April 17, 2013, Introduced by Rep. Foster and referred to the Committee on Regulatory Reform.
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 for initial licensure
either
June 1, 2008, the department
shall not issue a license to an
individual applying for an initial individual license as a
residential builder or as a residential maintenance and alteration
contractor
shall successfully complete a prelicensure course of
study
as prescribed by this subsection. Licensees holding unless he
or she has successfully completed the prelicensure course of study
requirements of this subsection or is exempt from those
requirements under this subsection. All of the following apply for
purposes of this subsection:
(a)
If a residential builder or a residential
maintenance and
alteration contractor who held an individual license, or an
individual who held a license as a qualifying officer of a licensed
residential builder or residential maintenance and alteration
contractor,
on the effective date of the
amendatory act that added
this
section that are June 1, 2008
is renewing a that license, in
the
capacity of an individual or qualifying officer, or both, are
he or she is exempt from the requirement of successfully completing
prelicensure
courses described in this subsection. The department
shall
require an applicant not exempted under this subsection to
(b) If an individual is applying for a license or relicensure
as a residential builder or residential maintenance and alteration
contractor, and he or she held an individual license as a
residential builder or residential maintenance and alteration
contractor, or held a license as a qualifying officer of a licensed
residential builder or residential maintenance and alteration
contractor, at any time within the 9-year period preceding his or
her application, that individual is exempt from the requirement of
successfully completing prelicensure courses described in this
subsection.
(c) Unless he or she is exempt under subdivision (a) or (b),
an applicant shall not receive an initial license under this act
unless
he or she successfully complete completes 60 hours of
approved
prelicensure courses consisting of that include at least 6
hours of courses in each of the following areas of competency:
(i) (a)
Business management, estimating,
and job costing.
(ii) (b)
Design and building science.
(iii) (c)
Contracts, liability, and risk
management.
(iv) (d)
Marketing and sales.
(v) (e)
Project management and scheduling.
(vi) (f)
The current Michigan
residential code.
(vii) (g)
Construction safety standards
promulgated under the
Michigan occupational safety and health act, 1974 PA 154, MCL
408.1001 to 408.1094.
(2)
Beginning the calendar year after the effective date of
the
amendatory act that added this section, a person obtaining
initial
licensure under this article in
the 2009 calendar year, the
following apply to an individual licensee under this article, as
applicable:
(a) If the individual licensee obtained his or her initial
license as a residential builder or a residential maintenance and
alteration
contractor shall on or
after January 1, 2009, he or she
must
successfully complete not less than at least 21 hours of
activities that demonstrate continuing competence in each 3-year
license cycle, including both of the following:
(i) At least 3 hours of
activities demonstrating that
demonstrate
continuing competency per in each calendar
year ,
during
the first 6 calendar years of licensure.
, and 21 hours per
3-year
time period since the issuance of his or her license.
(ii) At least 3 hours shall
be devoted to those of activities
designed
to develop a an individual
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 licensee who
(b) If the individual licensee was initially licensed as a
licensed residential builder or residential maintenance and
alteration contractor, or held a license as a qualifying officer of
a licensed residential builder or residential maintenance and
alteration contractor, before January 1, 2009, he or she has held a
license for 6 years or less, and the department has not determined
in a final order that he or she has violated this act or a rule
promulgated under this act, he or she must successfully complete at
least 3 hours of activities that demonstrate continuing competency
in each 3-year license cycle that includes at least 1 hour of
codes, 1 hour of safety, and 1 hour of legal issues described in
this subsection.
(c) If the individual licensee has held a license for more
than
6 years or who has not been determined by and the department
has
not determined in a final order to
have that he or she has
violated
this act or a rule adopted promulgated
under this act,
shall
he or she must successfully complete at least 3 hours of
activities
demonstrating continuing competency per in each license
cycle
to include that includes
at least 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 determined by In
addition to the requirements of subsection (2), if the department
determines
in a final order to have that an individual licensee has
violated
this act or a rule adopted promulgated
under this act, he
or
she shall must successfully complete, during the next complete
license
cycle, up to at least 3
and not more than 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 At
least 3 hours of
that
continuing competency to must
include 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, the education courses described in section
3,
pages 3-6 through 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 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 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).
(5) (6)
The subject matter of the
prelicensure and continuing
competency activities required under this section 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 licensed by the department, as
meeting
the subject matter qualifications described in subsection
(4)
and the instructional qualifications described in subsection
(5).as determined by the department.
(6) (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 or regional magazine as an expert in the field. The
alternate
forms shall be designed to maintain and improve the an
individual licensee's ability to perform the occupation with
competence and shall prescribe proofs that are necessary to
demonstrate
that the licensee he or
she has fulfilled the
requirements of continuing competency.
(7) (8)
Each An individual licensee may select approved
courses
in his or her subject matter area or specialty. Service An
individual's service as a lecturer or discussion leader in an
approved
course shall be counted toward the count toward his or her
continuing
competency requirements of obligations
under this
section.
Alternate An individual
may earn and document any
alternative
forms of continuing competency may
be earned and
documented
as promulgated in rules by the
department.
(8) (9)
The department may audit a
predetermined percentage of
licensees who renew in a year for compliance with the requirements
of this section. Failure to comply with the audit or the
requirements shall result in the investigation of a complaint
initiated by the department, and the licensee is subject to the
penalties prescribed in this act.
(9) (10)
A licensee Before the
effective date of the
amendatory act that added subsection (10), an individual who is
licensed as a 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 a When he or she submits
the completed application,
the department shall designate the licensee as inactive and note
that status on records available to the public. A licensee
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 his or her
license is activated, the licensee must complete at least 1 credit
hour of activities that demonstrate continuing competency for that
calendar year.
(10) An individual licensee who applied for and was designated
inactive under subsection (9) before the effective date of this
subsection may remain in inactive status after that effective date
by complying with the requirements of subsection (9). A licensee
who remains in inactive status after the effective date of this
subsection is exempt from the continuing competency requirements of
this section while he or she remains in inactive status. A licensee
may activate his or her license by submitting an application to the
department requesting activation of the license. If his or her
license is activated, the licensee must complete at least 1 credit
hour of activities that demonstrate continuing competency for that
calendar year.