforcing agency to conduct inspections to assure compliance.  MCL 125.1514 allows an interested person to appeal a decision of the enforcing agency to the local board of appeals. MCL 125.1516 allows a local board of appeals decision to be appealed to the State Construction Code Commission . Path for a Complaint of Non-Compliance

LIMITATIONS: We do not act as a court of law, so we cannot order that monies be refunded, contracts be canceled, damages be awarded, etc. We do not provide legal advice. We do not take action in matters involving business practices. We do not return copies of documents, pictures, plans, or plats.Path for a Complaint of Non-Compliance

Receive and Log Complaint The complaint information is logged into the computer database and a complaint file created.Within 5 days after receipt of the complaint and before taking direct actionMake a written acknowledgement of the complaint to the person making the complaint and Refer the complaint to the appropriate administrative authority requesting an investigation and written response within 15 business days from the date of mailing. (Rule 17)Refer the complaint to the building owner and request a written response within 15 business days from the date of mailing.All parties, including the complainant, receive all correspondence and notices.Barrier Free Design Board – Complaint of non-compliance

Upon receipt of the written response and/or investigation from the appropriate administrative authority and building owner, the Bureau reviews and makes a determination if the response is adequate. If the response is adequate, send a closing letter to the complainant and a Rule 18 letter to the appropriate administrative authority and the building owner.If the response is not adequate or there is no response, notify all parties of the next board meeting and the Bureau will request the board to authorize an investigation.Notify all parties of the board’s decision on the investigations authorization.If investigation denied, close the complaint.Barrier Free Design Board – Complaint of non-compliance

If an investigation is approved, it will be conducted by a BCC building inspector and a written report summarizing the findings of the investigation will be given to the Compliance Division within 15 business days of the authorization to investigate.Provide notice to the building owner of the allegations and the investigation time and date.The Compliance Division will provide the summary findings to all parties.Barrier Free Design Board – Complaint of non-compliance

If no violation is found, the report provided shall include a statement that the complaint is invalid and the rationale. This report should be titled “notice of the determination of invalidity”Complaint stays open for 20 business days for appeal pursuant to Rule 21.The complainant has 3 options, within 20 business days:Accept the findings.Provide additional information, if additional information challenges the invalidity process begins as new.Contest the invalidity and request a hearing. Complainant has the burden of proof of violation.If a hearing is conducted, the record and finding of facts and conclusion of law are presented to the Board. The Board makes a final decision.Barrier Free Design Board – Complaint of non-compliance

If a violation is found, the report will state the complaint is valid and cite the violations. “First notice of violation” sent via certified mail to owner, copies to all parties, not certified mail, notice informs of corrections required and of administrative appeal rights. Include this statement, “failure to request a hearing to contest the finding of violation or submit an application for exception within 15 business days after receipt of the first notice of violation constitutes a waiver of those options.”Within 15 business days of notice owner has 3 options:Concur with violations and begin immediate efforts to correct and notify appropriate administrative authority and us.Disagree with violations and request a hearing. Owner has the burden of proof of no violation.Agree with violations and submit an application for exception.Barrier Free Design Board – Complaint of non-compliance

If owner does not respond to first notice of violation within 15 days, a second and final notice of violation is sent via certified mail to the owner and regular mail to all parties. If no response the appropriate administrative authority shall commence proceedings to obtain compliance.If a hearing is conducted, the record and finding of facts and conclusion of law are presented to the Board. The Board makes a final decision.Barrier Free Design Board – Complaint of non-compliance

PERMIT AND INSPECTIONS The local building agency has the authority to regulate the building projects in its jurisdiction. This includes permitting, plan review, and inspecting new constructions and renovations in the local jurisdiction.COMPLAINTAny interested person can file a complaint with the local building agency for alleged non-compliance with the Utilization of Public Facilities by Physically Limited Act, or Barrier Free Design. The Complainant must follow the local authority complaint process, which is an appeal of the local building agency decision and is handled by the local Construction Board of Appeals. Where the Bureau of Construction Codes is the local authority the complaint must be in writing and is treated as an appeal to the Construction Code Commission Appeals Board. Construction Code Commission – Complaint of non-compliance

LOGGING OF COMPLAINT The complaint information is logged into the computer database and a complaint file created.REVIEW AND INFORMATION GATHERINGOnce received the Complainant is sent a communication indicating the Bureau has received the complaint and review of the allegations will be conducted.If review determines matter is outside the scope of Bureau authority or documentation provided is insufficient to determine a violation may have occurred, complainant is notified the complaint is closed with reasons for closure. If review of the allegations determines a violation may have occurred the submitted allegations are sent to the respondent(s) for their response. The response is collected and compiled for a hearing with the Construction Code Board of Appeals. Construction Code Board of Appeals - Appeal of non-compliance

INVESTIGATION The Bureau compiles the permit, inspection, and code records as necessary for the decision made with regards to the building inspection. Upon receipt of supporting documentation from all parties, a construction code appeal is moved to a hearing in front of the construction code appeal board.HEARINGHearings are conducted in front of the Appeal Board and parties in the complaint hearing are able to have counsel represent them. Testimony is provided by all interested parties who attend. The Board will prepare a decision at the conclusion of the hearing.The Board decision can be appealed to the Construction Code Commission. Construction Code Board of Appeals - Appeal of non-compliance

MCL 125.1514 requires the governmental subdivision enforcing the code to create a construction board of appeals .The governmental subdivision should also create the process for an appeal before the board.The process should include:Complaint, jurisdictions may charge a fee;Notice to all parties;Hearing before the Appeal Board; andWritten record of the proceedings and a decision of the Appeal Board. Decisions of the construction board of appeals can be appealed to the Construction Code Commission.Local Construction Board of Appeal Process

COMMISSION ACTION ON AN APPEAL FROM THE GOVERNMENTAL SUBDIVISION CONSTRUCTION BOARD OF APPEAL All interested parties are notified of the upcoming board meeting in which the board will render a decision regarding the appeal based upon the governmental subdivision board of appeal hearing transcript and written decision. The Commission, using the information in the hearing transcript and the written decision, will make a final determination of compliance pursuant to what is allowed by statute. Following the commission meeting, a Final Order of the commission is provided to the interested parties.Local Construction Board of Appeal Process

Complaints of non-compliance heard either by the Barrier Free Design Board or Construction Code Commission can ultimately be granted an exception if proper application is made and compelling need is found by the board. All Final Order’s can be appealed to the Circuit Court as the Final Order is the last Administrative Action the Department can make.A Circuit Court can compel compliance of a Final Order if an exception is not requested and granted.Any Complaint or Appeal of non-compliance