HB-4756, As Passed House, June 13, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4756

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2404b. (1) Beginning the effective date of the amendatory

 

act that added this section, applicants June 1, 2008, an applicant

 

for initial licensure either as a residential builder or as a

 

residential maintenance and alteration contractor shall must

 

successfully complete a prelicensure course of study as prescribed

 

by required under this subsection to obtain a license. Licensees

 

holding A licensee that holds a residential builder or a

 

residential maintenance and alteration contractor license on the

 

effective date of the amendatory act that added this section that

 

are June 1, 2008 and is renewing a license in the capacity of an

 

individual or qualifying officer, or both, are is exempt from the

 

requirement of successfully completing prelicensure courses

 

described in this subsection. The Subject to subsections (11) and

 

(12), the department shall require an applicant not exempted who is

 

not exempt under this subsection to successfully complete 60 hours

 

of approved prelicensure courses consisting of at least 6 hours of

 

courses in each of the following areas of competency:

 

     (a) Business management, estimating, and job costing.

 

     (b) Design and building science.

 

     (c) Contracts, liability, and risk management.

 

     (d) Marketing and sales.

 

     (e) Project management and scheduling.

 

     (f) The current Michigan residential code.

 

     (g) Construction safety standards promulgated under the

 

Michigan occupational safety and health act, 1974 PA 154, MCL

 

408.1001 to 408.1094.

 

     (2) Beginning in the 2009 calendar year, after the effective

 

date of the amendatory act that added this section, a person

 

obtaining initial licensure an individual shall not receive an

 

initial license under this article as a residential builder or a

 

residential maintenance and alteration contractor shall if he or

 

she does not successfully complete not less than 1 of the

 

following:

 

     (a) If subdivision (b) does not apply, at least 3 hours of

 

activities demonstrating continuing competency per in each calendar

 

year, during the first 6 calendar years of licensure, and 21 hours

 

per in each 3-year time period since the issuance of his or her

 

license. At least 3 hours shall be devoted to those activities

 

designed to develop a licensee's understanding and ability to apply

 

state building codes and laws relating to the licensed occupation,

 

safety, and changes in construction and business management laws. A

 

     (b) If a licensee who has held a license for more than 6 years

 

or who and has not been determined by the department in the subject

 

of a final order to have violated this act or a rule adopted under

 

this act shall successfully complete under subsection (3), at least

 

3 hours of activities demonstrating continuing competency per in

 

each license cycle to include that includes 1 hour of codes, 1 hour

 

of safety, and 1 hour of legal issues as described in this

 

subsection.

 

     (3) In the case of a licensee who has been If the department

 

has determined by the department in a final order to have that a

 

licensee has violated this act or a rule adopted under this act, he

 

or she shall the licensee must successfully complete, during the

 

next complete license cycle, up to 21 hours of activities that

 

demonstrate the development of continuing competency during that

 

next license cycle as determined appropriate by order of the

 

department, at least 3 hours of that continuing competency to

 

include that includes at least 1 hour of codes, 1 hour of safety,

 

and 1 hour of legal issues as described in subsection (2).

 

     (4) As activities that demonstrate the development of

 

continuing competency, For purposes of this section, the education

 

courses described in section 3, pages 3-6 through to 3-58 of the

 

January 2005 edition of the publication "NAHB University of

 

Housing, Blueprint for Success", published by the national

 

association of home builders, and taught by instructors meeting the

 

requirements of section 4, pages 4-5 through 4-9 of the January

 

2005 edition of "NAHB University of Housing, Blueprint for

 

Success", are considered approved, are considered appropriate for

 

fulfilling the prelicensure and continuing competency requirements

 

of subsections (1), (2), and (3), and are incorporated by

 

reference. A licensee may take any courses equivalent to those the

 

courses incorporated by reference by this subsection. Updates to

 

the courses described in this subsection or equivalent courses are

 

acceptable unless the department determines that the courses do not

 

provide a means of developing and maintaining continuing competency

 

for those applicants or licensees who successfully fulfill the

 

course requirements. Any construction code update courses approved

 

by the bureau of construction codes as well as and any fire safety

 

or workplace safety courses approved or sponsored by the department

 

are also considered appropriate for fulfilling the continuing

 

competency requirements of this subsection. The department may, by

 

rule, amend, supplement, update, substitute, or determine

 

equivalency regarding any courses or alternate activities for

 

developing continuing competency described in this subsection.

 

     (5) The department may waive the requirement of membership in

 

a local, state, or national trade association contained in the

 

instructor standards of section 4, pages 4-5 through to 4-9 of the

 

January 2005 edition of the publication "NAHB University of

 

Housing, Blueprint for Success", published by the national

 

association of home builders, and incorporated by reference. By

 

rule, the department may amend, supplement, update, substitute, or

 

determine equivalency regarding the standards in this subsection

 

and shall establish instructor qualifications for courses not

 

incorporated by reference in subsection (4).

 

     (6) The subject matter of the prelicensure and continuing

 

competency activities may be offered by a high school, an

 

intermediate school district, a community college, a university,

 

the bureau of construction codes, the Michigan occupational safety

 

and health administration, a trade association, or a proprietary

 

school that is licensed by the department as meeting the subject

 

matter qualifications described in subsection (4) and the

 

instructional qualifications described in subsection (5).

 

     (7) The department shall promulgate rules to provide for the

 

following:

 

     (a) Requirements other than those listed in subsection (4) for

 

determining that a course meets the minimum criteria for developing

 

and maintaining continuing competency.

 

     (b) Requirements for acceptable courses offered at seminars

 

and conventions by trade associations, research institutes, risk

 

management entities, manufacturers, suppliers, governmental

 

agencies other than those named in subsection (4), consulting

 

agencies, or other entities.

 

     (c) Acceptable distance learning.

 

     (d) Alternate forms of continuing competency, including

 

comprehensive testing, participation in mentoring programs,

 

research, participation in code hearings conducted by the

 

international code council, and publication of articles in a trade

 

journal journals or regional magazine magazines as an expert in the

 

field. The alternate forms shall be designed to maintain and

 

improve the licensee's ability to perform the occupation with

 

competence and shall prescribe proofs that are necessary to

 

demonstrate that the licensee has fulfilled the requirements of

 

continuing competency.

 

     (8) Each licensee may select approved courses in his or her

 

subject matter area or specialty. Service as a lecturer or

 

discussion leader in an approved course shall be counted toward the

 

continuing competency requirements of this section. Alternate forms

 

of continuing competency may be earned and documented as

 

promulgated in rules by the department.

 

     (9) The department may audit a predetermined percentage of

 

licensees who renew in a year for to determine their compliance

 

with the requirements of this section. Failure The department shall

 

initiate a complaint against and investigate a licensee that fails

 

to comply with the an audit or the requirements shall result in the

 

investigation of a complaint initiated by the department, of this

 

section, and the licensee is subject to the penalties prescribed in

 

this act for that failure.

 

     (10) A licensee as a licensed residential builder or

 

residential alteration and maintenance contractor may apply for

 

inactive status by completing an application, made available by the

 

department, in which he or she declares that he or she is no longer

 

actively engaged in the practice authorized by his or her license

 

and temporarily intends to suspend activity authorized by his or

 

her license. Upon submission of If a completed application is

 

submitted, the department shall designate the licensee as inactive

 

and note that status on records available to the public. A licensee

 

who is designated as inactive must have a current copy of the

 

Michigan residential code and is exempt from the continuing

 

competency requirements imposed under this section, but must still

 

pay the per-year license fee. An inactive licensee may activate his

 

or her license by submitting an application to the department

 

requesting activation of the license. Upon activation of a If the

 

department activates an inactive license, the licensee must

 

complete at least 1 credit hour of continuing competency for that

 

calendar year.

 

     (11) Subject to subsection (13), an applicant for initial

 

licensure as a residential builder or residential maintenance and

 

alteration contractor is exempt from the requirements of subsection

 

(1) if he or she meets all of the following:

 

     (a) Served as an active duty member of the armed forces.

 

     (b) While on active duty, was engaged in the erection,

 

construction, replacement, repair, alteration, or demolition of

 

buildings or other structures.

 

     (c) Was not dishonorably discharged from military service.

 

     (d) Has, and provides with his or her application an affidavit

 

signed by a commanding officer, supervisor, or military superior

 

with direct knowledge of the applicant's service that he or she

 

has, entry-level experience in or basic knowledge of each of the

 

areas of competency described in subsection (1)(a) to (g).

 

     (12) If an applicant who otherwise meets the requirements of

 

subsection (11) does not have entry-level experience in or basic

 

knowledge of each of the areas of competency described in

 

subsection (1)(a) to (g), he or she may provide with his or her

 

application an affidavit signed by a commanding officer,

 

supervisor, or military superior with direct knowledge of the

 

applicant's service that states in which of those areas of

 

competency the applicant has entry-level experience or basic

 

knowledge, and the department may in its discretion grant the

 

applicant credit toward the 60-hour prelicensure education

 

requirement of subsection (1) based on that experience or

 

knowledge.

 

     (13) If an applicant for initial licensure as a residential

 

builder or residential maintenance and alteration contractor

 

described in subsection (11) does not pass the examination for that

 

license the first time he or she takes the examination, that

 

applicant must successfully complete a prelicensure course of study

 

described in subsection (1) to obtain a license.

 

     (14) As used in the section, "armed forces" means that term as

 

defined in section 2 of the veteran right to employment services

 

act, 1994 PA 39, MCL 35.1092.

 

     Enacting section 1. This amendatory act takes effect upon the

 

expiration of 90 days after the date it is enacted into law.