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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12709 - Inspection of Violation; Order; Notice of Suspension of Certificate of Registration; Petition for Hearing; Revocation of Certificate of Registration.

333.12709 Inspection of violation; order; notice of suspension of certificate of registration; petition for hearing; revocation of certificate of registration.
Sec. 12709.
(1) When the department or local health department determines that there are reasonable grounds to believe there has been a violation of sections 12701 to 12715 or a rule or the construction code promulgated under section 12714, the department or the local health department shall investigate the violation. If the department or local health department establishes that a violation has been committed, the department or the local health department shall order the responsible person to make the proper corrections.
(2) When the department finds that the holder of a certificate of registration has engaged in a practice in violation of sections 12701 to 12715 or a rule, construction code, or order issued pursuant to those sections, the department may give written notice to the holder of the certificate of registration that the certificate of registration is suspended. A person who receives notice from the department that his or her certificate of registration is suspended, upon request, shall be granted a hearing before the department or an authorized representative of the department. If a petition for a hearing is not filed within 30 days after the day on which the certificate of registration was suspended, the certificate of registration is automatically revoked.
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 333.12711 - Advisory Board; Creation; Appointment and Qualifications of Members.

333.12711 Advisory board; creation; appointment and qualifications of members.
Sec. 12711.
An advisory board of 9 members is created in the department composed of the following: 5 members who are residents of this state registered under sections 12701 to 12715, at least 4 of whom are well drilling contractors, and who shall be appointed by the governor with the advice and consent of the senate; an employee of the bureau of environmental and occupational health of the department, and a representative of a local health department, each to be appointed by the director; an employee of the geological survey section of the department of natural resources appointed by the director of the department of natural resources; and an employee of the water resources commission appointed by the executive secretary of the water resources commission. Of 4 well drilling contractors 1 shall be from each of 4 geographic regions:
(a) Region 1: The Upper Peninsula.
(b) Region 2: That part of the Lower Peninsula bordered on the south by Oceana, Newaygo, Mecosta, Isabella, Midland, and Bay counties and the area north of those counties.
(c) Region 3: The area bordered on the north and west by Huron, Tuscola, Saginaw, Shiawassee, Livingston, Washtenaw, and Lenawee counties and the area south and east of those counties.
(d) Region 4: The area bordered on the east and north by Hillsdale, Jackson, Ingham, Clinton, Gratiot, Montcalm, Kent, and Muskegon counties and the area south and west of those counties.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the water well drillers advisory committee 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.
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 333.12712 - Advisory Board; Terms of Members; Vacancies.

333.12712 Advisory board; terms of members; vacancies.
Sec. 12712.
Each member of the advisory board shall be appointed for a 3-year term. The terms of the 5 members registered under sections 12701 to 12715 shall alternate so that not more than 2 are appointed each year, except that of the first appointees, 1 shall be appointed for 1 year and 2 each shall be appointed for 2 and 3 years. The terms of the members representing the department of natural resources, the water resources commission, and the local health department shall alternate so that only 1 is appointed each year, except that of the first appointees 1 member shall be appointed for 1 year, 1 for 2 years, and 1 for 3 years. Vacancies shall be filled by appointment for the balance of the unexpired terms by the respective officials designated in section 12711.
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 333.12713 - Advisory Board; Election of Chairperson; Secretary; Number of Meetings; Quorum; Conducting Business at Public Meeting; Notice of Meeting; Compensation and Expenses.

333.12713 Advisory board; election of chairperson; secretary; number of meetings; quorum; conducting business at public meeting; notice of meeting; compensation and expenses.
Sec. 12713.
(1) The members of the advisory board, as soon as appointed, shall organize and elect from their number a chairperson. Thereafter, annually when new members are appointed to the board, a chairperson shall be elected at the next board meeting. The member from the department shall be the secretary of the board.
(2) The board shall hold not less than 1 meeting each year for the purpose of examining candidates for registration. Additional meetings may be called by the chairperson or director as may be reasonably necessary to carry out sections 12701 to 12715. Five members shall constitute a quorum. The business which the advisory board may perform shall be conducted at a public meeting of the advisory board held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
(3) The per diem compensation of the members of the advisory board registered under sections 12701 to 12715 shall be established annually by the legislature. Expenses shall be reimbursed pursuant to section 1216.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 143, Imd. Eff. June 2, 1980
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 333.12714 - Rules and Construction Code.

333.12714 Rules and construction code.
Sec. 12714.
The department, with the advice of the advisory board, shall promulgate rules and a construction code reasonably necessary to implement sections 12701 to 12715. The rules and construction code shall include provisions for qualifications and examination of well drilling contractors and pump installers, standards for the construction and installation of developments of ground water supplies, dewatering wells, abandonment of wells and dewatering wells, and for the administration of sections 12701 to 12715.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.1601 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) › 368-1978-12-127 - Part 127 Water Supply and Sewer Systems (333.12701...333.12771) › Section 333.12715 - Violation as Misdemeanor; Penalties; Prosecution.

333.12715 Violation as misdemeanor; penalties; prosecution.
Sec. 12715.
(1) Except as provided in subsection (2), a person who violates sections 12701 to 12714, a rule or the construction code promulgated under section 12714, or an order issued by the department or local health department under sections 12701 to 12714 is guilty of a misdemeanor.
(2) A member of the advisory board who intentionally violates section 12713(2) shall be subject to the penalties prescribed in Act No. 267 of the Public Acts of 1976, as amended.
(3) The attorney general or local prosecuting attorney shall be responsible for prosecuting a person who violates sections 12701 to 12715.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 143, Imd. Eff. June 2, 1980
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 333.12721 - Adding Fluoride to Water.

333.12721 Adding fluoride to water.
Sec. 12721.
(1) A state department, board, commission, or agency shall not order a county, city, township, village, or any combination thereof to add fluoride to water which is supplied to the public that may be consumed by human beings.
(2) A county, city, township, village or any combination thereof which supplies water to the public may add fluoride to the water, in a manner and amount to be prescribed by the department, unless the addition of fluoride is rejected by an ordinance of the or by a majority of the electors of the county, city, township, village or any combination thereof.
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 333.12751 - Definitions Used in MCL 333.12752 to 333.12758.

333.12751 Definitions used in MCL 333.12752 to 333.12758.
Sec. 12751.
As used in sections 12752 to 12758:
(a) "Acceptable alternative greywater system" means a system for the treatment and disposal of waste water which normally does not receive human body wastes or industrial waste and is approved for use by a local health department.
(b) "Acceptable innovative or alternative waste treatment system" means a decentralized or individual waste system which has been approved for use by a local health department and which is properly operated and maintained so as not to cause a health hazard or nuisance. An acceptable innovative or alternative waste treatment system may include, but is not limited to, an organic waste treatment system or compost toilet which operates on the principle of decomposition of heterogeneous organic materials by aerobic and facultatively anaerobic organisms and utilizes an effectively aerobic composting process which produces a stabilized humus. Acceptable innovative or alternative waste treatment system does not include a septic tankdrain field system or any other system which is determined by the department to pose a similar threat to the public health, safety and welfare, and the quality of surface and subsurface waters of this state.
(c) "Available public sanitary sewer system" means a public sanitary sewer system located in a right of way, easement, highway, street, or public way which crosses, adjoins, or abuts upon the property and passing not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.
(d) "Person" means a person as defined in section 1106 or a governmental entity.
(e) "Public sanitary sewer system" means a sanitary sewer or a combined sanitary and storm sewer used or intended for use by the public for the collection and transportation of sanitary sewage for treatment or disposal.
(f) "Structure in which sanitary sewage originates" or "structure" means a building in which toilet, kitchen, laundry, bathing, or other facilities which generate water-carried sanitary sewage are used or are available for use for household, commercial, industrial, or other purposes.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 421, Eff. Mar. 31, 1981
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 333.12752 - Public Sanitary Sewer Systems; Declaration of Necessity.

333.12752 Public sanitary sewer systems; declaration of necessity.
Sec. 12752.
Public sanitary sewer systems are essential to the health, safety, and welfare of the people of the state. Septic tank disposal systems are subject to failure due to soil conditions or other reasons. Failure or potential failure of septic tank disposal systems poses a threat to the public health, safety, and welfare; presents a potential for ill health, transmission of disease, mortality, and economic blight; and constitutes a threat to the quality of surface and subsurface waters of this state. The connection to available public sanitary sewer systems at the earliest, reasonable date is a matter for the protection of the public health, safety, and welfare and necessary in the public interest which is declared as a matter of legislative determination.
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 333.12753 - Structures in Which Sanitary Sewage Originates to Be Connected to Public Sanitary Sewer; Approval; Time.

333.12753 Structures in which sanitary sewage originates to be connected to public sanitary sewer; approval; time.
Sec. 12753.
(1) Structures in which sanitary sewage originates lying within the limits of a city, village, or township shall be connected to an available public sanitary sewer in the city, village, or township if required by the city, village, or township.
(2) Structures in which sanitary sewage originates lying outside the limits of the city, village, or township in which the available public sanitary sewer lies shall be connected to the available public sanitary sewer after the approval of both the city, village, or township in which the structure and the public sanitary sewer system lies and if required by the city, village, or township in which the sewage originates.
(3) Except as provided in subsection (4), the connection provided for in subsections (1) and (2) shall be completed promptly but not later than 18 months after the date of occurrence of the last of the following events or before the city, village, or township in which the sewage originates requires the connection:
(a) Publication of a notice by the governmental entity which operates the public sanitary sewer system of availability of the public sanitary sewer system in a newspaper of general circulation in the city, village, or township in which the structure is located.
(b) Modification of a structure so as to become a structure in which sanitary sewage originates.
(4) A city, village, or township may enact ordinances, or a county or district board of health, may adopt regulations to require completion of the connection within a shorter period of time for reasons of public health.
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 333.12754 - Failure to Connect Structure to Public Sanitary Sewer; Notice; Action to Compel Connection.

333.12754 Failure to connect structure to public sanitary sewer; notice; action to compel connection.
Sec. 12754.
(1) When the structure in which sanitary sewage originates is not connected to an available public sanitary sewer system within the time specified in section 12753, the governmental unit in which the structure lies shall require the connection to be made immediately after notice, which may be by first class or certified mail to the owner of the property or by posting on the property.
(2) The notice shall give the approximate location of the public sanitary sewer system which is available for connection of the structure involved and shall advise the owner of the requirements and enforcement provisions of sections 12752 to 12758 and any applicable ordinance or regulation.
(3) Where a structure in which sanitary sewage originates is not connected to an available public sanitary sewer system within 90 days after the date of mailing or posting of the written notice, the governmental unit which operates the available sanitary sewer system may bring an action for a mandatory injunction or order in the district, municipal, or circuit court in the county in which the structure is situated to compel the owner to connect to the available sanitary sewer system immediately. The governmental unit may join any number of owners of structures situated within the governmental unit in the action to compel each owner to connect to an available sanitary sewer system immediately.
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 333.12756 - Tap-in Fee for Connection; Deferment of Payment by Reason of Hardship; Application; Evidence of Hardship; Ordinance Defining Hardship and Permitting Deferred or Partial Payment; Condition to Granting Deferred or Partial Payment.

333.12756 Tap-in fee for connection; deferment of payment by reason of hardship; application; evidence of hardship; ordinance defining hardship and permitting deferred or partial payment; condition to granting deferred or partial payment.
Sec. 12756.
(1) An owner of property who by reason of hardship is unable to comply with provisions of sections 12752 to 12758 requiring connection to an available sanitary sewer system when the local unit of government charges a tap-in fee for connection may have the fee payment deferred by application to the assessing officer. Upon receipt of evidence of hardship, the local unit of government may defer partial or total payment of the fee.
(2) The local unit of government may enact ordinances to define hardship in its area and to permit deferred or partial payment of the tap-in fee. As a condition to the granting of the deferred or partial payment of the tap-in fee, the local unit of government may require mortgage security on the real property of the beneficiary payable on or before death, or, in any event, on the sale or transfer of the property.
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 333.12758 - Voluntary Connection to Public Sanitary Sewer System; Provisions Cumulative.

333.12758 Voluntary connection to public sanitary sewer system; provisions cumulative.
Sec. 12758.
(1) Sections 12752 to 12758 shall not limit the right of the owner of a structure in which sanitary sewage originates voluntarily to connect the structure to a public sanitary sewer system where the operator of the system agrees to the connection.
(2) Sections 12752 to 12758 are in addition to and not in limitation of the power of a governmental unit to adopt, amend, and enforce ordinances relating to the connection of a structure in which sanitary sewage originates to its public sanitary sewer system.
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 333.12771 - Outhouses; Requirements; Rules; Violation as Misdemeanor; Public Nuisance; “Outhouse” Defined.

333.12771 Outhouses; requirements; rules; violation as misdemeanor; public nuisance; “outhouse” defined.
Sec. 12771.
(1) A person shall not maintain, or permit to be maintained, on premises owned or controlled by the person an outhouse unless the outhouse is kept in a sanitary condition, and constructed and maintained in a manner which will not injure or endanger the public health.
(2) The department shall promulgate rules governing the construction and maintenance of outhouses to safeguard the public health and to prevent the spread of disease and the existence of sources of contamination.
(3) A person who violates this section is guilty of a misdemeanor. An outhouse not constructed or maintained as required by this section or the rules promulgated pursuant to this section shall be a public nuisance.
(4) As used in this section, "outhouse" means a building or other structure not connected with a sewer system or with a properly installed and operated sewage disposal system, and which is used for the reception, disposition, or storage, either temporarily or permanently, of feces or other excreta from the human body.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.421 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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12901-333.12904 - Repealed. 2000, Act 92, Eff. Nov. 8, 2000.

333.12901-333.12904 Repealed. 2000, Act 92, Eff. Nov. 8, 2000.
Compiler's Notes:
The repealed sections pertained to definitions, preparation and service of wild game, creation of food service sanitation advisory board, and license to operate food service establishment.
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12905a-333.12908 - Repealed. 2000, Act 92, Eff. Nov. 8, 2000.

333.12905a-333.12908 Repealed. 2000, Act 92, Eff. Nov. 8, 2000.
Compiler's Notes:
The repealed sections pertained to display of poster diagramming and explaining antichoking techniques in food service establishment; payment of sanitation service and state license fees; denial, suspension, limitation, or revocation of license; and delegation of authority and responsibility for enforcement of requirements.
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12910-333.12913 - Repealed. 2000, Act 92, Eff. Nov. 8, 2000.

333.12910-333.12913 Repealed. 2000, Act 92, Eff. Nov. 8, 2000.
Compiler's Notes:
The repealed sections pertained to transitory food units; construction, remodeling, or alteration of food service establishments; investigation of food-borne diseases and poisonings; and storage or application of sulfiting agents prohibited.
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12914 - Rules Prohibited.

333.12914 Rules prohibited.
Sec. 12914.
Notwithstanding 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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12915 - Local Authority Limited; Exception; Local Permit; Compliance With Local Codes, Regulations, or Ordinances.

333.12915 Local authority limited; exception; local permit; compliance with local codes, regulations, or ordinances.
Sec. 12915.
A county, city, village, or township shall not regulate those aspects of food service establishments or vending machines which are subject to regulation under this part except to the extent necessary to carry out the responsibility of a local health department pursuant to sections 12906 and 12908. This part shall not relieve the applicant for a license or a licensee from responsibility for securing a local permit or complying with applicable local codes, regulations, or ordinances not in conflict with this part.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 526, Eff. Mar. 30, 1983
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12916 - Repealed. 2000, Act 92, Eff. Nov. 8, 2000.

333.12916 Repealed. 2000, Act 92, Eff. Nov. 8, 2000.
Compiler's Notes:
The repealed section pertained to food establishment, delicatessen, or bakery offering certain food for sale.
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12921 - Repealed. 2000, Act 92, Eff. Nov. 8, 2000.

333.12921 Repealed. 2000, Act 92, Eff. Nov. 8, 2000.
Compiler's Notes:
The repealed section pertained to injunction or other process.
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) › 368-1978-12-129. - Part 129. Smoke-Free Food Service Establishments (333.12901...333.12922) › Section 333.12922 - Violation as Misdemeanor.

333.12922 Violation as misdemeanor.
Sec. 12922.
A person who violates this part or a rule promulgated under this part 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13101 - Definitions.

333.13101 Definitions.
Sec. 13101.
(1) As used in this part:
(a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.
(b) "Applicant" means the person who submits an application for a body art facility license under this part and includes the owner or operator, an agent of the owner or operator, or any other person operating under the apparent authority of the owner or operator of a body art facility that is required to be licensed under this part.
(c) "Body art facility" means the location at which an individual does 1 or more of the following:
(i) Performs tattooing.
(ii) Performs branding.
(iii) Performs body piercing.
(d) "Body piercing" means the perforation of human tissue other than an ear for a nonmedical purpose.
(e) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument.
(f) "Controlled substance" means that term as defined in section 7104.
(g) "Critical violation" means a violation of this part that is determined by the department or a local health department to be more likely than other violations of this part to contribute to illness in humans.
(h) "Licensee" means the person who is the holder of a license under this part or the person who is legally responsible for the operation of a body art facility and includes the owner or operator, an agent of the owner or operator, or any other person operating under the apparent authority of the owner or operator of a body art facility that is required to be licensed under this part.
(i) "Local governing entity" means that term as defined in section 2406.
(j) "Minor" means an individual under 18 years of age who is not emancipated under section 4 of 1968 PA 293, MCL 722.4.
(k) "Smoking" means that term as defined in section 12601.
(l) "Tattoo" means 1 or more of the following:
(i) An indelible mark made upon the body of another individual by the insertion of a pigment under the skin.
(ii) An indelible design made upon the body of another individual by production of scars other than by branding.
(m) "Temporary body art facility" means a body art facility that operates at a fixed or temporary location in this state for a time period that does not exceed 14 consecutive days and includes out-of-state facilities operating within this state.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 1996, Act 223, Eff. Sept. 1, 1996 ;-- Am. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13102 - Tattoo, Brand, or Body Piercing on Minor; Consent and Proof of Authority of Parent or Guardian Required.

333.13102 Tattoo, brand, or body piercing on minor; consent and proof of authority of parent or guardian required.
Sec. 13102.
An individual shall not tattoo, brand, or perform body piercing on a minor unless the individual obtains the prior written informed consent of the minor's parent or legal guardian and proof of that individual's authority to give the informed consent required under this section. The minor's parent or legal guardian shall execute the written, informed consent required under this section in the presence of the licensee or an employee or agent of the licensee. The minor's parent or legal guardian shall present to the licensee or employee or agent of the licensee the minor's birth certificate or legal proof of guardianship to establish the individual's authority to give the informed consent required under this section.
History:
Add. 1996, Act 223, Eff. Sept. 1, 1996 ;-- Am. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13103 - Repealed. 2010, Act 375, Imd. Eff. Dec. 22, 2010.

333.13103 Repealed. 2010, Act 375, Imd. Eff. Dec. 22, 2010.
Compiler's Notes:
The repealed section pertained to violation of part or rules as misdemeanor.
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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13105 - Inspection by Local Health Department; Results; Recommendation; Annual Inspection; License Nontransferable.

333.13105 Inspection by local health department; results; recommendation; annual inspection; license nontransferable.
Sec. 13105.
(1) Before issuing a license to an applicant under this part, the department shall receive the results of an inspection of the premises of the body art facility that is the subject of the application from the appropriate local health department. The local health department shall convey the results of the inspection of the premises of the body art facility that is the subject of the application to the department as soon as practical after the inspection occurs, along with its recommendation on whether the department should issue a license to that facility under this part.
(2) The appropriate local health department shall inspect each body art facility prior to being licensed under this part and shall at least annually inspect each body art facility licensed under this part to ensure compliance with this part. Subject to section 13108, the department shall authorize a local health department under section 2235 to perform the inspections required under this subsection.
(3) The department shall issue a license under this part to a specific person for a body art facility at a specific or temporary location.
(4) A license issued under this part is nontransferable.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13106 - License Renewal.

333.13106 License renewal.
Sec. 13106.
The licensee shall apply to the department for renewal of the annual license on or before December 1 each year. A licensee that fails to file an application for renewal as prescribed in this section is subject to the late fee under section 13104.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13108 - Enforcement.

333.13108 Enforcement.
Sec. 13108.
(1) Pursuant to section 2235, the department shall authorize a local health department to enforce this part and any rules promulgated under this part. A local health department authorized to enforce this part and any rules promulgated under this part shall enforce this part and any rules promulgated under this part pursuant to sections 2461(2) and 2462. In addition to the penalties and remedies under this part, a local health department may enforce this part and any rules promulgated under this part through an action commenced pursuant to section 2465 or any other appropriate action authorized by law.
(2) If a local health department of a county or city under part 24 is unable or unwilling to perform the functions required in this section and the county or city is not part of a district that has created a district health department pursuant to section 2415, the county or city, through an intergovernmental agreement, may contract with another local governing entity to have that entity's local health department perform the functions required in this section. The contracting parties under this subsection shall obtain the department's approval before execution of the intergovernmental agreement.
(3) Pursuant to section 2444, a local governing entity of a local health department authorized to enforce this part under this section may fix and require the payment of fees by applicants and licensees for services required to be performed by the local health department under this part.
(4) A local health department shall use as guidance in enforcing this part any safety standards or other requirements issued by the department applicable to body art facilities.
(5) In addition to any other enforcement action authorized by law, a person alleging a violation of this part may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13109 - Violation as Misdemeanor; Penalty; Civil Action.

333.13109 Violation as misdemeanor; penalty; civil action.
Sec. 13109.
(1) Except as otherwise provided in section 13110, a person who violates this part or a rule promulgated under this part is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $2,500.00, or both, for each violation.
(2) A person who violates this part or a rule promulgated under this part is liable in a civil action for actual damages or $1,000.00, whichever is greater, plus reasonable court costs, attorney fees, and any other fines, fees, or claims for reimbursement as determined by the court or the department.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13110 - Giving or Selling Tattooing, Branding, Body Piercing Kit or Device to Minor Prohibited; Violation; Fine.

333.13110 Giving or selling tattooing, branding, body piercing kit or device to minor prohibited; violation; fine.
Sec. 13110.
A person shall not give or sell to a minor a tattooing, branding, or body piercing kit or other tattooing, branding, or body piercing device. A person who violates this section is responsible for a state civil infraction and is subject to a civil fine of not more than $500.00. This section shall be enforced pursuant to chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13111 - Local Codes, Regulations, or Ordinances; Variance.

333.13111 Local codes, regulations, or ordinances; variance.
Sec. 13111.
(1) A local governing entity of a local health department authorized to enforce this part under section 13108 may adopt and enforce local codes, ordinances, or regulations that are more stringent than the minimum applicable standards set forth in this part, rules promulgated under this part, or any safety standards or other requirements issued by the department applicable to body art facilities. This part shall not relieve the applicant or a licensee from the responsibility for securing a local permit or complying with applicable local codes, regulations, or ordinances that are in addition to this part.
(2) A local health department may grant a variance to a body art facility from a requirement of this part if the local health department determines that the variance will not create or increase the potential for a health hazard or nuisance and that the activity or condition for which the variance is proposed will not violate any other provisions of this part. The applicant or licensee shall request the variance in writing, which writing shall include all of the following:
(a) A statement of the proposed variance and a citation to the requirement of this part for which the variance is requested.
(b) An analysis of the rationale for the variance.
(c) A description of the alternative methods the applicant or licensee will utilize to ensure that the variance will not create or increase the potential for any health hazard or nuisance.
(3) A variance granted under subsection (2) shall be in writing and shall be maintained in the records of the local health department for that body art facility.
History:
Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007 ;-- Am. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-131. - Part 131. Body Art Facilities (333.13101...333.13112) › Section 333.13112 - Individual Under Influence of Alcohol or Controlled Substance; Prohibition.

333.13112 Individual under influence of alcohol or controlled substance; prohibition.
Sec. 13112.
(1) An individual shall not tattoo, brand, or perform body piercing on another individual if the other individual is under the influence of alcoholic liquor or a controlled substance.
(2) An individual who is under the influence of alcoholic liquor or a controlled substance shall not tattoo, brand, or perform body piercing on another individual.
History:
Add. 2010, Act 375, Imd. Eff. Dec. 22, 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) › 368-1978-12-133 - Part 133 Dry Cleaning (333.13301...333.13325) › Section 333.13301 - Definitions and Principles of Construction.

333.13301 Definitions and principles of construction.
Sec. 13301.
(1) As used in this part:
(a) "Approved" means acceptable to the department.
(b) "Class IV installation" means a dry cleaning system utilizing solvents classified as nonflammable or as nonflammable at ordinary temperatures and only slightly flammable at higher temperatures.
(c) "Dry cleaning" includes dry dyeing and means the process of removing dirt, grease, paints, and other stains from wearing apparel, textiles, fabrics, and rugs by use of nonaqueous liquid solvents, including:
(i) Immersion and agitation in open vessels.
(ii) Immersion and agitation in closed machines.
(iii) Spotting or local application of flammable liquid solvents to spots of dirt, grease, paints, and stains not removed by the immersion and agitation process.
(iv) Brushing or scouring with inflammable solutions.
(d) "Dry dyeing" means the process of dyeing clothes or other fabrics of textiles in a solution of dye colors and nonaqueous solvents.
(e) "Person" means a person as defined in section 1106 or a governmental entity.
(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 dry cleaning program in the division of occupational health, with the exception of the division of health risk assessment and the division of occupational health, 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 MCL 330.3101 of the Michigan Compiled Laws.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 333.13303 - Class IV Cleaning Installation; Establishment or Remodeling; Examination and Approval of Drawings; Scale and Contents of Drawings; Specifications.

333.13303 Class IV cleaning installation; establishment or remodeling; examination and approval of drawings; scale and contents of drawings; specifications.
Sec. 13303.
Before a class IV cleaning installation is established or before an existing plant is remodeled, complete drawings shall be submitted to the department for examination and approval. The drawings shall be drawn to an indicated scale, give the relative location of dry cleaning building, boiler room, finishing building or department, storage tanks for solvents, pumps, washers, drying tumblers, extractors, filter traps, stills, condensers, piping, and show elevation of the buildings, including lowest floors or pits, tanks, and their fittings and devices. Specifications prescribed by rules promulgated pursuant to this part shall accompany the drawings.
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 333.13304 - Inspection of Building and Premises; Conformity as Condition to Issuance of License.

333.13304 Inspection of building and premises; conformity as condition to issuance of license.
Sec. 13304.
When the construction and establishment of a class IV installation is completed, the department shall be notified and it shall inspect the buildings and premises in which the dry cleaning operations are contemplated. If the building and premises conform to the approved plans submitted in accordance with this part or rules promulgated pursuant to this part, the department shall issue to the applicant a license to conduct a class IV installation.
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 333.13305 - License Required.

333.13305 License required.
Sec. 13305.
A person shall not operate a class IV installation until issued a license under this part.
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