HB-4756, As Passed Senate, October 30, 2013
SENATE 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),
(12),
and (13), 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 the calendar year after the effective date of
the
amendatory act that added this section, a person obtaining
initial
licensure An individual who
receives his or her initial
license under this article as a residential builder or a
residential maintenance and alteration contractor on or after
January
1, 2009 shall successfully complete not
less than 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 after 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 licensee who has held a license for
more
than 6 years or who 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, 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 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 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.
(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 in the armed forces.
(b) While serving in the armed forces, was engaged in the
erection, construction, replacement, repair, alteration, or
demolition of buildings or other structures.
(c) Was separated from service in the armed forces, and
provides to the department a form DD214, form DD215, or any other
form that is satisfactory to the department that demonstrates that
he or she was separated from that service, with an honorable
character of service or under honorable conditions (general)
character of 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 may not retake the examination until he or she
successfully completes a prelicensure course of study described in
subsection (1).
(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.