Township of Denton, MI Chapter 130 Construction Code Agency

[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.]

§ 130-1 Title.

These regulations shall be known and cited as the "State Construction Code Ordinance of the Township of Denton."

§ 130-2 Joint enforcement agency.

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.

§ 130-3 Administration and enforcement of Michigan Construction Codes.

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.

§ 130-4 Houghton Lake Building Agency.

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.

§ 130-5 Issuance of building permits; fees.

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. Residential buildings and additions to residential buildings, porches included, and additions to existing structures that incorporate living quarters without altering ground area.

B. All structures on property zoned commercial, other than residential structures.

C. Sheds and private garages and any accessory buildings and other new dwelling structures.

D. No permit required for utility or accessory buildings under 200 square feet.

E. Larger utility or accessory buildings and garages.

F. No permit required for structures under 150 square feet.

G. Mobile homes, double-wide mobile homes, and modular homes, having a state inspection seal.

H. Energy Code: plan review fee, which will include the insulation inspection.

I. Minor repairs.

J. Reinspection charge.

§ 130-6 Construction Board of Appeals.

A. 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. 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. 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.

§ 130-7 Violations and penalties.

A. 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]

[1] Editor's Note: See Ch. 38, Municipal Civil Infractions.

B. 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. A violation of this chapter shall also be subject to such additional sanctions, remedies, and judicial orders as authorized under Michigan law.