Section 125.1120. Proposed higher standard; filing; approval and disapproval; adoption by ordinance.

(1) Under the act, local  governments  proposing   a  higher standard than specified in these rules shall, after public hearing, file the proposed standard with the  department  for  the  commission's review  and approval.

(2)     The filing shall be in letter form and shall  contain,  but  not  be limited to, all of the following information:

(a)    The current specific standard for which a higher  standard  is  being proposed.

(b)     The proposed higher standard.

(c)       A statement or statements setting forth the reasons for a standard that is higher than the existing standard.

(d)    A statement or statements that the proposed higher standard is not designed to generally exclude homes or persons who engage in any aspect pertaining to the business of homes.

(e)       A statement or statements comparing the proposed higher standard with the standard applicable to other types of housing. The standard applicable to other types of housing shall be submitted with the statement or statements.

(f)      Any other information and data that provides justification for the proposed higher standard.

(3)     The commission shall approve or disapprove the proposed higher standard within 60 days after the standard is filed with the commission and shall notify the local government, in writing, of its decision. If  the commission denies the request, then the local government is entitled to a hearing before the commission or its designated representative under 1969  PA 306, MCL 24.271 to 24.328.

(4)         If the commission does not approve or disapprove the  proposed  higher standard within 60 days after the standard is filed with the commission at  the department, then the standard shall be considered approved unless the local government has granted the commission additional time to consider the proposal.

(5)     After receipt of approval, or if the 60 days or extended time limit has lapsed, the local government may adopt the standard by ordinance.

History: 1979 AC; 1980 ACS; 1998 AACS; 2003 AACS; 2008 MR 11, Eff. Sept. 2, 2008.