[HISTORY: Adopted by the Township Board of
the Township of Denton 12-20-1974 by Ord. No. 35; amended in its entirety 8-5-2020 by Ord. No. 080520#2. Subsequent amendments noted where applicable.]
These regulations shall be known and cited as the "State Construction
Code Ordinance of the Township of Denton."
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, Act 230 of 1972, MCLA § 125.1501 et seq., and
the Urban Cooperation Act of 1967, Act 7 of 1967, MCLA § 124.501
et seq., authorizing joint enforcement of the State Construction Code,
Denton Township, in conjunction with the Townships of Lake, Markey,
Backus and Roscommon, hereby establishes and adopts a five-township
joint enforcement agency, to be known as the "Houghton Lake Building
Agency," to discharge the responsibilities of the townships for the
administration and enforcement of the State Construction Code.
Denton Township hereby assumes responsibility for the administration
and enforcement of the State Construction Code within the Township
pursuant to the Act, consisting of the Michigan Building Code, the
Michigan Residential Code, the Michigan Uniform Energy Code, the Michigan
Electrical Code, the Michigan Mechanical Code, and the Michigan Plumbing
Code, as amended, within its political boundary (collectively the
"Construction Code") and hereby delegates responsibility for administration
and enforcement of said Act throughout the Township of Denton to the
Houghton Lake Building Agency, including administration and enforcement
of the Construction Code, and reviewing permit applications and issuing
permits on behalf of the Township.
The Houghton Lake Building Agency shall consist of a board of
five members, one to be an appointed member of the Township Board
of each of the Townships of Denton, Lake, Backus, Markey and Roscommon.
The Houghton Lake Building Agency shall be and act as the governing
board for purposes of the Construction Code for the five townships
and shall be empowered to employ an official and/or inspector to make
all inspections called for by the State Construction Code Act and
the rules promulgated thereunder. Each township shall pay its allocable
share of the expenses of the Houghton Lake Building Agency. The five
townships may further memorialize their administration, operation,
and obligations as a member of the Houghton Lake Building Agency through
an intergovernmental agreement executed by all five parties. The failure
to enter into any such agreement shall neither impact the individual
township's responsibility and obligations to the Authority or
to one another nor the existence of the Agency or its authority to
enforce the Construction Codes within each respective jurisdiction
consistent with the historical customary actions and practices within
all five townships.
Building permits provided for in the State Construction Code
Act shall be issued pursuant to applications filed with the Houghton
Lake Building Agency, and fees shall be collected from the applicant,
according to the building permit fee schedule approved by the Houghton
Lake Building Agency Board, in conformity with the State Construction
Code rules based upon the following factors:
A.Â
Residential buildings and additions to residential buildings, porches
included, and additions to existing structures that incorporate living
quarters without altering ground area.
B.Â
All structures on property zoned commercial, other than residential
structures.
C.Â
Sheds and private garages and any accessory buildings and other new
dwelling structures.
D.Â
No permit required for utility or accessory buildings under 200 square
feet.
E.Â
Larger utility or accessory buildings and garages.
F.Â
No permit required for structures under 150 square feet.
G.Â
Mobile homes, double-wide mobile homes, and modular homes, having
a state inspection seal.
H.Â
Energy Code: plan review fee, which will include the insulation inspection.
I.Â
Minor repairs.
J.Â
Reinspection charge.
A.Â
Pursuant to Section 14 of the State Construction Code Act,[1] the Township delegates to the Houghton Lake Building Agency
the authority to establish a Construction Code Board of Appeals consisting
of three members. The members shall be appointed by the Board of the
Houghton Lake Building Agency. One member shall be qualified with
expertise and experience in building, one member shall be a qualified
with expertise and experience in electrical, and one member shall
be qualified with expertise and experience in plumbing and mechanical.
The term of members of the Board of Appeals shall be three years.
[1]
Editor's Note: See MCLA § 125.1514.
B.Â
If the Building Official refuses to grant an application for a building
permit, or makes any other decision pursuant or related to the Act
or the Construction Code, an interested person, or the person's
authorized agent, may appeal in writing to the Board of Appeals. An
application for appeal shall be based on a claim that the true intent
of the Construction Code or the rules governing construction have
been incorrectly interpreted, the provisions of the Construction Code
do not fully apply, or an equally good or better form of construction
is proposed.
C.Â
When an appeal is made, notice of the hearing before the Board of
Appeals shall be given according to applicable state or local law.
The Board of Appeals shall hear the appeal and render and file its
decision, with a statement of reasons for the decision, with the enforcing
agency from whom the appeal was taken not more than 30 days after
submission of the appeal. Failure by the Board of Appeals to hear
an appeal and file a decision within the time limit is a denial of
the appeal for purposes of authorizing the institution of an appeal
to the State Construction Code Commission. A copy of the decision
and statement of the reasons for the decision shall be delivered or
mailed, before filing, to the party taking the appeal.
A.Â
The Building Official/Inspector of the Houghton Lake Building Agency,
the Township Supervisor, or Township Ordinance/Code Enforcement Officer
are hereby designated as the authorized officials to issue municipal
civil infraction citations or municipal civil infraction notices within
the Township in accordance with the Act and the Township's Municipal
Civil Infractions Ordinance.[1]
B.Â
Any person, firm, association, partnership, corporation, or other
entity who or which violates any of the provisions of this chapter
shall be deemed responsible for a municipal civil infraction and is
subject to a civil fine of not more than $500, plus costs, which may
include all direct or indirect expenses which the Township has incurred
in connection with the violation, including attorney's fees.
Each day on which any violation of the Construction Code or the Act
occurs or continues constitutes a separate offense subject to separate
sanctions.
C.Â
A violation of this chapter shall also be subject to such additional
sanctions, remedies, and judicial orders as authorized under Michigan
law.