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Bill

HB 5033

Construction: other; School building construction projects that cost less than $5,000,000.00; exempt from certain construction requirements. Amends sec. 5a of 1937 PA 306 (MCL 388.855a).

2025-2026 Regular Session Introduced by Gina Johnsen and 3 co-sponsors

Raises the project threshold to $5,000,000, exempting smaller school construction from needing a registered architect/engineer while preserving plan reviews.

referred to second reading
0
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Bill Summary · HB 5033

Summary — HB 5033 (Amendment to 1937 PA 306, §5a / MCL 388.855a)

Status and procedural history
- Bill number: HB 5033. Introduced March 13, 2025 (Rep. Tim Kelly listed as sponsor on the reproduced version).
- Legislative actions show passage by both chambers and the bill was signed by the Governor on June 20, 2025 (remarks note an effective date; the exact effective date is not provided in the document excerpt).
- This bill amends Section 5a of the School Code (1937 PA 306), MCL 388.855a (as amended by 2020 PA 45).

Purpose / intent
- HB 5033 raises the dollar threshold under which certain school construction, reconstruction, and remodeling activities are exempt from some statutory requirements. The intent is to expand the class of smaller projects that are exempt from certain regulatory obligations (notably the mandatory use of a registered architect or engineer).

Key provisions and changes
- Exemption threshold increased: The bill replaces the existing monetary exemption of $15,000.00 with $5,000,000.00. Concretely:
- The act will no longer apply to construction, reconstruction, or remodeling of a school building if the total cost is less than $5,000,000.00 (previously $15,000).
- Related provisions that depended on the threshold are updated to reflect the $5,000,000.00 figure (for example, when section 1(1)(a) of the act applies based on exceeding the threshold).
- Architect/engineer requirement: If a construction, reconstruction, or remodeling project costs less than $5,000,000.00, it is not necessary to employ a registered architect or engineer. (Previously that exemption applied below $15,000.)
- Plan review preserved: Even where an architect/engineer is not required, plans must still be submitted to the Bureau of Fire Services and to the Superintendent of Public Instruction (or their authorized agents) for criticism, suggestions, and approval.
- Other statutory applications unchanged or reiterated:
- The act does not apply to 1‑story school buildings or 1‑story additions (unchanged), and section 1(1)(d) applies to all construction of school buildings/additions of one or more stories regardless of cost.
- Reconstruction after catastrophe: the act continues to apply where more than 50% of a school building is destroyed; the Bureau of Fire Services and Superintendent retain authority to require remodeling/reconstruction under the act.
- Existing non‑school buildings must be approved by the Superintendent and the Bureau of Fire Services before being used as school buildings.
- Temporary door locking devices/systems (as described in section 1d) may be installed in any school building or addition regardless of stories or construction cost.

Who is affected
- School districts and public/private schools: Greater flexibility for projects under $5,000,000 — fewer mandatory design-professional requirements.
- Architects and engineers: Potential reduction in requirement-driven work on school projects under $5M.
- Contractors and construction vendors: Potentially lower project overhead and faster procurement for sub‑$5M projects.
- State agencies: Bureau of Fire Services and Superintendent of Public Instruction retain plan review and approval roles and may see increased review volume for projects that no longer require registered design professionals.
- Students, staff, and public: Safety and building code compliance still subject to plan review, but the change shifts some design responsibility away from mandated registered professionals.

Potential impacts and considerations
- Administrative and cost effects: School districts may save on professional design fees for many projects under $5M; procurement timelines may be shortened where hiring a registered architect/engineer is no longer mandatory.
- Safety and design oversight: Although plan submission and bureau/superintendent review remain required, removing the mandatory use of registered design professionals may raise concerns among some stakeholders about building design quality and long‑term safety or durability for projects approaching the new threshold.
- Policy balance: The bill increases local flexibility while preserving state review authority and specific safety triggers (e.g., >50% destruction).

Legal reference
- Amends section 5a of 1937 PA 306 (MCL 388.855a), as amended by 2020 PA 45.

Compiled from official sources — confirm details with the bill’s official record.

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