Michigan Compiled Laws

Mich. Comp. Laws § 29.16 (2026)

Noncompliance with order or direction of court as contempt; citation; execution of order and directions; cost and expense of executing order; use of salvaged materials; disposition of surplus.

✓ current as of July 2026

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FIRE PREVENTION CODE

Act 207 of 1941

29.16 Noncompliance with order or direction of court as contempt; citation; execution of order and directions; cost and expense of executing order; use of salvaged materials; disposition of surplus.

Sec. 16.

(1) The refusal or failure of a defendant to comply with an order or direction of the court issued under section 13, within the time limited for compliance, is contempt of court for which the respondent may be ordered to appear and answer in the same manner as in other cases of contempt of court. Upon the refusal or failure, the court may order the state fire marshal to execute the order and directions and abate the fire hazard and, for the purpose of executing the order and directions, to enter upon the premises and employ or contract for labor, tools, implements, or other assistance as is necessary for the performance of the work. The amount of the cost and expense of executing the order is a lien upon the land and premises enforceable and collectible in the same manner as a construction lien under the construction lien act, 1980 PA 497, MCL 570.1101 to 570.1305.

(2) Salvage of materials made in the abatement of the fire hazard may be used by the bureau to defray the cost and expense of executing the order or directions of the court to the extent of the cost and expense and the discharge of the lien. A surplus over and above the cost and expense belongs to the owner of the premises.

History: 1941, Act 207, Imd. Eff. June 16, 1941 ;-- CL 1948, 29.16 ;-- Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974 ;-- Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978 ;-- Am. 2006, Act 189, Imd. Eff. June 19, 2006

Compiler's Notes:

For transfer of certain authority, powers, functions, and responsibilities of the state fire marshal and the fire marshal division of the department of state police to the director of the department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

Notes of Decisions

Cited in 3 cases, 1986–2008 · leading case: Ypsilanti Fire Marshal v. Kircher, 730 N.W.2d 481 (Mich. Ct. App. 2007).

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Ypsilanti Fire Marshal v. Kircher, 730 N.W.2d 481 (Mich. Ct. App. 2007). · cites it 4× “MCL 29.16(1); Ankersen, supra at 554 . 17 However, if the trial court determines that any cost was necessarily incurred to properly abate a nuisance under the Ypsilanti building code or fire code, that cost must be excluded from the new lien amount.”

Attorney Gen. v. Ankersen, 385 N.W.2d 658 (Mich. Ct. App. 1986). · cites it 2× “MCL 29.16; MSA 4.559(16). Section 14 addresses the effect of a subsequent sale of the property: "The state fire marshal, upon the issuance of the order provided for in section 9, may make and file for record in the office of the register of deeds of the county in which the land,…”

Ypsilanti Charter Twp. v. Kircher, 761 N.W.2d 761 (Mich. Ct. App. 2008). “MCL 29.16(1); Ypsilanti Fire Marshal, 273 Mich App at 537 n 17.”

— Mich. Comp. Laws § 29.16(1) — 3 cases

Ypsilanti Fire Marshal v. Kircher, 730 N.W.2d 481 (Mich. Ct. App. 2007). “MCL 29.16(1); Ankersen, supra at 554 . 17 However, if the trial court determines that any cost was necessarily incurred to properly abate a nuisance under the Ypsilanti building code or fire code, that cost must be excluded from the new lien amount.”

Ypsilanti Charter Twp. v. Kircher, 761 N.W.2d 761 (Mich. Ct. App. 2008). “MCL 29.16(1); Ypsilanti Fire Marshal, 273 Mich App at 537 n 17.”

Attorney Gen. v. Ankersen, 385 N.W.2d 658 (Mich. Ct. App. 1986). “MCL 29.16; MSA 4.559(16). Section 14 addresses the effect of a subsequent sale of the property: "The state fire marshal, upon the issuance of the order provided for in section 9, may make and file for record in the office of the register of deeds of the county in which the land,…”

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.