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HOUSE BILL NO. 5905
A bill to amend 1972 PA 230, entitled
"Stille-DeRossett-Hale single state construction code act,"
by amending section 10 (MCL 125.1510), as amended by 2016 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Except as otherwise provided in the code and this 1
act, before construction of a building or structure, the owner, or 2
the owner's builder, contractor, architect, engineer, or agent, 3
shall submit an application in writing to the appropriate enforcing 4
agency for a building or construction permit. The application shall 5
must be on a form prescribed by the commission and shall be 6
April 29, 2026, Introduced by Rep. Pavlov and referred to Committee on Regulatory Reform.
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accompanied by payment of the fee established by the enforcing 1
agency. The application shall must contain a detailed statement in 2
writing, verified by affidavit of the individual making it, of the 3
specifications for the building or structure, and full and complete 4
copies of the plans drawn to scale of the proposed work. A site 5
plan showing the dimensions , and the location of the proposed 6
building or structure and other buildings or structures on the same 7
premises , shall must be submitted with the application. The 8
application shall must state in full the full name and residence, 9
by street and number, of the owner in fee of the land on which the 10
building or structure will be constructed, and the purposes for 11
which it the building or structure will be used. 12
(2) If construction is proposed to be undertaken by a person 13
other than the owner of the land in fee, the statement shall under 14
subsection (1) must contain the full name and residence, by street 15
and number, of the owner and also of the person proposing the 16
construction. The affidavit shall must state that the 17
specifications and plans are true and complete and contain a 18
correct description of the building or structure, lot or parcel, 19
and proposed work. The statements and affidavits may be made by an 20
owner, or the owner's attorney, agent, engineer, architect, or 21
builder, or contractor, or by the person who proposes to make the 22
construction or alteration, or by that person's agent, engineer, 23
architect, or builder. A person shall must not be recognized as the 24
agent, attorney, engineer, architect, or builder, or contractor of 25
another person unless the person seeking recognition files with the 26
enforcing agency a written instrument , which shall be that is an 27
architectural, engineering, or construction contract, power of 28
attorney, or letter of authorization signed by that other person 29
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designating that designates the person seeking recognition as the 1
agent, attorney, architect, engineer, or builder, and, in case of 2
or contractor. If the person seeking recognition is a residential 3
builder or maintenance and alteration contractor, architect, or 4
engineer, setting forth the written instrument must include the 5
license number of the person seeking recognition and the expiration 6
date of the license. 7
(3) A person licensed or required to be licensed as a 8
residential builder or residential maintenance and alteration 9
contractor under article 24 of the occupational code, 1980 PA 299, 10
MCL 339.101 to 339.2919, MCL 339.2401 to 339.2412, a plumbing 11
contractor or master or journeyman plumber under article 11 of the 12
skilled trades regulation act, 2016 PA 407, MCL 339.6101 to 13
339.6133, an electrical contractor, master electrician, or 14
electrical journeyman under article 7 of the skilled trades 15
regulation act, 2016 PA 407, MCL 339.5701 to 339.5739, or pursuant 16
to in accordance with a local ordinance, or a mechanical contractor 17
under article 8 of the skilled trades regulation act, 2016 PA 407, 18
MCL 339.5801 to 339.5819, who applies for a building permit to 19
perform work on a residential building or a residential structure 20
shall, in addition to any other information required pursuant to 21
under this act, provide on the building permit application all of 22
the following information: 23
(a) The occupational license number of the applicant and the 24
expiration date of the occupational license. 25
(b) One of the following: 26
(i) The name of each carrier providing worker's disability 27
compensation insurance to the applicant if the applicant is 28
required to be insured pursuant to under the worker's disability 29
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compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941. 1
(ii) The reasons for exemption from the requirement to be 2
insured if the applicant is not required to be insured under the 3
worker's disability compensation act of 1969, 1969 PA 317, MCL 4
418.101 to 418.941. 5
(c) One of the following: 6
(i) The employer identification number, if the applicant is 7
required to have an employer identification number pursuant to 8
under section 6109 of the internal revenue code of 1986, 26 USC 9
6109. 10
(ii) The reasons for exemption from the requirement to have an 11
employer identification number pursuant to under section 6109 of 12
the internal revenue code of 1986, 26 USC 6109, if the applicant is 13
not required to have an employer identification number pursuant to 14
under that section. 15
(d) One of the following: 16
(i) The Michigan employment security commission unemployment 17
insurance agency employer number, if the applicant is required to 18
make contributions pursuant to under the Michigan employment 19
security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75. 20
(ii) If the applicant is not required to make contributions, 21
the reasons for exemptions from the requirement to make 22
contributions under the Michigan employment security act, 1936 (Ex 23
Sess) PA 1, MCL 421.1 to 421.75. 24
(4) The building or construction permit application form shall 25
must contain the following statement in 8-point boldfaced type 26
immediately above the location for the applicant's signature: 27
"Section 23a of the state construction code act of 1972, 1972 28
PA 230, MCL 125.1523a, prohibits a person from conspiring to 29
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circumvent the licensing requirements of this state relating to 1
persons who are to perform work on a residential building or a 2
residential structure. Violators of section 23a are subjected to 3
civil fines." 4
(5) The application for a building permit shall must be filed 5
with the enforcing agency and the application and any other writing 6
prepared, owned, used, in the possession of, or retained by the 7
enforcing agency in the performance of an official function shall 8
must be made available to the public in compliance with the freedom 9
of information act, 1976 PA 442, MCL 15.231 to 15.246. An 10
application shall must not be removed from the custody of the 11
enforcing agency after a building or construction permit has been 12
issued. 13
(6) This section shall be construed to allow the imposition of 14
requirements in the code, or in other laws or ordinances, for 15
additional permits for particular kinds of work, including plumbing 16
and electrical, or in other specified situations. The requirements 17
of the code may provide for issuance of a construction permits 18
permit for certain of the systems of a structure and allow 19
construction to commence on those systems approved under that 20
permit even though the design and approval of all the systems of 21
the structure have not been completed and subsequent construction 22
permits have not been issued. 23
(7) A building or construction permit is not required for 24
ordinary repairs of a building or structure. 25
(8) A building or construction permit is not required for a 26
building incidental to the use for agricultural purposes of the 27
land on which the building is located if the building is not used 28
in the business of retail trade. 29
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(9) A qualifying roadside stand is exempt from the plumbing 1
fixture requirements of this act and the code and is not required 2
to have electric power. However, a qualifying roadside stand that 3
has electric power must comply with the electrical code. This 4
subsection does not exempt a qualifying roadside stand from a 5
requirement to obtain a building or construction permit. As used in 6
this subsection, "qualifying roadside stand" means a roadside stand 7
that meets all of the following requirements: 8
(a) Is used only for seasonal retail trade in agricultural 9
products. 10
(b) At least 50% of the agricultural products offered for sale 11
at the roadside stand are produced on a farm that is owned or 12
controlled by the person who owns the roadside stand. 13
(c) Is not larger than 400 square feet. 14
(d) Is securely anchored to the ground. 15
(10) A tent that meets the requirements of subsection (9)(a), 16
(b), and (c) is exempt from this act and the code. 17
(11) If a person submits an application to an enforcing agency 18
for a construction permit to install replacement equipment, the 19
enforcing agency shall not require the person to obtain 1 or more 20
additional construction permits for that installation if all of the 21
following conditions are met: 22
(a) The person is only connecting or adapting an existing 23
electrical circuit, gas line, vent, or water piping to the 24
replacement equipment. 25
(b) The replacement equipment is similar to the equipment 26
being replaced and has an output capacity and electrical amperage 27
requirements that are equal to or less than the equipment being 28
replaced. If the department or an enforcing agency requires proof 29
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that the replacement equipment meets the requirements of this 1
subdivision, either of the following is considered to be sufficient 2
evidence to satisfy that requirement: 3
(i) An affidavit from the contractor who installs the 4
replacement equipment that verifies the replacement equipment meets 5
the requirements of this subdivision. 6
(ii) Images taken by the contractor who installs the 7
replacement equipment that show the equipment being replaced before 8
the replacement occurs. 9
(c) The existing electrical circuit, gas line, vent, or water 10
piping that the contractor is connecting or adapting to the 11
replacement equipment meets the requirements of the code. 12
(12) As used in this section: 13
(a) "Construction permit" means a permit described in 14
subsection (6). 15
(b) "Contractor" means a person described in subsection (3). 16
(c) "Replacement equipment" means equipment that meets the 17
requirements of subsection (11)(b) that a person installs to 18
replace other equipment. 19