Section 125.1950. Existing communities; construction; permit to construct; alterations.


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  • (1) An application for a permit to construct shall be filed with the department for all construction projects that alter an existing community in any manner materially different from the community construction plans and specifications approved under 1939 PA 143, MCL 125.751    to    125.769 or 1959 PA 243, MCL

    125.1001 to 125.1097.  The following provisions apply:

    (a)      Alteration projects include, but are not limited to, upgrading, installing, expanding, or removing common utility service systems, community lighting systems, or internal roads.

    (b)     No permit to construct is required for the following, which are not considered alteration projects: Removal or replacement of existing homes, or the reconstruction, relocation, or replacement of existing utility lines from the individual service panel to the home sites.

    (c)       A community licensed under the construction standards of previous acts and rules for which a license was legally issued and valid at the time of these rules, or any subsequent amendment of these rules is not required to fulfill the current requirements for community construction in these rules or the amendments hereto for any alteration projects.

    (2)      The department shall not issue a permit to construct until all of the following are received:

    (a)     From the applicant, and as approved by the department, all of the following items:

    (i)     Construction plans and specifications.

    (ii)          On a form prescribed by the department, an application completely and accurately filled out and executed.

    (iii)     The fee as specified in R 125.1315(4).

    (b)         From the department of environmental quality, both of the following approvals:

    (i)      Approvals of the local health department, county drain commissioner, county road commission, and municipality, if appropriate.

    (ii)     Approval by the department of  environmental  quality   for  matters pertaining to on-site water supply, sewage collection and disposal.

    (3)    An application shall not be considered complete until all items referred to in subrule (2) of this rule have been received. This rule does not exempt the community from inspection requirements that are required  by other laws, rules, or local ordinances as they apply to the specific project.

    (4)    The department shall issue a permit to construct or an intent to  deny order within 45 days after receipt of a complete application.

History: 1980 AACS; 1998 AACS; 2003 AACS; 2008 AACS.