reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.405m - Classification of public safety director; requirements; reciprocity

Current through Vol. 24-12, July 15, 2024
Rule 5m.
(1) This
				  rule provides the classification for public safety director pursuant in section
				  9 of the act, MCL 29.369.
(2) If
				  the AHJ expects the public safety director to serve in an operational capacity,
				  that individual must meet the following:
(a)
				  Is certified as a firefighter II or completes the council- approved firefighter
				  II requirements, as specified in
				  R
				  29.405 within 12 months of the date of hire as a
				  public safety director.
(b)
				  Completes the Instructor I course, Fire Officer I course, and Fire Officer II
				  course within 36 months of completing the firefighter II
				  requirements.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.405n - Classification of plans examiner; requirements; reciprocity

Current through Vol. 24-12, July 15, 2024
Rule 5n.
(1) This
				  rule provides the classification for plans examiner pursuant to section 9 of
				  the act, MCL 29.369.
(2) A plans
				  examiner is an individual who completes and passes the NFPA course and
				  examination which covers the skill and knowledge requirements for plans
				  examiner in NFPA 1031, "Standard for Professional Qualifications for Fire
				  Inspector and Plan Examiner," as adopted by reference in
				  R
				  29.410, or the equivalent, as determined by the bureau
				  in consultation with the state fire safety board.
(3) An individual with a valid Pro Board or
				  IFSAC certificate, applying for reciprocity certification, shall comply with
				  all of the following:
(a) Be a member or an
				  employee of a fire department or a public safety department in this
				  state.
(b) Be entered into the
				  bureau's training information network.
(c) Meet the NFPA 1031, "Standard for Fire
				  Inspector and Plan Examiner Professional Qualifications," at the time of
				  issue.
(d) Complete and submit the
				  bureau's Request For Reciprocity Application form, BFS-258.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.405o - Classification of hazardous materials responder; requirements; reciprocity

Current through Vol. 24-12, July 15, 2024
Rule 5o.
(1) This
				  rule provides the classification for hazardous materials responder pursuant to
				  section 9 of the act, MCL 29.369.
(2) A hazardous materials responder is an
				  individual who has passed the council-approved hazardous materials responder
				  operations course and examination, which covers the skill and knowledge
				  requirements for hazardous materials responder operations in NFPA 1072,
				  "Standard for Competence of Responders to Hazardous Materials/Weapons of Mass
				  Destruction Incidents," as adopted by reference in
				  R
				  29.410.
(3) An individual who possesses a Michigan
				  firefighter I with hazardous materials operations certification or a Michigan
				  firefighter I and II with hazardous materials operations certification meets
				  the requirements of hazardous materials responder operations in NFPA 1072,
				  "Standard for Competence of Responders to Hazardous Materials/Weapons of Mass
				  Destruction Incidents," as adopted by reference in
				  R
				  29.410.
(4) An individual shall apply to the bureau
				  on the bureau's Training Certification Application form, BFS-205, before taking
				  the state certification examination
.
(5) An individual with a valid Pro Board or
				  IFSAC certificate, applying for reciprocity certification, shall comply with
				  all of the following:
(a) Be a member or an
				  employee of a fire department or a public safety department in this
				  state.
(b) Be entered into the
				  bureau's training information network.
(c) Meet the NFPA 1072, "Standard for
				  Competence of Responders to Hazardous Materials/Weapons of Mass Destruction
				  Incidents," at the time of issue.
(d) Complete and submit the bureau's Request
				  For Reciprocity Application form, BFS-258.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.405p - Classification of technical rescue responder; requirements

Current through Vol. 24-12, July 15, 2024
Rule 5p.
(1) This
				  rule provides the classification for technical rescue responder pursuant to
				  section 9 of the act, MCL 29.369.
(2) A technical rescue responder is an
				  individual who completes and passes training that covers the skill and
				  knowledge requirements in NFPA 1006, "Standard for Technical Rescue Personnel
				  Professional Qualifications," and NFPA 1670, "Standard on Operation and
				  Training for Technical Search and Rescue Incidents," as adopted by reference in
				  R
				  29.410.
(3) An individual shall apply to the bureau
				  on the bureau's Training Certification Application form, BFS-205, before taking
				  the state certification examination.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.405q - Classification of airport rescue firefighter; requirements

Current through Vol. 24-12, July 15, 2024
Rule 5q.
(1) This
				  rule provides the classification for airport rescue firefighter pursuant to
				  section 9 of the act, MCL 29.369.
(2) An airport rescue firefighter is an
				  individual who completes and passes training that covers the skill and
				  knowledge requirements in NFPA 1003, "Standard for Airport Fire Fighter
				  Professional Qualifications," as adopted by reference in
				  R
				  29.410.
(3) An individual shall apply to the bureau
				  on the bureau's Training Certification Application form, BFS-205, for
				  certification.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.406 - Training on local and regional basis

Current through Vol. 24-12, July 15, 2024
Rule 6.
The council may enter into an agreement with a fire
					 department, a county training committee, or a regional training center to
					 provide training on a regional basis.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.407 - In-service training program

Current through Vol. 24-12, July 15, 2024
Rule 7.
Requirements for in-service training programs are found
					 under the authority of the department of licensing and regulatory affairs,
					 Michigan occupational safety and health administration general industry safety
					 standards, part 74, fire fighting standard,
					 R
					 408.17401 to
					 R
					 408.17464.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 2 - CLASSIFICATIONS › Section R. 29.410 - Adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 10. The following NFPA standards, are adopted by
					 reference in these rules. Copies of the adopted standards are available for
					 review at the office of the Bureau of Fire Services, Michigan Department of
					 Licensing and Regulatory Affairs, 611 West Ottawa Street, Lansing, Michigan
					 48933, or from the National Fire Protection Association, 1 Batterymarch Park,
					 Quincy, Massachusetts 02169, telephone number 1800-344-3555. The cost of each
					 standard at the time of the adoption of these rules is included with the title
					 of each standard. Each standard is available to be viewed online at no cost
					 with an established account at
www.nfpa.org
.
(a) NFPA 1001, Standard for Fire Fighter
				  Professional Qualifications, 2019 edition, chapters 1, 4, 5, and 6, at a cost
				  of $54.50 each.
(b) NFPA 1003,
				  Standard for Airport Fire Fighter Professional Qualifications, 2019 edition, at
				  a cost of $54.50 each.
(c) NFPA
				  1006, Standard for Technical Rescue Personnel Professional Qualifications
,
2021 edition, at a cost of $71.00 each.
(d) NFPA 1021, Standard for Fire Officer
				  Professional Qualifications, 2020 edition, at a cost of $54.50 each.
(e) NFPA 1031, Standard for Professional
				  Qualifications for Fire Inspector and Plan Examiner, 2014 edition, at a cost of
				  $54.50 each.
(f) NFPA 1033,
				  Standard for Professional Qualifications for Fire Investigator, 2014 edition,
				  at a cost of $47.50 each.
(g) NFPA
				  1041, Standard for Fire and Emergency Services Instructor Professional
				  Qualifications, 2019 edition, at a cost of $54.50 each.
(h) NFPA 1072, Standard for Hazardous
				  Materials/Weapons of Mass Destruction Emergency Response Personnel Professional
				  Qualifications, 2017 edition, at a cost of $61.00 each.
(i) NFPA 1670, Standard on Operations and
				  Training for Technical Search and Rescue Incidents, 2017 edition, at a cost of
				  $71.00 each.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 3 - DISCIPLINARY PROCESS › Section R. 29.410a - Disciplinary process

Current through Vol. 24-12, July 15, 2024
Rule 10a.
(1)
				  Pursuant to section 11a of the act, MCL 29.371a, the state fire marshal shall
				  initiate the disciplinary process, which may include suspension or revocation
				  of 1 or more classification certifications issued to an individual, for any of
				  the following reasons:
(a) Conviction of a
				  felony in any state of the United States.
(b) Making a materially untrue
				  statement.
(c) Causing a materially
				  untrue statement to be made.
(d)
				  Committing fraud when applying for any classification certification.
(e) Wrongfully disclosing in any format, such
				  as electronically, verbally, or in writing, any information about an
				  examination that the bureau uses in the examination certification
				  process.
(f) Violating the act or
				  the bureau's rules, policies, directives, or bulletins.
(g) Violating the annual instructor
				  memorandum of understanding (MOU).
(h) Violating any continuing education
				  compliance requirements in R 29.418.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 3 - DISCIPLINARY PROCESS › Section R. 29.410b - Requesting a closed disciplinary hearing

Current through Vol. 24-12, July 15, 2024
Rule 10b.
(1) An
				  individual may request a closed disciplinary hearing.
(2) The council shall conduct a roll call
				  vote on the request for a closed disciplinary hearing. A decision to close the
				  disciplinary hearing shall require a majority vote of the council members
				  present.
(3) If the council votes
				  to move into a closed disciplinary hearing, the meeting shall be cleared of all
				  individuals who are not directly involved in the hearing.
(4) A closed disciplinary hearing shall
				  include only the individual, the individual's legal counsel, witnesses, council
				  members, the state fire marshal or his or her designee, and the council's
				  recording secretary.
(5) The
				  proceedings of the disciplinary hearing shall be recorded digitally by the
				  bureau.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 3 - DISCIPLINARY PROCESS › Section R. 29.410c - Disciplinary hearing procedure

Current through Vol. 24-12, July 15, 2024
Rule 10c.
(1)
				  Council members shall be given the opportunity to review the documentation
				  submitted before proceeding with the disciplinary hearing.
(2) The state fire marshal, or his or her
				  designee, shall present an opening statement and relevant information of the
				  investigative findings to the council, which shall not exceed 20 minutes,
				  including the calling of witnesses.
(3) The individual appealing a disciplinary
				  decision shall present his or her opening statement and relevant information,
				  which shall not exceed 20 minutes, including the calling of
				  witnesses.
(4) Council members may
				  question the individual, witnesses, and the state fire marshal or his or her
				  designee, if further clarification is needed.
(5) The state fire marshal, or his or her
				  designee, shall have 5 minutes to present a summary of the reasons for
				  recommending the suspension or revocation of 1 or more of the individual's
				  certifications.
(6) The individual
				  shall have 5 minutes to present a summary of the reasons why the recommendation
				  for suspension or revocation is unsubstantiated.
(7) The chairperson shall ask all witnesses,
				  the individual, and the individual's legal counsel to exit the closed session,
				  if applicable.
(8) The council
				  shall deliberate to determine if the allegation or allegations against the
				  individual are substantiated or unsubstantiated.
(a) A substantiated allegation or allegations
				  shall result in the suspension or revocation of 1 or more of an individual's
				  certifications, which shall be determined by council.
(b) An unsubstantiated allegation or
				  allegations shall result in the dismissal of the allegation or allegations
				  against the individual.
(c) After
				  the final decision is reached, the council chairperson shall make a motion to
				  adjourn the closed session.
(d) All
				  documentation distributed to the council during the closed session of the
				  disciplinary hearing regarding the investigation shall be collected by the
				  state fire marshal, or his or her designee, to be disposed of pursuant to the
				  state's document retention schedule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 3 - DISCIPLINARY PROCESS › Section R. 29.410d - Decision notification; reinstatement; appeal

Current through Vol. 24-12, July 15, 2024
Rule 10d.
(1)
				  Based upon the motion provided in the closed session, the council chairperson
				  shall request a roll call vote in the open meeting. The decision of the council
				  shall be final.
(2) An individual
				  who has 1 or more certifications suspended as the result of a disciplinary
				  hearing shall meet all the conditions detailed in the suspension including, but
				  not limited to, retraining provisions to reinstate his or her classification
				  certification or certifications.
(3) A suspension, other than a revocation,
				  shall specify requirements that the individual shall complete to reinstate the
				  certification or certifications after the terms of the suspension are
				  met.
(4) The bureau shall retain
				  the documentation from the disciplinary hearing pursuant to the state's
				  document retention schedule.
(5)
				  The decision of the council to suspend or revoke a certification shall be sent
				  via certified mail to the individual and his or her fire chief of record as
				  listed in the training information network.
(6) The decision of the council shall contain
				  notice of the right of interested parties to file an appeal to the Michigan
				  office of administrative hearings and rules (MOAHR) within 28 calendar days of
				  issuance of the council's decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 3 - DISCIPLINARY PROCESS › Section R. 29.411 - Participation at council meetings

Current through Vol. 24-12, July 15, 2024
Rule 11.
Council meetings shall be conducted in accordance with the
					 open meetings act, 1976 PA 267, MCL
					 15.261
					 to MCL
					 15.275.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 4 - TRAINING › Section R. 29.413 - Regional training centers; facilities; approval

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) An
				  applicant shall establish an RTC in a strategic location to support the
				  greatest number of fire departments. An RTC must provide individuals an
				  opportunity to receive pre-service fire training as an RTC student. To
				  establish an RTC, an applicant shall do all of the following:
(a) Complete the bureau's Regional Training
				  Center Advisory Board form, BFS-242.
(b) Establish an advisory committee which
				  includes appointing a chairperson from the RTC staff and may include the county
				  training committee chairpersons from each county that will be served by the
				  RTC.
(c) Complete a needs survey
				  which establishes the fire department training needs of the area and describes
				  how the RTC plans to fulfill those needs. Collect any documentation of support
				  for the need of the new RTC.
(d)
				  Have and be able to maintain the capability to conduct firefighter I and II
				  courses and examinations.
(e) Work
				  with the bureau in training technology development.
(f) Have rooms, facilities, and equipment
				  available to efficiently carry out programs of instruction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 4 - TRAINING › Section R. 29.415 - Alternative learning platforms

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				  state fire marshal, with the approval of the council, may endorse the
				  implementation of alternative learning platforms, including, but not limited
				  to, online learning, distance learning, or similar council approved
				  methods.
(2) An alternative
				  learning platform must be sponsored by a recognized regional training center or
				  requested by a county training committee chairperson. Either entity shall be
				  responsible for instructor training and online delivery support for instructors
				  and students. Alternative learning platforms must utilize a council-approved
				  curriculum electronic learning management system.
(3) The initial delivery of an alternative
				  learning platform shall be a pilot program and be pre-approved by the council.
				  Bureau staff may evaluate the pilot program in order to provide a report to the
				  council. All of the following apply to alternative learning platforms:
(a) Upon review of a report from the
				  instructors and the course manager, including written feedback from all of the
				  instructors and students and a positive recommendation from the regional
				  coordinator, the state fire marshal, with council approval, may approve future
				  courses.
(b) All alternative
				  learning platforms for classification certification shall meet all NFPA
				  standards for that certification.
(c) All alternative learning platforms shall
				  consist of the following:
(i)The same
				  learning objectives as a face-to-face training format.
(ii) A maximum student-to-instructor ratio
				  for hands-on practical components of a course of 5 students to 1
				  instructor.
(iii) A written
				  exam.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 4 - TRAINING › Section R. 29.416 - County training committee; election of chairperson

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) All
				  fire departments and public safety departments that are recognized in the fire
				  service directory and that provide services within a county, shall have the
				  opportunity to participate in their respective county training committee,
				  pursuant to section 11(1)(k) of the act, MCL 29.371, to receive the fireworks
				  safety fees annually from the bureau, as provided in section 14 of the act, MCL
				  29.374.
(2) A county training
				  committee shall consist of 1 member from each recognized fire department and
				  public safety department within the county.
(3) A county training committee shall elect a
				  chairperson each year. Each fire department and public safety department in a
				  county shall have 1 vote when electing the chairperson. The chairperson shall
				  serve for the calendar year beginning April 1 with a term expiring on March 31
				  of the following year.
(4) A county
				  training committee shall notify the bureau of the elected chairperson for the
				  committee by submitting the bureau's County Training Committee Data form,
				  BFS-240, by April 1 of each calendar year.
(5) If a vacancy of the chairperson position
				  occurs, a county training committee shall elect a new chairperson within 30
				  days of the vacancy occurring and shall notify the bureau by submitting the
				  bureau's County Training Committee Data form, BFS-240.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 4 - TRAINING › Section R. 29.417 - Training needs survey

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				  county training committee chairperson shall conduct a training needs survey in
				  April of each fiscal year. The survey shall be presented on the bureau's County
				  Training Committee Training Needs Survey form, BFS-243.
(2) A county training committee chairperson
				  shall compile an aggregate report of the results of the training needs survey
				  including, but not limited to, a list of the fire departments within the county
				  and whether they participated or did not participate in the survey.
(3) A county training committee chairperson
				  shall submit a report to the bureau region coordinator on the bureau's Fire
				  Department Training Needs Survey form, BFS-244, that includes the results of
				  the training needs survey. This report shall be submitted by June 15 of each
				  fiscal year.
(4) If a county
				  training committee chairperson does not submit the results of the training
				  needs survey, this shall result in a delay of the October 1 release each fiscal
				  year of the fireworks safety fees allocated for that county pursuant to section
				  14 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461.
(5) A county training committee chairperson
				  shall designate funding to courses in the bureau training information network
				  by December 31 of each fiscal year.
(6) A county training committee chairperson
				  shall submit to the bureau a detailed list of all allocated courses, including
				  course funding amounts, using fireworks safety funds by January 15 of each
				  fiscal year.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Fighters Training Council › Part 5 - CONTINUING EDUCATION › Section R. 29.418 - Continuing education; requirements

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) An
				  AHJ may exceed the minimum continuing education requirements as specified in
				  this rule while complying with the initial and continuing training requirements
				  in
				  R
				  408.17411.
(2) The continuing education process shall
				  apply to every firefighter in this state. The process shall run in a 3-year
				  cycle beginning October 1 following the state's fiscal year.
(3) All training conducted, documented, and
				  approved by a fire department or a public safety department in this state apply
				  toward the continuing education requirement.
(a) Local AHJ-specific continuing education
				  courses do not require a certified fire instructor.
(b) For continuing education training to
				  apply toward the continuing education requirement, the individual conducting
				  the training shall complete a fire department or a public safety department
				  specific training roster or provide documentation of completion of the training
				  to the student.
(c) If the
				  continuing education course is part of a council-approved course, the training
				  shall be tracked in the bureau's training information network and the student
				  and instructor shall sign the roster for each training session for the
				  course.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Reduced Ignition Propensity Cigarettes › Part 1 - General requirements › Section R. 29.451 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules apply to the registration and
					 enforcement of the sale and distribution of reduced ignition propensity
					 cigarettes in the state of Michigan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Reduced Ignition Propensity Cigarettes › Part 1 - General requirements › Section R. 29.452 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Act" means the fire safety standard and
				  firefighter protection act, 2009 PA 56, MCL 29.491 to 29.511.
(b) "Brand family" means all styles of
				  cigarettes sold under the same trademark and differentiated from one another by
				  means of any and all additional modifiers and includes any brand name, along or
				  in conjunction with any other word, trademark, logo, symbol, motto, selling
				  message, recognizable pattern of colors, or any other indicia of product
				  identification identical or similar to, or identifiable with, a previously
				  known brand of cigarettes.
(c)
				  "Distribute" means to do any of the following:
(i) Sell cigarettes or deliver cigarettes for
				  sale by another person to consumers.
(ii) Receive or retain more than 199
				  cigarettes at a place of business where the person receiving or retaining the
				  cigarettes customarily sells cigarettes or offers cigarettes for sale to
				  consumers.
(iii) Place cigarettes
				  in vending machines.
(iv) Sell or
				  accept orders for cigarettes to be transported from a point outside this state
				  to a consumer within this state.
(v) Buy cigarettes directly from a
				  manufacturer or wholesale dealer for resale in this state.
(vi) Give cigarettes as a sample, prize,
				  gift, or other promotion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Reduced Ignition Propensity Cigarettes › Part 2 - Registration and Certification requirements and procedures › Section R. 29.461 - Registration and Certification requirements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				  cigarette manufacturer shall register cigarettes by brand families and brand
				  styles for 3 years under MCL 29.497 and these rules.
(2) The cigarette manufacturer shall do all
				  of the following:
(a) Identify a responsible
				  individual who is authorized to act for the manufacturer to certify cigarettes
				  that are distributed within the state of Michigan.
(b) Submit a request for FSC packaging mark
				  approval to the state fire marshal under instructions provided by the bureau of
				  fire services available at the bureau website
(
http://www.michigan.gov/documents/dleg/Fire_Safe_Cigarettes_Website_Items_298
					 587_7.pdf
) and in compliance with
					 R 29.463.
(c) Maintain records and submit those records
				  upon request to the State Fire Marshal in accordance with provisions of MCL
				  29.495, Section 5(8).
(d) Submit a
				  written certification attesting that each style of cigarette listed in the
				  certification has been subjected to testing as in MCL 29.495 and meets the fire
				  safety performance standard described in MCL 29.495 not later than the time of
				  application.
(e) Complete and
				  submit the registration application as required by the bureau of fire services
				  at its website at
www.michigan.gov/fscregistration
.
(f) Submit fees required under MCL 29.499 at
				  time of application by electronic transfer, check, money order, or credit
				  card.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Reduced Ignition Propensity Cigarettes › Part 2 - Registration and Certification requirements and procedures › Section R. 29.462 - Brand family re-registration requirements

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1)
				  Manufacturers shall re-register cigarettes every 3 years by brand family and
				  associated brand styles under MCL 29.497 (5) by submitting the required
				  information to the department on forms provided by the department.
(2) The fee for re-registration of each brand
				  family under MCL 29.499 shall be submitted with the application for
				  re-registration. No additional fees are required for cigarette brand
				  styles.
(3) If there is a change in
				  the certified cigarette that no longer meets its "reduced ignition propensity"
				  as previously certified under MCL 29.497 (5), then the brand style shall be
				  removed from the listing as certified and shall not be distributed in the state
				  of Michigan until that brand style has been retested and the brand style has
				  been recertified and re-registered in accordance with procedures established by
				  the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Reduced Ignition Propensity Cigarettes › Part 2 - Registration and Certification requirements and procedures › Section R. 29.463 - Packaging marking requirements; penalties

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1)
				  Manufacturers shall mark all packaging for cigarettes to indicate that
				  cigarettes distributed in this state are fire standard compliant. A
				  manufacturer shall submit a proposal for marking cigarette packaging to the
				  state fire marshal. Proposed packaging marking shall meet the requirements of
				  MCL 29.501 (1) (a) to (c).
(2)
				  Manufacturers shall electronically submit an illustration of their packing
				  marking as in subrule (1) of this rule as a portable document format file (PDF)
				  to the state fire marshal via email at statefiremarshal@michigan.gov for
				  approval. Once approved, a confirmatory email shall be sent to the manufacturer
				  by the state fire marshal. Packaging marking proposals neither approved nor
				  denied by the state fire marshal within 10 business days of receipt are deemed
				  approved.
(3) In determining
				  whether to approve or disapprove a proposal for packaging marking, the state
				  fire marshal shall determine that the marking meets the requirements of MCL
				  29.501.
(4) Violations of subrule
				  (1) of this rule are subject to civil penalties under MCL 29.503.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.501 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules, "act" means 1941 PA 207, MCL 29.1 to 29.34.
(2) "Continuing education point" means 1 hour
				spent in training toward continuing education requirements, excluding time
				spent for lunches, breaks, or other non-training functions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.501a - Adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 1a.
(1) The
				requirements for fire inspector I certification as provided in NFPA 1031
				standard for professional qualifications for fire inspector and plan examiner
				2003 edition, effective August 7, 2003, are adopted by reference in these
				rules.
(2) Copies of the standard
				are available for purchase and download from the NFPA (national fire protection
				association) at a price at the time of the adoption of these rules of $34.50. A
				copy may be ordered online from the NFPA at nfpa.org. Copies of the standard
				are also available for review from the bureau of fire services, FOIA
				Coordinator, P.O. Box 30700, Lansing MI 48913, telephone (517) 241-8847. Copies
				may be purchased from the bureau at the same cost as copyrighted materials from
				the NFPA plus $25 for the cost of shipping and handling.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.502 - Certification requirements

Current through Vol. 24-12, July 15, 2024
Rule 2. To qualify for certification as a certified fire
				  inspector, an applicant shall have met all of the following
				  requirements:
(a) Be at least 18 years
				of age.
(b) Have graduated from an
				accredited high school or have received a general education development test
				certificate from the department of education.
(c) Be able to read and write
				English.
(d) Be of good moral
				character. For purposes of these rules a conviction of a misdemeanor or felony
				which involves theft, dishonesty, or false statement shall be considered as an
				indication that a person is not likely to serve in a fair, honest, and open
				manner.
(e) Have not been convicted
				of any misdemeanor or felony reasonably related to the person's ability to
				perform as a fire inspector.
(f)
				Achieve a score of 75% or better on each examination described in
				R 29.503.
(g) Maintain employment by a governmental
				agency as a fire inspector supervisor or a fire inspector conducting fire
				inspections for not less than 4 hours per week.
(h) Hold an NFPA fire inspector I
				certification, or the equivalent, as determined by the bureau of fire services
				in consultation with the state fire safety board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.502a - Recertification

Current through Vol. 24-12, July 15, 2024
Rule 2a. To be recertified as a state-certified fire
				  inspector, an applicant shall do 1 of the following as appropriate:
(a) Maintain current certification in
				accordance with both of the following:
(i)
				Meet the NFPA Inspector 1 requirements as adopted in
				R
				29.501a, former Michigan state police fire inspector
				training, or other approved program.
(ii) Comply with continuing education as
				required in
				R
				29.506.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.502b - Certification denial; revocation

Current through Vol. 24-12, July 15, 2024
Rule 2b. A state-certified fire inspector shall be subject to
				  denial or revocation of certification for any of the following actions:
(a) Upon request by resolution of a governing
				body of an organized fire department in accordance with MCL 29.2b
				(3).
(b) False registration of
				attendance at any approved certification program.
(c) Conviction of a misdemeanor or felony
				reasonably related to the person's ability to perform as a fire
				inspector.
(d) Failure to report
				all post-certification misdemeanors or felonies to the bureau of fire services,
				as required by
				R 29.505.
(e) Falsification of any certified fire
				inspector documentation.
(f)
				Noncompliance with recertification requirements.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.502c - Appeals process for revocation

Current through Vol. 24-12, July 15, 2024
Rule 2c. If certification is revoked, then the bureau of fire
				  services shall notify the affected party and provide an explanation for the
				  revocation. Applicants may appeal in writing to the state fire marshal for a
				  redetermination within 14 business days of the notification date. Decisions of
				  the state fire marshal may be appealed to the state fire safety board. The
				  direct gubernatorial appointees of the fire safety board may conduct a hearing
				  or refer the matter to the state office of administrative hearings and rules
				  for a hearing pursuant to the administrative procedures act, 1969 PA 306, MCL
				  24.271 to 24.327.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.502d - Review process for denial

Current through Vol. 24-12, July 15, 2024
Rule 2d. If certification is denied, then the bureau of fire
				  services shall notify the affected party and provide an explanation for the
				  denial. Applicants may submit a written request to the state fire marshal for a
				  review within 14 business days of the notification date. Decisions of the state
				  fire marshal may be reviewed by the state fire safety board upon a request for
				  the review by the affected party or parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.503 - Fire inspectors training course and examination; application; selection of applicants for course; course curriculum; preparation of examination; content of examination

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				who desires to participate in the fire inspectors training in subrule (2) of
				this rule or who desires to take the examination offered in subrule (4) of this
				rule shall apply on a form prescribed and furnished by the bureau of fire
				services. The application shall state whether the person desires to participate
				in the fire inspectors training class or take the examination without
				participating in the class. Persons who do not participate in the class but who
				desire to take the examination shall be provided a course outline and a list of
				resource material on which the examination is based. Applications shall be
				received not less than 60 days before the start of the class or, if no class is
				scheduled, 60 days before the date of the examination.
(2) The state fire marshal shall determine
				which persons shall attend a fire inspector training course. A person denied
				the opportunity to attend may request a review of that denial to the state fire
				safety board pursuant to section 3c of the act.
(3) The course in subrule (2) of this rule
				shall conform to a curriculum approved by the state fire safety
				board.
(4) Examinations shall be
				approved by the state fire safety board. The examinations may be given in parts
				and in total shall consist of not less than all of the following categories:
(a) Characteristics and behavior of
				fire.
(b) Fire safety in building
				design and construction.
(c) The
				hazards of occupancies.
(d) Water
				supplies for fire protection.
(e)
				Fire alarm systems and detection devices.
(f) Extinguishing agents.
(g) Water sprinkler systems.
(h) Special fire protection
				systems.
(i) Portable fire
				extinguishers.
(j) Fire hazards of
				materials.
(k) Fire
				investigation.
(l) Hazardous
				materials.
(m) Plan and review of
				blueprints.
(n) Regulations and
				administrative rules pertaining to fire prevention and safety.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.504 - Examination; failure to achieve passing score; reexamination

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person
				who does not achieve a score of 75% or better on each part of the examination
				on his or her first testing may retake that part of the examination at the next
				regularly scheduled examination date.
(2) A person who does not achieve a score of
				75% or better on each part of the examination upon which the person was
				reexamined on his or her second testing may retake that part of the examination
				only after the person attends the applicable part of the course described in
				R 29.503 or receives training which
				the state fire safety board determines equivalent.
(3) A person who does not achieve a score of
				75% or better on each part of the examination upon which the person was
				reexamined on his or her third testing may retake that part of the examination
				only after waiting 2 years after the date of the third testing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.505 - State-certified fire inspector; recordkeeping; responsibility

Current through Vol. 24-12, July 15, 2024
Rule 5. A state-certified fire inspector shall do the
				  following:
(a) Keep track of his or
				her continuing education points on a form prescribed and furnished by the
				bureau of fire services.
(b)
				Furnish documentation of education, experience, and training upon request of
				the bureau of fire services.
(c)
				Complete and submit an application for recertification to the bureau of fire
				services along with evidence of continuing education not already reviewed by
				the bureau of fire services at the end of the 3-year certification
				period.
(d) Report all misdemeanor
				and felony convictions to the bureau of fire services upon
				conviction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.506 - Continuing education

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				Continuing education shall conform to the curriculum established by the fire
				fighters training council, and be approved by the state fire safety board, and
				consist of at least 1 of the following categories:
(a) Inspection practices and
				principles.
(b) Fire safety in
				building design and construction.
(c) Occupancies classifications and
				hazards.
(d) Water supplies for
				fire protection.
(e) Fire alarm
				systems.
(f) Extinguishing
				agents.
(g) Automatic sprinkler
				systems.
(h) Alternative fire
				protection (suppression) systems.
(i) Standpipe systems.
(j) Portable fire extinguishers.
(k) Fire hazards of materials.
(l) Fire investigation.
(m) Hazardous materials.
(n) Plan review.
(o) Legal aspects, including state laws and
				administrative rules pertaining to fire prevention and safety.
(p) Communication (written and
				verbal).
(q) Public fire
				education.
(r) Fire and life safety
				codes or standards.
(s) Personal
				and professional development.
(t)
				Homeland security.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.507 - Delegation of authority

Current through Vol. 24-12, July 15, 2024
Rule 7
(1) An
				organized fire department or governing body seeking endorsement for delegation
				of authority shall submit a request for delegation of authority in the form of
				a resolution from the governing body to the bureau of fire services.
(2) Candidates to whom authority may be
				delegated shall meet all of the following:
(a) Hold current certification as a
				state-certified fire inspector.
(b)
				Successfully complete in-house training developed and conducted by the bureau
				of fire services.
(c) Complete
				continuing education in accordance with
				R
				29.506.
(d) Be employed as a full-time fire
				inspector.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.507a - Issuance of fire inspector certification; issuance of credentials verifying delegation of authority

Current through Vol. 24-12, July 15, 2024
Rule 7a.
(1) The
				state fire marshal shall certify or recertify a person who meets the
				requirements as a certified fire inspector pursuant to section 2b of the act
				and
				R
				29.502 and
				R
				29.502a under the following circumstances:
(a) Certification shall be granted for a
				period of not more than 3 years.
(b) Certification shall expire on December 31
				of the year following adoption of these rules and every 3 years
				thereafter.
(c) As a condition of
				recertification, a certified inspector shall complete the minimum continuing
				education requirements established in R29.506.
(d) The bureau of fire services shall issue
				credentials to a person to whom authority is delegated pursuant to section 2b
				of the act and
				R
				29.507.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › Fire Inspector Certification › Section R. 29.508 - Bureau of fire services; responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				bureau of fire services shall maintain a file of those persons who have been
				certified and shall review certification at least every 3 years for compliance
				with the act and rules promulgated pursuant to the act.
( 2) The bureau of fire services shall
				maintain a file of those persons delegated authority pursuant to section 2b of
				the act and shall review the delegation at least every 2 years for compliance
				with the act and rules promulgated pursuant to the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › State-owned and Leased Buildings Fire Safety › Section R. 29.1501 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules apply to all new and existing business
				  occupancies in buildings that are owned or leased by the state of Michigan and
				  in special structures that are owned or leased by the state of
				  Michigan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › State-owned and Leased Buildings Fire Safety › Section R. 29.1502 - Life safety code; adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 2. The provisions of chapters 1 to 7, 26, 27, 29, 32,
				  and 33 of national fire protection association standard no. 101, 1997 edition,
				  entitled "Life Safety Code," 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 State Fire Safety Board, Office of Fire Safety,
				  Consumer and Industry Services, 7150 Harris Drive, Lansing, Michigan 48909, 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 $48.50 per
				  copy.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Fire Services › State-owned and Leased Buildings Fire Safety › Section R. 29.1503 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 3. As used in these rules:
(a) "Act" means 1941 PA 207, as amended,
				being $29.1 et seq. of the Michigan Compiled Laws.
(b) "Authority having jurisdiction" means the
				director of the Michigan department of consumer and industry services, an
				employee of the department of consumer and industry services appointed by the
				director to implement the act, or an employee of a city, village, or township
				delegated to enforce the code under the provisions of section 2b of the
				act.
(c) "Code" means national fire
				protection association standard no. 101, 1997 edition, entitled "Life Safety
				Code."
(d) "Cosmetic remodeling"
				means surface changes made solely to the wall, floor, and ceiling, that do not
				decrease the fire rating of the wall, floor, or ceiling, including the
				replacement of windows and doors.
(e) "Maintenance" means repairs required to
				keep a building and its component parts in an operative condition at all times,
				including the replacement of component parts, when, for any reason, the
				component parts are no longer dependable. "Maintenance" does not include
				remodeling.
(f) "Remodeling" means
				an alteration or change of fire-rated assembly, or the installation of new
				equipment required by these rules.