RFR – Page 2
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Section 9(1) of the Act, MCL 29.369(1), requires the State Fire Marshal, with the approval
of the majority of the Council, to prepare and publish rules that establish minimum
standards for certification as a fire service member.
Section 11(1)(k), MCL 29.371(1)(k) permits the Council, under the direction of the State
Fire Marshal, to promulgate rules for the development, conduct, and responsibilities of a
county training committee in each county in the state.
Section 11a, MCL 29.371a, requires the State Fire Marshal, with the approval of the
Council, to promulgate rules establishing a disciplinary process for the suspension or
revocation of certification and any necessary retraining requirements to maintain or restore
certification after a suspension or revocation for a fire service member for one or more of
the following: (a) conviction of a felony; (b) making a materially false statement, causing a
materially false statement to be made, or otherwise committing fraud during the application
for certification process; or (c) violating council and fire marshal-adopted policies
regarding a fire service member’s use of the fire marshal’s training information network
because the fire service member wrongfully disclosed exam information from the fire
marshal’s information network.
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Section 16 of the Act, MCL 29.376, requires the Council to adopt rules and regulations in
accordance with the Administrative Procedures Act, MCL 24.201 to 24.328, to carry out its
duties under the Act.
6. Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations,
compliance requirements, or other standards adopted at the state, regional, or federal level.
Include applicable public act and statutory references.
The Firefighters Training Council Act was recently updated to reflect the addition of job positions
and classifications present in the fire service that are not included in the current rules. The Act
allows for the Michigan Firefighters Training Council and the Fire Marshal to develop
certifications for all classifications within public safety and fire departments and to create and
implement a certification process. The Act also requires the Fire Marshal to recognize training
from other states and the military for those who seek reciprocity in Michigan.
The current rules will be revised to adopt by reference standards of the National Fire Protection
Association on professional qualifications for various job positions and classifications. In addition,
the rules will note that certification for each position with the fire service will have to comply with
the Michigan Occupational Safety and Health Administration General Industry Safety Standard, R
408.17411 of the Michigan Administrative Code, as required in Section 2(c)(i) of the Act, MCL
29.362(c)(i).
The proposed rules will not conflict with, duplicate, or exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional or federal level.
7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook,
instructional bulletin, form with instructions, or operational memo?
No, the subject matter of these rules is not currently contained in any guidance, handbook,
manual, instructional bulletin, form with instructions, or operational memo.
8. Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full
rulemaking process:
Revised: January 21, 2019
MCL 24.239