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01/07/76 CITY WARREN v. STATE CONSTRUCTION CODE

January 7, 1976

CITY OF WARREN
v.
STATE CONSTRUCTION CODE COMMISSION



Appeal from Macomb, Howard R. Carroll, J.

McGregor, P. J., and D. E. Holbrook, Jr., and M. J. Kelly, JJ.

SYLLABUS BY THE COURT

1. Administrative Law -- Constitutional Law -- Delegation of Powers -- Legislature -- Construction Code Commission -- Construction Code.

The power to carry out a legislative policy enacted into law under the police power may be delegated to an administrative board under quite general language, so long as the exact policy is clearly made apparent; therefore, the delegation of legislative power to the State Construction Code Commission to promulgate a construction code was a valid delegation of power where the Legislature set forth numerous, detailed, and explicit guidelines for the commission to follow in adopting the code, directed that the code consist of nationally recognized model building codes and standards, and specified the standards to be utilized by the commission in exercising its power to add to, omit from, amend, or modify the code.

2. Administrative Law -- Statutes -- Incorporation by Reference -- Building Codes -- Private Agencies -- Delegation of Powers -- Legislature -- Objective of Act.

The incorporation in the state construction code of building codes promulgated by private agencies is not unconstitutional where they bear a proper relationship to the legislative act and are clearly related to the general purposes and objectives of the act.

3. Statutes -- Existing Legislation -- Adoption by Reference -- Building Codes -- Constitutional Law -- Delegation of Powers -- Administrative Law.

Legislative adoption by reference of future legislation, rules, regulations or amendments to existing legislation which are subsequently enacted, adopted or promulgated by another sovereign entity constitutes an unlawful delegation of legislative power but the Legislature may incorporate by reference existing statutes and nationally recognized model building codes; incorporation of such codes does not constitute an unconstitutional delegation of legislative power to the agencies which promulgated them.

The opinion of the court was delivered by: Kelly

Complaint by the City of Warren and the Council of the City of Warren for themselves and the inhabitants and real property owners of the City of Warren against the State Construction Code Commission and the County of Macomb seeking temporary and permanent declaratory and injunctive relief exempting the city from the application of the State Construction Code Act of 1972. Temporary injunction granted for the plaintiffs. Defendants filed an emergency application for leave to appeal, which was granted.

This is an appeal, by leave granted, from a temporary restraining order exempting the plaintiff city from the application of the State Construction Code Act of 1972, MCLA 125.1501 et seq.; MSA 5.2949(1) et seq. Specifically the plaintiffs allege that MCLA 125.1504; MSA 5.2949(4) is unconstitutional because it is an unauthorized delegation of legislative authority. This section reads as follows:

"Sec. 4. (1) The Commission [State Construction Code Commission] shall prepare and promulgate the state construction code consisting of rules governing the construction, use and occupation of buildings and structures, including land area incidental thereto, the manufacture and installation of building components and equipment, the construction and installation of premanufactured units, the standards and requirements for materials to be used in connection therewith, and other requirements relating to the safety, including safety from fire, and sanitation facilities of such buildings and structures.

"(2) The code shall consist of nationally recognized model building codes, other nationally recognized model codes and standards and such amendments, additions or deletions to such building code or other codes and standards as the commission determines appropriate.

"(3) The code shall be designed to effectuate the general purposes of this act and the following objectives and standards:

"(a) To provide standards and requirements for construction and construction materials consistent with nationally recognized standards and requirements.

"(b) To formulate such standards and requirements, to the extent practicable, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability.

"(c) To permit to the fullest extent feasible the use of modern technical methods, devices and improvements, including premanufactured units, consistent with reasonable requirements for the health, safety and welfare ...


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