4 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-064

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTOR’S OFFICE

CONSTRUCTION CODE

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the director of the department of consumer and industry services by section 4 of 1972 PA 230, MCL 125.1504 and Executive Reorganization Order No. 1996-2, MCL 445.2001)

 

R 408.30701, R 408.30715, R 408.30716, R 408.30717, R 408.30718, R 408.30719, R 408.30720, R

408.30741c, R 408.30777, R 408.30786, R 408.30791, and R 408.30792 o the Michigan Administrative Code are amended, R 408.30721, R 408.30722, R 408.30723, and R 408.30730 are added to the Code and R 408.30740a, and R 408.30744e, of the Code are rescinded as follows:

 

PART 7. PLUMBING CODE

AMENDMENTS AND ADDITIONS TO BASIC PLUMBING CODE

 

R 408.30701 Applicable code.

Rule 701. Rules governing the installation, replacement, alteration, relocation, and use of plumbing systems or plumbing materials shall be those contained in the international plumbing code, //2000//2003 edition, including appendices B, C, D, F, and G, except for sections 103.2, //103.5//, 103.4, 104.2, 106.6.1, 106.6.2, 106.6.3, 107.1.2, 107.1.2.1, 107.1.2.2, 107.1.2.3, 109.2 to 109.7, 312.1.1, 602.3 to

602.3.5.1, 604.11, 608.17 to 608.17.8, 708.3.2, 708.3.6, //and//1106.6, and table 1106.6.   With the

exceptions noted, the code is adopted in these rules by reference. All references to the International Building Code, International Residential Code, International Energy Conservation Code, International Electrical Code, International Mechanical Code, and International Plumbing Code mean the Michigan Building Code, Michigan Residential Code, Michigan Uniform Energy Code, Michigan Electrical Code, Michigan Mechanical Code, and Michigan Plumbing Code respectively. The code is available for inspection at the Okemos office of the Michigan department of consumer and industry services, bureau of construction codes. The code may be purchased from the //Building Officials and Code  Administrators International, Incorporated, 4051 Flossmoor Road, Country Club Hills, Illinois  60478//International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041, or from the Michigan Department of Consumer and Industry Services, Bureau of Construction Codes and Fire Safety, 2501 Woodlake Circle, Okemos, Michigan 48864, at a cost as of the time of adoption of these rules of //$40.00// $45.00 each.

 

R 408.30715 Permits.

Rule 715. Sections 106.4, 106.5.3, and 106.5.4 of the code //is//are amended to read as follows:

 

 

106.4. By whom application is made. Application for a permit shall be made by //an authorized master plumber//a plumbing contractor licensed in accordance with //1929 PA 266, MCL 338.901//2002 PA 733, MCL 338.3511 et seq.

Exceptions:

1.    Water service permits.

2.    Building sewer and private sewer permits.

3. Minor repair.

106.5.3.     Expiration. Each permit issued by the code official under the provisions of the code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work may be recommenced, a new permit shall be first obtained for such work, provided no changes have been made or will be made in the original construction document for such work and provided further that such suspension or abandonment has not exceeded 1 year.

106.5.4.     Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. No permit shall be extended more than once.

 

R 408.30716 Fees.

Rule 716. Section 106.6 of the code is amended to read as follows:

Rule 106.6. Fees. The fees prescribed by section 22 of //the act//1972 PA 230, MCL 125.1522 shall be paid to the enforcing agency of the jurisdiction before a permit to begin work for new construction, alteration, removal, demolition, or other building operation may be issued. In addition, an amendment to a permit necessitating an additional fee shall not be approved until the additional fee is paid.

 

R 408.30717 //Right of entry//Duties and powers of the code official.

Rule 717. Sections 104.1 and 104.5 of the code //is//are amended to read as follows:

104.1 General. The code official shall enforce all of the provisions of the code and shall act on any question relative to the installation, alternation, repair, maintenance, or operation of all plumbing systems, devices, and equipment except as specifically provided for by statutory requirements or as provided for in sections 104.3 through 104.8.

104.5. Right of entry. In the discharge of duties, the //plumbing//code official //or an authorized representative//may enter any building, structure, or premises in the jurisdiction to enforce the provisions of the act and the code under section 12 of //the act//1972 PA 230, MCL 125.1512.

 

R 408.30718 Violation penalties.

Rule 718. Section 108.4 of the code is amended to read as follows:

108.4.      Violation penalties. A person who violates a provision of the code, who fails to conform with any of the requirements thereof, or who erects, installs, alters, or repairs plumbing work in violation of the approved construction documents or directive of the enforcing agency, or a permit or certificate issued under the provisions of the code shall be assessed a fine in accordance with section 23 of //the act//1972 PA 230, MCL 125.1523 and 2002 PA 733, MCL 338.3511 et seq.

 

R 408.30719 Stop work orders.

Rule 719. Section 108.5 of the code is amended to read as follows:

 

 

108.5.     Stop work orders. Upon notice from the enforcing agency of work on any plumbing system that is being done contrary to the provisions of the code or in a dangerous or unsafe manner, the work shall immediately cease. Notice shall be in accordance with section 12 of //the act//1972 PA 230, MCL 125.1512. A person who is served with a stop work order, except for work that the person is directed to perform to remove a violation or unsafe condition is subject to the penalty provisions prescribed by section 23 of //the act//1972 PA 230, MCL 125.1523.

 

R 408.30720 Means of appeal.

Rule 720. Section 109.1 of the code is amended to read as follows:

109.1 Means of appeal. A person has the right to appeal a decision of the enforcing agency to the board of appeals. An application for appeal shall be based on a claim that the true intent of the code or the rules governing construction have been incorrectly interpreted, the provisions of the code do not apply, or an equal or better form of construction is proposed. The application shall be filed in accordance with section 14 of //the act//1972 PA 230, MCL 125.1514.

 

R 408.30721  Required tests.

Rule 721. Section 312.1 of the code is amended to read as follows:

312.1.  Required tests.  The permit holder shall make the applicable tests prescribed in sections

312.2 to 312.9 to determine compliance with the provisions of the code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, power, and labor necessary for the inspection and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in this rule. All plumbing system piping shall be tested with either water or, for piping systems other than plastic, by air. After the plumbing fixtures have been set and their traps filled with water, the entire drainage system shall be submitted to final tests. The code official shall require the removal of any cleanouts if necessary to ascertain if the pressure has reached all parts of the system.

Exception: Drainage and vent low pressure air tests for plastic piping systems shall be acceptable as prescribed in section 312.3 of the code.

 

R 408.30722 Separate facilities.

Rule 722. Section 403.2 of the code is amended to read as follows:

403.2. Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

Exceptions:

1.    Separate facilities shall not be required for private facilities.

2.      Separate employee facilities shall not be required in occupancies in which 15 or fewer people are employed.

3.      Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer.

 

R 408.30723 Shower Valves

Rule 723. Section 424.3 of the code is amended to read as follows:

424.3. Shower valves. Shower and tub-shower combination valves shall be balanced pressure, thermostatic or combination balanced-pressure/thermostatic valves that conform to the requirements of ASSE 1016 or CAS B125. Valves shall be equipped with a means to limit the maximum setting of the valve to 120ºF (49ºC), which shall be field adjusted in accordance with the manufacturer's instructions.

 

 

The ASSE 1016 standard which is adopted by reference in these rules is available for inspection at the Michigan Department of Consumer and Industry Services, Bureau of Construction Codes and Fire Safety, 2501 Woodlake Circle, Okemos, Michigan 48864, or from the American Society of Sanitary Engineering, 901 Canterbury Road, Suite A, Westlake, Ohio 44145, at a cost as of the time of adoption of these amendatory rules of $40.00. The CSA B125 which is adopted by reference in these rules is available for inspection at the Michigan Department of Consumer and Industry Services or from the Canadian Standards Association 5060 Spectrum Way, Mississauga, Ontario, Canada L4W 5N6 at a cost as of the time of adoption of these amendatory rules of

$68.00.

 

R 408.30730 Sewer required.

Rule 730. Section 701.2 of the code is amended to read as follows:

701.2. Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system.

 

R 408.30740a Rescinded.//Drainage piping in food storage areas. Rule 740a. Section 701.9 is added to the code to read as follows:

701.9. Drainage pipe prohibited. Exposed soil or waste piping shall not be permitted above any  working, storage, or eating surfaces in food service establishments.//

 

R 408.30741c Beverage dispensers.

Rule 741c. Section//s 608.16.1 and//608.16.4 of the code is//are// amended to read as follows:

//608.16.1. Beverage dispensers. The water supply connection to carbonated beverage dispensers shall be protected against backflow by a backflow preventer conforming to ASSE 1022 or by an air gap. The backflow preventer device and the piping downstream therefrom shall not be affected by carbon dioxide gas. The ASSE 1022 standard of the American society of sanitary engineering, which is adopted in these rules by reference, may be purchased from the American Society of Sanitary Engineering, 901  Canterbury Road, Suite A, Westlake, Ohio 44145, at a cost as of the time of adoption of these rules of

$40.00 each, or from the Michigan Department of Consumer and Industry Services, Bureau of  Construction Codes, 2501 Woodlake Circle, Okemos, Michigan 48864, at a cost as of the time of  adoption of these rules of $40.00 each, plus mailing costs. This standard may be inspected at the Okemos office of the Michigan department of consumer and industry services.//

608.16.4 Connections to automatic fire sprinkler systems and standpipe systems. The potable water supply to automatic fire sprinkler systems and standpipe systems shall be protected against backflow by a double check-valve assembly or a reduced pressure principle backflow preventer.

Exception: Isolation of the water distribution system is not required for deluge, preaction, or dry pipe systems.

 

R 408.30744e Rescinded.//Main vent required.

Rule 744e. Section 903.1 of the code is amended to read as follows:

903.1. Stack required. Every building in which plumbing is installed shall have at least 1 main stack which is not less than 3 inches in diameter and which shall run undiminished in size from the building drain through to the open air.//

 

R 408.30777 Scope; water service; distance limits; method of installations. Rule 777. Section 601.1 of the code is amended to read as follows:

 

 

601.1. Scope. The provisions of this article shall control the design and installation of water supply systems, both hot and cold. Refer to 1976 PA 399, MCL 325.1001 et seq., //Act No. 399 of the Public  Acts of 1976, being §325.1001 et seq. of the Michigan Compiled Laws,//for additional requirements on water supply systems pertaining to establishments that are subject to regulation or licensure, or both, by the department of environmental quality.

Compliance with the provisions of this article, however, does not relieve any person from complying with the additional requirements imposed upon water supply systems //under or//pursuant to authority vested in the Michigan department of environmental quality under 1976 PA 399, MCL 325.1001 et seq., 1976 PA 368, MCL 333.1101 et seq., and 1987 PA 96, MCL 125.2301 et seq, //Act No. 399 of  the Public Acts of 1976, Act No. 368 of the Public Acts of 1978, as amended, and Act No. 419 of the Public Acts of 1976, as amended, being §325.1001 et seq., §333.1101 et seq., and §125.1101 et seq.,  respectively, of the Michigan Compiled Laws,//or other applicable provisions of state law.

 

R 408.30786 //Subsoil pump piping.//Sizing of secondary drains.

Rule 786. Section //1113.1.4//1107.3 of the code is amended to read as follows:

//1113.1.4. Piping. Discharge piping shall meet the requirements of section 1102.2, section 1102.3, or  section 1102.4 of the code and shall include a gate valve and a full-flow check valve. Pipe and fittings shall be the same size as, or larger than, pump discharge tapping.

Exception: When the piping discharges atmospherically above grade only a check valve is required, located on the discharge piping from the pump or ejector.//1107.3. Sizing of secondary drains. Secondary, or emergency, roof drain systems shall be sized in accordance with section 1106 based on the rainfall rate for which the primary system is sized in tables 1106.2 and 1106.3. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow through the primary system shall not be considered when sizing the secondary roof drain system.

 

R 408.30791 Definitions.

Rule 791. Section 202 of the code is amended to //add the following definitions//amend the definition of code official and add the definition of plumbing contractor.

//“Authorized master plumber” means a person who is licensed in accordance with 1929 PA 266, MCL  338.901 et seq.//

“Code official” means the person appointed and employed by a governmental subdivision charged with the administration and enforcement of the state code or codes and registered in accordance with the requirements of 1986 PA 54, MCL 338.2301 et seq.

"Plumbing contractor" means a person who is licensed in accordance with 2002 PA 733, MCL 338.3511 et seq.

 

R 408.30792 //Authorized master plumbers//Plumbing contractor.

Rule 792. (1) To obtain plumbing permits, an applicant shall do all of the following:

(a)    Be //an authorized licensed master plumber//a plumbing contractor in this state.

(b)     Be active in the business of serving the public as a //master plumber//plumbing contractor in a county, city, village, or township in this state.

(c)     //Represent only 1 firm, which may//Operate 1 or more branches in this state bearing the same firm name, when a licensed master plumber is in charge and has the responsibility of supervision at each branch. //A firm may have 1 or more authorized master plumbers to obtain permits.//The names of the authorized master plumbers representing a firm shall be on record with the state plumbing board.

 

 

(2) To become //an authorized master plumber//a plumbing contractor, an application shall be made on a form furnished by the state plumbing board and filed with the board at Okemos, Michigan. An incomplete application will be returned to the applicant.