reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1521 - Petition for Approval of Materials, Products and Methods; Testing and Evaluation; Certificate of Acceptability.

125.1521 Petition for approval of materials, products and methods; testing and evaluation; certificate of acceptability.
Sec. 21.
A person may petition the commission to approve the use of a particular material, product, method of manufacture or method or manner of construction or installation. The petition shall be in writing on a form to be prescribed by the commission accompanied by such information and material as the commission may by rule require and by an initial fee. On receipt of the petition, the commission shall cause to be conducted testing and evaluation it deems desirable for the particular material, product, method of manufacture or method or manner of construction or installation. After the testing and evaluation, and after a hearing open to the public in which the results of the testing and evaluation are made part of the record, and the petitioner or any other interested party is allowed to present evidence in support of or against the petition, the commission may reject the petition in whole or in part, may in accordance with procedures established in this act amend the code in such manner as the commission deems appropriate, or may grant a certificate of acceptability for the particular material, product, method of manufacture, or method or manner of construction or installation. A petition shall not be rejected if the application is in proper form and the fees are paid, and if performance of the particular material, product, method of manufacture, or method or manner of construction or installation is adequate for its intended use and consistent with reasonable requirements for the health, safety and welfare of the people of this state. The commission may attach any condition it deems appropriate to a certificate of acceptability. A material, product, method of manufacture, or method or manner of construction or installation shall be acceptable for use throughout this state in accordance with the terms of a certificate of acceptability issued with respect to it. A copy of each certificate of acceptability shall be sent or delivered by the commission to each governmental subdivision, however, failure of the commission to comply with this requirement does not prevent or delay effectiveness of a certificate of acceptability. A certificate of acceptability issued by the commission pursuant to this section shall not be used for advertising purposes.
History:
1972, Act 230, Eff. Jan. 1, 1973
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1521a - Installation or Use of Heating Cable; Application for Approval; “Heating Cable” Defined; Construction of Section.

125.1521a Installation or use of heating cable; application for approval; “heating cable” defined; construction of section.
Sec. 21a.
(1) Beginning 1 year after the effective date of the amendatory act that added this section, heating cable shall not be installed or used in a building or structure in this state until approved by the commission pursuant to section 21. As provided in section 8, this section is effective throughout the state without local modification.
(2) An application for approval of heating cable submitted to the commission, which includes listing by a nationally recognized testing laboratory found to comply with established standards, shall be approved unless the commission finds it would endanger the public safety.
(3) For purposes of this section, "heating cable" means heating cable as defined in section 2 of the heating cable safety act, that is, cable designed to be secured to pipes and vessels to reduce their likelihood of freezing or to facilitate the flow of viscous liquids. Heating cable also includes products used for deicing on roofs and in gutters and downspouts. Heating cable intended for industrial and commercial use is connected to the supply system by a permanent wiring method or by an attachment plug for connection to a receptacle outlet. Heating cable intended for residential and mobile home use has an attachment plug for connection to a receptacle outlet. Heating cable is commonly known as heat tape.
(4) This section shall not be construed to limit the powers and duties granted pursuant to any other law to a state agency or official.
History:
Add. 1994, Act 128, Imd. Eff. May 17, 1994
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1523a - Civil Violation; Penalty; Enforcement.

125.1523a Civil violation; penalty; enforcement.
Sec. 23a.
(1) In addition to any other penalties or remedies provided by law, a person who is required to be licensed as a residential builder or residential maintenance and alteration contractor, or as a master or journeyman plumber, an electrical contractor or master or journeyman electrician, or a mechanical contractor shall not perform work on a residential building or a residential structure without first obtaining a license. A person who violates this section is responsible for a civil violation, and shall be fined not less than $100.00 or more than $500.00.
(2) The prosecuting attorney of the county in which the residential building or residential structure is located or the attorney general may enforce this section.
History:
Add. 1989, Act 135, Eff. Oct. 1, 1989
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1524 - Effect of Existing Construction Regulations and Permits.

125.1524 Effect of existing construction regulations and permits.
Sec. 24.
Until 6 months after promulgation of the code, construction regulations heretofore or hereafter adopted by a governmental subdivision continue in effect unless repealed by local law or ordinance. Six months after the promulgation of the code and thereafter, construction regulations adopted by a governmental subdivision shall be considered repealed and invalid, except as provided in section 8. A building permit validly issued under local construction regulations within 6 months before promulgation of the code is valid, and the construction of a building or structure may be completed pursuant to that building permit. The construction of a building or structure started before promulgation of the code in an area of the state that did not as of the date of beginning of construction require a building permit may be completed without a building permit. Except as provided in section 28, construction regulations incorporated in any act of this state in effect or validly promulgated by any board, department, commission, or agency continue in effect until promulgation of the code at which time they shall be considered to be superseded.
History:
1972, Act 230, Eff. Jan. 1, 1973 ;-- Am. 1980, Act 371, Imd. Eff. Dec. 30, 1980
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1525 - Effect of Act on Functions of State Plumbing and Electrical Administrative Boards.

125.1525 Effect of act on functions of state plumbing and electrical administrative boards.
Sec. 25.
This act does not affect the functions of the state plumbing board with respect to the licensing of master or journeyman plumbers and the registration of plumbers' apprentices, and of the electrical administrative board with respect to the issuance of class 1, electrical contractor's licenses, class 2, master electricians' licenses and class 3, journeyman's licenses.
History:
1972, Act 230, Eff. Jan. 1, 1973
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1526 - Transfer of State Plumbing and Electrical Administrative Boards to Commission.

125.1526 Transfer of state plumbing and electrical administrative boards to commission.
Sec. 26.
Subject to other provisions of this act concerned with the relationship between the commission and the boards, the state plumbing and electrical administrative boards are transferred to the commission without alteration of their functions.
History:
1972, Act 230, Eff. Jan. 1, 1973
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1528 - Inconsistent or Conflicting Provisions; Powers and Duties of Other Acts Not Affected; Exception for Temporary Door Locking Device or System.

125.1528 Inconsistent or conflicting provisions; powers and duties of other acts not affected; exception for temporary door locking device or system.
Sec. 28.
(1) Any provision of any of the following that is inconsistent or in conflict with this act is superseded to the extent of the inconsistency or conflict:
(a) Section 34 of 1933 (Ex Sess) PA 18, MCL 125.684.
(b) Article 11 of the skilled trades regulation act, 2016 PA 407, MCL 339.6101 to 339.6133.
(c) Article 7 of the skilled trades regulation act, 2016 PA 407, MCL 339.5701 to 339.5739.
(d) Except as otherwise provided in this section, any other public act.
(2) Any provision of this act that is inconsistent or in conflict with the Michigan fireworks safety act, 2011 PA 256, MCL 28.451 to 28.470, as it relates to the retail sale of consumer fireworks and low-impact fireworks, as those terms are defined in that act, is superseded to the extent of the inconsistency or conflict.
(3) This act does not repeal, amend, supersede, or otherwise affect the powers and duties under any of the following:
(a) Part 55 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5501 to 324.5542.
(b) Part 124 of the public health code, 1978 PA 368, MCL 333.12401 to 333.12434.
(c) The Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.
(d) Article 9 of the skilled trades regulation act, 2016 PA 407, MCL 339.5901 to 339.5947.
(e) 1967 PA 227, MCL 408.801 to 408.824.
(f) 1937 PA 306, MCL 388.851 to 388.855a.
(4) A labelled fire door assembly with a temporary door locking device or system that is installed under section 1d of 1937 PA 306, MCL 388.851d, does not violate this act.
History:
1972, Act 230, Eff. Jan. 1, 1973 ;-- Am. 1980, Act 371, Imd. Eff. Dec. 30, 1980 ;-- Am. 1996, Act 48, Imd. Eff. Feb. 26, 1996 ;-- Am. 2014, Act 9, Imd. Eff. Feb. 11, 2014 ;-- Am. 2016, Act 409, Eff. Apr. 4, 2017 ;-- Am. 2018, Act 307, Imd. Eff. June 29, 2018 ;-- Am. 2020, Act 155, Imd. Eff. Sept. 17, 2020
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1529 - Enforcement of Code or Construction Regulations by Governmental Subdivision or Enforcing Agency.

125.1529 Enforcement of code or construction regulations by governmental subdivision or enforcing agency.
Sec. 29.
Except as otherwise provided in this act, this act does not abrogate or impair the power of a governmental subdivision or enforcing agency to enforce the provisions of the code or any other applicable construction regulations, or to prevent violations or impose sanctions on violators.
History:
1972, Act 230, Eff. Jan. 1, 1973 ;-- Am. 1994, Act 22, Eff. May 1, 1994
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1530 - Saving Clause; Pending or Subsequent Prosecutions.

125.1530 Saving clause; pending or subsequent prosecutions.
Sec. 30.
Proceedings pending and rights and liabilities existing, acquired or incurred under existing construction regulations as long as they remain in effect are saved. The proceedings may be consummated according to the law in force when the proceedings were commenced. Neither this act nor the code shall be construed to alter, affect or abate a pending prosecution, or prevent prosecution hereafter instituted under such repealed construction regulations for offenses committed as long as the construction regulations remain in effect. Prosecutions instituted after the repeal of existing construction regulations for offenses committed before the effective date of the repeal may be continued or instituted in accordance with construction regulations in effect at the time of the commission of the offenses.
History:
1972, Act 230, Eff. Jan. 1, 1973
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 230 of 1972 - Stille-Derossett-Hale Single State Construction Code Act (125.1501 - 125.1531) › Section 125.1531 - Effective Date.

125.1531 Effective date.
Sec. 31.
This act shall take effect January 1, 1973.
History:
1972, Act 230, Eff. Jan. 1, 1973
Popular Name:
Act 230
Popular Name:
Uniform Construction Code
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 220 of 1979 - Indian Housing Authority (125.1551 - 125.1555) › Section 125.1551 - Definitions.

125.1551 Definitions.
Sec. 1.
As used in this act:
(a) "Authority" means an Indian housing authority created pursuant to section 2.
(b) "Indian reservation" means an Indian community which has land held in trust for the Indian community by the federal or state government, or a local unit of government, or which owns the land in its own name.
(c) "Reservation governor" means the chairperson or president of the elected governing council of an Indian reservation.
History:
1979, Act 220, Imd. Eff. Jan. 21, 1980
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 220 of 1979 - Indian Housing Authority (125.1551 - 125.1555) › Section 125.1552 - Indian Housing Authority; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Election of Officers; Commissioner as Secretary and Treasurer.

125.1552 Indian housing authority; creation; appointment, qualifications, and terms of members; vacancy; election of officers; commissioner as secretary and treasurer.
Sec. 2.
(1) Each Indian reservation in this state may create an Indian housing authority. Each authority shall have 5 commissioners appointed by the reservation governor, with the advice and consent of the tribal council of the reservation for which the authority is created. Not less than 4 commissioners, including the chairperson, shall be members of the tribe of the respective reservation. The holding of any tribal office shall not bar appointment of a tribal member to the authority of the member's reservation.
(2) The term of a member appointed, except to fill a vacancy occurring other than by expiration of term, shall be 4 years from the expiration of the term of the member's predecessor. However, the terms of the members first appointed shall be as follows: 1 shall be appointed for 1 year, 1 for 2 years, 1 for 3 years, and 2 for 4 years. A vacancy in the office of an appointed member occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the term.
(3) Each authority shall elect a chairperson, a vice-chairperson, a secretary, and a treasurer from among the commissioners. A commissioner may hold the positions of both secretary and treasurer.
History:
1979, Act 220, Imd. Eff. Jan. 21, 1980
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 220 of 1979 - Indian Housing Authority (125.1551 - 125.1555) › Section 125.1553 - Conducting Business at Public Meeting; Notice; Availability of Writings to Public.

125.1553 Conducting business at public meeting; notice; availability of writings to public.
Sec. 3.
(1) The business which an authority may perform shall be conducted at a public meeting of the authority held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
(2) A writing prepared, owned, used, in the possession of, or retained by an authority in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1979, Act 220, Imd. Eff. Jan. 21, 1980
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 220 of 1979 - Indian Housing Authority (125.1551 - 125.1555) › Section 125.1554 - Indian Housing Authority; Powers and Duties.

125.1554 Indian housing authority; powers and duties.
Sec. 4.
An authority shall have all of the following powers and duties:
(a) To purchase, lease, sell, exchange, transfer, assign, and mortgage real or personal property or any interest in the property, or acquire real or personal property by gift or bequest. The authority also may clear and improve property, engage in or contract for the design, construction, alteration, improvement, extension, or repair of a house or housing project under the authority's jurisdiction.
(b) To lease, operate, and maintain, or provide for the leasing, operation, and maintenance of a housing project.
(c) To provide for water, sewage, drainage, recreational, community, and educational facilities which the authority considers a necessary part of a housing project.
(d) To provide for streets, sidewalks, bicycle paths, or any other type of thoroughfare which the authority considers necessary for the transportation needs of the inhabitants of a housing project.
(e) To arrange for financing of housing projects and to enter into grants or contracts for the implementation of the activities described in this section.
History:
1979, Act 220, Imd. Eff. Jan. 21, 1980
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 220 of 1979 - Indian Housing Authority (125.1551 - 125.1555) › Section 125.1555 - Facilities, Services, and Financial Aid; Agreement With State.

125.1555 Facilities, services, and financial aid; agreement with state.
Sec. 5.
The state may provide facilities, services, and financial aid, by loan, grant, or appropriation, to an authority. In addition, the state may enter into an agreement with an authority for the purposes of implementing this act.
History:
1979, Act 220, Imd. Eff. Jan. 21, 1980
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 524 of 1980 - Construction Contracts With Certain Public Agencies (125.1561 - 125.1566) › Section 125.1561 - Definitions.

125.1561 Definitions.
Sec. 1.
As used in this act:
(a) "Agent" means the person or persons agreed to or selected by the contractor and the public agency pursuant to section 4(2).
(b) "Architect or professional engineer" means an architect or professional engineer licensed under Act No. 299 of the Public Acts of 1980, being sections 339.101 to 339.2601 of the Michigan Compiled Laws, and designated by a public agency in a construction contract to recommend progress payments.
(c) "Construction contract" or "contract" means a written agreement between a contractor and a public agency for the construction, alteration, demolition, or repair of a facility, other than a contract having a dollar value of less than $30,000.00 or a contract that provides for 3 or fewer payments.
(d) "Contract documents" means the construction contract; instructions to bidders; proposal; conditions of the contract; performance bond; labor and material bond; drawings; specifications; all addenda issued before execution of the construction contract and all modifications issued subsequently.
(e) "Contractor" means an individual, sole proprietorship, partnership, corporation, or joint venture, that is a party to a construction contract with a public agency.
(f) "Facility" means a building, utility, road, street, boulevard, parkway, bridge, ditch, drain, levee, dike, sewer, park, playground, or other structure or work that is paid for with public funds or a special assessment.
(g) "Progress payment" means a payment by a public agency to a contractor for work in place under the terms of a construction contract.
(h) "Public agency" means this state, or a county, city, township, village, assessment district, or other political subdivision, corporation, commission, agency, or authority created by law. However, public agency does not include the state transportation department, a school district, junior or community college, the Michigan state housing development authority created in Act No. 346 of the Public Acts of 1966, as amended, being sections 125.1401 to 125.1496 of the Michigan Compiled Laws, and a municipal electric utility or agency. "Assessment district" means the real property within a distinct area upon which special assessments are levied or imposed for the construction, reconstruction, betterment, replacement, or repair of a facility to be paid for by funds derived from those special assessments imposed or levied on the benefited real property.
(i) "Retainage" or "retained funds" means the amount withheld from a progress payment to a contractor pursuant to section 3.
History:
1980, Act 524, Eff. Jan. 1, 1983
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 524 of 1980 - Construction Contracts With Certain Public Agencies (125.1561 - 125.1566) › Section 125.1562 - Construction Contract; Designation of Person to Submit Written Requests for Progress Payments; Designation of Person to Whom Requests for Progress Payments to Be Submitted; Manner and Times of Submissions; Deferring the Processing of Progress Payments; Payment of Requested Progress Payment; Failure of Public Agency to Make Timely Progress Payment; Interest.

125.1562 Construction contract; designation of person to submit written requests for progress payments; designation of person to whom requests for progress payments to be submitted; manner and times of submissions; deferring the processing of progress payments; payment of requested progress payment; failure of public agency to make timely progress payment; interest.
Sec. 2.
(1) The construction contract shall designate a person representing the contractor who will submit written requests for progress payments, and a person representing the public agency to whom request for progress payments are to be submitted. The written requests for progress payments shall be submitted to the designated person in a manner and at such times as provided in the construction contract.
(2) The processing of progress payments by the public agency may be deferred by the public agency until work having a prior sequence, as provided in the contract documents, is in place and is approved.
(3) Each progress payment requested, including reasonable interest if requested under subsection (4), shall be paid within 1 of the following time periods, whichever is later:
(a) Thirty days after the architect or professional engineer has certified to the public agency that work is in place in the portion of the facility covered by the applicable request for payment in accordance with the contract documents.
(b) Fifteen days after the public agency has received the funds with which to make the progress payment from a department or agency of the federal or state government, if any funds are to come from either of those sources.
(4) Upon failure of a public agency to make a timely progress payment pursuant to this section, the person designated to submit requests for progress payments may include reasonable interest on amounts past due in the next request for payment.
History:
1980, Act 524, Eff. Jan. 1, 1983
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 524 of 1980 - Construction Contracts With Certain Public Agencies (125.1561 - 125.1566) › Section 125.1563 - Retaining Portion of Each Progress Payment to Assure Proper Performance of Construction Contract; Retainage; Limitations; Exceeding Pro Rata Share of Public Agency's Matching Requirement; Commingling and Deposit of Retained Funds; Releasing to Contractor Retainage and Interest Earned on Retainage; Irrevocable Letter of Credit.

125.1563 Retaining portion of each progress payment to assure proper performance of construction contract; retainage; limitations; exceeding pro rata share of public agency's matching requirement; commingling and deposit of retained funds; releasing to contractor retainage and interest earned on retainage; irrevocable letter of credit.
Sec. 3.
(1) To assure proper performance of a construction contract by the contractor, a public agency may retain a portion of each progress payment otherwise due as provided in this section.
(2) The retainage shall be limited to the following:
(a) Not more than 10% of the dollar value of all work in place until work is 50% in place.
(b) After the work is 50% in place, additional retainage shall not be withheld unless the public agency determines that the contractor is not making satisfactory progress, or for other specific cause relating to the contractor's performance under the contract. If the public agency so determines, the public agency may retain not more than 10% of the dollar value of work more than 50% in place.
(3) The retained funds shall not exceed the pro rata share of the public agency's matching requirement under the construction contract and shall not be commingled with other funds of the public agency and shall be deposited in an interest bearing account in a regulated financial institution in this state wherein all such retained funds are kept by the public agency which shall account for both retainage and interest on each construction contract separately. A public agency is not required to deposit retained funds in an interest bearing account if the retained funds are to be provided under a state or federal grant and the retained funds have not been paid to the public agency.
(4) Except as provided in section 4(7) and (8), retainage and interest earned on retainage shall be released to a contractor together with the final progress payment.
(5) At any time after 94% of work under the contract is in place and at the request of the original contractor, the public agency shall release the retainage plus interest to the original contractor only if the original contractor provides to the public agency an irrevocable letter of credit in the amount of the retainage plus interest, issued by a bank authorized to do business in this state, containing terms mutually acceptable to the contractor and the public agency.
History:
1980, Act 524, Eff. Jan. 1, 1983
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 524 of 1980 - Construction Contracts With Certain Public Agencies (125.1561 - 125.1566) › Section 125.1565 - Construction Contracts to Which Act Applicable.

125.1565 Construction contracts to which act applicable.
Sec. 5.
(1) Except as provided in subsection (2), this act shall apply only to a construction contract entered into after the effective date of this act.
(2) For a construction contract entered into before the effective date of this act, the provisions of this act may be implemented by a public agency, through a contract amendment, upon the written request of the contractor, with such consideration as the public agency considers adequate.
History:
1980, Act 524, Eff. Jan. 1, 1983
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 524 of 1980 - Construction Contracts With Certain Public Agencies (125.1561 - 125.1566) › Section 125.1566 - Effective Date.

125.1566 Effective date.
Sec. 6.
This act shall take effect January 1, 1983.
History:
1980, Act 524, Eff. Jan. 1, 1983
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1571 - Short Title.

125.1571 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan business incubation act".
History:
1984, Act 198, Imd. Eff. July 3, 1984
Compiler's Notes:
For transfer of powers and duties under the Michigan business incubation act from the department of commerce to the chief executive officer of the Michigan jobs commission, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1572 - Definitions.

125.1572 Definitions.
Sec. 2.
As used in this act:
(a) "Business incubation center" or "center" means a building described in section 3.
(b) "Community board" or "board" means a board created pursuant to section 4.
(c) "Department" means the department of commerce.
(d) "Educational institution" means a local school district, an intermediate school district, or a college, university, community college, or junior college within this state.
(e) "Local governmental unit" means a county, township, city, or village within this state.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1573 - Designation of Business Incubation Centers; Purpose; Title to or Lease of Building; Priority of Proposals.

125.1573 Designation of business incubation centers; purpose; title to or lease of building; priority of proposals.
Sec. 3.
(1) Upon receipt of a petition from a community board pursuant to section 5, the department shall designate, in whole or in part, not more than 10 vacant or nearly vacant buildings as business incubation centers for the purpose of encouraging and assisting, as described in this act, the establishment and expansion of small businesses within this state. A community board described in section 4, a local governmental unit, or an educational institution may hold title to the building or may lease the building from the title holder.
(2) In designating business incubation centers, priority shall be given to those proposals that the department determines conform with all of the following:
(a) Will generate a significant number of jobs.
(b) Are supported by 2 or more proximate local governmental units, or 1 local governmental unit and at least 1 educational unit, each of which agrees to contribute monetarily or in kind to the center.
(c) Are supported by local representatives of business, labor, and education.
(d) Have financial commitment of at least 50% of the projected unreimbursed costs of the establishment and maintenance of the center for a 3-year period. As used in this subdivision:
(i) "Costs of the establishment" includes the fair market rental value of the center.
(ii) "Unreimbursed costs" means total costs less rental receipts.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1575 - Community Board; Duties; Petition for Designation.

125.1575 Community board; duties; petition for designation.
Sec. 5.
(1) Upon appointment, the community board shall do all of the following:
(a) Identify the building or part of the building under consideration for designation as a business incubation center.
(b) Advertise the concept of a business incubation center in the surrounding area.
(c) Solicit the views of the community concerning the designation of the building or part of the building under consideration as a business incubation center.
(d) Identify possible tenants for the center.
(e) Obtain commitments from persons, organizations, businesses, local governmental units, or other sources amounting to at least 50% of those costs not covered by rental fees that the board estimates will be needed for the establishment and operation of the business incubation center for 3 years.
(2) If, after performing the duties required by subsection (1), the board determines that a designation of the building under consideration as a business incubation center is desirable and possible, the board shall petition the department for the designation.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1576 - Feasibility Study; Factors; Notice of Decision; Reapplication or Designation.

125.1576 Feasibility study; factors; notice of decision; reapplication or designation.
Sec. 6.
(1) After filing a petition pursuant to section 5, the community board, in cooperation with the department, shall conduct and complete within 180 calendar days an in-depth center feasibility study. The study shall include, but not be limited to, all of the following factors:
(a) Necessary lease, purchase, renovation, or construction costs.
(b) Estimated rental costs for lessees of the center.
(c) Estimated utility costs.
(d) Estimated wage or salary rates of future employees of the center, including a building manager, receptionist, typist, and security guard.
(e) Estimated income for the center, including the estimated annual local subsidies and state appropriation, and, if necessary, the cost of financing.
(f) Prospects of attracting suitable businesses to the center.
(g) The ability of the community to provide necessary support for the center, including but not limited to, technical assistance and training, assistance in attracting employees, assistance in relocating a business, assistance in business start-up, and library facilities.
(2) Within 30 calendar days after completion of the feasibility study, the department, based upon the study and the criteria set forth in section 3, shall notify the board of its decision. If the department does not designate the building as a business incubation center, the department shall set forth the reasons for its decision in its notification letter to the board. A board receiving a negative response may reapply for designation of the building when circumstances which led to its initial rejection have been remedied.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1577 - Period of Designation; Return of Building to Previous State; Notification; Publicizing Closing Date.

125.1577 Period of designation; return of building to previous state; notification; publicizing closing date.
Sec. 7.
(1) Except as provided in subsection (2), a designation of a building as a business incubation center shall remain in effect for 15 years unless otherwise agreed to at any time during the period of designation by the department and a community board.
(2) A local governmental unit or educational institution that has a building designated as a business incubation center and that desires to have the building returned to its previous state before the expiration of 15 years shall notify the board 5 years before the time the building will be needed. Upon receipt of notification, the board shall forward a copy of the notification to the department and shall publicize the closing date of the center to the lessees of the center and to the community.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1578 - Application to Start or Expand Small Business in Business Incubation Center; Contents; Waiver for Existing Business.

125.1578 Application to start or expand small business in business incubation center; contents; waiver for existing business.
Sec. 8.
(1) When a building is designated as a business incubation center by the department, its community board shall accept applications from persons desiring to start or expand a small business and to locate that business within a business incubation center. The application, developed by the department, shall elicit, at a minimum, all of the following information:
(a) The type of business that the applicant wishes to start or expand.
(b) An estimate of the number of employees the applicant will need in order to start or expand the business and a 2-year projection of future employment.
(c) The skill and educational level of the employees that the applicant plans to hire.
(d) The ability of the applicant to start or operate a successful business.
(e) A general statement as to why the applicant wishes to be accepted into the business incubation center.
(f) A signed statement by the applicant that he or she understands and accepts the obligations placed upon him or her under section 11 if accepted into the business incubation center.
(g) Information that the applicant considers to be of a proprietary nature and that he or she does not want to be made public.
(2) An existing business located within this state is not eligible to participate in the business incubation program unless a waiver is granted for that business by the department.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1579 - Evaluation of Applicants; Factors; Notice of Rejection; Notice of Favorable Evaluation.

125.1579 Evaluation of applicants; factors; notice of rejection; notice of favorable evaluation.
Sec. 9.
(1) A community board shall evaluate applicants who want to start or expand a small business and to locate within the business incubation center based upon, but not limited to, all of the following factors:
(a) The likelihood that the business will be profitable.
(b) Whether the product that would be manufactured, or the service that would be rendered, would be new or improved to the state or the area.
(c) The potential marketability of the product or service.
(d) The likelihood that the business will generate a significant number of new jobs and not eliminate existing jobs.
(e) The likelihood that new jobs generated will be filled by persons who presently are unemployed or whose skills are not in great demand.
(f) The likelihood that the business will not be started if the applicant is not accepted into the business incubation center.
(2) A board shall forward to each applicant whose application it rejects notice of its rejection, together with the reasons for the rejection.
(3) A board shall forward to each local governmental unit that has agreed to contribute monetarily or in kind to the center and to each applicant it favorably evaluates notification of its decision and of whether or not space exists to accept the applicant.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1580 - Report; Hiring Management Consultants or Contracting With Management Consulting Firm.

125.1580 Report; hiring management consultants or contracting with management consulting firm.
Sec. 10.
(1) A community board shall report in writing at least annually to the department on the activities of the board and the center. The report shall include, at minimum, the name of each applicant whose application it rejects, together with the reasons for the rejection, and the name of each applicant whose application it favorably evaluates.
(2) A community board may hire 1 or more management consultants or contract with a management consulting firm that shall recommend possible tenants for the building and that shall provide the services described in section 12.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1581 - Lessee of Business Incubation Center; Duties.

125.1581 Lessee of business incubation center; duties.
Sec. 11.
A lessee of a business incubation center shall do all of the following:
(a) Pay rent, which amount shall be determined by the board. The board may agree to have the rent for a predetermined number of months payable at a later date by which time the business is expected to have received committed starting capital.
(b) Pay utilities as determined by the board.
(c) Make every effort to relocate to a permanent location not later than 18 months after entering a business incubation center. A business may request extensions of this requirement for periods of not more than 12 months. The board may grant extensions of up to 12 months at a time upon a determination that a business still requires the services of the center. This subdivision does not apply to support services. As used in this subdivision, "support services" means those services provided to all lessees of the center to assist them in the operation of their business. Support services includes, but is not limited to, bookkeeping, secretarial services, duplicating, and delivery.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1582 - Lessee Benefits.

125.1582 Lessee benefits.
Sec. 12.
(1) In return for his or her monthly rent, a lessee of a business incubation center shall receive the following benefits:
(a) Physical space within the center.
(b) The services of a building management consultant or management consulting firm.
(c) Services or facilities available within the center that are agreed upon by the board and the lessees of the center. These services and facilities may include, but are not limited to, cleaning, building security, typing, and reception services; conference, laboratory, and library facilities; duplicating machines; and computers.
(2) In addition to the benefits described in subsection (1), the center shall make available certain professional services on a fee for use basis. These services, which the building management consultant of the management consulting firm shall arrange, may include, but are not limited to, information on government regulations, basic management skills, advertising and promotion, marketing, sales, control of inventory levels, recruitment of employees, labor relations, and financial counseling in areas such as venture capital, risk management, taxes, insurance, and qualifying for government small business loans.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1583 - Powers and Duties of Department Generally.

125.1583 Powers and duties of department generally.
Sec. 13.
(1) The department shall work closely with business incubation centers, offering advice and assistance when possible, and shall promote, through advertising and other appropriate means, the concept and benefits of business incubation centers and their availability.
(2) The department shall cooperate with community boards, local governmental units, and educational institutions to effectuate the purposes of this act.
(3) The department, if it finds that a community board or center is not operating in compliance with the requirements of the act, may withdraw state funding from the center.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1584 - Administration of State Funding.

125.1584 Administration of state funding.
Sec. 14.
(1) The department shall administer state funding for the centers it designates.
(2) During the first 3 years of operation, the department shall provide funding for any designated center up to 50% of the costs of establishment and maintenance that are not covered by rental fees. The department shall not provide any state funding to a center after the center's first 3 years of operation. As used in this subsection, "costs of establishment" means the actual cost of leasing the center or the actual cost of acquisition of the center prorated over a period of not less than 15 years.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1585 - Annual Appropriation.

125.1585 Annual appropriation.
Sec. 15.
The legislature annually shall appropriate a sum sufficient to implement this act.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 198 of 1984 - Michigan Business Incubation Act (125.1571 - 125.1586) › Section 125.1586 - Reports.

125.1586 Reports.
Sec. 16.
The department shall submit to the senate and house committees that have the responsibility for economic development matters 2 reports covering the effectiveness of this act, the number of applicants who were accepted into business incubation centers, and the number of such businesses in operation at the time of the writing of each report. The first report shall be submitted before January 31, 1985, and the second report before January 31, 1990.
History:
1984, Act 198, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 57 of 1998 - Contracts for Improvement to Real Property (125.1591 - 125.1596) › Section 125.1591 - Definitions.

125.1591 Definitions.
Sec. 1.
As used in this act:
(a) "Contractor" means a person who contracts with a governmental entity to improve real property or perform or manage construction services. Contractor does not include a person licensed under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.
(b) "Governmental entity" means the state, a county, city, township, village, public educational institution, or any political subdivision thereof.
(c) "Improve" means to build, alter, repair, or demolish an improvement upon, connected with, or beneath the surface of any real property, to excavate, clear, grade, fill, or landscape any real property, to construct driveways and roadways, or to perform labor upon improvements.
(d) "Improvement" includes, but is not limited to, all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, landscaping, trees, shrubbery, driveways, and roadways on real property.
(e) "Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
(f) "Real property" means the real estate that is improved, including, but not limited to, lands, leaseholds, tenements, hereditaments, and improvements placed on the real property.
History:
1998, Act 57, Eff. Oct. 6, 1998