In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 117, Board of Examiners for Wrecking Contractors, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:
117.0 BOARD OF EXAMINERS FOR WRECKING CONTRACTORS
117.1 Established: members; terms; vacancies.
(a) There shall be established a Board of Examiners for Wrecking Contractors consisting of seven members who are appointed by the Mayor to advise the Director of the Buildings, Safety Engineering, and Environmental Department on matters relating to the application, examination, and licensing of wrecking contractors.
(b) The Board of Examiners shall report to and be directly responsible to the Director of the Buildings, Safety Engineering, and Environmental Department.
(c) The appointees shall consist of:
(1) The Chief of the Buildings Division of the Buildings, Safety Engineering, and Environmental Department;
(2) A second employee from the Buildings, Safety Engineering, and Environmental Department Buildings Division;
(3) Two representatives of the public who are resident taxpayers of the City;
(4) One individual who is a registered professional engineer, and
(5) Two individuals who are licensed as wrecking contractors who shall be residents of the City or non-residents who maintain their principal business offices within the City, who are non-voting members.
(d) The two members from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall serve at the pleasure of the Mayor.
(e) Commencing February 15, 2018, the other five Board members not identified in Subsection (d) of this section shall serve staggered three-year terms which, in accordance with Section 2-110 of the 2012 Detroit City Charter, begin on the 15th day of February and end on the final February 14th of the term, provided, that the initial term of two of the members shall be three years, the initial term of two of the members shall be two years, and initial term of one of the members shall be one year.
(1) Any vacancy occurring on the Board of Examiners for Wrecking Contractors for the members delineated in Subsection (e) of this section shall be filled by the Mayor for the remainder of any unexpired term. A member who is appointed to fill a vacancy on the Board shall serve only for the remainder of the term, provided, that such member may be reappointed.
117.2 Promulgation of administrative rules; meetings, quorum; business to be held and conducted at public meetings; notice; public information.
(a) In accordance with Section 2-111 of the 2012 Detroit City Charter, the Board of Examiners for Wrecking Contractors shall promulgate procedural rules for:
(1) The Body’s meetings regarding the application, examination, and licensing of wrecking contractors;
(2) The Body’s hearings regarding the suspension and revocation of Wrecking Contractor Licenses; and
(3) The Body’s hearings regarding the issuance of Wrecking Contractor Licenses that were revoked.
(b) One member from the Buildings, Safety Engineering, and Environmental Department shall be the Chair of the Board of Examiners for Wrecking Contractors and the second member from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall be the Vice-Chair. The Chair shall designate a member of the Buildings, Safety Engineering, and Environmental Department to act as secretary for the Board.
(c) The procedural rules shall provide, among other things, that:
(1) The vice-chair shall act in the absence of the chair;
(2) Three voting members shall be necessary for a quorum and, except where a member has a conflict, with the exception of the two non-voting members, all members shall vote on each voting matter; and
(3) A matter shall not be determined, nor a motion be adopted, except by at least three affirmative votes.
(d) At the direction of the Chief of the Buildings Division, the secretary of the Board of Examiners for Wrecking Contractors shall call a meeting of the Board and shall notify the members thereof in writing in accordance with Subsection (e) of this section. The secretary shall keep a record of all decisions of the Board and, upon request, shall furnish a copy thereof to all interested parties.
(e) The business which the Board of Examiners for Wrecking Contractors may perform shall be conducted at a public meeting that is held in compliance with the Michigan Open Meetings Act, being MCE 15.261 et seq. Public notice of the time, date, and place of the meeting shall be given in the manner required by the Michigan Open Meetings Act, being MCL 15.261 et seq.
(f) A record of decisions made by the Board of Examiners for Wrecking Contractors, and any other writing prepared, owned, used, in the possession of, or retained by the Board in the performance of an official function shall be made available to the public in compliance with the Michigan freedom of Information Act, being MCL 15.231 et seq.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).
In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 118, Wrecking Contractor License, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:
118 WRECKING CONTRACTOR LICENSE
118.1 License required: recommendation of Board of Examiners for Wrecking Contractors required.
No individual, partnership, firm or corporation shall contract to demolish, disassemble, dismantle or dismember, and remove, or engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, residential or commercial buildings or structures, without a license from the Buildings, Safely Engineering, and Environmental Department, which authorizes the holder thereof to engage in such business. Such licenses shall be issued by the Director of the Buildings, Safety Engineering, and Environmental Department to qualified applicants considering the recommendation of the Board of Examiners for Wrecking Contractors.
118.2 Classification and limitation.
Wrecking contractor licenses are classified as follows:
(1) Class A Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete;
(2) Class A Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete.
(3) Class B Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures that are wood frame and solid masonry and neither contain steel frames or reinforced concrete nor exceed three stories or 35 feet in height.
(4) Class B Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures that are wood frame or solid masonry and do not to exceed three stories or 35 feet in height.
(5) Class C License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential buildings or structures that do not exceed three stories or 35 feet in height.
118.3 Application; supplementation of information required.
(a) An application for a Wrecking Contractor License shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application shall be considered complete when the appropriate person has signed and dated the application in the presence of a notary public, has provided an affidavit that attests to their experience and is signed in the presence of a notary public, has paid the nonrefundable license fee that is established and approved under Section 109.1 of this code, and has provided the information that is required on the form, including:
(1) The name, business address, and telephone number of the business;
(2) Where the applicant is an individual:
a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;
b. The applicant’s current mailing address and e-mail address; and
c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicant’s date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency; and Wrecking experience of applicant.
(3) Where the applicant is a partnership:
a. The legal name and any other name used by the partners during the preceding five years;
b. The current mailing address and email address for the business; and
c. The name and wrecking experience of the partner designated to take the examination for the partnership;
(4) Where the applicant conducts business under a trade or assumed name:
a. The complete and full trade or assumed name;
b. The county where and date that the trade or assumed name was filed;
c. The name of the person doing business under such trade or assumed name, the manager, and other person in charge; and
d. The current mailing address and email address for the business;
(5) Where the applicant is a corporation:
a. The full and accurate corporate name;
b. The state and date of incorporation;
c. The full names and addresses of officers, directors, managers, and other persons with authority to bind the corporation;
d. The current mailing address and email address for the business; and
e. Name and wrecking experience of an officer of the corporation who is designated to take the examination for the corporation;
(6) The period of time during which said applicant has been engaged in the business; and
(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process.
(b) Any information provided in accordance with Subsection (a) of this section shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.
118.4 Experience required.
(a) Class A licenses.
(1) Except as provided in Subsection (2) of this section, no Class A license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.
(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.
(3) In addition to the provisions of Subsection (1) and (2) of this section, no Class A Unrestricted License shall be issued unless a holder who disassembles, dismantles or dismembers, and removes, one- and two-family dwellings, first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.
(b) Class B licenses.
(1) Except as provided in Subsection (2) of this section, no Class B license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.
(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.
(3) In addition to the provisions found in Subsection (1) and (2) of this section, no Class B Unrestricted License shall be issued unless a holder who demolishes, disassembles, dismantles or dismembers, and removes, one- and two-family dwellings first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.
(c) Class C licenses.
(1) No Class C license shall be issued unless the applicant is licensed as a residential builder or a residential maintenance and alteration contractor with a wrecking classification by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412; and has either
(2) A State of Michigan Licensed Engineer on staff and present during demolition at the demolition site; or
(3) Has experience in a supervisory capacity in the demolition of at least five residential structures.
118.5 Oral and written examinations required.
(a) The Board of Examiners for Wrecking Contractors shall determine the qualifications of each applicant. The Board shall make its decision based upon an oral examination, a written examination, and sworn affidavits that are required to be submitted with the application.
(b) The Board shall conduct the oral examination of each applicant. There shall be at least five members of the Board present at the oral examination.
(c) In the event that the applicant passes the oral examination, the Buildings, Safety Engineering, and Environmental Department is authorized to offer the written examination to the applicant. The written examination shall be conducted once each month in accordance with examination schedule that is posted at the Department for the current calendar year. A completed application to take the examination, along with the required fee, shall be received at the Department no later than 14 days before the examination. An applicant who passes the written examination may obtain issuance of his or her license at the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.
118.7 Surety bond and insurance.
(a) No Wrecking Contractor License shall be issued until the applicant has filed with the Director of Buildings, Safety Engineering, and Environmental Department:
(1) A surety bond in the amount of $50,000.00 with such surety or sureties as are approved by the Corporation Counsel, conditioned on the faithful performance of the provisions of this Code and other applicable laws, and saving and protecting the City harmless from any and all damages to private property and to pay for any and ail damages to public property that may arise from the use of any of its streets, alleys, boulevards or other public places in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures; and
(2) A public liability and property damage insurance policy naming the applicant and the City of Detroit as an additional insured and providing for the payment of any liability imposed by law on such applicant and/or the City of Detroit to the extent of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for injury to or death of any one person, and not less than $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License for injuries to or death of more than one person and damages to property in the amount of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for each occurrence and $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License in the aggregate; and provided further, that the applicant submits a satisfactory insurance policy with evidence to the effect that he is covered by workers compensation insurance covering any and all wrecking operations. Such policies of insurance shall expire concurrently with the Wrecking Contractor license, on December 31st of each year, and new insurance policies shall be obtained and produced when making application for the annual renewal of the license. The policies of insurance shall contain a provision of a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon.
(b) Any insurance company whose policy or policies have been so filed pursuant to this section shall file written notice in the office of the Director of Buildings, Safety Engineering, and Environmental Department of its intention to terminate and cancel such policy or policies and give notice thereof to the licensee, whereupon the Director of Buildings, Safety Engineering, and Environmental Department shall cause the Wrecking Contractor License of the individual, partnership, firm, or corporation affected thereby to become null and void until such time as a new policy or policies of insurance are issued and presented to the Buildings, Safety Engineering, and Environmental Department.
118.9 Updating certain information required.
(a) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of the address that was provided under Section 118.3 of this code within ten business days after the change has occurred.
(b) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of partners, officers, or a trade or an assumed name that was provided under Section 118.3 of this code within ten business days after the change has occurred.
118.10 Expiration and renewal of license; wrecking prohibited where license expired or revoked.
(a) An application for renewal of a Wrecking Contractor License shall be filed annually with the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division prior to January 1st in each year.
(b) Prior to the expiration of a current Wrecking Contractor License, a licensee shall submit an application for renewal and pay a non-refundable fee for renewal of the license. Submission of an application for renewal and payment of the license fee before the expiration date of the license shall allow tor the continued operation as a wrecking contractor until such time that the license renewal application is denied, or the license is suspended or revoked.
(c) A Wrecking Contractor License that is issued under Section 118.8 of this code shall expire on December 31st.
(d) Where any Wrecking Contractor License has not been renewed for one year from the date of expiration, the license is deemed revoked.
(e) A Wrecking Contractor License that is revoked under this section may be renewed upon application to the Board of Examiners for Wrecking Contractors and the showing of good cause. An applicant whose license is revoked is required to pay a late fee for each year and, where the applicant’s license is revoked for more than three years, the applicant is subject to retesting and the payment of the examination fee.
(f) It shall be unlawful for any individual whose Wrecking Contractor License has not been renewed to demolish, disassemble, dismantle or dismember, and remove buildings or structures, or to engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, buildings or structures, or to perform such work on a contractual basis, until such expired license has been renewed or reinstated upon reconsideration by the Board of Examiners for Wrecking Contractors.
(g) A Wrecking Contractor License that is issued under this section may be renewed or reinstated only by submitting a completed application and paying the non-refundable fee as required, respectively, in Section 118.3 and Section 118.5 of this code to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.
118.11 Suspension and revocation.
(a) Any licensed wrecking contractor who fails to comply with any notice of the Buildings, Safety Engineering, and Environmental Department relative to wrecking operations may have their license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors. Any licensed wreck inn contractor who operates in violation of the provisions of this ordinance and/or State and local rules and regulations lawfully promulgated, may have such license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors.
(b) The Department may send a Notice to Appear to the holder of a Wrecking Contractor License, where facts exist regarding any of the following reasons:
(1) An allegation of incompetence;
(2) An allegation of act of willful or gross negligence;
(3) An allegation of deliberate misrepresentation;
(4) Failure of licensee to comply with the conditions under which a permit was issued; or
(5) Failure of the licensee to comply with any other requirement of this Code or applicable state law.
(c) The Notice to Appear shall:
(1) Be in writing to the holder of the license at the address shown on Buildings, Safety Engineering, and Environmental Department records to appear before the Board of Examiners for Wrecking Contractors at a stated date and time to show cause why the license should not be suspended or revoked;
(2) State the reason or reasons therefor that the license will be suspended or revoked unless good cause is shown to the contrary at the hearing; and
(3) Be sent, via first class and certified mail, providing seven days notice before the scheduled hearing date.
(d) Pending the hearing, the Director may immediately suspend such license if the circumstances in the Director’s opinion justify such action. After the hearing, the Board of Examiners for Wrecking Contractors shall make its recommendation to the Director who may suspend or revoke the license if the Director finds the wrecking contractor in violation of any of the causes for suspension or revocation and if such action in the Director’s opinion is in the best interest of the City.
(e) It shall be unlawful for any individual, partnership, firm, or corporation whose Wrecking Contractor License has been suspended or revoked to engage in the demolition or removal of buildings or structures in the City until such suspended or revoked license has been reinstated or reissued.
118.12 Review of adverse decision.
In the event that the Director’s decision is adverse to the licensee, the licensee may pursue review of the adverse decision in accordance with the Michigan Court Rules by appeal to the circuit court within 21 days of entry of an order. Where said licensee seeks judicial review, the Director’s decision remains in effect until enjoined or reversed by the circuit court.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).
(a) In accordance with Section 8-2-2 of this Code, Appendix G of the Michigan Building Code shall be enforced by the City’s building official as the City’s floodplain management regulations.
(b) In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds to Section 1612 of the 2015 Michigan Building Code, Flood Loads, the following provision, which, as required by federal law, was contained in the 1984 Detroit City Code and concerns administration and enforcement: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in the engineering report entitled “The Flood Insurance Study for Wayne County Michigan (All Jurisdictions),” dated October 21, 2021 as amended or revised with the accompanying Flood Insurance Rate Map (FIRM), which specifies: panel numbers 26163CIND1C, 26163CIND2C, 26163C0140F, 26163C0143F, 26163C0269F, 26163C0270F, 26163C0282F, 26163C0284F, 26163C0285F, 26163C0286F, 26163C0287F, 26163C0288F, 26163C0301F, 26163C0302F, 26163C0303F, 26163C0304F, 26163C0306F, effective October 21, 2021; panel numbers 26163C0060E, 26163C0066E, 26163C0067E, 26163C0069E, 26163C0100E, 26163C0150E, 26163C0232E, 26163C0234E, 26163C0253E, 26163C0255E, 26163C0268E, 26163C0280E, effective February 2, 2012 and, provides the required information of the “Flood Hazards” section of Table R301.2(1) of the 2015 Michigan Residential Code, and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-33 (JCC 9/21/2021, Passed 10/5/2021, Approved 10/11/2021, Published 10/14/2021, Effective 10/21/2021).