Charter Township of Oakland, MI Chapter 165 Construction Standards

[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — See Ch. 68.

Fire prevention — See Ch. 203.

Floodplains and wetland protection — See Ch. 210.

Historic districts and preservation — See Ch. 228.

Property maintenance — See Ch. 320.

Stormwater management and erosion control — See Ch. 364.

Article I Enforcing Agencies

[Adopted 6-12-2001 by Ord. No. 96 (Ch. 4, Art. II, of the 2007 Code of Ordinances)]

§ 165-1 Purpose and intent.

[Amended 9-26-2006 by Ord. No. 96-2006A]

The intent of this article is to designate enforcing agencies to discharge the responsibility of the Charter Township of Oakland, located in Oakland County, under the provisions of the State Construction Code Act, Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended, and to designate regulated flood-prone hazard areas within the Township as set forth in the most recent Federal Emergency Management Agency (FEMA), Oakland County, Michigan, Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMs) for the purpose of enforcing the State Construction Code regulations pertaining to flood zones in those regulated flood-prone hazard areas.

§ 165-2 Enforcing agency designated.

[Amended 9-26-2006 by Ord. No. 96-2006A]

The Township assumes responsibility for the administration and enforcement of the State Construction Code Act, Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.

§ 165-3 Agency designations.

[Amended 9-26-2006 by Ord. No. 96-2006A]

A. Building Code. Pursuant to the provisions of the Michigan Building Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, the Township Building Department, its building officials and supporting administrative staff and consultants, the Township Board of Trustees, the Planning Commission, and the Construction Board of Appeals are hereby designated as the enforcing agency to discharge the responsibility of the Township under Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Electrical Code. Pursuant to the provisions of the Michigan Electrical Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, the Township Building Department, inclusive of its electrical officials and supporting administrative staff and consultants, are hereby designated as the enforcing agency to discharge the responsibility of the Township under Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.

C. Mechanical Code. Pursuant to the provisions of the Michigan Mechanical Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, the Township Building Department, inclusive of its mechanical officials and supporting administrative staff and consultants, are hereby designated as the enforcing agency to discharge the responsibility of the Township under Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.

D. Plumbing Code. Pursuant to the provisions of the Michigan Plumbing Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, the Township Building Department, inclusive of its plumbing officials and supporting administrative staff and consultants, are hereby designated as the enforcing agency to discharge the responsibility of the Township under Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.

E. Residential Code. Pursuant to the provisions of the Michigan Residential Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, the Township Building Department, its building officials and supporting administrative staff and consultants, the Township Board of Trustees, the Planning Commission, and the Construction Board of Appeals are hereby designated as the enforcing agency to discharge the responsibility of the Township under Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.), as amended.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Code Appendix enforced. Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Public Act No. 230 of 1972 [MCLA § 125.1508b(6)], as amended, Appendix G of the State Construction Code[3] shall be enforced by the Township Building Department, its building officials and supporting administrative staff and consultants, the Township Board of Trustees, the Planning Commission, and the Construction Board of Appeals within the Township.[4]

[3] Editor's Note: See the International Building Code, 2012 Edition, Appendix G, Flood-Resistant Construction.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Designation of regulated flood-prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006, the Flood Insurance Rate Maps (FIRMs) panel numbers of 26125C0237F, 26125C0239F, 26125C0241F, 26125C0242F, 26125C0243F, 26125C0244F, 26125C0263F, 26125C0275F, 26125C0377F, 26125C0379F, 26125C0381F, 26125C0382F, 26125C0383F, 26125C0384F, 26125C0401F, 26125C0403F, and dated September 29, 2006, are adopted by reference and declared to be part of Section 1612.3 of the State Construction Code.[5]

[5] Editor's Note: See the International Building Code, 2012 Edition, Section 1612.3, Establishment of flood hazard areas.

H. Planning Commission and Township Board review. The Planning Commission and the Township Board shall conduct the review for permit issuance pursuant to Section G104 of the State Construction Code, Appendix G, for any proposed development in the Township within the flood hazard areas delineated on the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) set forth in Subsection G of this section. The Planning Commission and Township Board review will focus on whether development in the flood hazard areas, special flood hazard areas and floodways should be permitted pursuant to Sections G301 through G701 of Appendix G based on compliance with State Construction Code requirements. The Township building official shall review and approve the building plans pursuant to the State Construction Code as part of the building permit issuance. Applications for variances from decisions made by the Township Board shall be made to the Township Zoning Board of Appeals pursuant to Section G105 of Appendix G. Applications for variances from decisions made by the Township building official shall be made to the Township Construction Board of Appeals pursuant to Section G105 of Appendix G.

§ 165-4 Fees. [1]

Permit fees for the enforcement of the State Construction Code shall be adopted from time to time by resolution of the Township Board in accordance with the fee structure set by the state.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 165-5 Construction Board of Appeals. [1]

A Township Construction Board of Appeals is created and shall consist of three members appointed by the Township Board for two-year terms. The Construction Board of Appeals is granted those powers and duties as set forth in Public Act No. 230 of 1972 (MCLA § 125.1501 et seq.).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 165-6 Violations and penalties.

[Amended 9-26-2006 by Ord. No. 96-2006A]

A. Pursuant to the provisions of Sections 8b(2) and 23(3) of the State Construction Code Act, Public Act No. 230 of 1972 [MCLA § 125.1508b(2), 125.1523(3)], any person who violates any provision of the State Construction Code as enforced by the Township and the Township enforcing agencies under this article shall be responsible for a municipal civil infraction as set forth in Chapter 52, Ordinance Enforcement, Article II, Municipal Civil Infractions; Citations, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, abate and/or enjoin violation of the State Construction Code. Each day that a violation is permitted to exist shall constitute a separate violation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. In addition to any remedies provided for by Township ordinance, any equitable or other remedies available may be sought.