May 21, 2013, Introduced by Rep. Rendon and referred to the Committee on Military and Veterans Affairs.
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 For
purposes of this section, the
department shall only consider courses or activities given or
sponsored by any of the following as appropriate for fulfilling the
prelicensure
and continuing competency activities may be offered by
a
described in this section:
(a) A high school, intermediate school district, community
college,
or university. ,
(b)
The bureau of construction codes , or the Michigan
occupational
safety and health administration.
,
(c)
A trade association. ,
or a
(d) A proprietary school 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) 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) 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.