Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1019 - Investigation; administrative guidelines; finding of invalidity; determination of violation; notice

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) Upon
				  receipt of approval from the board to conduct an investigation of a complaint
				  of alleged noncompliance with the barrier free design requirements, the
				  authorized agent shall begin the investigation of the allegations of the
				  complaint.
(2) The board shall
				  formally adopt written administrative guidelines for the conduct of a complaint
				  investigation. The investigation shall be conducted within 15 business days
				  after the receipt of board approval.
(3) A notice shall be sent to the owner of
				  the building, structure, or improved area in question indicating that a
				  complaint has been received and that an investigation will be made. The notice
				  shall indicate the item or items alleged to be not in compliance. The notice
				  shall also indicate the code requirements related to the item or items alleged
				  to be not in compliance.
(4) A
				  report summarizing the findings of the investigation shall be prepared and
				  provided to all parties.
(5) If the
				  investigation made pursuant to subrule (2) of this rule does not disclose a
				  violation of the barrier free design requirements, the report prepared pursuant
				  to subrule (4) of this rule shall include a statement that the complaint is
				  invalid and the rationale for the finding of invalidity, and a notice of the
				  determination of invalidity shall be issued. The file shall remain open for 20
				  business days from the date of the notice of the determination of invalidity
				  pursuant to
				  R 125.1021, after which the file
				  shall be closed. At the time the notice of the determination of invalidity is
				  issued, the complainant shall be notified of the recourse available pursuant to
				  R 125.1021. The authorized agent
				  shall refer complaints over which jurisdiction is lacking or which are found to
				  be invalid to other agencies when appropriate.
(6) If the investigation made pursuant to
				  subrule (2) of this rule discloses evidence of noncompliance with the act or a
				  rule or an order issued under the act, the report prepared pursuant to subrule
				  (4) of this rule shall include a statement that the complaint is valid and
				  state the items in violation. The authorized agent shall send, by certified
				  mail, a written first notice of violation to the owner of the building,
				  structure, or improved area citing the code section violated and the
				  construction in violation. The other parties shall receive copies of the
				  notice. The notice shall inform the owner of the corrections required and
				  instruct the owner of the action to be taken and the administrative recourse
				  available as provided for in
				  R 125.1020. The notice shall include
				  a statement that failure to request a hearing to contest the finding of
				  violation or submit an application for exception within 15 business days after
				  receipt of the first notice of violation constitutes a waiver of those options.
				  If the owner does not respond to the first notice of violation within 15
				  business days, a second and final notice of violation shall be sent by
				  certified mail.