Mich. Comp. Laws § 388.851

School buildings; construction and remodeling requirements; rules; "department" defined.

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CONSTRUCTION OF SCHOOL BUILDINGS

Act 306 of 1937

388.851 School buildings; construction and remodeling requirements; rules; "department" defined.

Sec. 1.

(1) A school building, public or private, or any additions to a school building, must not be constructed or remodeled in this state unless all plans and specifications for buildings are prepared by any of the following:

(a) An architect or a professional engineer who is licensed in this state.

(b) An architect or a professional engineer who is licensed in this state working in conjunction with a design-builder. The architect or professional engineer and the design-builder described under this subdivision may form a design-build team.

(2) A school building, or any addition to the school building, constructed or remodeled in accordance with subsection (1) must comply with the Stille-DeRosett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, and the rules promulgated under section 4 of the Stille-DeRosett-Hale single state construction code act, 1972 PA 230, MCL 125.1504.

(3) The director of the department shall promulgate rules that establish standards and requirements for the relocation and reuse of used modular classrooms. The rules shall require an inspection of a relocated used modular classroom at its original location, at its new location, or at any location where repairs are made to the used modular classroom.

(4) As used in this section, "department" means the department of licensing and regulatory affairs.

History: 1937, Act 306, Imd. Eff. July 23, 1937 ;-- Am. 1941, Act 148, Eff. Jan. 10, 1942 ;-- CL 1948, 388.851 ;-- Am. 1949, Act 231, Imd. Eff. May 31, 1949 ;-- Am. 1962, Act 175, Imd. Eff. May 17, 1962 ;-- Am. 1968, Act 239, Eff. Sept. 1, 1968 ;-- Am. 2002, Act 628, Imd. Eff. Dec. 23, 2002 ;-- Am. 2003, Act 254, Imd. Eff. Dec. 29, 2003 ;-- Am. 2004, Act 510, Imd. Eff. Jan. 3, 2005 ;-- Am. 2024, Act 67, Eff. Apr. 2, 2025

Compiler's Notes:

For transfer of powers and duties of state fire marshal to 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 8 cases, 1971–2018 · leading case: Northville Charter Township v. Northville Public Schools

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Northville Charter Township v. Northville Public Schools (2003) mich · cites it 8× “§§ 388.851 to 388.855a]. The superintendent of public instruction has sole and exclusive jurisdiction over the review and approval of plans and specifications for the construction, reconstruction, or remodeling of school buildings used for instructional or noninstructional…”

Milliken v. Bradley (1974) scotus · cites it 3× “Under Michigan law, Mich. Comp. Laws §388.851 (1970), for example, school building construction plans had to be approved by the State Board of Education, and, prior to 1962, the State Board had specific statutory authority to supervise schoolsite selection.”

Advisory Opinion Re Constitutionality of Pa 1970, No 100 (1971) mich · cites it 4× “3365[1]). [27] MCLA § 340.360 (Stat Ann 1968 Rev § 15.”

Council of Organizations & Others for Ed v. State of Michigan (2018) michctapp · cites it 2× “557; school building construction, MCL 388.851 to MCL 388.855b; federal asbestos building regulations, MCL 388.”

Schulz v. Northville Public Schools (2001) michctapp · cites it 4× “However, intervenors argue that the superintendent’s jurisdiction over site plans for school buildings is limited by the language of the construction of school buildings act (csba), MCL 388.851 to 388.855a. Intervenors point to the first sentence of MCL 380.”

National Ass'n for Advancement of Colored People v. Lansing Board of Education (1976) miwd “§ 388.851, Op. Atty.Gen. No. 1837, 1952-1954 Report of the Attorney General 440 (Nov.”

Hough v. North Star Baptist Church (1981) michctapp · cites it 3× “The Director of the Michigan State Police petitioned for an order to show cause why an injunction should not issue against respondents for failure to comply with school fire safety standards, MCL 388.851 et seq.; MSA 15.1961 et seq., MCL 29.”

Lutheran High School Ass'n v. City of Farmington Hills (1985) michctapp “1 Plaintiff also argues that such legislative intent may be found in the statute governing the construction of public and private school buildings, MCL 388.851; MSA 15.1961. That statute concerns construction requirements and in no way manifests a legislative intent that schools…”

— Mich. Comp. Laws § 388.851(b) — 1 case

Hough v. North Star Baptist Church (1981) michctapp “The Director of the Michigan State Police petitioned for an order to show cause why an injunction should not issue against respondents for failure to comply with school fire safety standards, MCL 388.851 et seq.; MSA 15.1961 et seq., MCL 29.”

— Mich. Comp. Laws § 388.851(d) — 1 case

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