pursuant to this act by application to the state fire marshal. the state fire marshal may
make the variation upon a finding that the variation does not result in a hazard to light
or property." the case may not be appealed to the State Fire Safety Board until written
application for a variation has been reviewed and indicted by the State Fire Marshal.
The appeal to the State Fire Safety Board is limited to the circumstances, proposals,
and evidence presented to the State Fire Marshal. The board may only vary rules which
trauma gates and has no authority to vary other rules or laws. A request for an appeal
hearing shall be in writing and shall be delivered to the office of the State Fire Safety
Board, General Office Building, 7150 Harris Drive, Lansing MI 48913, by mail or other
suitable means, subject to the following conditions:
1. The request shall include:
a. A copy of the variation request sent to the State Fire Marshal.
b. A copy of the State Fire Marshal's letter of denial.
c. A concise statement of the reason(s) the State Fire Marshal's application or
interpretation of the rule should be modified.
2. Appeals must be received in the office of the State Fire Safety Board within
sixty days following the date of the State Fire Marshal's letter of denial and not less
than 10 days prior to the board meeting date. Appeals will be scheduled according to
time available at the next scheduled board meeting. Exceptions to the time limitations
may be made, on an individual basis, or unusual circumstances.
3. Upon receipt of a request for appeal, the office of the State Fire Safety Board shall
examine the appeal and determine the following:
a. Whether the board has jurisdiction.
b. Whether the information provided meets the requirements of paragraph 1.If any
information is not provided, or yet the information provided is not clear, the office of
the State Fire Safety Board may require additional information prior to scheduling an
appeal hearing.
4. When a case is determined as meeting the prerequisites and is excepted for
hearing, the appellant shall be so notified by written communication, which shall also
specify the date, time, and location of the hearing.
5. The appellant or a designated representative, except as provided in paragraphs
6 and 7, must be present at the hearing and will be given an opportunity to fully
present the case; except that the board may exclude incompetent, immaterial, or
repetitious evidence.
6. A hearing may be conducted based on written documents presented by the
appellant and/or State Fire Marshal, with no verbal testimony being taken, if this is
agreed to buy the board and interested parties prior to the hearing.
7. If either party fails to appear for schedule appeal hearing, and if no adjournment
has been granted, the board may proceed with the hearing and make its decision in the
absence of the party.
(3) Appendix C reads as follows:
APPENDIX C
SCRIPT FOR APPEAL HEARINGS
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