reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2901 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules shall apply to all new and existing
					 permanent buildings or structures and temporary facilities at which both
					 consumer and low-impact fireworks are sold.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2902 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Act" means the Michigan fireworks safety
				  act, 2011 PA 256, MCL 28.451 to 28.471.
(b) "Bureau" means the department of
				  licensing and regulatory affairs bureau of fire services.
(c) "Department" means the department of
				  licensing and regulatory affairs.
(d) "NFPA" means the standard established by
				  the national fire protection association headquartered at 1 Batterymarch Park,
				  Quincy, Massachusetts.
(e)
				  "National holidays" as identified in section 7(2) of the act, means national
				  holidays as defined in
				  5 U.S.C.
				  6103(1998).
(f) "Permanent building or structure" means
				  both of the following:
(i) Stores.
(ii) Consumers fireworks retail sales (cfrs)
				  facilities, as defined by nfpa 1124 (2006 edition).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2903 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 3. The bureau shall create uniform applications and
					 other forms for dissemination to and for use by applicants for retail sales and
					 local units of government as provided under section 16 of the act and published
					 in electronic format at
http://www.michigan.gov/bfs
.
					 Applications for retail sales may be submitted after January 1 of the calendar
					 year for which the certificate will be issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2905 - Collection of fees

Current through Vol. 24-12, July 15, 2024
Rule 5. The bureau shall create procedures for the
					 collection of applications and fireworks safety fees in accordance with the
					 act, the Michigan department of treasury rules and procedures, and department
					 of licensing and regulatory affairs tax and finance procedures, and shall
					 include all of the following:
(a)
				  Pursuant to sections 8 and 9 of the act, MCL 28.458 and 28.459, a person who
				  sells consumer fireworks or low-impact fireworks, or both, at retail locations
				  shall collect the 6% fireworks safety fee when the gross retail income is $1.04
				  or more as determined before any taxes are applied. This fee shall be in
				  addition to the 6% Michigan state sales tax. A person who fails to collect and
				  remit the fireworks safety fee is guilty of a misdemeanor punishable by a fine
				  of not more than $10,000. A person who is found guilty under section 18c of the
				  act, MCL 28.468c, shall not be eligible to obtain a consumer fireworks
				  certificate for the specified time period.
(b) Pursuant to section 10 of the act, MCL
				  28.460, the remittance of the fireworks safety fee shall be filed with the
				  department on forms prescribed by the department not later than 20 calendar
				  days after the end of each preceding month. The forms and submission schedule
				  are published in electronic format at
http://www.michigan.gov/bfs
. A person
				  shall file the fireworks safety fees and the required forms by either of the
				  following methods:
(i) Electronically
				  submitting them to the bureau at
http://www.michigan.gov/bfs
.
(ii) Sending them to the bureau by United
				  States mail. Fireworks safety fees and requisite filing forms shall be
				  postmarked by the filing date and mailed to: Department of Licensing and
				  Regulatory Affairs, Bureau of Fire Services, P.O. Box 30642, 7150 Harris Drive,
				  Lansing, MI 48909. Checks or money orders shall be payable to the state of
				  Michigan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2906 - Transfer of certificate

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				  consumer fireworks certificate is transferrable in accordance with section 4(6)
				  of the act, MCL 28.454(6).
(a) A new applicant
				  shall submit an application and other required information, other than plans,
				  with a $25 transfer fee.
(b) The
				  consumer fireworks certificate may be transferred to a new entity that is in
				  the same physical location and that has had no modification made to the
				  facility since the last required inspection.
(c) The consumer fireworks certificate for a
				  temporary facility may be transferred to a new location upon the submission to
				  the bureau of an application for location transfer that meets all of the
				  following:
(i) The bureau received the
				  application not later than June 1 of the certificate year.
(ii) No changes were made to the submitted
				  plans other than site location.
(iii) No previous inspection was
				  conducted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2907 - Refunds

Current through Vol. 24-12, July 15, 2024
Rule 7. Refunds of 70% of the certificate application fee
					 are permitted only under either of the following conditions:
(a) The refund request is for an accidental
				  duplicate payment for the same cfrs location for which payment was already
				  made.
(b) The refund request is due
				  to the death of an applicant and the certificate has not been issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 1 - GENERAL PROVISIONS › Section R. 29.2908 - Inspection

Current through Vol. 24-12, July 15, 2024
Rule 8. The bureau shall establish an inspection process to
					 confirm that the retail location meets the requirements of the act and the
					 national codes and standards as adopted by reference in
					 R 29.2909 for the retail sale of
					 consumer fireworks. The state fire marshal or the state fire marshals designee
					 may enter and inspect the retail locations issued a consumer fireworks
					 certificate at any reasonable time.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 2 - FIRE SAFETY REQUIREMENTS › Section R. 29.2909 - Code for manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles; adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 9. Except as amended by part 2 of these rules, the
					 provisions of Chapters 1 to 3 and 7, nfpa (national fire protection
					 association) 1124, entitled "code for the manufacture, transportation, storage,
					 and retail sales of fireworks and pyrotechnic articles," 2006 edition, are
					 adopted by reference as part of these rules. Copies of the adopted provisions
					 are available for inspection and distribution either at the office of the
					 Bureau of Fire Services, Michigan Department of Licensing and Regulatory
					 Affairs, P.O. Box 30700, 3101 Technology Boulevard, Suite H, Lansing, Michigan
					 48910, or from the National Fire Protection Association, 1 Batterymarch Park,
					 P.O. Box 9101, Quincy, Massachusetts 02269-9101, telephone number
					 1-800-344-3555. The cost as of the time of adoption of these rules is $46.50
					 per copy.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 2 - FIRE SAFETY REQUIREMENTS › Section R. 29.2910 - Administration

Current through Vol. 24-12, July 15, 2024
Rule 10. Sections 1.1, 1.2, and 1.3 of the code are amended
					 and sections 1.3.2.1, 1.3.2.1.1, 1.3.2.1.2, 1.3.2.2, 1.3.2.3, 1.3.2.3.1,
					 1.3.2.3.2, and 1.3.2.5 of the code are deleted to read as follows:
1.1 Scope. This code shall provide
				  regulations for the construction, use, and maintenance of buildings and
				  facilities for the retail sales and related storage of consumer fireworks in
				  cfrs facilities and stores.
1.2
				  Purpose. The purpose of this code shall be to establish reasonable minimum fire
				  and life safety requirements for the storage and retail sales of consumer
				  fireworks.
1.3 Application. This
				  code shall apply to the storage and retail sales of consumer
				  fireworks.
1.3.2.1 Deleted.
1.3.2.1.1 Deleted.
1.3.2.1.2 Deleted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 2 - FIRE SAFETY REQUIREMENTS › Section R. 29.2912 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 12. Sections 3.2.2, 3.2.3, 3.3.19, 3.3.30, 3.3.30.1,
					 3.3.30.2, 3.3.48, 3.3.51, and 3.3.52 are amended and sections 3.2.3.1,
					 3.3.30.3, 3.3.30.4, 3.3.65.1, and 3.3.78 are added to read as follows:
3.2.2 "Authority having jurisdiction" means
				  the director of the department or an employee of the department appointed by
				  the director to implement the act.
3.2.3 "Code" means the national fire
				  protection association pamphlet no. 1124, 2006 edition, entitled "code for the
				  manufacture, transportation, storage, and retail sales of fireworks and
				  pyrotechnic articles" as amended by these rules.
3.2.3.1 "Act" means 2011 PA 256, the Michigan
				  fireworks safety act, MCL 28.451 to 28.471.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 2 - FIRE SAFETY REQUIREMENTS › Section R. 29.2913 - Retail sales of consumer fireworks

Current through Vol. 24-12, July 15, 2024
Rule 13. Sections 7.2.1, 7.3.2, 7.3.3, 7.3.6, 7.3.13,
					 7.3.16, 7.3.18.1, 7.3.23, 7.4.9.1.1, 7.4.9.2.4, 7.5.1.1, 7.6.2.2 of chapter 7
					 of the code are amended, section 7.3.13.1 is added, and sections 7.3.18.2 and
					 7.4.9.2.1 of the code are deleted to read as follows:
7.2.1 Retail sales of consumer fireworks,
				  including their related storage and display for sale of such fireworks, shall
				  be in accordance with this code and the act.
7.3.2 Consumer fireworks certificate. A
				  consumer fireworks certificate shall be obtained in accordance with the act and
				  these rules.
7. 3.3 Plans.
(1) Plans shall be submitted to the bureau no
				  later than April 1 of the application year. All of the following apply to
				  plans:
(a) Exempt amounts: Plans are not
				  required for applications of temporary or permanent facilities under either of
				  the following conditions:
(i) Where the
				  consumer fireworks are in packages and where the total quantity of consumer
				  fireworks on hand does not exceed 125 pounds (net) (56.8 kg) of pyrotechnic
				  composition.
(ii) Where the
				  consumer fireworks are in a building protected throughout with an approved
				  automatic sprinkler system installed pursuant to nfpa 13, standard for the
				  installation of sprinkler systems, and do not exceed 250 pounds (net) (113.6
				  kg) of pyrotechnic composition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 2 - FIRE SAFETY REQUIREMENTS › Section R. 29.2914 - Verification of compliance

Current through Vol. 24-12, July 15, 2024
Rule 14. Consumer fireworks shall not be sold at a retail
					 location until plans required under
					 R
					 29.2913 have been received and approved by the bureau
					 and the bureau verifies compliance with section 5 of the act, MCL 28.455; nfpa
					 1124; and, these rules. Verification may be accomplished by either of the
					 following:
(a) A site inspection of
				  the retail location by the bureau or a delegated representative of the bureau.
				  The bureau shall be the authority having jurisdiction to enforce the applicable
				  nfpa codes.
(b) Attestation at the
				  time of application by the person filing the certificate application stating
				  that the certified retail location will comply with section 5 of the act, nfpa
				  1124, and these rules, and that plans have been submitted and approved pursuant
				  to
				  R
				  29.2913 prior to selling consumer fireworks.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2915 - Violations

Current through Vol. 24-12, July 15, 2024
Rule 15. If the bureau determines during the physical site
					 inspection that violations exist, the person holding the certificate for the
					 retail location shall be responsible for a civil fine pursuant to the act and
					 R
					 29.2916. The bureau may seize fireworks pursuant to
					 section 14(2) of the act, MCL 28.464(2), for failure to pay any fine within the
					 time written on the violation notice.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2916 - Sanctions

Current through Vol. 24-12, July 15, 2024
Rule 16. The bureau may issue violation citations and
					 assess civil infraction fines and penalties for any violations of the act and
					 applicable rules, including those observed by bureau personnel while they are
					 performing their duties. The bureau may enforce violation citations and civil
					 infraction fines and penalties pursuant to the departments obligation to
					 administer the requirements of the act. When bureau personnel determine a
					 violation of the act or applicable rules exists, these violations shall be
					 stated on a violation citation form prescribed by section 17a of the act and
					 copy of the citation shall be submitted to the state fire
					 marshal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2917 - Persons subject to penalty

Current through Vol. 24-12, July 15, 2024
Rule 17. A person applying for a consumer fireworks
					 certificate under the act may be subject to any and all penalties as prescribed
					 by the act. The bureau may forward information regarding violations of the act
					 subject to potential criminal sanctions to the prosecutor for the jurisdiction
					 in which the alleged violation of the act has occurred.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2918 - Proof of insurance

Current through Vol. 24-12, July 15, 2024
Rule 18. Proof of insurance as required by section 5(3) of
					 the act shall be in writing, be current, and be available for inspection upon
					 request at each retail location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2919 - Technical review of certificate denials

Current through Vol. 24-12, July 15, 2024
Rule 19. A person denied a certificate for a retail
					 location may file an appeal in writing with the state fire marshal within 28
					 calendar days of the issuance of the denial. An appeal of a certificate denial
					 shall be based on the following technical review procedure within 28 calendar
					 days of receipt:
(a) The state fire
				  marshal, or the state fire marshals designee, shall conduct a technical review
				  of the certificate denial and decide the matter based on the interested parties
				  written submissions and documents, bureau records, applicable rules, and the
				  state fire marshals technical expertise.
(b) The state fire marshal is not authorized
				  to conduct a hearing.
(c) The state
				  fire marshal shall issue a technical review decision setting forth the state
				  fire marshals material findings of fact, conclusions of law, and remedial
				  orders, if any.
The technical review decision of the state fire marshal
					 shall be deemed to be final department action for purposes of judicial review
					 under chapter 4 of the administrative procedures act,1969 PA 306, MCL 24.271 to
					 24.287.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2920 - Appeal of violation citation or civil infraction penalty or fine

Current through Vol. 24-12, July 15, 2024
Rule 20. A party wishing to appeal the violation citation,
					 any penalty or fine assessed for such violation, or both, shall file within 15
					 calendar days of issuance of the violation citation an appeal with the state
					 fire marshal. An appeal of the violation citation does not automatically stay a
					 partys obligation to take action necessary to remedy the violation. The appeal
					 process shall consist of all of the following:
(a) The state fire marshal, or the state fire
				  marshals designee, shall conduct a review of the violation citation appeal and
				  decide the matter based on the interested parties written submissions and
				  documents, bureau records, applicable rules, and the state fire marshals
				  technical expertise.
(b) The state
				  fire marshal is not authorized to conduct a hearing.
(c) Within 28 calendar days of receipt of an
				  appeal of a violation citation, the state fire marshal, or the state fire
				  marshals designee, shall issue a review decision setting forth the material
				  findings of fact, conclusions of law, and remedial orders, if any. The review
				  decision of the state fire marshal, or the state fire marshals designee, shall
				  contain notice of the right of interested parties to file an appeal to the
				  state fire safety board within 28 calendar days of issuance.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2921 - Waiver of hearing; acknowledgement of violation

Current through Vol. 24-12, July 15, 2024
Rule 21. A party issued a certificate for a retail location
					 cited for a violation of the act or applicable rules may waive the right to
					 appeal and acknowledge the violation or violations specified in the citation.
					 The waiver of the right to appeal and acknowledgement of the violation shall be
					 in accordance with section 17a of the act. The certificate holder may explain,
					 on a separate sheet of paper, any mitigating circumstances which the
					 certificate holder believes should be considered in disposing of the
					 violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2922 - Appeal of state fire marshals review decision to the state fire safety board

Current through Vol. 24-12, July 15, 2024
Rule 22. An interested party to the review proceeding may
					 file an appeal of the state fire marshals final review decision under
					 R 29.2920 of these rules to the state
					 fire safety board within 28 calendar days of the issuance of the final review
					 decision. The appeal process shall consist of the following:
(a) The state fire safety board shall conduct
				  a technical review of the state fire marshals final review decision and decide
				  the matter based solely on the administrative record created by the state fire
				  marshal.
(b) The state fire safety
				  board is not authorized to conduct a contested hearing.
(c) The state fire safety board shall issue a
				  decision setting forth its material findings of fact, conclusions of law, and
				  remedial orders, if any, after official action by the state fire safety board
				  at a regularly scheduled or special meeting.
(d) The decision of the state fire safety
				  board shall contain notice of the right of interested parties to file an appeal
				  to the Michigan administrative hearings system (mahs) within 28 calendar days
				  of issuance of the boards decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2923 - Administrative law appeal

Current through Vol. 24-12, July 15, 2024
Rule 23. An appeal from the state fire safety board
					 decision will be a contested case before a mahs administrative law judge
					 governed by chapter 4 of 1969 PA 306, MCL 24.271 to 24.287, and the
					 act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2924 - Proposed decision of administrative law judge

Current through Vol. 24-12, July 15, 2024
Rule 24. The proposed decision of the administrative law
					 judge shall be as follows:
(a) Within
				  10 business days of the conclusion of a hearing or within 5 business days of
				  the receipt of the transcript, if any, or the additional time as allowed by the
				  administrative law judge, each party may file with the administrative law judge
				  a proposed order, including proposed findings of fact and conclusions of law,
				  with the supporting argument and reasoning as are necessary to support the
				  proposed order.
(b) Within 20
				  business days of the conclusion of a hearing or within 15 business days of the
				  receipt of the transcript, if any, the administrative law judge shall serve
				  upon parties by certified mail or personal service a proposed decision which
				  shall include all of the following:
(i) A
				  statement of the reasons for the proposed decision.
(ii) Issues of fact and law necessary for the
				  proposed decision.
(iii) The
				  decision of the administrative law judge which shall be based upon
				  consideration of the whole record and shall be made on the basis of a
				  preponderance of reliable and probative evidence.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2925 - Transmission of record

Current through Vol. 24-12, July 15, 2024
Rule 25. If exceptions and objections are filed, the
					 administrative law judge shall transmit the record of the proceeding to the
					 director of the department. The record shall include the following:
(a) Notices, pleadings, motions, and
				  intermediate rulings.
(b) Questions
				  and offers of proof, objections, and rulings.
(c) Evidence presented.
(d) Matters officially noticed, except
				  matters so obvious that a statement of them would not serve a useful
				  purpose.
(e) Proposed findings of
				  fact and conclusions of law, and exceptions and objections to them.
(f) Any proposed decision, opinion, order, or
				  report by the administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 3 - VIOLATIONS AND PENALTIES › Section R. 29.2926 - Decision of the director

Current through Vol. 24-12, July 15, 2024
Rule 26. Upon receipt of the record transmitted under these
					 rules, the director of the department or the directors designee shall, within
					 30 business days, render a decision. The decision may affirm, modify, or set
					 aside, in whole or in part, the findings, conclusions, and the rule or order
					 contained in the proposed decision of the administrative law judge, and shall
					 include a statement of reasons for each conclusion of law, supporting
					 authority, or reasoned opinion. The director shall serve or cause to be served,
					 a copy of the decision upon all parties and the hearing officer. The directors
					 decision shall be deemed to be final department action for purposes of judicial
					 review under chapter 4 of the administrative procedures act, 1969 PA 306, MCL
					 24.271 to 24.287.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 4 - LOCAL INSPECTION DELEGATION › Section R. 29.2927 - Delegation

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				  local unit of government requesting local inspection delegation under section
				  11(5) of the act, MCL 28.461(5), shall comply with all of the following:
(a) State certified fire inspectors shall
				  perform all delegated inspections.
(b) Inspections shall be conducted within 3
				  business days of receipt of a request for inspection from a fireworks facility
				  representative.
(c) Inspections
				  shall be documented on forms provided by the department. Both of the following
				  apply to forms:
(i) Inspection forms shall be
				  electronically generated and in a format prescribed by the department, and at a
				  minimum, include all of the following information:
(A) Facility name.
(B) Facility address.
(C) Facility contact information.
(D) Facility certificate number.
(E) Facility type.
(F) Inspection type.
(G) Fire safety certification.
(H) Name of inspecting official and contact
				  information.
(I) Description of the
				  inspection activity.
(J) Violations
				  cited during the inspection including code reference.
(K) Any other information necessary to
				  ascertain the facility meets the requirements of the act and these
				  rules.
(ii) Inspection
				  forms, including samples of approved forms, can be found on the departments
				  website at
www.michigan.gov/bfs
.
(d) All completed inspection forms shall be
				  submitted to the department for approval within 5 business days of completing
				  the facility inspection and prior to distribution to the facility. All
				  unapproved inspection forms shall be returned for correction and resubmitted to
				  the department for approval within 5 business days of receipt by the delegated
				  inspector.
(e) A delegated
				  inspector who conducts fireworks inspections shall attend all
				  department-provided training sessions regarding inspections of permanent and
				  temporary fireworks facilities.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 4 - LOCAL INSPECTION DELEGATION › Section R. 29.2928 - Delegation application

Current through Vol. 24-12, July 15, 2024
Rule 28. A local unit of government shall apply for local
					 inspection delegation of consumer fireworks sales facilities by November 1 of
					 the preceding year. The application forms are available in electronic format at
http://www.michigan.gov/bfs
.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Michigan Fireworks Safety General Rules › Part 4 - LOCAL INSPECTION DELEGATION › Section R. 29.2929 - Delegation payment

Current through Vol. 24-12, July 15, 2024
Rule 29. A local unit of government shall be reimbursed for
					 delegated inspection duties pursuant to section 11(5) of the act, MCL
					 28.461(5). Payment for delegated inspections shall be made to the local unit of
					 government after the inspection forms are approved by the
					 department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 1 - GENERAL PROVISIONS › Section R. 29.3101 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1)
				  These rules apply to the board, a member, and the staff in the performance of
				  duties prescribed by the act.
(2)
				  Fire safety rules developed, adopted, and promulgated, and a hearing, review,
				  and rendering of a decision of any contested case, a fire safety rule, or a
				  ruling of the state fire marshal in his interpretation or application of the
				  rules, shall be in compliance with Act No. 306 of the Public Acts of 1969, as
				  amended, being S24.201 et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 1 - GENERAL PROVISIONS › Section R. 29.3103 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1) As
				  used in these rules:
(a) "Act" means Act No.
				  207 of the Public Acts of 1941, as amended, being S29.1 et seq. of the Michigan
				  Compiled Laws.
(b) "Board" means
				  the state fire safety board.
(c)
				  "Member" means an appointed member of the state fire safety board.
(d) "Staff" means the department of civil
				  service classified personnel employed by the board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 2 - ORGANIZATION AND OPERATION › Section R. 29.3201 - Board; election of officers; quorum; voting; presiding officer

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1)
				  During the month of December each year, the board shall elect a chairperson,
				  vice chairperson, and board secretary to serve during the following calendar
				  year.
(2) The chairperson shall be
				  elected on the basis of his or her ability to preside.
(3) The chairperson or a designee shall
				  preside over regular and special meetings.
(4) If the chairperson temporarily vacates
				  the chair or is absent for any reason, the vice chairperson shall preside,
				  discharging the responsibilities and duties and exercising the rights of the
				  elected chairperson.
(5) If the
				  chairperson temporarily vacates the chair or is absent, and the vice
				  chairperson is also absent, the board secretary shall preside, discharging the
				  responsibilities and duties and exercising the rights of the elected
				  chairperson.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 2 - ORGANIZATION AND OPERATION › Section R. 29.3203 - Operation; staff

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) The
				  executive secretary shall be a department of civil service classified employee
				  with title and civil service status as recommended by the department of state
				  police and as authorized by the department of civil service.
(2) The executive secretary shall be
				  accountable to the board only, but shall be subject to the administrative
				  policies and procedures of the department of state police.
(3) The executive secretary shall administer
				  the in-house operations of the board office and staff.
(4) The executive secretary shall carry out
				  the procedures, policies, and directives necessitated or authorized by board
				  action.
(5) The executive secretary
				  shall develop and process the board's proposed administrative rules in
				  accordance with the act and Act No. 306 of the Public Acts of 1969, as amended,
				  being S24.201 et seq. of the Michigan Compiled Laws.
(6) The commanding officer of the fire
				  marshal division shall approve absence from duty by the executive secretary for
				  purpose of annual leave, sick leave, or administrative leave in accordance with
				  department of state police official orders.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3301 - Meetings and hearings; procedure

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) A
				  regular board meeting shall be scheduled for the third Wednesday of the month
				  and may continue through the following day.
(2) After the chairperson has called a
				  regular meeting to order, he or she shall authorize the prepared agenda or
				  shall authorize the updating of the prepared agenda.
(3) After the chairperson has called a
				  special meeting to order, he or she shall declare the matter of business being
				  the reason for the special meeting and shall not permit action on a matter
				  other than that for which the meeting was called.
(4) The chairperson shall maintain order and
				  control presentations of evidence and testimony so that the proceedings may be
				  recorded accurately and chronologically.
(5) A person who desires to address the board
				  at a meeting shall be required to provide his or her name prior to making his
				  or her statement.The subject to be discussed shall also be made known so that
				  it may take its appropriate place on the agenda; except that if the person
				  desires, he or she may refrain from stating the subject and may address the
				  board at the general public input portion of the meeting. Presentations covered
				  by this subrule shall be limited to 10 minutes' duration which may be extended
				  by the chairperson.
(6) The
				  chairperson may declare a recess during a regular or special meeting.
(7) The chairperson or a board member may
				  temporarily vacate the chair if he or she is a principal or has an interest in
				  the case or its conclusion.
(8) In
				  the absence of the executive secretary during a meeting or a hearing, the board
				  secretary shall assist a recording secretary in recording the proceedings of
				  the meeting or hearing.
(9) In the
				  absence of a recording secretary during a meeting or a hearing, the board
				  secretary shall assist the executive secretary in recording the proceedings of
				  the meeting or hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3303 - Procedures; executive secretary

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) The
				  executive secretary shall continually analyze the organization, operation, and
				  procedure of the board and, when necessary, shall recommend appropriate
				  changes.
(2) The executive
				  secretary is responsible for the management of the office, the staff, the
				  business of the board, and actions taken by the board that are not inconsistent
				  with these rules.
(3) The executive
				  secretary may participate in any activity within this state that is essential
				  to the discharge of his or her responsibilities and duties, and shall recover
				  incurred travel expense.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3305 - Procedures requiring board action

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) The
				  approval of the minutes of regular or special meetings requires board
				  action.
(2) Conclusions regarding
				  existing and proposed fire safety rules, emergency fire safety rules, and board
				  position letters require board action.
(3) Formal action in a contested case
				  requires board action.
(4) The
				  board shall consider and may authorize a request for increased office
				  staffing.
(5) The board shall
				  consider and may authorize the involvement of the executive secretary in the
				  determination of applicants' qualifications, the selection of qualified
				  applicants, and the assignment of duties and responsibilities to staff that
				  fill vacated office staff positions and additional office positions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3307 - Meeting agenda and minutes

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) The
				  executive secretary shall forward an agenda scheduling all business, hearings,
				  and guest appearances, along with pertinent materials regarding scheduled
				  contested cases and materials pertaining to the scheduled items, to each board
				  member not later than 7 days prior to a regular meeting.
(2) The agenda shall be in a format and order
				  to facilitate the proper and orderly conduct of a board meeting by the
				  presiding official. See appendix A in
				  R
				  29.3501 for agenda format.
(3) The executive secretary report on the
				  agenda of a regular meeting shall contain any invitations extended to a member
				  or the executive secretary to appear and represent the board.
(4) The executive secretary report on the
				  agenda of a regular meeting shall contain announcements of interest to the
				  members.
(5) The minutes of a
				  regular board meeting shall indicate the time, date, and location of the
				  meeting; the official presiding; the members present; the members absent; the
				  action taken on the minutes of the previous regular meeting; the action taken
				  on the minutes of a previous special meeting, if held; and, a listing of each
				  item on the agenda, along with a summary of the testimony, evidence,
				  deliberations, and a verbatim account of all motions, listing the vote of each
				  member.
(6) The minutes of a
				  regular board meeting shall be forwarded to each member and recipient
				  authorized by the board prior to the next regular board meeting. Recipients
				  authorized by the board include designated staff members of the fire marshal
				  division of the department of state police and others the board may deem
				  advisable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3309 - Appeal procedure; contested cases

Current through Vol. 24-12, July 15, 2024
Rule 309. A request for the hearing of a contested case
					 shall comply with the appeal request procedure. See appendix B in
					 R
					 29.3501.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3311 - Hearing procedure; contested cases

Current through Vol. 24-12, July 15, 2024
Rule 311.
(1) The
				  hearing of a contested case shall be conducted in compliance with appendix C in
				  R
				  29.3501.
(2) The chairperson shall preside over the
				  hearing, except as provided in
				  R 29.3201(3) and
				  (4).
(3) A copy of the determination shall be
				  forwarded by certified mail forthwith to the appellant and a copy shall be
				  forwarded to each of the other principals in the case.
(4) The executive secretary shall cause a
				  recording of the contested case hearing proceedings to be made. A written
				  transcript shall not be prepared unless ordered by the board or requested by 1
				  of the parties. A fee may be charged for preparing the transcript.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3313 - Administrative rules; review, development, and processing; hearing official

Current through Vol. 24-12, July 15, 2024
Rule 313.
(1) The
				  administrative rules for fire safety authorized by the act shall be continually
				  reviewed by the executive secretary to determine their validity under current
				  circumstances.
(2) Administrative
				  rules for fire safety that are the subject of appeals shall be reviewed
				  periodically by the executive secretary and a record of the frequency of the
				  involvement of a rule shall be maintained to ascertain the adequacy,
				  applicability, and validity of the rule.
(3) The executive secretary is designated as
				  the hearing official and shall conduct public hearings in compliance with the
				  applicable provisions of chapter 3 of Act No. 306 of the Public Acts of 1969,
				  as amended, being SS24.231 to 24.264 of the Michigan Compiled Laws, unless
				  determined otherwise by action of the board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3315 - Position letters

Current through Vol. 24-12, July 15, 2024
Rule 315. The board may, upon request or at its own
					 initiative, issue position letters clarifying the intent of a promulgated rule
					 or establishing its position on a particular subject. Position letters issued
					 during a calendar year shall be numbered sequentially.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 3 - PROCEDURES › Section R. 29.3317 - Records; retention and disposal

Current through Vol. 24-12, July 15, 2024
Rule 317. Records made by the board shall be maintained at
					 the office of the board as directed by the board and in compliance with the
					 retention and disposal schedule of the department of management and budget,
					 office services division, state records and publications
					 center.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 4 - PUBLIC INSPECTION › Section R. 29.3401 - Public inspection

Current through Vol. 24-12, July 15, 2024
Rule 401. Rules, minutes, and other documents shall be
					 available for inspection in compliance with Act No. 306 of the Public Acts of
					 1969, as amended, and Act No. 267 of the Public Acts of 1976, as amended, being
					 S24.201 et seq. and S15.261 et seq. of the Michigan Compiled
					 Laws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Organization, Operation, and Procedure › Part 5 - APPENDICES › Section R. 29.3501 - Appendices A, B, and C

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1)
				  Appendix A reads as follows:
APPENDIX A
AGENDA
1. Start
				  of meeting - review agenda
2.
				  Disposition of minutes
3. Executive
				  secretary report
4. Unfinished
				  business
5. New Business
6. Old appeals
7. New appeals
8. General public input
9. Adjourn
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Compressed Natural Gas (CNG) Vehicular Fuel Systems › Part 1 - GENERAL PROVISIONS › Section R. 29.4701 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 701. These rules apply to the design and installation
					 of gaseous engine fuel systems on vehicles and associated fuel-dispensing
					 systems. Compliance with these rules does not excuse compliance with other
					 applicable state and federal statutes and rules and regulations promulgated in
					 addition to these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Compressed Natural Gas (CNG) Vehicular Fuel Systems › Part 1 - GENERAL PROVISIONS › Section R. 29.4702 - Vehicular gaseous fuel systems code; adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 702. The provisions of the national fire protection
					 association (nfpa) pamphlet number 52, 2013 edition, entitled
"Vehicular Gaseous Fuel Systems Code,"
are adopted by
					 reference as part of these rules. Copies of the adopted nfpa 52 are available
					 for inspection and distribution either at the office of the Bureau of Fire
					 Services, Storage Tank Division, 3101 Technology Boulevard, Lansing, Michigan
					 48910, or from the National Fire Protection Association (NFPA), 1 Batterymarch
					 Park, P.O. Box 9101, Quincy, Massachusetts, 02169-7471. The cost of nfpa 52, as
					 of the time of adoption of these rules, is $46.50 per copy plus a $7.95
					 handling charge, per copy; or at the office of the Bureau of Fire Services,
					 P.O. Box 30241, Lansing, Michigan 48909-7741, for a cost, at the time of the
					 adoption of these rules, of $54.45, per copy, plus $20.00 handling, plus
					 shipping.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Compressed Natural Gas (CNG) Vehicular Fuel Systems › Part 2 - AMENDMENTS TO VEHICULAR GASEOUS FUEL SYSTEMS CODE › Section R. 29.4751 - Equivalency

Current through Vol. 24-12, July 15, 2024
Rule 751. Sections 1.4.1.1.1 and 1.4.1.1.2 are added to the
					 vehicular gaseous fuel systems code as follows:
1.4.1.1.1 An owner or operator may make an
				  application for a variance to the rules by applying to the department with a
				  satisfactory explanation as to why compliance is not possible.
The department may approve a variance upon finding that the
					 variance is based on the best interests of public health, safety, welfare, and
					 property and the environment.
1.4.1.1.2 A person aggrieved by a final
				  decision of the department on a request for variance may appeal to the circuit
				  court within 21 days of the decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Compressed Natural Gas (CNG) Vehicular Fuel Systems › Part 2 - AMENDMENTS TO VEHICULAR GASEOUS FUEL SYSTEMS CODE › Section R. 29.4752 - Prohibitions

Current through Vol. 24-12, July 15, 2024
Rule 752. Sections 1.8, 1.8.1, 1.8.2, 1.8.3, and 1.8.4 are
					 added to the vehicular gaseous fuel systems code as follows:
1.8 Prohibitions.
1.8.1 Upon notification by the department a
				  person shall not deliver any regulated substance into a storage system under
				  any circumstances that are prohibited by these rules or when a tank is not in
				  compliance with these rules. The notification may include verbal or written
				  communication or an affixed written notification on the storage
				  system.
1.8.2 A person shall not
				  tamper with, remove, or disregard written notification affixed to the storage
				  system.
1.8.3 Any storage system or
				  practice that is not in compliance with these rules shall be considered to be
				  in violation of these rules.
1.8.4
				  An owner or operator shall not continue to use a storage system that is causing
				  a release and shall expeditiously empty the system or the component that is
				  causing the release until the system is repaired or replaced, pursuant to these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Compressed Natural Gas (CNG) Vehicular Fuel Systems › Part 2 - AMENDMENTS TO VEHICULAR GASEOUS FUEL SYSTEMS CODE › Section R. 29.4754 - Installation application fees and annual certification fees

Current through Vol. 24-12, July 15, 2024
Rule 754. Sections 1.10, 1.10.1, and 1.10.2 are added to
					 the vehicular gaseous fuel systems code as follows: 1.10. Installation
					 application fees and annual certification fees.
1.10.1. Only an owner of a CNG-LNG dispensing
				  station for which an installation application is required to be submitted under
				  section 1.9 of these rules shall be required to pay fees as specified in
				  section 5 of 1941 PA 207, MCL 29.5.
1.10.2. For the purpose of assessing fees,
				  each 18,500 scf storage capacity calculated at standard temperature and maximum
				  allowable working pressure of CNG vessel or increment thereof shall be
				  considered a tank, as used in section 5 of 1941 PA 207, of the Public Acts of
				  1941, as amended, being section
				  29.5
				  of the Michigan Compiled Laws.