reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 2 - LICENSES AND BONDS › Section R. 338.1521 - Applications for licenses

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) If
					 an applicant fails to complete all application requirements, including
					 information requested by the department, and any required examination, within 1
					 year from date of first making application to the department, then the
					 application shall be void and the application processing fee shall be
					 forfeited.
(2) A passing score on
					 an examination, or on a portion of an examination if the examination is given
					 in separate parts, shall be valid for 1 year from the date the examination or
					 portion of the examination was passed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 2 - LICENSES AND BONDS › Section R. 338.1525 - Salesperson's license; identification card; discharge; termination or transfer of salesperson; temporary license for salesperson or salesperson license applicant

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A
					 salesperson shall be licensed under a person holding a license as a builder or
					 contractor, but shall not be licensed under more than 1 builder or contractor
					 during the same period of time.
(2)
					 An application for a salesperson license shall be submitted by the employing
					 builder or contractor. An applicant for a salesperson license who is currently
					 licensed as a residential builder or maintenance and alteration contractor, or
					 has been licensed as a residential builder or maintenance and alteration
					 contractor within the past 3 years, shall not be required to take the
					 salesperson examination.
(3) Upon
					 approval, the department shall issue a license and an identification card
					 containing the name and business address of the salesperson. The card shall be
					 carried by the salesperson and shall be shown as identification to every
					 prospective customer. A salesperson shall not commence work until the builder
					 or contractor under whom the salesperson is licensed receives the salesperson's
					 license and identification card from the department.
(4) When a salesperson licensed under this
					 act is discharged or otherwise terminates employment with the builder or
					 contractor under whom he or she is licensed, the builder or contractor shall
					 return the salesperson's license, and the salesperson shall return the
					 identification card to the department within 5 days from the date of discharge
					 or termination.
(5) When a licensed
					 salesperson transfers employment from the builder or contractor under which he
					 or she is presently licensed to a new employer, the new employer shall submit
					 to the department an application for transfer of the salesperson's license to
					 the new employer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 2 - LICENSES AND BONDS › Section R. 338.1526 - Termination of licenses

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) If
					 a bond is cancelled, a license predicated upon such a bond shall be suspended
					 effective upon the date of cancellation, if the licensee has not replaced the
					 surety or cash bond.
(2) Upon final
					 order of license suspension or revocation, the licensee shall surrender the
					 license to the department within 10 days of the date of suspension or
					 revocation. If the license of a builder or contractor is suspended or revoked,
					 the licenses of salespersons issued under the license of that builder or
					 contractor shall lapse, and licenses shall be surrendered at the same time. Any
					 salesperson may have his or her license transferred to another licensed builder
					 or contractor before the expiration date of the salesperson's
					 license.
(3) If the qualifying
					 officer of a corporation, association, partnership, limited liability company
					 or organization consisting of more than 1 person is a party to events that led
					 to suspension or revocation, any license issued to any other organization where
					 the individual is the qualifying officer shall be suspended or revoked and any
					 license issued to the qualifying officer in an individual capacity shall be
					 suspended or revoked.
(4) A
					 qualifying officer of a company shall notify the department in writing within
					 10 days of ceasing to be the qualifying officer, and shall return the wall
					 license and pocket card of the company.
(5) When a qualifying officer ceases to act
					 as the qualifying officer, and the company intends to continue to operate, the
					 remaining officer, owner, member or partner of the company shall submit a
					 written request to the department to allow the company time to obtain a new
					 qualifying officer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 3 - OPERATIONS OF LICENSEES › Section R. 338.1532 - Advertising

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) A
					 licensee shall include the name, license number, and actual business address,
					 as shown on the license, in all advertising. The use of a telephone or post
					 office box number alone is prohibited. When sales of new homes are being made
					 by a licensed builder, through a licensed real estate broker, advertisements
					 may indicate the broker's name or both the names of the builder and
					 broker.
(2) A licensee shall not
					 solicit any contract for home improvements by a promise to the purchaser or the
					 prospective purchaser of a bonus, whether of merchandise or cash, which is
					 contingent upon the purchaser's or prospective purchaser's using or displaying
					 a dwelling to a third person or upon the licensee's obtaining an order or
					 orders for merchandise or service from a third person.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 3 - OPERATIONS OF LICENSEES › Section R. 338.1533 - Purchase and sales agreements

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) All
					 agreements and changes to the agreements between a builder, or contractor, and
					 the customer shall be in writing and signed by the parties. Copies of all
					 agreements and changes to agreements shall be in writing, and provided to the
					 customer.
(2) The builder or
					 contractor shall make certain that the written agreements clearly state the
					 terms of the transaction, including specifications, and when construction is
					 involved, both plans and specifications, including cost, the type and amount of
					 work to be done, and the type and quality of materials to be used.
(3) If a purchase or sales agreement is for a
					 new structure which is either substantially completed or in substantial
					 conformance with a model, plans and specifications need not be furnished if the
					 structure is specifically identified or related to the model and any changes,
					 additions to or subtractions from the model are specifically agreed to and
					 noted in writing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 3 - OPERATIONS OF LICENSEES › Section R. 338.1534 - Books and records

Current through Vol. 24-12, July 15, 2024
Rule 34. A builder or contractor shall keep and maintain
						a complete, accurate set of books and records
.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 3 - OPERATIONS OF LICENSEES › Section R. 338.1535 - Financial statements

Current through Vol. 24-12, July 15, 2024
Rule 35. Upon notice by the department, a licensee shall
						submit within 30 days sworn financial statement showing the licensee's current
						financial status. The notice for a financial statement may be based upon an
						unsatisfied judgment, a lien filed against the licensee or the department's
						reasonable belief that the licensee does not have the financial resources to
						meet contractual obligations. The department's notice shall be in writing and
						may be served personally on the licensee or by certified mail sent to the
						licensee's last known business address on file with the department. A request
						for an extension of time shall be in writing and may be granted for good and
						sufficient cause.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 3 - OPERATIONS OF LICENSEES › Section R. 338.1536 - Brokerage

Current through Vol. 24-12, July 15, 2024
Rule 36. Acceptance or performance of a contract procured
						by a salesperson not licensed under a builder or contractor, or acceptance or
						performance of a contract, other than the sale of real property, procured by
						anyone not licensed under the act, is prohibited.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 5 - COMPLAINTS AND HEARINGS › Section R. 338.1551 - Complaints; filing

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A
					 complaint must be submitted in a form specified by the department.
(2) Upon receipt of a valid and written
					 complaint, the department shall assign a complaint number, acknowledge the
					 complaint, and forward a copy of the complaint to the licensee. The licensee
					 shall reply to the department within 15 days from receipt of the complaint and
					 shall confirm or deny the justification for the complaint. If a complaint or a
					 portion of the complaint is not acknowledged by the licensee as being
					 justified, then the department shall notify the complainant of the area of
					 disagreement.
(3) If the complaint
					 or the information submitted by the complaining party is incomplete or disputed
					 by the licensee, the department may require the complaining party to furnish
					 additional information. The report must indicate what steps, if any, have been
					 taken by the complaining party, including involvement by any other governmental
					 agency, or any other pertinent information regarding the subject matter of the
					 complaint. Before the department takes any further action, it may obtain a
					 report from local building officials or proper local authorities, and if the
					 department cannot obtain a report from the local building official or proper
					 local authorities, then a person authorized by the department may make an
					 inspection to determine if the complaint is justified.
(4) Failure or refusal by the licensee to
					 correct a structural matter that is materially deficient, dangerous, or
					 hazardous to the owners is presumed to be dishonest or unfair
					 dealing.
(5) All construction,
					 renovations, alterations, or repairs must comply with the Michigan construction
					 code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 5 - COMPLAINTS AND HEARINGS › Section R. 338.1552 - Investigative conferences

Current through Vol. 24-12, July 15, 2024
Rule 52. The department, after investigation, may request
						a licensee to appear at such investigative conference as is necessary to
						determine whether there is cause for complaint which would require a hearing
						on, or dismissal of, the complaint. Notice of a request for a conference shall
						be in writing and mailed to the address appearing on the license not less than
						10 days before the conference and shall set the time and place of the
						conference. The notice shall be recorded in the file at the time of mailing.
						Persons interested shall have the right to appear and be represented by
						counsel. Failure by an individual licensee or qualifying officer of a licensee
						to appear for the conference may be a basis for suspension, revocation or
						denial of a license. The department may grant an adjournment if requested by
						any party to the complaint if the request is made at least 5 days prior to the
						date assigned for the conference.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 5 - COMPLAINTS AND HEARINGS › Section R. 338.1553 - Disposition of complaints; resolution or settlement

Current through Vol. 24-12, July 15, 2024
Rule 53.
(1) A
					 complaint may be resolved or settled prior to a conference and the complaint
					 may be closed by the department. If a complaint is resolved or settled by
					 agreement, the licensee shall notify the department in writing thereof. The
					 department shall then notify the complainant that it has received information
					 that the complaint has been resolved or settled. If the complainant takes issue
					 with the licensee's contention the department may investigate further.
					 Resolution or settlement of a complaint shall not be construed as a waiver by
					 the department of its statutory right to take disciplinary action.
(2) The department may dismiss a complaint on
					 its own motion if it determines that the complaint has been resolved, settled,
					 is without merit, or that there is insufficient evidence of a violation of the
					 act.
(3) If the department, after
					 investigation of a complaint, has reason to believe that a licensee is in
					 violation of the statute or the rules, it may recommend to the director that a
					 hearing be held to show cause why the license should not be suspended or
					 revoked.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 6 - EDUCATION › Section R. 338.1560 - Instructor qualifications

Current through Vol. 24-12, July 15, 2024
Rule 60.
(1) An
					 instructor of prelicensure courses shall possess either of the following
					 qualifications:
(a) Be qualified under the
					 requirements of section 2404b(4) of the Occupational Code, MCL
					 339.2404b(4).
(b) Be qualified by
					 experience, education, or both, to supervise and instruct a prelicensure course
					 required under MCL 339.2404b, including at least 1 of the following:
(i) Properly licensed, certified, or approved
					 instructor at a high school, intermediate school district, community college,
					 university, the bureau of construction codes, the Michigan occupational safety
					 and health administration, other government agency, or a proprietary school
					 licensed by the department.
(ii)
					 Currently licensed as a residential builder or maintenance and alteration
					 contractor with at least 3 years of experience in the subject matter being
					 taught.
(iii) Possess equivalent
					 qualifications or relevant expertise in the subject matter being
					 taught.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 6 - EDUCATION › Section R. 338.1562 - Prelicensure; school, institution, sponsor, or instructor responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 62.
(1) The
					 school, institution, sponsor, or instructor, as determined appropriate by the
					 department, shall do all of the following:
(a)
					 Submit to the department the qualifications of each instructor to be used in an
					 approved prelicensure course not fewer than 60 days before the instructor is
					 scheduled to begin instruction. The department may waive this deadline at its
					 discretion.
(b) Issue a certificate
					 of completion to an applicant who successfully completes an approved
					 residential builder or residential maintenance and alteration course. The
					 certificate shall include all of the following information:
(i) Sponsor name.
(ii) Name of the participant.
(iii) Date course was completed.
(iv) Course name, course approval number, and
					 number of hours approved for each area of competency listed in MCL 339.2404b(1)
					 when applicable.
(v) Signature of
					 course instructor.
(c)
					 Retain all course attendance records for a period of 5 years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 6 - EDUCATION › Section R. 338.1565 - Waiver of continuing competency

Current through Vol. 24-12, July 15, 2024
Rule 65. A request for waiver of continuing competency
						pursuant to section 204(2) of 1980 PA 299, MCL 339.204(2), must be received by
						the department prior to the expiration date of the license
						cycle.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 6 - EDUCATION › Section R. 338.1566 - Distance learning; prelicensure; continuing competency

Current through Vol. 24-12, July 15, 2024
Rule 66.
(1) A
					 distance learning course shall contain all of the following:
(a) A course where instructor and student may
					 be apart and instruction takes place through on-line or electronic
					 media.
(b) A course which includes,
					 but is not limited to, instruction presented through an interactive classroom,
					 job site, computer conferencing, or an interactive computer system and which
					 fulfills the requirements in section 2404b of the act.
(c) Individual modules of interactive
					 instruction which provide access to an instructor, offered through on-line or
					 electronic media.
(d) A list of at
					 least 1 learning objective for each module of instruction. The learning
					 objective or objectives shall ensure the entire content of the course is
					 understood.
(e) A structured
					 learning method that enables the student to attain each learning
					 objective.
(f) A method of
					 assessment of the student's performance during each module of
					 instruction.
(g) A remediation of
					 any student who is deficient in the assessment to repeat the module until the
					 student understands the course content material.
(h) An acceptable method of ensuring that the
					 student achieves the approved hours in the course.
(i) An acceptable method of remedying
					 hardware and software failures.
(j)
					 Documentation demonstrating successful completion of a course.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 338.6101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
					 used in these rules:
(a) "Code" the means
					 public health code, 1978 PA 368, MCL
					 333.1101 to
					 333.25211.
(b) "Department" means the department of
					 licensing and regulatory affairs.
(c) "NCCPA" means the National Commission on
					 Certification of Physician Assistants.
(d) "PA Cert Exam" means the Physician
					 Assistant Entry to Practice Certification Examination.
(e) "PACCC" means the Physician Assistant
					 Certification Council of Canada.
(f) "PANCE" means the Physician Assistant
					 National Certifying Examination.
(g) "Task force" means the joint task force
					 created under section
					 17025 of the code, MCL
					 333.17025.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 338.6103 - Training standards for identifying victims of human trafficking; requirements

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1)
					 Under section
					 17060 of the code, MCL
					 333.17060, an individual seeking
					 licensure or that is licensed shall have completed training in identifying
					 victims of human trafficking that satisfies the following standards:
(a) Training content must cover all the
					 following:
(i) Understanding the types and
					 venues of human trafficking in this state and the United States.
(ii) Identifying victims of human trafficking
					 in healthcare settings.
(iii)
					 Identifying the warning signs of human trafficking in healthcare settings for
					 adults and minors.
(iv) Identifying
					 resources for reporting the suspected victims of human trafficking.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 2 - EDUCATION › Section R. 338.6201 - Educational program standards; adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1)
					 The standards for accrediting educational programs for physician's assistants
					 approved by the Accreditation Review Commission on Education for the Physician
					 Assistant (ARC-PA) in the document entitled "Accreditation Standards for
					 Physician Assistant Education, Fifth Edition," effective September 1, 2020,
					 with clarifications as of March 2022, are adopted by reference. The standards
					 are available at no cost on the commission's website at
http://www.arc-pa.org.
Copies of
					 the standards are also available for inspection and distribution at a cost of
					 10 cents per page from the Michigan Task Force on Physician's Assistants,
					 Bureau of Professional Licensing, Department of Licensing and Regulatory
					 Affairs, P.O. Box 30670, Lansing, Michigan 48909.
(2) Only educational programs for physician's
					 assistants accredited by the ARC-PA are approved physician's assistant
					 educational programs.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 3 - LICENSURE › Section R. 338.6301 - Application for physician's assistant license; requirements

Current through Vol. 24-12, July 15, 2024
Rule 301. An applicant for a physician's assistant
						license shall satisfy the requirements of the code and the rules promulgated
						under the code, as well as all the following requirements:
(a) Provide the required fee and a completed
					 application on a form provided by the department.
(b) Provide proof, as directed by the
					 department, verifying completion of an accredited educational program for
					 physician's assistants that satisfies the standards under
					 R
					 338.6201(1).
(c) Provide proof, as directed by the
					 department, verifying a passing score on the PANCE conducted and scored by the
					 NCCPA.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 3 - LICENSURE › Section R. 338.6305 - Licensure by endorsement; requirements

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) An
					 applicant for a physician's assistant license by endorsement shall satisfy the
					 requirements of the code and the rules promulgated under the code, as well as
					 all the following requirements:
(a) Provide
					 the required fee and a completed application on a form provided by the
					 department.
(b) Provide proof, as
					 directed by the department, verifying a current and full physician's assistant
					 license in another state or a province of Canada.
(c) If the applicant is licensed as a
					 physician's assistant in a province of Canada, provide proof, as directed by
					 the department, verifying that the applicant completed the educational
					 requirements in Canada or the United States for licensure as a physician's
					 assistant in Canada or in the United States.
(d) Provide proof, as directed by the
					 department, verifying a passing score for a physician's assistant license in
					 another state or in a province of Canada, on either of the following
					 examinations:
(i) The PANCE conducted and
					 scored by the NCCPA.
(ii) The PA
					 Cert Exam conducted and scored by the PACCC.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 3 - LICENSURE › Section R. 338.6308 - Relicensure; requirements

Current through Vol. 24-12, July 15, 2024
Rule 308.
(1) An
					 applicant whose physician's assistant license has lapsed may be relicensed
					 within 3 years after the expiration date of the license under section
					 16201(3) of
					 the code, MCL
					 333.16201, if the applicant
					 satisfies the requirements of the code and the rules promulgated under the
					 code, as well as all the following requirements:
(a) Provides the required fee and a completed
					 application on a form provided by the department.
(b) Establishes good moral character as that
					 term is defined in, and determined under, 1974 PA 381, MCL
					 338.41 to
					 338.47.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Task Force on Physicians' Assistants › Task Force on Physician Assistants - General Rules › Part 3 - LICENSURE › Section R. 338.6311 - License renewal; requirements

Current through Vol. 24-12, July 15, 2024
Rule 311. An applicant for license renewal shall satisfy
						the requirements of the code and the rules promulgated under the code, as well
						as provide the required fee and a completed application on a form provided by
						the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 1 - GENERAL PROVISIONSR › Section R. 408.814 - Definitions; waterslide

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
					 "Waterslide" means an inclined, nonmechanical amusement ride that has all of
					 the following characteristics:
(a) Consists of
					 1 or more courses of varying slopes and directions.
(b) Relies on gravity and not a mechanical
					 system to propel its passengers.
(c) Uses water to lubricate the course and to
					 regulate passenger velocity.
(d)
					 Includes a landing area or runout designed to bring riders to a complete stop
					 and allow them to exit the ride in a safe manner.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 1 - GENERAL PROVISIONSR › Section R. 408.815 - Routing sheets

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1)
					 Routing sheets that are in a paper or digital format are required to be
					 submitted to the department by mobile operators at the time of application for
					 a permit or annual renewal of the permit. Routing sheets must include all of
					 the following information:
(a) Specific
					 address where the rides will be set up.
(b) Setup dates of the rides.
(c) Operation dates of the rides.
(d) Number of amusement devices on site, if
					 available.
(e) Specific amusement
					 devices on site, if available.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 1 - GENERAL PROVISIONSR › Section R. 408.816 - Operational training and emergency response training forms

Current through Vol. 24-12, July 15, 2024
Rule 16. Forms to track training for staff operating
						devices must comply with all of the following:
(a) Be made available to the department on
					 request.
(b) Be maintained in a
					 digital format that contains all of the information that is included in the
					 paper forms and made available to the department digitally upon
					 request.
(c) Contain all of the
					 following:
(i) The name of company.
(ii) The name of the device.
(iii) The state issued device
					 number.
(iv) The staff member or
					 members that have been trained.
(v)
					 The date when the training was conducted.
(vi) The name of the trainer.
(vii) The training curriculum.
(viii) The signature of the trainer and the
					 staff that were trained.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.828 - Safety stop circuits

Current through Vol. 24-12, July 15, 2024
Rule 28. Interruption of normal operation by a safety
						device or through loss of power shall require manual restarting by the
						operator. Safety stop circuits shall not be bypassed during
						operation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.829 - Seating and carrying devices

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1)
					 Tubs, cars, chairs, seats, gondolas, and other carriers used on a ride must be
					 designed and constructed as strong as practical. A ride's interior and exterior
					 parts that passengers might come in contact with must be smooth, rounded, free
					 from sharp, rough, or splintered edges or corners, and have no protruding
					 screws or projections that might cause injury. Parts that passengers might be
					 thrown on or against by action of the ride must be adequately padded to prevent
					 or minimize the possibility of injury. The upholstery must be kept in repair,
					 and no loose or flapping portions of upholstery or decoration are
					 allowed.
(2) Propellers or other
					 moving parts or decorations attached to tubs, cars, chairs, seats, gondolas,
					 and other carriers must be securely fastened to this equipment and must be
					 keyed or otherwise secured so that they cannot come off during operation of the
					 ride. Vanes, canopies, or other attachments that might become disengaged must
					 be secured with safety straps to prevent them from flying away in case of
					 breakage or dislocation.
(3) If a
					 device on a ride is shown to have a deficiency or require repairs in the ride's
					 tubs, cars, chairs, seats, gondolas, or other carriers used, the ride will be
					 considered noncompliant as a whole and must not operate until returned to
					 compliance based on the number of carriers on the device as follows:
(a) For devices with 10 or fewer carriers,
					 the ride, as a whole, will be considered noncompliant and must not operate if
					 50% or more of the carriers are found deficient.
(b) For devices with more than 10 carriers,
					 the ride, as a whole, will be considered noncompliant and must not operate if
					 25% or more of the carriers are found deficient.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.831 - Safety retainers

Current through Vol. 24-12, July 15, 2024
Rule 31. Tubs, cars, chairs, seats, gondolas, and other
						carriers used on a ride that depends on a single means of attachment or support
						must be equipped with a safety retainer to prevent the carrier, if it becomes
						disengaged from its support or attachment, from being catapulted from the ride
						and to prevent any action of the carrier that might throw the occupants from
						the carrier while the ride is in motion. This rule only applies to rides or
						situations determined to be hazardous after inspection by an authorized
						representative of the department and review of the
						conditions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.832 - Permit-inspection decal

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1)
					 After a ride has been inspected and authorized for operation, the department
					 shall issue a permit-inspection decal that must be affixed to a basic part of
					 the ride structure in such a manner as to be readily accessible to the
					 authorized inspector. The permit-inspection decal must display the
					 identification number issued by the department for the individual ride and
					 other information considered necessary by the department.
(2) If the ride is transferred to another
					 owner or operator, sold, rebuilt or undergoes major alterations, it must be
					 reinspected. After completion of the inspection, a new permit-inspection decal
					 must be issued.
(3) If a ride is
					 transferred to another owner or operator or is sold, the permitinspection decal
					 shall be obliterated by the owner or operator before the transfer or
					 sale.
(4) If a permit-inspection
					 decal is mutilated so that it is no longer legible, the operator shall notify
					 the department and a new permit-inspection decal must be issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.834 - Wire rope

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) The
					 owner/operator or person designated by the owner/operator shall thoroughly
					 examine wire rope. Wire rope found to be damaged shall be condemned and
					 replaced with new rope of proper design and capacity. Any of the following
					 conditions shall be cause for rope replacement:
(a) In running ropes, 6 randomly distributed
					 broken wires in 1 rope lay, or 3 broken wires in 1 strand in 1 rope lay. A rope
					 lay is the length along the rope in which 1 strand makes a complete revolution
					 around the rope.
(b) In pendants or
					 standing ropes (ropes bearing the entire load and subjected to constant
					 pressure and surge shocks), evidence of more than 1 broken wire in 1 rope
					 lay.
(c) Abrasion, scrubbing, or
					 peening causing loss of more than 1/3 of the original diameter of the outside
					 wires.
(d) Severe
					 corrosion.
(e) Severe kinking,
					 severe crushing, or other damage resulting in distortion of the rope
					 structure.
(f) Heat damage
					 resulting from a torch or arc caused by contact with electrical
					 wires.
(g) Reduction from normal
					 diameter of more than 3/64 inch for diameters up to and including 3/4 inch;
					 1/16 inch for diameters 7/8 inch to 1-1/8 inches; 3/32 inch for diameters 1-1/4
					 inches to 1-1/2 inches. Marked reduction in diameter indicates deterioration of
					 the core resulting in lack of proper support for the load-carrying strands.
					 Excessive rope stretch or elongation may be an indication of internal
					 deterioration.
(h) Bird-caging or
					 other distortion resulting in some members of the rope structure carrying more
					 load than others.
(i) Noticeable
					 rusting or development of broken wires in the vicinity of attachments. If this
					 condition is localized in an operating rope, the section in question can be
					 eliminated by making a new attachment. This may be done rather than replacing
					 the entire rope.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.835 - Wooden components

Current through Vol. 24-12, July 15, 2024
Rule 35. Footings, splices, uprights, track timbers,
						ledgers, sills, laps, bracing, flooring, and all other wooden components of
						rides, and structures shall be inspected for deterioration, cracks, or
						fractures. Wooden members found to be defective shall be replaced with material
						of equal or greater strength and capacity. Repairs and replacements to fixed
						roller coasters shall be made in accordance with the recommendations of the
						manufacturer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.837 - Ride location

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) A
					 ride shall be placed on solid footings and shall be secured to prevent
					 shifting, tipping, swaying, or erratic motion. The provision pertinent to
					 erratic motion or sway does not apply to a ride designed to permit flotation
					 characteristics or flexibility. Use of shim blocks shall be kept to a minimum.
					 Depressions in the ground near the ride footings shall be filled and tamped and
					 adequate means of drainage shall be provided to prevent water from collecting
					 and softening supporting areas. The area surrounding the ride shall be clear
					 and shall be kept free from trash and tripping hazards.
(2) A fixed ride permanently erected in an
					 amusement park shall be set on properly designed and constructed foundations or
					 footings and shall be secured to these footings in a manner to prevent
					 shifting, tipping, swaying, or erratic motion. The provision pertinent to
					 erratic motion or sway does not apply to a ride designed to permit flotation
					 characteristics or flexibility.
(3)
					 A ride shall not operate at 1 location for more than 30 days unless either
					 approved foundations or footings are installed, according to the
					 recommendations of the manufacturer.
An obvious error
						in R 408.837 was corrected at the request of the promulgating agency, pursuant
						to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
						containing the error was published in Michigan Register, 2003 MR 1. The
						memorandum requesting the correction was published in Michigan Register, 2003
						MR 2
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.838 - Leveling and alignment

Current through Vol. 24-12, July 15, 2024
Rule 38. Corner posts, central columns, or support
						structures of a ride designed to operate on a perpendicular axis shall be plumb
						and secured so that the path of the sweeps or platforms shall be level and
						operate on a true horizontal plane at right angles to the axis of the pivot. A
						ride with carriers designed to operate on a horizontal axis shall be leveled so
						that the carriers orbit in a true perpendicular plane. The base of a ride that
						has a combination of orbiting planes or a ride that has carriers that operate
						normally in a plane other than true horizontal or vertical shall be leveled and
						plumbed and secured so that they will not tip or shift and will be stable under
						the most adverse operating conditions, except for a ride designed to permit
						flotation characteristics or flexibility or designed to operate properly
						whether the base is plumb or level or not.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.839 - Gravity rides

Current through Vol. 24-12, July 15, 2024
Rule 39. In addition to complying with other applicable
						rules, gravity rides must comply with all of the following;
(a) The frequency of departure of carriers
					 from the loading area must be controlled by a ride operator. The minimum
					 distance or time between departures must be determined by the manufacturer or
					 designer of the device.
(b) The
					 ride must have an operator located at the loading area and an attendant at the
					 unloading area.
(c) If the entire
					 ride is not visible to the operator, then additional attendants shall be
					 located at other stations along the ride to ensure complete surveillance of the
					 entire ride. Two-way communication must be provided between the operator and
					 other attendants of the ride.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.841 - Hazardous conditions

Current through Vol. 24-12, July 15, 2024
Rule 41. During a lightning storm, high-wind storm, a
						period of tornado alert or warning, or fire, or when violence, riot, or other
						civil disturbance occurs or threatens to occur in an amusement park, a carnival
						lot, or in an adjacent area, passengers shall be evacuated from a ride and the
						ride shall be shut down and secured immediately. Operation shall not resume
						until the situation has returned to a normal, safe operating
						condition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.844 - Mechanical failure reports

Current through Vol. 24-12, July 15, 2024
Rule 44. The owner or operator of a carnival-amusement
						ride shall report a major breakdown to the department within 24 hours after the
						occurrence of the incident by telephone or other means of immediate
						communication. The owner or operator shall confirm this report using the form
						provided by the department. This report must be forwarded to the department
						within 7 days after the occurrence of the reportable incident. After being
						advised of a major breakdown, the department may require that the scene of an
						accident or major breakdown, or both, be secured and not disturbed to any
						greater extent than necessary for removal of the deceased or injured
						individuals. The department may order an immediate inspection of the secured
						site and the ride must be released for repair and operation only after the
						inspection is completed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.846 - Fire prevention and protection

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1) An
					 owner/operation shall be responsible for the establishment of fire prevention
					 procedures and emergency control measures. Fire prevention procedures shall
					 include the treatment of fabrics and flammable structural materials, the
					 location and identification of means of egress, and other control measures or
					 procedures to assure the safety of a person frequenting an amusement park or
					 carnival.
(2) An owner/operator
					 shall provide covered metal containers for flammable waste, such as oily rages
					 and other flammable materials, which shall be kept in easily accessible
					 locations. Such containers shall be located so that they do not obstruct means
					 of ingress or egress or aisles.
(3)
					 An owner/operator shall provide and maintain portable fire extinguishers of the
					 classification, capacity, and number prescribed by the department.
(4) An owner/operator shall store and handle
					 liquid petroleum gases employed as fuel for internal combustion engines, for
					 heat, or for illumination in a manner approved by the department.
(5) An owner/operator shall store and handle
					 flammable liquids in a manner approved by the department. Bulk storage
					 (quantities of more than 60 gallons) shall not be permitted in the area
					 accessible to the public.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.848 - Control and operation

Current through Vol. 24-12, July 15, 2024
Rule 48. An operator shall have knowledge of the use and
						function of normal operating controls, signal systems, and safety devices
						applicable to the ride and of the proper use, function, capacity, and speed of
						the particular ride at all times that it is being operated. When the ride is
						shut down, provision must be made to prevent the ride from being operated by
						the public. An individual other than a trained operator shall not be permitted
						to handle the controls of a ride during normal operation, except where the ride
						is designed to be controlled by the passenger.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 2 - DESIGN, CONSTRUCTION, AND OPERATION › Section R. 408.854 - Illumination

Current through Vol. 24-12, July 15, 2024
Rule 54.
(1)
					 Adequate illumination shall be provided for operation, adjustment, maintenance,
					 assembly, and disassembly operations and inspection of a ride.
(2) Adequate illumination shall be provided
					 at all regular and emergency exits of a ride operated in an enclosed area so
					 that safe egress from the area is assured.