Michigan Compiled Laws

Mich. Comp. Laws § 125.1516 (2026)

Appeal to commission; time; hearing; quorum; effect of decision; copy of decision and statement of reasons; record of decisions; public inspection; referral of certain appeals to appropriate board; review of board's decision; petition.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT

Act 230 of 1972

125.1516 Appeal to commission; time; hearing; quorum; effect of decision; copy of decision and statement of reasons; record of decisions; public inspection; referral of certain appeals to appropriate board; review of board's decision; petition.

Sec. 16.

(1) An interested person, or the interested person's authorized agent, may appeal a decision of a board of appeals to the commission within 10 business days after filing of the decision with the enforcing agency or, in case of an appeal because of failure of a board of appeals to act within the prescribed time, at any time before filing of the decision. The hearing of an appeal based on the denial of a request for a variance by a board of appeals is within the sole discretion of the commission. If deciding an appeal, the commission may act either as a whole or by a panel of 3 or more of the commission members designated by the commission's chairperson to hear and decide the appeal. A majority of a panel constitutes a quorum and a decision by a panel requires concurrence of at least a majority of the panel's members. If an appeal has been presented to the commission within the time prescribed, the appeal shall be heard de novo by the commission. The commission may affirm, modify, or reverse a decision of the board of appeals or the enforcing agency. Except if modified or reversed by a court of competent jurisdiction, a decision of the commission made under this section is binding on the applicant and the affected board of appeals and enforcing agency. An appeal to the commission shall be decided within 30 days after receipt of the appeal by the commission. A copy of the decision and a statement of reasons for the decision shall be sent to the applicant and filed with the affected board of appeals and enforcing agency within 5 business days after the making of the decision. A record of decisions made by the commission under this section, properly indexed, shall be kept in the office of the commission, and be open to public inspection during business hours in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(2) Notwithstanding subsection (1), the executive director of the commission shall refer an appeal to the commission under subsection (1) which in the executive director's judgment relates principally to a mechanical, plumbing, electrical, or barrier free design matter to the appropriate board. The board shall hear and decide the appeal in the same manner as an appeal is heard and decided by the commission under this section, except that a board shall meet as a whole and not in a panel. A person aggrieved by a decision of a board on any appeal under this subsection may petition the commission to review the decision. The commission shall act on the petition within 5 business days after receipt, and may grant the petition at the commission's discretion except that the commission shall grant the petition if it appears that the appeal involves a question of major significance to the people of this state and that the case of the appellant has substantial merit. If the commission grants the petition, the commission acting as a whole shall review the decision in accordance with a procedure established by the commission's rules.

History: 1972, Act 230, Eff. Jan. 1, 1973 ;-- Am. 1974, Act 180, Imd. Eff. June 27, 1974 ;-- Am. 1978, Act 442, Imd. Eff. Oct. 9, 1978 ;-- Am. 2001, Act 164, Imd. Eff. Nov. 7, 2001

PopularName Notes:

Act 230

PopularName Notes:

Uniform Construction Code

AdminRule Notes:

R 408.30101 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1981–2024 · leading case: Cummins v. Robinson Twp., 770 N.W.2d 421 (Mich. Ct. App. 2009).

Sort: Relevance Newest Treatment

Cummins v. Robinson Twp., 770 N.W.2d 421 (Mich. Ct. App. 2009). “MCL 125.1516. Beyond administrative appeals, further appeal to the circuit court and to this Court are available.”

Ypsilanti Twp. v. Edward Rose Bldg. Co., 315 N.W.2d 196 (Mich. Ct. App. 1981). · cites it 2× “Pursuant to the order of this Court, defendant appealed the decision of the Ypsilanti Township Construction Board of Appeals to the State Construction Code Commission, as provided under MCL 125.1516; MSA 5.2949(16). Thereafter, on May 15, 1980, the commission issued an opinion…”

Phil Forner v. Allendale Charter Twp. (Mich. Ct. App. 2020). · cites it 3× “Appellant fails to persuade us that the Bureau may not provide administrative support for the Commission, which has no support staff of its own.”

Phil Forner v. Tallmadge Charter Twp. (Mich. Ct. App. 2021). · cites it 3× “1516(1) Forner argues that the Commission erred by not deciding his appeal within 30 days as required by MCL 125.1516(1). We disagree. Forner raised this same argument in an earlier case before this Court, in Forner v Allendale Charter Twp, unpublished per curiam opinion of the…”

20241218_C369584_38_369584.Opn.Pdf (Mich. Ct. App. 2024). · cites it 2× “MCL 125.1516(1). In turn, MCL 125.1518 provides in relevant part that “[a]n appeal pursuant to Act No.”

— Mich. Comp. Laws § 125.1516(1) — 3 cases

Phil Forner v. Allendale Charter Twp. (Mich. Ct. App. 2020). “Appellant fails to persuade us that the Bureau may not provide administrative support for the Commission, which has no support staff of its own.”

Phil Forner v. Tallmadge Charter Twp. (Mich. Ct. App. 2021). “1516(1) Forner argues that the Commission erred by not deciding his appeal within 30 days as required by MCL 125.1516(1). We disagree. Forner raised this same argument in an earlier case before this Court, in Forner v Allendale Charter Twp, unpublished per curiam opinion of the…”

20241218_C369584_38_369584.Opn.Pdf (Mich. Ct. App. 2024). “MCL 125.1516(1). In turn, MCL 125.1518 provides in relevant part that “[a]n appeal pursuant to Act No.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.