reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30558 - Preliminary meeting

Current through Vol. 24-12, July 15, 2024
Rule 558. Section 104.2.2 of the code is amended as
				  follows:
104.2.2. Preliminary meeting.
				When requested by the owner or owners agent, the building official shall meet
				with the owner or the owners agent to discuss plans for the proposed work or
				change of occupancy before the application for a construction permit in order
				to establish the specific applicability of the provisions of this code. The
				building official shall notify the appropriate fire official of the meeting.
Exception: Repairs, and alterations level 1.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30559 - Preliminary review

Current through Vol. 24-12, July 15, 2024
Rule 559. Section 104.2.3 is added to the code to read as
				  follows:
104.2.3. Preliminary review.
				When a building permit is required by the code, the owner or owners agent may
				request a review of preliminary construction documents to determine compliance
				with this code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30561 - Accessibility

Current through Vol. 24-12, July 15, 2024
Rule 561. Sections 410.1, 410.6, 410.7, 410.8.2 and 410.8.3
				  of the code are amended as follows:
410.1. Scope. A building, facility, or
				element that has a change in use group or occupancy load or alteration shall
				comply in accordance with the requirements of the utilization of public
				facilities by physically limited, 1966 PA 1, MCL
				125.1351 to
				125.1356 and
				the Michigan building code,
				R
				408.30401 to
				R 408.30499.
410.6. Alterations. A building, facility, or
				element that is altered shall comply with the applicable provisions in chapter
				11 of the Michigan building code and ICC/A117.1 listed in chapter 16, unless
				technically infeasible. When compliance with this section is technically
				infeasible, then the alteration shall provide access to the maximum extent
				technically feasible.
Exceptions:
(1) The
				altered element or space is not required to be on an accessible route, unless
				required by section 410.7 of the code.
(2) Accessible means of egress required by
				chapter 10 of the Michigan building code are not required to be provided in
				existing buildings and facilities.
(3) Buildings, structures, or improved areas
				which exist on or before the effective date of these rules and which are in
				compliance with the code at the time of the issuance of the certificate of
				occupancy unless the alteration specifically modifies an area covered by
				sections 410.6 to 410.8 of the code.
(4) The alteration to type A individually
				owned dwelling units within a group R-2 occupancy shall meet the provisions for
				a type B dwelling unit and shall comply with the applicable provisions in
				chapter 11 of the Michigan building code and ICC/A 117.1 listed in chapter
				16.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30562 - Submittal of documents

Current through Vol. 24-12, July 15, 2024
Rule 562. Section 106.1 of the code is amended as
				  follows:
106.1 Submittal of documents.
				Construction documents, special inspection and structural observation programs,
				investigation and evaluation reports, and other data shall be submitted in 1 or
				more sets with each application for a permit. The construction documents shall
				be prepared by or under the direct supervision of a registered design
				professional when required by 1980 P.A. 299, MCL 339.101 to 339.2721. Where
				special conditions exist, the building official is authorized to require
				additional construction documents to be prepared by a registered design
				professional.
Exception: The building official is authorized to waive the
				  submission of construction documents and other data not required to be prepared
				  by a registered design professional if it is found that the nature of the work
				  applied for is such that reviewing of construction documents is not necessary
				  to obtain compliance with this code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30564 - Elevator control

Current through Vol. 24-12, July 15, 2024
Rule 564. Section 1401.6.14 of the code is amended as
				  follows:
1401.6.14. Elevator control.
				Evaluate the passenger elevator equipment and controls that are available to
				the fire department to reach all occupied floors. Elevator recall controls
				shall be provided in accordance with the Michigan elevator code,
				R
				408.7001 to
				R
				408.8695. Under the categories and occupancies in
				table 1401.6.14, determine the appropriate value and enter that value into
				table 1401.7 under safety parameter 1401.6.14, elevator control, for fire
				safety, means of egress, and general safety. The values shall be zero for a
				single-story building.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30565 - Payment of fees

Current through Vol. 24-12, July 15, 2024
Rule 565. Section 108.1 of the code is amended as
				  follows:
108.1 Payment of fees. The
				fees prescribed by the act shall be paid to the enforcing agency of the
				jurisdiction before a permit to begin work may be issued. In addition, an
				amendment to a permit necessitating an additional fee shall not be approved
				until the additional fee has been paid.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30565a - Smoke alarm reference codes

Current through Vol. 24-12, July 15, 2024
Rule 565a. Sections 402.5, 403.10, 804.4.3, and 1104.1 of the
				  code are amended as follows:
402.5.
				Smoke alarms in existing portions of a building. Where an addition is made to a
				building or structure of a group R or I-1 occupancy, the existing building
				shall be provided with smoke alarms in accordance with the Michigan building
				code.
403.10. Smoke alarms.
				Individual sleeping units and individual dwelling units in group R and I-1
				occupancies shall be provided with smoke alarms in accordance with the Michigan
				building code.
804.4.3. Smoke
				alarms. Individual sleeping units and individual dwelling units in any work
				area in group R and I-1 occupancies shall be provided with smoke alarms in
				accordance with the Michigan building code.
Exception: Interconnection of smoke alarms outside of the
				  work area shall not be required.
1104.1. Smoke alarms in existing portions of
				a building. Where an addition is made to a building or structure of a group R
				or I-1 occupancy, the existing building shall be provided with smoke alarms as
				required by the Michigan building code or the Michigan residential code as
				applicable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30568 - Altered area use and occupancy classification change

Current through Vol. 24-12, July 15, 2024
Rule 568. Sections 110.1 and 110.2 of the code are amended as
				  follows:
110.1. Altered area use and
				occupancy classification change. An altered area of a building shall not be
				used or occupied, and a change in the existing occupancy classification of a
				building or portion thereof shall not be made until the building official has
				issued a certificate of occupancy in accordance with the act. The issuance of a
				certificate of occupancy shall not be construed as an approval of a violation
				of the provisions of this code or of the other ordinances of the
				jurisdiction.
110.2. Certificate
				issued. After the building official inspects the building or structure and
				finds no violations of the provisions of this code or other laws that are
				enforced by the department and all permit and plan review fees are paid, the
				building official shall issue a certificate of occupancy that contains all of
				the following:
(a) The building permit
				number.
(b) The address of the
				structure.
(c) A description of
				that portion of the structure for which the certificate is issued.
(d) A statement that the described portion of
				the structure has been inspected for compliance with the requirements of this
				code for the occupancy and division of occupancy and the use for which the
				proposed occupancy is classified.
(e) The name and signature of the building
				official or designee, registered in accordance with the building officials and
				inspectors registration act, 1986 PA 54, MCL 338.2301 to 338.2313.
(f) The edition of the code under which the
				permit was issued.
(g) The use and
				occupancy, in accordance with the provisions of the Michigan building
				code.
(h) The type of construction
				as defined in the Michigan building code.
(i) The design occupant load.
(j) If an automatic sprinkler system is
				provided, whether the sprinkler system is required.
(k) Any special stipulations and conditions
				of the building permit.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30570 - Board of appeals

Current through Vol. 24-12, July 15, 2024
Rule 570. Sections 112.1 and 112.3 of the code are amended as
				  follows:
112.1. Means of appeal. An
				interested person may appeal a decision of the enforcing agency to the board of
				appeals in accordance with the act. An application for appeal shall be based on
				a claim that the true intent of the code or the rules governing construction
				have been incorrectly interpreted, the provisions of the code do not apply, or
				an equal or better form of construction is proposed. The decision of a local
				board of appeals may be appealed to the construction code commission in
				accordance with the act and time frames.
Exception: Requests for barrier free design exception shall
				  be in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
112.3. Qualification. The board of appeals
				shall consist of members who are qualified in accordance with the act and are
				not employees of the governmental subdivision or the agency enforcing the
				code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30571 - Violation penalties

Current through Vol. 24-12, July 15, 2024
Rule 571. Section 113.4 of the code is amended as
				  follows:
113.4 Violation penalties.
(1) It is unlawful for any person, firm, or
				corporation to violate a provision of this code or fail to conform with any of
				the requirements thereof, or erect, construct, alter, extend, repair, move,
				remove, demolish, or occupy any building, structure, or equipment regulated by
				this code, or cause work to be performed or done in conflict with or in
				violation of the approved construction documents or directive of the enforcing
				agency or a permit or certificate issued under this code.
(2) A violator shall be assessed a fine in
				accordance with the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30572 - Stop work order

Current through Vol. 24-12, July 15, 2024
Rule 572. Section 114.2 of the code is amended as
				  follows:
114.2. Issuance. Notice shall
				be in accordance with the act. A person who is served with a stop work order,
				except for work that the person is directed to perform to remove a violation or
				unsafe condition, is subject to the penalty provisions prescribed in the
				act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30573 - Change of occupancy

Current through Vol. 24-12, July 15, 2024
Rule 573. Section 410.4 of the code is amended as
				  follows:
410.4. Change of occupancy.
				Unless technically infeasible, sections 410.6, 410.7, and 410.8 of the code
				shall be applied in accordance with the utilization of public facilities by
				physically limited, 1966 PA 1, MCL 125.1351 to 125.1356.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30574 - Accessibility

Current through Vol. 24-12, July 15, 2024
Rule 574. Section 705.1 of the code is amended as
				  follows:
705.1. General. A building,
				facility, or element that is accessible shall remain accessible in accordance
				with the requirements of the utilization of public facilities by physically
				limited, 1966 PA 1, MCL 125.1351 to 125.1356, and the Michigan building code,
				R
				408.30401 to
				R 408.30499.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30575 - High-rise buildings

Current through Vol. 24-12, July 15, 2024
Rule 575. Sections 406.1, 602.3, 702.4, and 902.1 of the
				  codeare amended and sections 406.2, 406.3, and 702.5are added to the code to
				  read as follows:
406.1. Replacement
				glass. The installation or replacement of glass shall be as required for new
				installations.
406.2. Replacement
				window opening control devices. In group R-2 or R-3 buildings containing
				dwelling units, window opening control devices complying with ASTM F2090 shall
				be installed where an existing window is replaced and where all the following
				apply to the replacement window:
1. The window
				is operable.
2. The window
				replacement includes replacement of the sash and the frame.
3. The top of the sill of the window opening
				is at a height less than 36 inches (915 mm) above the finished floor.
4. The window will permit openings that will
				allow passage of a 4-inch diameter (102 mm) sphere when the window is in its
				largest opened position.
5. The
				vertical distance from the top of the sill of the window opening to the
				finished grade or other surface below, on the exterior of the building, is
				greater than 72 inches (1829 mm).
The window opening control device, after operation to release
				  the control device allowing the window to fully open, shall not reduce the
				  minimum net clear opening area of the window unit to less than the area
				  required by section 1029.2.
Exceptions:
1.
				Operable windows where the top of the sill of the window opening is located
				more than 75 feet (22.86 m) above the finished grade or other surface below, on
				the exterior of the room, space or building, and that are provided with window
				fall prevention devices that comply with ASTM F2006.
2. Operable windows with openings that are
				provided with window fall prevention devices that comply with ASTM
				F2090.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30576 - Accessibility requirements

Current through Vol. 24-12, July 15, 2024
Rule 576. Sections 1006.1 and 1012.8 of the code are amended
				  as follows:
1006.1. General.
				Accessibility in portions of buildings undergoing a change of occupancy
				classification shall comply with the provisions of section 410.4.
1012.8. Accessibility. A building, facility,
				or element that has a change in use group or occupancy load or alteration shall
				comply with the requirements of the utilization of public facilities by
				physically limited, 1966 PA 1, MCL 125.1351 to 125.1356 and the Michigan
				building code,
				R
				408.30401 to
				R 408.30499.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Rehabilitation Code › Section R. 408.30577 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 577. Sections 806.1 and 906.1 are added to the code and
				  1401.2 and 1401.2.5 of the code are amended as follows:
806.1. General. A building, facility, or
				element that is altered shall comply with section 410.
906.1. General. A building, facility, or
				element that is altered shall comply with section 410.
1401.2. Applicability. Structures existing
				before November 6, 1974, in which there is work involving additions,
				alterations, or changes of occupancy shall be made to conform to the
				requirements of this chapter or the provisions of chapters 5 to 13 of the code.
				The provisions in sections 1401.2.1 to 1401.2.5 shall apply to existing
				occupancies that will continue to be, or are proposed to be, in groups A, B, E,
				F, I-2, M, R, and S. This rule shall not apply to buildings with occupancies in
				group H or I-1, I-3, or I-4.
1401.2.5.
				Accessibility requirements. All portions of the buildings proposed for change
				of occupancy shall conform to the accessibility provisions of section
				410.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1002 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) As
				  used in these rules:
(a) "Act" means Act No.
				  1 of the Public Acts of 1966, as amended, being S125.1351 et seq. of the
				  Michigan Compiled Laws.
(b)
				  "Agency" means a state department, bureau, division, section, board,
				  commission, trustee, authority, or officer created by the constitution,
				  statute, or agency action.
(c)
				  "Applicant" means the owner or the owner's builder, architect, engineer, or
				  agent.
(d) "Appropriate
				  administrative authority" means any of the following:
(i) The department of management and
				  budget.
(ii) The department of
				  education.
(iii) The department of
				  labor.
(iv) A unit of state
				  government which has the duty and responsibility for issuing building
				  permits.
(v) A local unit of
				  government which has the duty and responsibility for issuing building
				  permits.
(e) "Authorized
				  agent" means the personnel assigned to the board pursuant to section 5(11) of
				  the act.
(f) "Barrier free design
				  requirements" means the requirements contained in Act No. 230 of the Public
				  Acts of 1972, as amended, being S125.1501 et seq. of the Michigan Compiled
				  Laws, and the rules promulgated thereunder.
(g) "Board" means the barrier free design
				  board created by section 5 of the act.
(h) "Business day" means any day except
				  Saturday, Sunday, or a state holiday.
(i) "Code" means the state construction code
				  promulgated pursuant to Act No. 230 of the Public Acts of 1972, as amended,
				  being S125.1501 et seq. of the Michigan Compiled Laws.
(j) "Day" means a calendar day.
(k) "Owner" means the person conducting
				  business at the public facility or facility used by the public.
(l) "Party" means a person or agency named or
				  admitted, or properly seeking or entitled of right to be admitted, as a party
				  in a contested case.
(m) "Person"
				  means an individual, partnership, association, corporation, governmental
				  subdivision, or public or private organization of any kind.
(n) "Petitioner" means a person who files a
				  petition to intervene pursuant to
				  R
				  125.1005.
(o) "Presiding officer" means the board or 1
				  or more administrative law judges designated by the board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1004 - Hearing; notice; conduct by presiding officer

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Within
				  10 business days after receipt of an application for exception or complaint of
				  alleged noncompliance, the presiding officer shall give notice of the
				  pre-hearing conference and hearing to the parties and the authorized
				  agent.
(2) The notice of hearing
				  shall comply with the requirements of section 71 of Act No. 306 of the Public
				  Acts of 1969, as amended, being S24.2 71 of the Michigan Compiled
				  Laws.
(3) In addition to the
				  requirements of section 71 of Act No. 306 of the Public Acts of 1969, as
				  amended, the notice shall contain a statement that all hearings shall be
				  conducted in a barrier free location.
(4) A hearing shall be conducted by the
				  presiding officer pursuant to Act No. 306 of the Public Acts of 1969, as
				  amended, being S24.201 et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1005 - Intervention

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				  petition for leave to intervene may be filed at any stage of a proceeding
				  before commencement of the initial hearing.
(2) The petition shall set forth the interest
				  of the petitioner and show that the participation of the petitioner will assist
				  in the determination of the issues in question and that the intervention will
				  not unnecessarily delay the proceeding.
(3) The parties and the authorized agent
				  shall be provided an opportunity to submit briefs on the petition to
				  intervene.
(4) The presiding
				  officer may grant a petition for intervention to such an extent and upon such
				  terms as the board or the presiding officer determines.
(5) The presiding officer shall prepare a
				  report outlining his or her recommended decision on the petition to intervene
				  and the report shall be sent to the petitioner and the parties. Before the
				  board takes action on the report, the petitioner and the parties shall have a
				  minimum of 10 days within which to submit additional written notarized
				  arguments to the board. The board shall review the report and recommendation of
				  the presiding officer regarding the petition to intervene and shall affirm,
				  modify, or deny the report and recommendation. The board shall then remand the
				  matter to the presiding officer for the conduct of a hearing on the exception
				  application with all parties participating, including the petitioner if
				  admitted as a party.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1006 - Statement of position

Current through Vol. 24-12, July 15, 2024
Rule 6. At any time before the commencement of a hearing, a
					 person entitled to appear as a party or an intervener and the authorized agent
					 may file a statement of position with respect to any issue to be
					 heard.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1007 - Withdrawal of request for hearing

Current through Vol. 24-12, July 15, 2024
Rule 7. At any stage of the proceedings, an applicant for
					 exception may withdraw the request for a hearing. The authorized agent shall
					 notify all parties to the exception application of the
					 withdrawal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1008 - Pre-hearing conference

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) At any
				  time before a hearing, the presiding officer, on his or her own motion or a
				  motion of a party, may direct the parties to exchange information or to
				  participate in a pre-hearing conference for the purpose of considering matters
				  which tend to simplify the issues or expedite the proceedings.
(2) The presiding officer may issue a
				  pre-hearing statement which shall include the arrangements reached by the
				  parties. The statement shall be served on the parties and shall be a part of
				  the record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1009 - Failure to appear

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) If a
				  party fails to appear for a hearing or pre-hearing conference after proper
				  notice, that hearing or pre-hearing conference may proceed in the absence of a
				  party. If the applicant or the applicant's representative fails to appear, the
				  presiding officer shall prepare an order dismissing the exception request and
				  shall recommend to the board that the request for exception be
				  denied.
(2) The presiding officer,
				  upon a request filed within 10 days after the scheduled hearing date and upon a
				  showing of good cause, may excuse the failure to appear. If the failure to
				  appear is excused, the hearing shall be rescheduled.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1010 - Transcript of testimony

Current through Vol. 24-12, July 15, 2024
Rule 10. A hearing shall be recorded verbatim. The first
					 party or person requesting a copy of a transcript shall pay the costs of
					 preparing the transcript. Other parties requesting a copy of the transcript
					 after it is prepared shall pay all costs associated with the duplication of the
					 transcripts. If any persons or parties desire a copy of the transcript, the
					 costs of preparing the transcript may be divided among the parties or persons
					 making the request if they agree to share the expense of having the transcript
					 prepared.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1011 - Duties and powers of presiding officer

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				  presiding officer shall conduct a fair and impartial hearing, assure that the
				  facts are fully elicited, adjudicate all issues, and avoid delay.
(2) With respect to cases assigned to him or
				  her between the time the case is assigned and the report is issued subject to
				  the provisions of chapter 4 of Act No. 306 of the Public Acts of 1969, as
				  amended, being S24.271 et seq. of the Michigan Compiled Laws, the presiding
				  officer shall have the powers set forth in section 80 of Act No. 306 of the
				  Public Acts of 1969, as amended, being S24.280 of the Michigan Compiled Laws.
				  The presiding officer shall also have authority to prepare proposed declaratory
				  rulings pursuant to
				  R
				  125.1025.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1012 - Report of presiding officer

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				  presiding officer shall conduct a hearing, in which case such presiding officer
				  shall prepare a written report. The report of the presiding officer shall
				  include statements of fact, including those factors identified in
				  R 125.1014(2), as
				  applicable, conclusions of law, and a recommended decision.
(2) When the report is filed with the
				  authorized agent of the board and the parties, jurisdiction shall rest solely
				  in the board. All motions, petitions, and other pleadings filed subsequent to
				  the filing of the report shall be addressed to the authorized agent.
(3) A party may file comments on, or
				  clarifications or objections to, the report of the presiding officer, including
				  written arguments, with the board. Any comment, clarification, or objection
				  shall be notarized and received by the board's authorized agent before the
				  board meeting.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1013 - Authority of board

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) In
				  reviewing a report of the presiding officer, the board, by concurrence of a
				  majority vote of the members present at the meeting, shall have all the powers
				  which it would have if it had presided at the hearing. The board may affirm,
				  modify, or reverse the presiding officer's determination. In reviewing a
				  proposed declaratory ruling of the presiding officer, the board, by concurrence
				  of a majority of the members present at the meeting, may affirm, modify, or
				  revise the declaratory ruling.
(2)
				  If the board finds that the record is inadequate, the board may order the
				  matter remanded to the presiding officer and shall identify those items upon
				  which additional information is needed.
(3) The board may hear oral
				  argument.
(4) The board, upon
				  request, shall permit a party to submit a brief relative to an issue raised in
				  the matter before it. The board may request briefs from the parties.
(5) A final decision or order shall be made
				  only upon consideration of the record as a whole or such portion thereof as may
				  be cited by a party to the proceeding and as supported by and in accordance
				  with the competent, material, and substantial evidence.
(6) Prior to a final decision, the board, on
				  its own motion or at the request of a party, may order the matter to the
				  presiding officer for rehearing.
(7) After a final decision, the board may
				  order a rehearing in accordance with section 87 of Act No. 306 of the Public
				  Acts of 1969, as amended, being S24.287 of the Michigan Compiled Laws, under
				  the following provisions:
(a) Within 60 days
				  after the issuance of a final order at the request of a party who demonstrates
				  appropriate justification for any of the following reasons:
(i) The exception request has been denied
				  with prejudice based on the fact that the applicant failed to appear at the
				  hearing. The rehearing will only be granted in this case when the applicant
				  demonstrates good cause for having failed to appear.
(ii) The project design has changed and the
				  record upon which the board based its decision is no longer accurate.
(iii) Substantial, relevant information which
				  would have a bearing upon the decision of the board becomes available, when
				  such information was not available at the previous hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1014 - Criteria for final board decisions on exception applications; compelling need

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) All
				  final board decisions on exception requests shall be based on the record and on
				  a finding of fact and conclusion of law that the applicant proves or fails to
				  prove compelling need to warrant an exception from any or all barrier free
				  design requirements. The applicant has the burden of proving that an exception
				  should be granted. An exception is in effect a special license to deviate from
				  rules which have uniform applicability to all facilities. Compelling need may
				  involve exceptional circumstances, such as site limitations, structural
				  limitations, jurisdictional conflicts, or severe economic difficulty.
				  Compelling need may be present if the literal application of a specific barrier
				  free design requirement would result in exceptional, practical difficulty to
				  the applicant. Evidence admitted to prove or refute compelling need shall be
				  governed by rules applicable to a nonjury civil case in circuit court and
				  evidence relied on by a reasonably prudent person in the conduct of his or her
				  affairs.
(2) In addition to section
				  5a(2) of the act, factors which may be considered in determining whether
				  compelling need has been demonstrated include the following, if applicable:
(a) Circumstances which required compliance,
				  such as any of the following:
(i) Use group
				  change.
(ii) New
				  construction.
(iii) Occupancy load
				  change.
(iv) Alteration other than
				  ordinary maintenance.
(v)
				  Addition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1015 - Conduct of the board; decorum; orders

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				  presiding officer at a hearing and the chairperson at a board meeting shall
				  remain impartial and avoid any appearance of partiality. Parties shall be
				  guaranteed their due process and equal protection rights. Parties and board
				  members shall be treated courteously at all times. Inquiries by board members
				  shall be directed through the chairperson and shall not be argumentative. Board
				  members shall not engage in argumentative discussions among themselves in the
				  presence of other persons at the board meeting.
(2) The presiding officer at a hearing and
				  the chairperson at a board meeting shall ensure decorum. Any person, including
				  a board member, may be excluded from the hearing or board meeting or the
				  hearing or board meeting may be adjourned, when necessary, to avoid undue
				  disruption of the proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1016 - Notice of board action

Current through Vol. 24-12, July 15, 2024
Rule 16. After board consideration of a complaint of
					 alleged noncompliance or a request for exception, the board's authorized agent
					 shall notify the parties on behalf of the board of the board action, within 10
					 business days, by preparing a final order, remand order, rehearing order, or
					 other communication to the parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1017 - Complaint; filing; referral; parties

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				  person may file a complaint which alleges noncompliance with the barrier free
				  design requirements with the appropriate administrative authority or directly
				  with the barrier free design board. Within 5 days after receipt of the
				  complaint and before taking direct action, the authorized agent shall make a
				  written acknowledgement of the complaint to the person making the complaint and
				  shall refer the complaint to the appropriate administrative authority
				  requesting an investigation and written response within 15 business days. A
				  complaint may be filed anonymously.
(2) Except in the case of a complaint filed
				  anonymously, the complainant and all other parties shall receive copies of all
				  correspondence and notices throughout the processing of a complaint and shall
				  be notified of the final resolution.
(3) Parties to a complaint shall include all
				  of the following:
(a) The complainant or the
				  complainant's representative, or both.
(b) The owner or the owner's representative,
				  or both.
(c) The appropriate
				  administrative authority.
(d) Any
				  other party who has been admitted after petitioning to intervene pursuant to
				  R
				  125.1005.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1020 - Finding of violation; election of remedies

Current through Vol. 24-12, July 15, 2024
Rule 20. Within 15 business days of receipt of a first
					 notice of violation, the owner may elect 1 of the following remedies:
(a) The owner may concur that a violation
				  exists and agree to begin immediate efforts to correct the violation and notify
				  the appropriate administrative authority and the authorized agent of such
				  action and the date the corrections will be completed. The authorized agent
				  shall work with the appropriate administrative authority to assure that the
				  facility is reinspected to determine compliance. If the complaint was referred
				  by the board, the board shall be notified, in writing, when and how compliance
				  was achieved.
(b) The owner may
				  disagree that a violation exists and may request a hearing to contest the
				  finding of noncompliance. Failure to request a hearing within 15 business days
				  after receipt of the first notice of violation shall constitute a waiver of a
				  right to a hearing. Upon receipt of a request for a hearing, the authorized
				  agent shall notify the office of hearings of the request and the presiding
				  officer shall arrange a hearing date and prepare notices to all parties,
				  including the complainant and the appropriate administrative authority without
				  undue delay. The hearing shall be held pursuant to chapter 4 of Act No. 306 of
				  the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan
				  Compiled Laws;
				  R 125.1004,
				  R
				  125.1005,
				  R
				  125.1006,
				  R
				  125.1008,
				  R
				  125.1009,
				  R
				  125.1010, and
				  R
				  125.1011; and the report issued pursuant to
				  R
				  125.1012.
(c) The owner may agree that a violation
				  exists and submit an application for exception pursuant to
				  R 125.1003 to seek additional time
				  to allow correction efforts to be made or to seek a full exception from the
				  requirements. Failure to submit an application for exception within 15 business
				  days of receipt of the first notice of violation shall constitute a waiver of
				  the right to submit an application for exception.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1021 - Finding of invalidity; complainant rights

Current through Vol. 24-12, July 15, 2024
Rule 21. Within 20 business days of the date of the notice
					 of invalidity, the complainant may elect 1 of the following
					 alternatives:
(a) The complainant may
				  accept the findings. If the authorized agent receives no communication from the
				  complainant within that time frame, it will be presumed that the complainant
				  accepts the findings and the file shall be closed.
(b) The complainant may provide additional
				  information. If the additional information challenges the finding of
				  invalidity, the complaint shall be processed pursuant to
				  R
				  125.1018(2).
(c) A complainant may contest the finding of
				  invalidity and may request a formal hearing to determine the validity or
				  invalidity of the complaint. If the complainant requests a formal hearing, all
				  of the following procedures shall be followed:
(i) Upon receipt of a request for hearing by
				  the complainant, the authorized agent shall notify the office of hearings of
				  the request and the presiding officer will arrange a hearing date and prepare
				  notices to all parties and the authorized agent, without undue delay.
(ii) The hearing shall be conducted pursuant
				  to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being
				  S24.271 et seq. of the Michigan Compiled Laws;
				  R 125.1004,
				  R
				  125.1005,
				  R
				  125.1006,
				  R
				  125.1008,
				  R
				  125.1009,
				  R
				  125.1010, and
				  R
				  125.1011; and a report issued pursuant to
				  R
				  125.1012.
(iii) All parties shall be informed of the
				  board's decision. If the board determines the complaint to be valid and that a
				  violation exists, the complaint shall be processed pursuant to
				  R 125.1019. If the board determines
				  that there is not a violation and that the complaint is invalid, the file shall
				  be closed. If appropriate, a referral shall be made to another agency if the
				  board lacks jurisdiction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1022 - Criteria for final board decisions on complaints of alleged noncompliance

Current through Vol. 24-12, July 15, 2024
Rule 22. All final board decisions on complaints of alleged
					 noncompliance shall be based on the record and on a finding of fact and
					 conclusion of law that a violation exists or does not exist. When the hearing
					 is conducted subsequent to a request made pursuant to
					 R 125.1020(b), the
					 owner has the burden of proving that a violation does not exist. When a hearing
					 is conducted subsequent to a request made pursuant to
					 R 125.1021(c), the
					 complainant has the burden of proving that a violation exists and may request
					 that any investigation report issued pursuant to an investigation conducted in
					 accordance with
					 R 125.1019 is considered and made
					 part of the record. Evidence admitted to prove or refute a finding shall be
					 governed by rules applicable to a nonjury civil case in circuit court and
					 evidence relied on by a reasonably prudent person in the conduct of his or her
					 affairs.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1023 - Ex parte communication

Current through Vol. 24-12, July 15, 2024
Rule 23. In accordance with section 85 of Act No. 306 of
					 the Public Acts of 1969, as amended, being S24.285 of the Michigan Compiled
					 Laws, a board member, the presiding officer, and the authorized agent shall not
					 communicate directly or indirectly with any person or party in connection with
					 any issue of fact or issue of law, except on notice and opportunity for all
					 parties to participate, regarding an exception application or complaint of
					 alleged noncompliance not concluded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1024 - Inspection and reproduction of documents; costs

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1)
				  Subject to the provisions of Act No. 442 of the Public Acts of 1976, as
				  amended, being S15.231 et seq. of the Michigan Compiled Laws, restricting
				  public disclosures of information, a person may, at the offices of the board,
				  inspect and copy a document filed in a proceeding. A person may also request
				  copies of a document by writing to the Barrier Free Design Division, Michigan
				  Department of Labor, State Secondary Complex, 7150 Harris Drive, Box 30015,
				  Lansing, Michigan 48909.
(2) Actual
				  costs of reproduction shall be borne by the person seeking the
				  document.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Barrier Free Design Board › General Rules (Barrier Free Design Board) › Section R. 125.1026 - Amendment or rescission of rules

Current through Vol. 24-12, July 15, 2024
Rule 26. The board may at any time, upon its motion or
					 initiative or upon written suggestion of an interested person setting forth
					 reasonable grounds therefor, propose amendments or rescissions to any of these
					 rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being
					 S24.201 et seq. of the Michigan Compiled Laws, and known as the administrative
					 procedures act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Board of Mechanical Rules › License Examination Procedures › Section R. 338.910 - Rescinded

Current through Vol. 24-12, July 15, 2024
Former
					 R
					 338.901 to
					 R
					 338.914, pertaining to the state plumbing code, were
					 rescinded by
					 R
					 408.30709, effective May 19, 1975.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Board of Mechanical Rules › License Examination Procedures › Section R. 338.912 - Rescinded

Current through Vol. 24-12, July 15, 2024
Former
					 R
					 338.901 to
					 R
					 338.914, pertaining to the state plumbing code, were
					 rescinded by
					 R
					 408.30709, effective May 19, 1975.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Board of Mechanical Rules › License Examination Procedures › Section R. 338.913 - Rescinded

Current through Vol. 24-12, July 15, 2024
Former
					 R
					 338.901 to
					 R
					 338.914, pertaining to the state plumbing code, were
					 rescinded by
					 R
					 408.30709, effective May 19, 1975.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Board of Mechanical Rules › License Examination Procedures › Section R. 338.914 - Rescinded

Current through Vol. 24-12, July 15, 2024
Former
					 R
					 338.901 to R 338.914, pertaining to the state plumbing
					 code, were rescinded by
					 R
					 408.30709, effective May 19, 1975.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Construction Code Commission General Rules › Construction Code › Part 1 - ADMINISTRATION AND ENFORCEMENT › Section R. 408.30101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1)
					 "Act" means Act No. 230 of the Public Acts of 1972, as amended, being
					 SS125.1501 to 125.1531 of the Michigan Compiled Laws.
(2) The terms defined in the act have the
					 same meaning when used in these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Construction Code Commission General Rules › Construction Code › Part 1 - ADMINISTRATION AND ENFORCEMENT › Section R. 408.30111 - Application of rules

Current through Vol. 24-12, July 15, 2024
Rule 111. These rules shall apply to all parts of the
						state except in those areas where governmental bodies have exempted themselves
						from certain parts of this act and the code as provided in section 8(1) of the
						act, except as required by section 8(7) of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Construction Code Commission General Rules › Construction Code › Part 1 - ADMINISTRATION AND ENFORCEMENT › Section R. 408.30114 - Application for state services

Current through Vol. 24-12, July 15, 2024
Rule 114. Where a county or 1 or more of its governmental
						subdivisions can substantiate a claim that administering and enforcing these
						rules will cause certain hardships and undue burdens on the county or
						governmental subdivision, it may apply to the commission pursuant to section 20
						of the act for the services to be provided by the state. The commission may
						arrange for a procedure for applications for permits, plan reviews, issuance of
						permits, inspection services, issuance of certificates of use and occupancy,
						and an appropriate system for fee collection.