DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES  
OFFICE OF STATE FIRE SAFETY BOARD  
ORGANIZATION, OPERATION, AND PROCEDURE  
(By authority conferred on the state fire safety board by sections 3b, 3c, and 3d of  
Act No. 207 of the Public Acts of 1941, as amended, Act No. 306 of the Public Acts of  
1969, as amended, and Act No. 267 of the Public Acts of 1976, as amended, being  
SS29.3b, 29.3c, 29.3d, S24.201 et seq., and S15.261 et seq. of the Michigan  
Compiled Laws)  
PART 1. GENERAL PROVISIONS  
R 29.3101 Applicability.  
Rule 101. (1) These rules apply to the board, a member, and the staff in the  
performance of duties prescribed by the act.  
(2) Fire safety rules developed, adopted, and promulgated, and a hearing,  
review, and rendering of a decision of any contested case, a fire safety rule, or a ruling  
of the state fire marshal in his interpretation or application of the rules, shall be in  
compliance with Act No. 306 of the Public Acts of 1969, as amended, being S24.201  
et seq. of the Michigan Compiled Laws.  
History: 1981 AACS.  
R 29.3103 Definitions.  
Rule 103. (1) As used in these rules:  
(a) "Act" means Act No. 207 of the Public Acts of 1941, as amended, being  
S29.1 et seq. of the Michigan Compiled Laws.  
(b) "Board" means the state fire safety board.  
(c) "Member" means an appointed member of the state fire safety board.  
(d) "Staff" means the department of civil service classified personnel employed  
by the board.  
(2) Terms defined in Act No. 306 of the Public Acts of 1969, as amended, being  
S24.201 et seq. of the Michigan Compiled Laws, have the same meaning when used in  
these rules.  
History: 1981 AACS.  
PART 2. ORGANIZATION AND OPERATION  
R 29.3201 Board; election of officers; quorum; voting; presiding officer.  
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Rule 201. (1) During the month of December each year, the board shall elect a  
chairperson, vice chairperson, and board secretary to serve during the following  
calendar year.  
(2) The chairperson shall be elected on the basis of his or her ability to preside.  
(3) The chairperson or a designee shall preside over regular and special meetings.  
(4) If the chairperson temporarily vacates the chair or is absent for any reason,  
the vice chairperson shall preside, discharging the responsibilities and duties and  
exercising the rights of the elected chairperson.  
(5) If the chairperson temporarily vacates the chair or is absent, and the vice  
chairperson is also absent, the board  
secretary  
shall  
preside, discharging the  
responsibilities and duties and exercising the rights of the elected chairperson.  
History: 1981 AACS.  
R 29.3203 Operation; staff.  
Rule 203. (1) The executive secretary shall be a department of civil service  
classified employee with title and civil service status as recommended by the  
department of state police and as authorized by the department of civil service.  
(2) The executive secretary shall be accountable to the board only, but shall be  
subject to the administrative policies and procedures of the department of state  
police.  
(3) The executive secretary shall administer the in-house operations of the board  
office and staff.  
(4) The executive secretary shall carry out the procedures, policies, and  
directives necessitated or authorized by board action.  
(5) The executive secretary shall develop and process the board's proposed  
administrative rules in accordance with the act and Act No. 306 of the Public Acts of  
1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.  
(6) The commanding officer of the fire marshal division shall approve absence  
from duty by the executive secretary for purpose of annual leave, sick leave, or  
administrative leave in accordance with department of state police official orders.  
History: 1981 AACS.  
PART 3. PROCEDURES  
R 29.3301 Meetings and hearings; procedure.  
Rule 301. (1) A regular board meeting shall be scheduled for  
Wednesday of the month and may continue through the following day.  
the  
third  
(2) After the chairperson has called a regular meeting to order, he or she shall  
authorize the prepared agenda or shall authorize the updating of the prepared agenda.  
(3) After the chairperson has called a special meeting to order, he or she shall  
declare the matter of business being the reason for the special meeting and shall not  
permit action on a matter other than that for which the meeting was called.  
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(4) The chairperson shall maintain order and control presentations of evidence  
and testimony so that the proceedings may be recorded accurately and chronologically.  
(5) A person who desires to address the board at a meeting shall be required to  
provide his or her name prior to making his or her statement.The subject to be discussed  
shall also be made known so that it may take its appropriate place on the agenda;  
except that if the person desires, he or she may refrain from stating the subject and may  
address the board at the general public input portion of the meeting. Presentations  
covered by this subrule shall be limited to 10 minutes' duration which may be  
extended by the chairperson.  
(6) The chairperson may declare a recess during a regular or special meeting.  
(7) The chairperson or a board member may temporarily vacate the chair if he or  
she is a principal or has an interest in the case or its conclusion.  
(8) In the absence of the executive secretary during a meeting or a hearing, the  
board secretary shall assist a recording secretary in recording the proceedings of  
the meeting or hearing.  
(9) In the absence of a recording secretary during a meeting or a hearing, the  
board secretary shall assist the executive secretary in recording the proceedings of  
the meeting or hearing.  
History: 1981 AACS.  
R 29.3303 Procedures; executive secretary.  
Rule 303. (1) The executive secretary shall  
continually  
analyze  
the  
organization, operation, and procedure of the board and, when necessary, shall  
recommend appropriate changes.  
(2) The executive secretary is responsible for the management of the office, the  
staff, the business of the board, and actions taken by the board that are not  
inconsistent with these rules.  
(3) The executive secretary may participate in any activity within this state that is  
essential to the discharge of his or her responsibilities and duties, and shall recover  
incurred travel expense.  
History: 1981 AACS.  
R 29.3305 Procedures requiring board action.  
Rule 305. (1) The approval of the minutes of regular or special meetings requires  
board action.  
(2) Conclusions regarding existing and proposed fire safety rules, emergency  
fire safety rules, and board position letters require board action.  
(3) Formal action in a contested case requires board action.  
(4) The board shall consider and may authorize a request for increased office  
staffing.  
(5) The board shall consider and may authorize the involvement of the executive  
secretary in the determination of applicants' qualifications, the selection of qualified  
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applicants, and the assignment of duties and responsibilities to staff that fill vacated  
office staff positions and additional office positions.  
History: 1981 AACS.  
R 29.3307 Meeting agenda and minutes.  
Rule 307. (1) The executive secretary shall forward an agenda scheduling all  
business, hearings, and guest appearances, along with pertinent materials regarding  
scheduled contested cases and materials pertaining to the scheduled items, to each  
board member not later than 7 days prior to a regular meeting.  
(2) The agenda shall be in a format and order to facilitate the proper and orderly  
conduct of a board meeting by the presiding official. See appendix A in R 29.3501  
for agenda format.  
(3) The executive secretary report on the agenda of  
a
regular meeting shall  
contain any invitations extended to a member or the executive secretary to appear  
and represent the board.  
(4) The executive secretary report on the agenda of  
contain announcements of interest to the members.  
a
regular meeting shall  
(5) The minutes of a regular board meeting shall indicate the time, date, and  
location of the meeting; the official presiding; the members present; the members  
absent; the action taken on the minutes of the previous regular meeting; the action  
taken on the minutes of a previous special meeting, if held; and, a listing of each item  
on the agenda, along with a summary of the testimony, evidence, deliberations, and a  
verbatim account of all motions, listing the vote of each member.  
(6) The minutes of a regular board meeting shall be forwarded to each member  
and recipient authorized by the board prior to the next regular board meeting. Recipients  
authorized by the board include designated staff members of the fire marshal division  
of the department of state police and others the board may deem advisable.  
History: 1981 AACS.  
R 29.3309 Appeal procedure; contested cases.  
Rule 309. A request for the hearing of a contested case shall comply with the  
appeal request procedure. See appendix B in R 29.3501.  
History: 1981 AACS.  
R 29.3311 Hearing procedure; contested cases.  
Rule 311. (1) The hearing of a contested case shall be conducted in compliance  
with appendix C in R 29.3501.  
(2) The chairperson shall preside over the hearing, except as provided in  
R 29.3201(3) and (4).  
(3) A copy of the determination shall be forwarded by certified mail forthwith to  
the appellant and a copy shall be forwarded to each of the other principals in the case.  
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(4) The executive secretary shall cause a recording of the contested case hearing  
proceedings to be made. A written transcript shall not be prepared unless ordered by the  
board or requested by 1 of the parties. A fee may be charged for preparing the  
transcript.  
History: 1981 AACS.  
R 29.3313 Administrative rules; review, development, and processing; hearing  
official.  
Rule 313. (1) The administrative rules for fire safety authorized by the act shall be  
continually reviewed by the executive secretary to determine their validity under  
current circumstances.  
(2) Administrative rules for fire safety that are the subject of appeals shall be  
reviewed periodically by the executive secretary and a record of the frequency of the  
involvement of a rule shall be maintained to ascertain the adequacy, applicability,  
and validity of the rule.  
(3) The executive secretary is designated as the hearing official and shall  
conduct public hearings in compliance with the applicable provisions of chapter 3 of Act  
No. 306 of the Public Acts of 1969, as amended, being SS24.231 to 24.264 of the  
Michigan Compiled Laws, unless determined otherwise by action of the board.  
History: 1981 AACS.  
R 29.3315 Position letters.  
Rule 315. The board may, upon request or at its own initiative, issue position  
letters clarifying the intent of a promulgated rule or establishing its position on a  
particular subject. Position letters issued during a calendar year shall be numbered  
sequentially.  
History: 1981 AACS.  
R 29.3317 Records; retention and disposal.  
Rule 317. Records made by the board shall be maintained at the office of the board  
as directed by the board and in compliance with the retention and disposal schedule of  
the department of management and budget, office services division, state records and  
publications center.  
History: 1981 AACS.  
PART 4. PUBLIC INSPECTION  
R 29.3401 Public inspection.  
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Rule 401. Rules, minutes, and other documents shall be available for inspection  
in compliance with Act No. 306 of the Public Acts of 1969, as amended, and Act No.  
267 of the Public Acts of 1976, as amended, being S24.201 et seq. and S15.261 et  
seq. of the Michigan Compiled Laws.  
History: 1981 AACS.  
PART 5. APPENDICES  
R 29.3501 Appendices A, B, and C.  
Rule 501. (1) Appendix A reads as follows:  
APPENDIX A  
AGENDA  
1. Start of meeting - review agenda  
2. Disposition of minutes  
3. Executive secretary report  
4. Unfinished business  
5. New Business  
6. Old appeals  
7. New appeals  
8. General public input  
9. Adjourn  
(2) Appendix B reads as follows:  
APPENDIX B  
APPEAL REQUEST PROCEDURE  
1/80  
Section 3(c) of Act No. 207, PA 1941, as amended, provides that "The Board shall  
act as a hearing body in accordance with Act No. 306 of the Public Acts of 1969, as  
amended, to review and render decisions on a contested case, a fire safety rules  
specified in this act, or ruling of the state fire marshal in the marshal's interpretation or  
application of the rules. When properly appealed to and after hearing, the board may  
vary the application all a fire safety rule or may modify the ruling or interpretation of  
the state fire marshal when the enforcement of the ruling or interpretation would do  
manifest injustice and would be contrary to the spirit and purpose all the rules or the  
public interest." The board is therefore not empowered to grant an exemption to a rule,  
but seeks to ascertain that allow all of protection at least equal to that requested by the  
rules will be accomplished. Section 3(c) of Act No. 207, PA 1941, as amended, states  
that, in part: "A person may request a variation of the application of a rule promulgated  
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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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EXECUTIVE SECRETARY: (Introduce self)  
This is the time, date and location established for  
the hearing of the state fire safety board appeal  
number . . . . . , the appellant being . . . . . .  
This hearing will follow a formal script and will be  
conducted in compliance with the administrative  
procedures act of 1969. All parties desiring to speak  
shall be permitted to do so.  
Exhibits shall be identified in entered into the  
record.  
Cross-examination shall be permitted.  
The presiding official of this hearing is . . . . .  
The chair will govern the proceedings and will  
recognize each spokesperson by stating his or her name.  
The proceedings will be recorded.  
The speaker will be interrupted if the recording  
secretary is unable to hear or understand what is said.  
Mr. chairman will you please call the meeting the order?  
CHAIRMAN:  
This hearing is called order. It is . . . . AM - PM,  
. . . . . , . . . 19 . .  
The executive secretary will now identify the principals  
in the case, state their affiliations, establish the  
issue of appeal, enter into the record materials pertinent  
to the case, and identify and enter into the record any  
exhibits the appellant or administration agency wished to  
present.  
EXECUTIVE SECRETARY: (Introduce)  
Representatives of the appellant  
Representatives of the administration agency  
Guests  
The board  
Establish the issue of appeal  
Identify:  
Pertinent materials  
Exhibits  
Construction and occupancy status  
Is the project proposed, under construction, or  
completed?  
What is the type of construction?  
The number of stories?  
Is there a basement?  
Please identify the portion of the facility involved.  
How many persons in the building or area to serve?  
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CHAIRMAN:  
Will the principal spokesman for the administration agency  
briefly described the conditions which resulted in the action  
taken by your office?  
Does the appellant wished to question the statements made  
by  
the administration agency?  
Does the board wish to question statements made up to this  
point?  
The spokesperson for the appellant may now proceed with  
evidence in the testimony germane to the support of your  
position in requesting the modification.  
Does the administration agency wish to question for  
on statements up to this point?  
comment  
Does the member of the board have questions or wish to  
comment regarding the issue?  
Is there any testimony, evidence or fact pertinent to the  
issue which is not been presented or are there any questions  
remaining to be answered?  
(At this point the chairman will summarize the points which have a bearing on the  
issue.)  
CHAIRMAN:  
If there is nothing further to be presented we wish to  
thank you or your presentation. The board will carefully  
consider all of the evidence in testimony in reaching a  
conclusion in you will be notified of the decision by  
certified mail.  
This hearing stands adjourned at . . . . am pm.  
History: 1981 AACS.  
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;