reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13306 - License; Application; Issuance; Duration; Fee; Fee Adjustment; “Detroit Consumer Price Index” Defined.

333.13306 License; application; issuance; duration; fee; fee adjustment; “Detroit consumer price index” defined.
Sec. 13306.
(1) The department may receive license applications for the operation of a class IV installation. Upon compliance by an applicant with the requirements of this part and rules promulgated pursuant to this part, the department shall issue a class IV installation license.
(2) The department shall issue a license under this part for a period of 1 year.
(3) Except as otherwise provided in subsection (4), the initial application and annual license fee for a class IV installation license is $100.00 for each class IV installation with operating equipment and an additional $2.75 per pound of rated capacity per cleaning wheel for each dry cleaning machine.
(4) The department shall adjust on an annual basis the installation license fees prescribed by subsection (3) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index, not to exceed 5%. As used in this subsection, "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States department of labor.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1992, Act 53, Imd. Eff. May 20, 1992
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
Admin Rule:
R 325.17101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13307 - Inspections; Delegation to Local Health Department; Costs; Local Ordinance Prohibited; Staff.

333.13307 Inspections; delegation to local health department; costs; local ordinance prohibited; staff.
Sec. 13307.
(1) The department shall conduct annual inspections of class IV installations to insure compliance with the requirements of this part and rules promulgated pursuant to this part.
(2) The department may delegate the duty of inspections for approval of class IV installation permits to a local health department which has the technical and other capabilities to protect the public health, safety, and welfare in this field. The delegation shall not take place unless the department has first consulted with an ad hoc committee which shall be appointed by the department for the purpose of advising on such delegation. Membership on the ad hoc committee shall include representatives of the department, local public health agencies, and an association which represents the class IV installations which would be subject to the inspections. The state shall reimburse each local health department the full amount of the fees collected, as reimbursement for cost of inspection, on vouchers certified by the local health officer and approved by the department.
(3) A local governmental unit shall not enact or enforce an ordinance which duplicates the standards regarding class IV installations imposed in this part.
(4) The department shall adequately staff the dry cleaning section to carry out the duties of the department under this section.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1992, Act 53, Imd. Eff. May 20, 1992
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
Admin Rule:
R 325.17101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13308 - License Renewal; Application; Fee; Issuance.

333.13308 License renewal; application; fee; issuance.
Sec. 13308.
(1) A person operating a class IV installation shall apply for license renewal and shall pay a fee as prescribed by section 13306.
(2) Upon compliance by an applicant with the requirements of this part and rules promulgated pursuant to this part and payment of the license renewal fee, the department shall issue a renewal license.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1992, Act 53, Imd. Eff. May 20, 1992
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13309 - Exhibition of License.

333.13309 Exhibition of license.
Sec. 13309.
A license shall be exhibited at all times in the customer area of a class IV installation in a conspicuous place.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13310 - Repealed. 2006, Act 195, Imd. Eff. June 19, 2006.

333.13310 Repealed. 2006, Act 195, Imd. Eff. June 19, 2006.
Compiler's Notes:
The repealed section pertained to applicability of MCL 28.5i to class IV installation in same building or establishment as other classes of dry cleaning installations.For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13311 - Installation in Building Approved by Department.

333.13311 Installation in building approved by department.
Sec. 13311.
A class IV installation in which no flammable liquids as defined in section 1 of the fire prevention code, Act No. 207 of the Public Acts of 1941, being section 29.1 of the Michigan Compiled Laws, are employed for other than spotting purposes may be installed in a building approved by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1992, Act 53, Imd. Eff. May 20, 1992
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13312 - Prohibited Installation; Exception.

333.13312 Prohibited installation; exception.
Sec. 13312.
A class IV installation shall not be located in a building occupied in part as a dwelling. An exception may be granted when due to special construction, location, or use the class IV installation will not create injury or hazard to health as determined by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13313 - Preventing Escape of Vapors; Ventilation; Exception.

333.13313 Preventing escape of vapors; ventilation; exception.
Sec. 13313.
(1) A class IV installation shall be constructed and installed so as to prevent the escape of substantially all vapors into the atmosphere of the dry cleaning room.
(2) Ventilation shall be installed in a class IV installation to meet the requirements of rules promulgated pursuant to this part.
(3) A class IV installation shall not be installed in a basement or other location difficult to ventilate. An exception may be granted when due to special construction, location, or use the class IV installation will not create injury or hazard to health as determined by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13314 - Use of Flammable Solvent.

333.13314 Use of flammable solvent.
Sec. 13314.
A class IV installation shall not use a flammable solvent for brushing, scouring, or scrubbing. The use of a flammable solvent for spotting purposes shall be limited to 1 quart with storage and application from an approved safety can.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13315 - Fire Extinguishers.

333.13315 Fire extinguishers.
Sec. 13315.
One or more fire extinguishers, of either the carbon dioxide or dry chemical type shall be provided for use against A, B, and C class fires for every room in which the dry cleaning or spotting operations are carried on.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13316 - Installation to Be Kept in Clean and Sanitary Condition.

333.13316 Installation to be kept in clean and sanitary condition.
Sec. 13316.
A person engaged in conducting a class IV installation shall keep the installation in a clean and sanitary condition free from the accumulation of dirt, waste, and fire hazards.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13321 - Enforcement; Suspension, Revocation, or Denial of License; Finding of Emergency; Emergency Order; Hearing; Continuing, Modifying, or Revoking Order.

333.13321 Enforcement; suspension, revocation, or denial of license; finding of emergency; emergency order; hearing; continuing, modifying, or revoking order.
Sec. 13321.
(1) The department shall enforce this part and the rules promulgated pursuant to this part.
(2) The department may suspend, revoke, or deny a class IV installation license.
(3) Upon a finding that an emergency exists requiring immediate action to protect occupational or public health and safety, the department may issue an order, without notice or hearing, reciting the existence of the emergency and providing for the protection of public health and safety. Notwithstanding this part or the administrative procedures act of 1969, the order shall be effective immediately. A person to whom the order is directed shall comply immediately but on application to the department shall be afforded a hearing within 15 days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked not later than 30 days after the hearing.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13322 - Rules; Appointment of Advisory Committee.

333.13322 Rules; appointment of advisory committee.
Sec. 13322.
The department shall promulgate rules necessary to carry out this part, and may appoint an advisory committee to assist in rule development. The rules shall include the following:
(a) Plans.
(b) Drawings.
(c) Specifications.
(d) Construction.
(e) Installation of equipment standards.
(f) Inspections.
(g) Other matters necessary to protect the health, safety, and welfare of the public.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1992, Act 53, Imd. Eff. May 20, 1992
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
Admin Rule:
R 325.17101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13325 - Violations; Penalties.

333.13325 Violations; penalties.
Sec. 13325.
(1) The owner or lessee of a class IV installation who uses a liquid other than that for which the owner or lessee is licensed is guilty of a misdemeanor, punishable by imprisonment for not less than 30 days nor more than 90 days, or a fine of not less than $10.00 nor more than $100.00, or both.
(2) The owner, occupant, or lessee of a class IV installation, or an agent thereof who fails to comply with this part or rules promulgated pursuant to this part within the time specified by the department, or who builds in violation of a detailed statement of specifications, plans, or license approved by the department, is guilty of a misdemeanor, punishable by imprisonment for not less than 30 days nor more than 90 days, or a fine of not less than $10.00 nor more than $100.00, or both for each violation or noncompliance.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan dry cleaning program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-134. - Part 134. Tanning Facilities (333.13401...333.13409) › Section 333.13401 - Definitions.

333.13401 Definitions.
Sec. 13401.
As used in this part:
(a) "Eye protection" or "protective eyewear" means protective eyewear that protects the eyes from ultraviolet radiation, allows adequate vision to maintain balance, and meets the requirements of 21 CFR 1040.20.
(b) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for tanning of the skin. Tanning device includes, but is not limited to, a sunlamp, tanning booth, or tanning bed and accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails.
(c) "Tanning facility" means a location that provides individuals with access to a tanning device. Tanning facility does not include a private residence with a tanning device if the tanning device is used only by an owner or occupant of the private residence.
History:
Add. 2008, Act 368, Imd. Eff. Dec. 23, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-134. - Part 134. Tanning Facilities (333.13401...333.13409) › Section 333.13405 - Acknowledgment That Customer Has Read Statement Required Under MCL 333.13403; Signing of Statement and Agreement to Use Protective Eyewear; Duties of Owner or Operator of Tanning Facility; Signing of Statement by Parent or Legal Guardian of Customer Under 18 Years of Age.

333.13405 Acknowledgment that customer has read statement required under MCL 333.13403; signing of statement and agreement to use protective eyewear; duties of owner or operator of tanning facility; signing of statement by parent or legal guardian of customer under 18 years of age.
Sec. 13405.
(1) Before allowing a customer to use a tanning device, the owner or operator of any tanning facility shall require the customer to sign a written statement acknowledging that the customer has read and understood the written statement required under section 13403(1) and agrees to use protective eyewear. The owner or operator of the tanning facility shall do all of the following:
(a) Require a customer to sign the statement at least once in a 1-year period.
(b) Retain the written statement for not less than 1 year.
(c) Make the written statement available for inspection upon request of a law enforcement officer.
(2) In the case of a customer under 18 years of age, the written statement described in subsection (1) shall also be signed by the customer's parent or legal guardian while the parent or legal guardian is physically present at the tanning facility and shall be signed in the presence of the owner or operator.
History:
Add. 2008, Act 368, Imd. Eff. Dec. 23, 2008.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-134. - Part 134. Tanning Facilities (333.13401...333.13409) › Section 333.13407 - Repealed. 2008, Act 368, Imd. Eff. Dec. 23, 2008.

333.13407 Repealed. 2008, Act 368, Imd. Eff. Dec. 23, 2008.
Compiler's Notes:
The repealed section pertained to use of tanning device by minor.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-134. - Part 134. Tanning Facilities (333.13401...333.13409) › Section 333.13407a - Action by Individual Suffering Injury.

333.13407a Action by individual suffering injury.
Sec. 13407a.
If an individual suffers an injury while using a tanning device at a tanning facility and if that tanning facility has failed to comply with the disclosure and consent requirements of this part, the individual may bring an action in a court of competent jurisdiction for actual damages plus an amount of not more than $1,000.00, as well as actual and reasonable attorney fees.
History:
Add. 2008, Act 368, Imd. Eff. Dec. 23, 2008.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-134. - Part 134. Tanning Facilities (333.13401...333.13409) › Section 333.13409 - Remedies.

333.13409 Remedies.
Sec. 13409.
The remedies under this part are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.
History:
Add. 2008, Act 368, Imd. Eff. Dec. 23, 2008.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13505 - License, Registration, or Exemption Required.

333.13505 License, registration, or exemption required.
Sec. 13505.
A person shall not manufacture, produce, transport, transfer, dispose of, acquire, own, possess, or use a radioactive material or other source of ionizing radiation unless licensed, registered, or exempted by the department in accordance with rules promulgated pursuant to this part or unless exempted by this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13506 - Applicability of MCL 333.13505 and 333.13515 to 333.13536.

333.13506 Applicability of MCL 333.13505 and 333.13515 to 333.13536.
Sec. 13506.
Sections 13505 and 13515 to 13536 do not apply to the following sources or conditions, except as noted:
(a) Electrical or other equipment or material not intended primarily to produce radiation which, by nature of design, does not produce radiation at the point of nearest approach at a weekly rate higher than 1/10 the appropriate limit generally accepted by the medical profession for any critical organ exposed. The production testing or production servicing of the equipment is not exempt.
(b) A radiation machine during process of manufacture or in storage or transit. The production testing or production servicing of the machine is not exempt.
(c) A radioactive material while being transported under the jurisdiction of and in conformity with regulations adopted by the nuclear regulatory commission or the United States department of transportation, or their successors, specifically applicable to the transportation of such radioactive material.
(d) Sound waves, radio waves, and visible, infrared, or ultraviolet light.
(e) A production or utilization facility, as defined in the federal atomic energy act of 1954, 42 U.S.C. 2011 to 2281, or a source of ionizing radiation used in or in connection with the operation of a production or utilization facility pursuant to a license from the federal nuclear regulatory commission or successor thereto. However, the department may collect radiation data and perform environmental monitoring in connection with the operation of the facility in accordance with this part.
(f) A source material, by-product material, or special nuclear material over which the federal nuclear regulatory commission or a successor thereto has exclusive regulatory jurisdiction under the federal atomic energy act of 1954, which jurisdiction has not been transferred to this state pursuant to an agreement under Act No. 54 of the Public Acts of 1965, being sections 3.801 and 3.802 of the Michigan Compiled Laws.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13511 - Agreements as to Inspections, Environmental Monitoring, or Other Functions.

333.13511 Agreements as to inspections, environmental monitoring, or other functions.
Sec. 13511.
(1) The governor may enter into agreements with the federal government, other states, or interstate agencies, whereby the department shall perform for or on a cooperative basis with the federal government, other states, or interstate agencies inspections, environmental monitoring, or other functions relating to control of sources of ionizing radiation.
(2) An agreement entered into pursuant to subsection (1) does not transfer, delegate, or impose upon the department any power, authority, or responsibility that is not fully consistent with this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13515 - Department as Radiation Control Agency; Duties Generally.

333.13515 Department as radiation control agency; duties generally.
Sec. 13515.
(1) The department is designated as the radiation control agency of this state and shall coordinate radiation control programs of state departments acting within their statutory authorities.
(2) Pursuant to rules promulgated under this part, the department shall require licensing and registration of radioactive materials and other sources of ionizing radiation.
(3) The department shall develop and conduct programs for evaluation and control of hazards associated with the use of radioactive materials and other sources of ionizing radiation.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13516 - Finding of Emergency; Emergency Order; Hearing; Continuing, Modifying, or Revoking Order.

333.13516 Finding of emergency; emergency order; hearing; continuing, modifying, or revoking order.
Sec. 13516.
When the department finds that an emergency exists requiring immediate action to protect occupational or public health and safety, the department shall issue an order, with or without notice or hearing, reciting the existence of the emergency and providing for the protection of public health and safety. Notwithstanding this act or the administrative procedures act of 1969, the order shall be effective immediately. A person to whom the order is directed shall comply therewith immediately but on request to the department shall be granted a hearing within 15 days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked within 30 days after the hearing.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13517 - Right of Entry to Determine Compliance or Violation; Warrant; Search and Seizure.

333.13517 Right of entry to determine compliance or violation; warrant; search and seizure.
Sec. 13517.
(1) The department may enter at all reasonable times upon private or public property upon which sources of ionizing radiation are reasonably believed to be located, with the permission of the owner or custodian thereof, to determine if there is compliance with or violation of this part or a rule or license.
(2) If the department has reasonable or probable cause to believe that a violation of this part or a rule or license is being committed on private or public property or that there exists on the property evidence of a violation, and permission to enter thereon is denied by the owner or custodian thereof, the department may apply to the proper judicial officer under Act No. 189 of the Public Acts of 1966, being sections 780.651 to 780.659 of the Michigan Compiled Laws, for a warrant commanding the sheriff or a law enforcement officer, with the aid of the department, to search the property and seize any source of ionizing radiation that is possessed, controlled, or used wholly or partially in violation of this part or a rule or license, or any evidence of a violation of this part or a rule or license.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13518 - Operation of Environmental Monitoring Systems; Collection and Coordination of Radiation Data.

333.13518 Operation of environmental monitoring systems; collection and coordination of radiation data.
Sec. 13518.
The department shall operate and collect data from environmental monitoring systems in the environs of facilities which emit or could emit significant quantities of radioactive material effluents to measure the effect on public health and safety. The department shall receive and coordinate radiation data collected by other state departments.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13521 - Rules Generally.

333.13521 Rules generally.
Sec. 13521.
(1) The department shall promulgate rules providing for general or specific licenses or registration, or exemption from licensing or registration, for radioactive materials and other sources of ionizing radiation. The rules must provide for amendment, suspension, or revocation of licenses. In connection with those rules, subject to section 13527, the department may promulgate rules to establish requirements for record keeping, permissible levels of exposure, notification and reports of accidents, protective measures, technical qualifications of personnel, handling, transportation, storage, waste disposal, posting and labeling of hazardous sources and areas, surveys, and monitoring.
(2) The rules must not limit the intentional exposure of patients to radiation for the purpose of lawful therapy or research conducted by licensed health professionals.
(3) The department shall promulgate rules specifying the minimum training and performance standards for an individual using a radiation machine for mammography as set forth in section 13523.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1989, Act 56, Imd. Eff. June 16, 1989 ;-- Am. 2018, Act 544, Eff. Mar. 28, 2019
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
Admin Rule:
R 325.5001 et seq., R 325.5801 et seq., and R 325.5901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13524 - Mammogram Demonstrating Dense Breast Tissue; Notification to Patient; Information to Be Provided in Report; "Dense Breast Tissue" Defined.

333.13524 Mammogram demonstrating dense breast tissue; notification to patient; information to be provided in report; "dense breast tissue" defined.
Sec. 13524.
(1) If a patient's mammogram demonstrates dense breast tissue, a person who provides mammography services in this state shall provide notification to the patient that includes, but is not limited to, the following information, in the summary of the written report of the results of a mammography examination that is sent directly to a patient pursuant to 42 USC 263b:
"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it harder to find cancer through a mammogram. Also, dense breast tissue may increase your risk for breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to discuss with your health care provider whether other supplemental tests in addition to your mammogram may be appropriate for you, based on your individual risk. A report of your results was sent to your ordering physician. If you are self-referred, a report of your results was sent to you in addition to this summary.".
(2) As used in this section, "dense breast tissue" means heterogeneously or extremely dense breast tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening including, but not limited to, the breast imaging reporting and data system established by the American college of radiology. If, after the effective date of this section, new terms are defined in revised guidelines or systems for breast imaging reporting of mammography screening, and the department determines that those new terms are more appropriate for the purposes of the information required to be provided under this section, the department, by order, may update the definition of dense breast tissue under this subsection to use those new terms. Upon issuance, the department shall forward an order issued under this subsection to the legislature.
History:
Add. 2014, Act 517, Eff. June 1, 2015
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13525 - Licensing, Regulation, or Registration by Municipalities Prohibited.

333.13525 Licensing, regulation, or registration by municipalities prohibited.
Sec. 13525.
A municipality or a department, agency, or official of a municipality may not license, regulate, or require the registration of a radioactive material or other source of ionizing radiation.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13531 - Radiation Advisory Board; Appointment, Qualifications, and Terms of Members; Expenses; Duty to Furnish Technical Advice.

333.13531 Radiation advisory board; appointment, qualifications, and terms of members; expenses; duty to furnish technical advice.
Sec. 13531.
The governor shall appoint, with the advice and consent of the senate, a radiation advisory board of 9 members, 3 of whom shall represent industry, 3 the healing arts, and 3 the public and private institutions of higher learning. Members of the board shall serve at the pleasure of the governor. The members shall be reimbursed for necessary and actual expenses incurred in attendance at meetings or for authorized business of the board pursuant to section 1216. The board shall furnish to the department technical advice the board deems desirable or the department may reasonably request on matters relating to the radiation control program.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the radiation advisory board to the director of the Michigan state department of public health, see E.R.O. No. 1994-1, compiled at MCL 333.26322 of the Michigan Compiled Laws.For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13535 - Violations; Penalties.

333.13535 Violations; penalties.
Sec. 13535.
A person who violates this part or a rule promulgated under this part or who fails to obtain or comply with conditions of licensure or registration under this part is guilty of a misdemeanor, punishable by imprisonment for not more than 180 days, or a fine of not more than $10,000.00, or both. A court may fine a person not more than $2,000.00 for each violation of this part. Each day a violation continues shall be a separate violation.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13536 - Injunction; Order Directing Compliance.

333.13536 Injunction; order directing compliance.
Sec. 13536.
If, after thorough investigation by the department, it is the judgment of the department that a person has engaged in or is about to engage in an act or practice which constitutes a violation of this part or a rule or order, the attorney general, at the request of the department, shall make application to the appropriate circuit court for an order enjoining the act or practice or for an order directing compliance with this part or a rule or order issued pursuant to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-135 - Part 135 Radiation Control (333.13501...333.13537) › Section 333.13537 - Part Subject to MCL 324.1401 to 324.1429.

333.13537 Part subject to MCL 324.1401 to 324.1429.
Sec. 13537.
This part is subject to part 14 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1401 to 324.1429.
History:
Add. 2012, Act 556, Imd. Eff. Jan. 2, 2013
Compiler's Notes:
For transfer of powers and duties of Michigan indoor radon program from department of health and human services to department of environmental quality, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-136 - Part 136 Radioactive Waste Control Committee (333.13601...333.13607) › Section 333.13601-333.13606 - Repealed. 1985, Act 190, Eff. Dec. 31, 1993.

333.13601-333.13606 Repealed. 1985, Act 190, Eff. Dec. 31, 1993.
Compiler's Notes:
The repealed sections pertained to the radioactive waste control committee.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-136 - Part 136 Radioactive Waste Control Committee (333.13601...333.13607) › Section 333.13607 - Repeal of MCL 333.13601 to 333.13606.

333.13607 Repeal of MCL 333.13601 to 333.13606.
Sec. 13607.
Sections 13601 to 13606 of Act No. 368 of the Public Acts of 1978, being sections 333.13601 to 333.13606 of the Michigan Compiled Laws, are repealed effective December 31, 1993.
History:
Add. 1985, Act 190, Imd. Eff. Dec. 20, 1985
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13701 - Meanings of Words and Phrases.

333.13701 Meanings of words and phrases.
Sec. 13701.
As used in this part, the words and phrases defined in sections 13702 to 13704 have the meanings ascribed to them in those sections.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13705 - Regulatory Responsibility.

333.13705 Regulatory responsibility.
Sec. 13705.
Subject to any limitations in this part, the department shall have the regulatory responsibility that is held by this state in all matters related to the generating, storage, processing, handling, transporting, possession, or disposal of waste.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13706 - Implementation and Enforcement of Part; Coordination of Regulatory Activities; Consultation, Cooperation, and Assistance.

333.13706 Implementation and enforcement of part; coordination of regulatory activities; consultation, cooperation, and assistance.
Sec. 13706.
(1) The department shall implement and enforce this part, and shall coordinate all regulatory activities of state agencies and departments acting within the scope of their responsibilities related to waste.
(2) The departments of agriculture, management and budget, commerce, natural resources, state police, the state transportation department, and other state departments and agencies shall consult and cooperate with the department and shall assist the department in the implementation of this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368