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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12527 - Public Swimming Pool; License Required; Fee; Display; Expiration; Renewal; Replacement.

333.12527 Public swimming pool; license required; fee; display; expiration; renewal; replacement.
Sec. 12527.
(1) A public swimming pool shall not be operated without a license.
(2) A person engaged in the operation of a public swimming pool shall obtain a license to operate the swimming pool from the department, its agent or representative, or a representative of a designated local health department and shall pay an initial or renewal fee as specified in section 12527a.
(3) A license shall be displayed by the owner in a conspicuous place on the premises.
(4) A license shall expire December 31 of every third year if the annual renewal fee is paid or as stipulated on the license, whichever is sooner.
(5) A license shall be renewed upon receipt of a proper application, an annual renewal fee as specified in section 12527a, and evidence that the public swimming pool is being operated and maintained in accordance with sections 12521 to 12534 and the applicable rules and regulations.
(6) A license shall not be transferred to another person but it may be replaced by another license upon receipt of a proper application and the fee specified in section 12527a.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 522, Imd. Eff. Jan. 26, 1981 ;-- Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12527a - Fees.

333.12527a Fees.
Sec. 12527a.
(1) The fees related to swimming pool regulation under this part are as follows:
(a)
Construction permit fee for a swimming pool with a surface area as follows:
(i)
500 square feet or less......................
$
550.00
(ii)
501 to 1,500 square feet.....................
$
700.00
(iii)
1,501 to 2,400 square feet..................
$
800.00
(iv)
2,401 to 4,000 square feet...................
$
1,300.00
(v)
More than 4,000 square feet..................
$
1,800.00
(b)
Construction permit fee for modification of an existing swimming pool.......................
$
275.00
(c)
Initial license fee for a swimming pool with a surface area as follows:
(i)
500 square feet or less......................
$
550.00
(ii)
501 to 1,000 square feet.....................
$
600.00
(iii)
1,001 to 1,500 square feet...................
$
625.00
(iv)
1,501 to 2,000 square feet...................
$
650.00
(v)
2,001 to 2,500 square feet...................
$
700.00
(vi)
2,501 to 3,500 square feet...................
$
800.00
(vii)
3,501 to 4,500 square feet...................
$
900.00
(viii)
More than 4,500 square feet..................
$
1,000.00
(d)
Initial license fee for a modified swimming pool.........................................
$
275.00
(e)
Annual renewal license fee, to December 31...
$
55.00
(f)
Late annual renewal license fee, after December 31 through April 30.................
$
100.00
(g)
Lapsed annual renewal license fee, after April 30...........................................
$
150.00
(h)
Replacement license fee for transfer to another person...............................
$
50.00
(2) The department may adjust the amounts prescribed in subsection (1) every 3 years by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index and rounded to the nearest dollar.
(3) A person that has a valid, current permit to operate a public swimming pool on the effective date of the amendatory act that added this subsection is not required to pay an initial license fee as specified in this section.
History:
Add. 1980, Act 522, Imd. Eff. Jan. 26, 1981 ;-- Am. 1985, Act 19, Eff. Mar. 31, 1986 ;-- Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12527b - Public Swimming Pool Fund; Creation; Remaining Balance; Expenditures; Use; Annual Report.

333.12527b Public swimming pool fund; creation; remaining balance; expenditures; use; annual report.
Sec. 12527b.
(1) The public swimming pool fund is created in the state treasury and shall be administered by the department. The state treasurer shall credit to the public swimming pool fund all fees collected by the department under section 12527a and all money, gifts, and devises received by the fund as otherwise provided by law.
(2) The unencumbered balance remaining in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund.
(3) The money in the public swimming pool fund shall be expended only as provided in this section. The department shall use the fund to implement this part and to carry out its powers and duties under sections 12521 to 12534. The department shall not use the money in the public swimming pool fund for inspections of any mobile home parks licensed under the mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349.
(4) The department shall annually prepare a report containing an accounting of revenues and expenditures from the public swimming pool fund. This report shall include details of the departmental costs and activities of the previous year in administering this public swimming pool program. This report shall be provided to the senate and house of representatives appropriations committees, the standing committees of the senate and house of representatives with jurisdiction over issues pertaining to natural resources and the environment, and the senate and house of representatives fiscal agencies.
History:
Add. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12528 - Denial of License; Grounds; Notice; Failure to Correct Deficiencies or Noncomplying Items.

333.12528 Denial of license; grounds; notice; failure to correct deficiencies or noncomplying items.
Sec. 12528.
If upon investigation, the department, its agent or representative, or a representative of a designated local health department finds that a public swimming pool was not constructed or modified in accordance with the approved plans and specifications, the department, its agent or representative, or a representative of a designated local health department shall give written notice to the applicant that the license will not be issued, citing the deficiencies or noncomplying items that constitute the reasons for not issuing the license and a date by which the licensee shall comply. An applicant who fails to correct the deficiencies or noncomplying items within the time specified shall be denied a license.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12529 - Revocation of License; Grounds; Reissuance.

333.12529 Revocation of license; grounds; reissuance.
Sec. 12529.
The department may, in accordance with the administrative procedures act of 1969, revoke the license upon a finding that the pool is not being operated or maintained in accordance with sections 12521 to 12534 or the rules. A person aggrieved by a decision of the department or its authorized representative to revoke the license may appeal to a court of competent jurisdiction as provided by the administrative procedures act of 1969. A license that has been revoked shall be reissued only when the department determines the deficiencies are corrected.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12530 - Periodic Reports Covering Operation of Public Swimming Pools.

333.12530 Periodic reports covering operation of public swimming pools.
Sec. 12530.
The department shall provide for a system of periodic reports covering the operation of the public swimming pool so that the department may readily determine compliance with sections 12521 to 12534 and the rules.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12531 - Ordering Owner or Operator to Prohibit Use of Swimming Pool.

333.12531 Ordering owner or operator to prohibit use of swimming pool.
Sec. 12531.
If the department, its agent or representative, or a representative of a designated local health department considers that conditions warrant prompt closing of a swimming pool until sections 12521 to 12534 and the rules are complied with for the protection of the public health and safety, the department or designated local health department may order the owner or operator of the swimming pool to prohibit an individual from using it until corrections are made to protect adequately the public health and safety.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12531a - Use of Life Jacket in Public Swimming Pool.

333.12531a Use of life jacket in public swimming pool.
Sec. 12531a.
A person shall not prohibit the use of a coast guard approved life jacket in a public swimming pool by an individual who has in his or her possession a statement signed by a licensed physician stating that the individual has a physical disability or condition that necessitates the use of a life jacket. An individual assumes the risk of any injury to himself or herself caused by the use of a life jacket as provided in this section which is not otherwise caused by the pool operator's negligence.
History:
Add. 1989, Act 153, Imd. Eff. July 19, 1989
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12532 - Payments to Local Health Departments; Additional Fees.

333.12532 Payments to local health departments; additional fees.
Sec. 12532.
(1) The department may approve payments for each public swimming pool granted an initial license and each renewal license to a designated local health department when the fees are collected by the state from the designated local health department's respective area, as follows:
(a) Initial license fee for a swimming pool..........
$
100.00
(b) Annual renewal license fee.......................
$
30.00
(c) Late annual renewal license fee..................
$
45.00
(d) Lapsed annual renewal license fee................
$
70.00
(2) The state treasurer shall make the payments upon receipt of approval from the department.
(3) A designated local health department may collect additional fees as provided under section 2444 from the owner of a swimming pool for services provided under sections 12521 to 12534.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 522, Imd. Eff. Jan. 26, 1981 ;-- Am. 1985, Act 19, Eff. Mar. 31, 1986 ;-- Am. 2004, Act 408, Imd. Eff. Nov. 29, 2004
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12533 - Violation as Misdemeanor; Each Day of Violation as Separate Violation; Prosecution.

333.12533 Violation as misdemeanor; each day of violation as separate violation; prosecution.
Sec. 12533.
A person who violates sections 12521 to 12531a or a rule promulgated under those sections is guilty of a misdemeanor. Each day upon which a violation occurs is a separate violation. The attorney general or local prosecuting attorney shall be responsible for prosecuting a person who violates sections 12521 to 12531a.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1989, Act 153, Imd. Eff. July 19, 1989
Popular Name:
Act 368
Admin Rule:
R 325.2111 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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12534 - Action for Injunction or Other Process.

333.12534 Action for injunction or other process.
Sec. 12534.
Notwithstanding the existence and pursuit of any other remedy, the department, its agent or representative, or a representative of a designated local health department may maintain an action in the name of the state for injunction or other process against a person to restrain or prevent the construction or modification of a public swimming pool without a construction permit, or the operation of a public swimming pool without an operation permit, or in a manner contrary to law.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12541 - Testing and Evaluating Quality of Water at Bathing Beaches; Purpose; Posting Sign; Injunction; Definitions.

333.12541 Testing and evaluating quality of water at bathing beaches; purpose; posting sign; injunction; definitions.
Sec. 12541.
(1) The local health officer or an authorized representative of the local health department having jurisdiction may test and otherwise evaluate the quality of water at bathing beaches to determine whether the water is safe for bathing purposes. However, the local health officer or authorized representative shall notify the city, village, or township in which the bathing beach is located prior to conducting the test or evaluation.
(2) If a local health officer or an authorized representative of a local health department conducts a test or evaluation of a bathing beach under subsection (1), within 36 hours of conducting the test or evaluation, he or she shall notify the department, the city, village, or township in which the bathing beach is located, and the owner of the bathing beach of the results of the test or evaluation.
(3) The owner of the bathing beach shall post at the main entrance to the bathing beach or other visible location a sign that states whether or not the bathing beach has been tested or evaluated under subsection (1) and, if the bathing beach has been tested, the location of where test results may be reviewed. Open stretches of beach or beaches at road ends that are not advertised or posted as public bathing beaches do not need to have signs posted.
(4) If a local health officer or authorized representative of the local health department conducts a test or evaluation under subsection (1) and, based upon the standards promulgated under section 12544, the health officer or the authorized representative determines that the water is unsafe for bathing, he or she may petition the circuit court of the county in which the bathing beach is located for an injunction ordering the person owning or operating the bathing beach to close the bathing beach for use by bathers or ordering other measures to keep persons from entering on the bathing beach. Upon receipt of a petition under this subsection, the court may grant an injunction if circumstances warrant it.
(5) As used in this section:
(a) "Bathing beach" means a beach or bathing area offered to the public for recreational bathing or swimming. It does not include a public swimming pool as defined in section 12521.
(b) "Department" means the department of environmental quality.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 507, Eff. Mar. 31, 2003
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12542 - Public Bathing Beach; Safety and Rescue Equipment; Communication With Outside Sources of Assistance.

333.12542 Public bathing beach; safety and rescue equipment; communication with outside sources of assistance.
Sec. 12542.
The owner or person in charge of a public bathing beach shall provide and maintain suitable and adequate safety and rescue equipment and suitable and adequate means of communication with outside sources of assistance, which shall be available and accessible at the public bathing beach when it is open to bathers.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12543 - Consulting and Cooperating With Local Health Officers; Training for Employees; Assistance.

333.12543 Consulting and cooperating with local health officers; training for employees; assistance.
Sec. 12543.
The department or an authorized representative of the department shall consult and cooperate with local health officers and shall provide training for employees thereof and otherwise assist in the effective administration of sections 12541 to 12545.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12544 - Rules; Contents; Use.

333.12544 Rules; contents; use.
Sec. 12544.
The department, in cooperation with local health departments, shall promulgate rules which shall contain minimum sanitation standards for determining water quality at bathing beaches open to the public. The rules shall be used by a local health department to establish the safety of the water for swimming. Water quality standards adopted under this section shall be in conformity with the official state water quality standards adopted by the department of environmental quality under the authority of part 31 (water resources protection) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.3101 to 324.3119 of the Michigan Compiled Laws.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12545 - Violation as Misdemeanor.

333.12545 Violation as misdemeanor.
Sec. 12545.
A person who violates sections 12541 to 12543 is guilty of a misdemeanor.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12546 - Local Regulations.

333.12546 Local regulations.
Sec. 12546.
Sections 12541 to 12544 shall not change the authority of local health departments or county boards of commissioners to enact local regulations governing public bathing beaches.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-125 - Part 125 Campgrounds, Swimming Areas, and Swimmers' Itch (333.12501...333.12563) › Section 333.12561-333.12563 - Repealed. 2004, Act 246, Eff. Oct. 1, 2004.

333.12561-333.12563 Repealed. 2004, Act 246, Eff. Oct. 1, 2004.
Compiler's Notes:
The repealed sections pertained to permits to chemically treat nuisance-producing organisms in waters of this state.
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12603 - Smoking in Public Place or at Meeting of Public Body Prohibited; Duties of Owner, Operator, Manager, or Person Having Control of Public Place, Food Establishment, or Casino; Good Faith Effort to Prohibit Smoking; Affirmative Defense; Affidavit; Section Referred to as "Dr. Ron Davis law."

333.12603 Smoking in public place or at meeting of public body prohibited; duties of owner, operator, manager, or person having control of public place, food establishment, or casino; good faith effort to prohibit smoking; affirmative defense; affidavit; section referred to as "Dr. Ron Davis Law."
Sec. 12603.
(1) An individual shall not smoke in a public place or at a meeting of a public body, and a state or local governmental agency or the person who owns, operates, manages, or is in control of a public place shall make a reasonable effort to prohibit individuals from smoking in a public place.
(2) The owner, operator, manager, or person having control of a public place, a food service establishment, or a casino subject to section 12606b shall do all of the following:
(a) Clearly and conspicuously post "no smoking" signs or the international "no smoking" symbol at the entrances to and in every building or other area where smoking is prohibited under this act.
(b) Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited under this act.
(c) Inform individuals smoking in violation of this act that they are in violation of state law and subject to penalties.
(d) If applicable, refuse to serve an individual smoking in violation of this act.
(e) Ask an individual smoking in violation of this act to refrain from smoking and, if the individual continues to smoke in violation of this act, ask him or her to leave the public place, food service establishment, or nonsmoking area of the casino.
(3) The owner, operator, manager, or person in control of a hotel, motel, or other lodging facility shall comply with subsection (2) and section 12606. It is an affirmative defense to a prosecution or civil or administrative action for a violation of this section that the owner, operator, manager, or person in control of a hotel, motel, or other lodging facility where smoking is prohibited under this section made a good faith effort to prohibit smoking by complying with subsection (2). To assert the affirmative defense under this subsection, the owner, operator, manager, or person shall file a sworn affidavit setting forth his or her efforts to prohibit smoking and his or her actions of compliance with subsection (2).
(4) This section may be referred to as the "Dr. Ron Davis Law".
History:
Add. 1986, Act 198, Eff. Jan. 1, 1987 ;-- Am. 1988, Act 296, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 217, Eff. Apr. 1, 1994 ;-- Am. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12604 - Smoking in a Child Caring Institution or Child Care Center or on the Real Property Under Control of Institution or Center; Violation; Penalties.

333.12604 Smoking in a child caring institution or child care center or on the real property under control of institution or center; violation; penalties.
Sec. 12604.
(1) An individual shall not smoke in a child caring institution or child care center or on real property that is under the control of a child caring institution or a child care center and upon which the child caring institution or child care center is located, including other related buildings.
(2) An individual who violates this section is subject to all the penalties described in section 15 of Act No. 116 of the Public Acts of 1973, being section 722.125 of the Michigan Compiled Laws, except imprisonment.
History:
Add. 1988, Act 294, Eff. Oct. 1, 1988 ;-- Am. 1991, Act 178, Eff. June 21, 1992 ;-- Am. 1993, Act 217, Eff. Apr. 1, 1994
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12604a, 333.12605 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.12604a, 333.12605 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed sections pertained to prohibitions against smoking in private practice of health facility and designation of smoking areas.
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12606 - Retaliatory or Adverse Personnel Action Against Employee or Applicant Prohibited.

333.12606 Retaliatory or adverse personnel action against employee or applicant prohibited.
Sec. 12606.
An employer or a food service establishment shall not take any retaliatory or adverse personnel action against an employee or applicant for employment on the basis of the individual's exercise of or attempt to exercise his or her rights under this part with respect to place of employment or part 129 with respect to food service establishments.
History:
Add. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12606b - Casino in Existence on Effective Date of Section; "Gaming Area" Defined.

333.12606b Casino in existence on effective date of section; "gaming area" defined.
Sec. 12606b.
(1) A casino that is in existence on the effective date of this section may allow smoking in the gaming area of the casino. Section 12603 applies to a casino that is not in existence on the effective date of this section and to all areas of a casino not part of the gaming area. A food service establishment in or part of a casino is subject to section 12905. However, any part of the gaming area where food and beverage is taken by patrons for immediate consumption is not considered a food service establishment under this part or part 129.
(2) A casino that is in existence on the effective date of this section shall comply with section 12603(2) for all areas of the casino not part of the gaming area. Section 12606 does not apply with respect to employees working in the gaming area of a casino where smoking is allowed under this section. However, section 12606 does apply with respect to employees working in areas other than the gaming area of a casino.
(3) As used in this section, "gaming area" means that term as defined in R 432.1103 of the Michigan administrative code.
History:
Add. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12607 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.12607 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed section pertained to duties of state or local governments to prevent smoking.
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12609 - Rules.

333.12609 Rules.
Sec. 12609.
The department may promulgate rules to implement this part.
History:
Add. 1986, Act 198, Eff. Jan. 1, 1987
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12610 - Rules Prohibited.

333.12610 Rules prohibited.
Sec. 12610.
Notwithstanding section 12609 or any other provision of this act to the contrary, the department shall not promulgate rules to implement or administer the provisions of this part that were added by the amendatory act that added this section.
History:
Add. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12611 - Violation; Compliance; Civil Fine; Perjury.

333.12611 Violation; compliance; civil fine; perjury.
Sec. 12611.
A person or state or local governmental agency that violates this part or part 129 shall be directed to comply with this part and is subject to a civil fine of not more than $100.00 for a first violation and not more than $500.00 for a second or subsequent violation. A person who makes a false statement in an affidavit under this part is guilty of perjury under section 423 of the Michigan penal code, 1931 PA 328, MCL 750.423.
History:
Add. 1986, Act 198, Eff. Jan. 1, 1987 ;-- Am. 1988, Act 294, Eff. Oct. 1, 1988 ;-- Am. 1988, Act 296, Eff. Mar. 30, 1989 ;-- Am. 1988, Act 315, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 217, Eff. Apr. 1, 1994 ;-- Am. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12613 - Enforcement; Civil Fine; Injunctive Relief; Remedies Independent and Cumulative.

333.12613 Enforcement; civil fine; injunctive relief; remedies independent and cumulative.
Sec. 12613.
(1) Subject to subsection (2), the department shall enforce this part and part 129 and any rules promulgated under this part pursuant to sections 2262(2) and 2263. In addition to the civil fine authorized under section 12611, the department may enforce this part and any rules promulgated under this part through an action commenced pursuant to section 2255 or any other appropriate action authorized by law.
(2) Pursuant to section 2235, the department may authorize a local health department to enforce this part and part 129 and any rules promulgated under this part. A local health department authorized to enforce this part and part 129 and any rules promulgated under this part shall enforce this part and part 129 and any rules promulgated under this part pursuant to sections 2461(2) and 2462. In addition to the civil fine authorized under section 12611, a local health department may enforce this part and part 129 and any rules promulgated under this part through an action commenced pursuant to section 2465 or any other appropriate action authorized by law.
(3) In addition to any other enforcement action authorized by law, a person alleging a violation of this part may bring a civil action for appropriate injunctive relief, if the person has used the public place, child caring institution, or child care center within 60 days before the civil action is filed.
(4) The remedies under this part are independent and cumulative. The use of 1 remedy by a person shall not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.
History:
Add. 1986, Act 198, Eff. Jan. 1, 1987 ;-- Am. 1988, Act 294, Eff. Oct. 1, 1988 ;-- Am. 1988, Act 296, Eff. Mar. 30, 1989 ;-- Am. 1988, Act 315, Eff. Mar. 30, 1989 ;-- Am. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12614 - Reports.

333.12614 Reports.
Sec. 12614.
(1) The director shall report biennially to the legislature on the effect and enforcement of this part and part 129. The report shall include, at a minimum, compliance with sections 12603 and 12905.
(2) Upon request of the department, the director of the department of management and budget annually shall report to the department, at a minimum, a list of each public place owned or operated by the state and its compliance with section 12603.
History:
Add. 1988, Act 296, Eff. Mar. 30, 1989 ;-- Am. 2009, Act 188, Eff. May 1, 2010
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12615 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.12615 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed section pertained to smoking of tobacco in nursing home or food service establishment.
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12616 - Short Title.

333.12616 Short title.
Sec. 12616.
This part shall be known and may be cited as the "Michigan clean indoor air act".
History:
Add. 1988, Act 296, Eff. Mar. 30, 1989
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) › 368-1978-12-126 - Part 126 Smoking in Public Places (333.12601...333.12617) › Section 333.12617 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.12617 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed section pertained to effective date of part.
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12701 - Definitions Used in MCL 333.12701 to 333.12715.

333.12701 Definitions used in MCL 333.12701 to 333.12715.
Sec. 12701.
(1) As used in sections 12701 to 12715:
(a) "Person" means a person as defined in section 1106 or a governmental entity.
(b) "Pump" means a mechanical equipment or device used to remove water from a well.
(c) "Pump installer" means a person who is qualified to engage in the installation, removal, alteration, or repair of water well pumping equipment in connection with a water well.
(d) "Well" means an opening in the surface of the earth for the purpose of removing fresh water or a test well, recharge well, waste disposal well, or a well used temporarily for dewatering purposes during construction.
(e) "Well drilling contractor" means a person qualified to engage in well construction, well alteration, or well repair and pump installation, who supervises the construction of water wells and the installation of pumps, and who owns, rents, or leases equipment used in the construction of water wells.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the division of environmental health and the division of water supply from the director of the department of public health to the director of the department of environmental quality, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12703 - Applicability of MCL 333.12701 to 333.12715.

333.12703 Applicability of MCL 333.12701 to 333.12715.
Sec. 12703.
(1) Sections 12701 to 12715 shall not apply to:
(a) A well, pump, or other equipment used temporarily for dewatering purposes during construction when the well is not more than 2 inches in diameter and not more than 25 feet in total depth below the natural ground surface or is used in the relief of artesian pressure at hydroelectric projects or is used with the drilling of oil or gas wells.
(b) A brine, test, storage, or disposal well regulated pursuant to part 625 (mineral wells) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.62501 to 324.62518 of the Michigan Compiled Laws.
(2) Sections 12701 to 12715 shall not prevent a person from constructing a well or installing a pump on property owned or leased by the person which is intended for use only in a single family house which is that person's permanent residence, or intended for use only for farming purposes on that person's farm, and where the waters to be produced are not intended for use by the public or in any residence other than his or her own. The person shall submit the drilling record required by section 12707 and comply with the rules and construction code promulgated under section 12714.
(3) Sections 12701 to 12715 shall not restrict a master plumber licensed under Act No. 266 of the Public Acts of 1929, being sections 338.901 to 338.917 of the Michigan Compiled Laws, from engaging in the licensee's legally recognized trade. A licensed master plumber may perform the work of a pump installer prescribed in sections 12701 to 12715 or rules and construction code promulgated under section 12714 without a certificate of registration as a pump installer.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12704 - Certificate of Registration as Well Drilling Contractor, Pump Installer, Water Well Drilling Contractor, or Dewatering Well Pump Installer; Application; Fees; Exemption.

333.12704 Certificate of registration as well drilling contractor, pump installer, water well drilling contractor, or dewatering well pump installer; application; fees; exemption.
Sec. 12704.
(1) Before engaging in the business of well drilling or pump installing, a person shall obtain a certificate of registration annually as a well drilling contractor or pump installer, using an application prepared by the department.
(2) Before engaging in the business of constructing dewatering wells or installing dewatering well pumps, a person shall obtain a certificate of registration annually as a water well drilling contractor limited to the construction of dewatering wells or as a dewatering well pump installer, using an application prepared by the department.
(3) The applicant shall pay a registration fee with the application. The initial registration fee and the annual renewal registration fee for a well drilling contractor is $40.00 and for a pump installer is $25.00. A well drilling contractor shall pay an additional annual fee of $10.00 for each additional drilling machine. A registered well drilling contractor may do any of the work of a pump installer without payment of the fee for a pump installer.
(4) A county, city, village, township, or other governmental unit engaged in well drilling or pump installing shall be registered under sections 12701 to 12715, but shall be exempt from paying the registration fees if the drilling or installing is done by regular employees of, and with equipment owned by, the governmental unit and the work is on wells or pumps intended for use by the governmental unit.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12705 - Certificate of Registration; Issuance; Nontransferable; Expiration; Renewal; Examination; Eligibility; Reciprocity.

333.12705 Certificate of registration; issuance; nontransferable; expiration; renewal; examination; eligibility; reciprocity.
Sec. 12705.
(1) The department shall issue certificates of registration to well drilling contractors and pump installers who meet the requirements of sections 12701 to 12715.
(2) A certificate of registration is not transferable and expires on April 30 of each year. After July 1 of each year a certificate of registration may be renewed only upon application for renewal and payment of a fee of 50% of the basic registration fee in addition to the regular registration fee.
(3) A new applicant for a certificate of registration shall be examined in accordance with the rules and construction code promulgated under section 12714. The advisory board created by section 12711 shall determine and advise the department as to the eligibility of a well drilling contractor or pump installer for registration. A well drilling contractor or pump installer which is a firm, partnership, or corporation shall designate at least 1 partner, officer, or responsible full-time employee to take the examination on its behalf.
(4) The department, upon application and payment of the prescribed fees, may issue a certificate of registration as a well drilling contractor or a pump installer to a person who holds a similar certificate of registration in another state or a foreign country, if the requirements for the registration of a well drilling contractor and pump installer under which the certificate of registration was issued do not conflict with this part, are of a standard not lower than that specified by the rules and construction code promulgated under section 12714, and if equal reciprocal privileges are granted to a registrant of this state.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12706 - Numbers, Seal, and Words to Be Placed on Well Drilling Machine.

333.12706 Numbers, seal, and words to be placed on well drilling machine.
Sec. 12706.
A well drilling contractor shall place the registration number, including the county code number for the business location, in figures not less than 2 inches high in a conspicuous location on both sides of the contractor's well drilling machine. A seal furnished by the department designating the year the certificate of registration was issued or renewed and the words "Michigan registered water well drilling contractor" shall be affixed directly adjacent to the registration number.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12707 - Record Required; Contents; Copies; Forms; Sufficiency of Record for Drive Point Well.

333.12707 Record required; contents; copies; forms; sufficiency of record for drive point well.
Sec. 12707.
Not later than 60 days after the completion of a well, a well drilling contractor shall provide the owner with a copy and the department, or local health department, with 2 copies of a record indicating the well owner's name, location of the well, well depth, geologic materials and thicknesses of materials penetrated, amount of casing, static water levels, and any other information which may be required by the rules and construction code promulgated under section 12714. The department or local health department shall send 1 copy of the record to the director of the department of natural resources not later than 30 days after its receipt from the well drilling contractor. Standard forms for the record shall be provided by the department or the contractor's forms may be used if approved by the department. A record for a drive point well where no earth materials are removed from the well bore is sufficient if the owner's name, well location, depth, casing, static water level, and screen data are stated.
History:
1978, Act 368, Eff. Sept. 30, 1978
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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12708 - Entering and Inspecting Installation.

333.12708 Entering and inspecting installation.
Sec. 12708.
The department or local health department may enter and inspect, at reasonable hours, an installation on public or private property for the development or abandonment of ground water supplies.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368