DEPARTMENT OF LABOR & ECONOMIC GROWTH  
DIRECTOR'S OFFICE  
CONSTRUCTION CODE  
(By authority conferred on the director of the department of labor and economic  
growth by section 4 of 1972 PA 230, MCL 125.1504, section 1 of 1937 PA 306, MCL  
388.851, and Executive Reorganization Order Nos. 1996-2 and 2003-1, MCL  
445.2001 and 445.2011)  
PART 11. PREMANUFACTURED UNITS  
R 408.31101 Title.  
Rule 1101. This part shall be known as the Michigan rules for the certification of  
premanufactured units.  
History: 1979 AC.  
R 408.31103 Definitions; A, B.  
Rule 1103. (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. Terms defined in the act  
have the same meaning when used in these rules.  
(2) "Approved" means approved by the commission or the bureau.  
(3) "Building component" means any subsystem, subassembly, or other system  
designed for use in or as part of a structure, which may include structural, electrical,  
mechanical, plumbing, and fire protection systems and other systems affecting health  
and safety.  
(4) "Building system" means plans, specifications, and documentation for a system of  
premanufactured units or for a type or a system of building components, which may  
include structural, electrical, mechanical, plumbing, and fire protection systems and  
other systems affecting health and safety, including variations which are submitted as  
part of the building system.  
(5) "Bureau" means the executive director of the bureau of construction codes and  
the executive director's staff as defined in section 7 of the act.  
History: 1979 AC; 1984 AACS.  
R 408.31104 Definitions; C to G.  
Rule 1104. (1) "Closed construction" means any unit, building, building components,  
assembly, or system manufactured in such a manner that all concealed parts or  
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processes of manufacture cannot be inspected before installation at the site without  
disassembly, damage, or destruction.  
(2) "Compliance assurance program" means the system, documentation, and methods  
of assuring that premanufactured units and building components, including their  
manufacture, storage, transportation, assembly, handling, and installation, conform to the  
act and these rules.  
(3) "Enforcing agency" means the agency in a governmental unit principally  
responsible for the administration and enforcement of applicable construction  
regulations.  
(4) "Evaluation agency" means an approved person or organization, private or  
public, including a governmental subdivision, determined by the commission to be  
qualified by reason of facilities, personnel, experience, and demonstrated reliability and  
independence of judgment, to investigate, evaluate, and recommend approval of  
premanufactured units, building components, building systems, or compliance  
assurance programs and to recommend issuance of labels.  
(5) "Governmental subdivision" means a county, city, village, or township  
which, in accordance with section 8 or 9 of the act, has assumed responsibility for the  
administration and enforcement of a nationally recognized model code or the act and  
the code within its jurisdiction.  
History: 1979 AC; 1984 AACS.  
R 408.31105 Definitions; I to L.  
Rule 1105. (1) "Independence of judgement" means not being affiliated with or  
influenced or controlled by building manufacturers or by producers, suppliers, or  
vendors of products or equipment used in premanufactured units and building  
components, in any manner which is likely to affect capacity to render reports and  
findings objectively and without bias.  
(2) "Inspection agency" means an approved person or organization, private or  
public, including a governmental subdivision, determined by the commission to be  
qualified by reason of facilities, personnel, experience, and demonstrated reliability and  
independence of judgement, to conduct or supervise compliance assurance programs, to  
recommend certification of premanufactured units and building components, and to  
recommend issuance and attachments of labels.  
(3) "Installation" means the process of affixing, or assembling and affixing,  
premanufactured units or building components on the building site, or to an existing  
building.  
(4) "Label" means an approved device or seal evidencing certification in accordance  
with the act and these rules.  
History: 1979 AC; 1984 AACS.  
R 408.31106 Definitions; M to P.  
Rule 1106. (1) "Mobile home" means a vehicular, portable structure built on a chassis  
and designed to be used without a permanent foundation as a dwelling when connected  
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to required utilities and which is, or is intended to be, attached to the ground, to another  
structure, or to a utility system on the same premises for more than 30 consecutive  
days.  
(2) "Model" means a type of building system, an assembly of materials or products  
intended to comprise a building or structure of a definite pattern or design and so  
designated by name or number, or both, by the manufacturer. A model may be  
increased in size up to 1 foot, 11 inches in length or depth before a new model  
designation is required.  
(3) "Open construction" means unit, building, building component, assembly, or  
system manufactured in such a manner that all portions can be readily inspected at the  
building site without disassembly, damage, or destruction.  
(4) "Premanufactured unit" means an assembly of materials or products intended to  
comprise all or part of a building or structure, and that is assembled, at other than the  
final location of the unit of the building or structure, by a repetitive process under  
circumstances intended to insure uniformity of quality and material content. The term  
includes a mobile home.  
History: 1979 AC; 1984 AACS.  
R 408.31107 Definitions; U.  
Rule 1107. "Used modular classroom" means a premanufactured unit  
manufactured before November 30, 1998, approved as a group E occupancy and used  
for school purposes.  
History: 2006 AACS.  
R 408.31111 Applicability.  
Rule 1111. (1) These rules govern the design, manufacture, handling, storage,  
transportation, and installation of premanufactured units and building components  
intended for installation in this state or in any other state or local governmental  
jurisdiction in which the building components and the labels thereon are accepted.  
(2) A premanufactured unit or building components may be sold for, delivered to,  
or installed on, building sites located in any governmental subdivision if:  
(a) The unit or building components have been approved and certified pursuant to  
the act and these rules.  
(b) The installation complies with the governmental subdivision's zoning laws and  
other applicable ordinances.  
History: 1979 AC; 1984 AACS.  
R 408.31112 Preemption.  
Rule 1112. Premanufactured units and building components certified pursuant to  
these rules are deemed to comply with the requirements of all laws, ordinances, rules,  
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and regulations which govern the matters within the scope of the approval and  
certification, regardless of the provisions of any other law, ordinance, rule, or regulation.  
History: 1979 AC.  
R 408.31113 Applicability of local laws.  
Rule 1113. (1) Except as provided by or pursuant to the act and these rules, land  
use zone requirements, performance-based fire zone requirements, building set-  
back requirements, side and rear yard requirements, property line requirements,  
and on-site development, construction, and inspection are specifically and entirely  
reserved to the governmental subdivision.  
(2) In areas of the state where special environmental conditions exist which require  
special or different building standards, pursuant to R 408.31121, governmental  
subdivisions shall prescribe such standards for those parts of the site development,  
foundation, and other work, for which responsibility is vested in the governmental  
subdivision pursuant to subrule (1).  
History: 1979 AC; 1984 AACS.  
R 408.31121 Standards, specifications, and requirements adopted.  
Rule 1121. Building systems shall comply with the state construction code.  
History: 1979 AC.  
R 408.31122 Amendments.  
Rule 1122. Consistent with subrule (8) of R 408.31133, the bureau shall notify all  
manufacturers with approved building systems, governmental subdivisions, and other  
concerned persons of all amendments. For purposes of this rule, a premanufactured unit  
or building component is deemed to be manufactured at such time as the label is attached  
to it in accordance with an approved compliance assurance program.  
History: 1979 AC; 1984 AACS.  
R 408.31131 Enforcement responsibility.  
Rule 1131. The commission shall administer and enforce these rules. The  
commission has the responsibility for evaluating and approving building systems, and  
inspecting and certifying premanufactured units and  
building components for  
compliance with these rules. The commission may receive recommendations for  
acceptance of premanufactured units, building systems, and compliance assurance  
programs submitted for approval by approved evaluation and inspection agencies.  
History: 1979 AC.  
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R 408.31132 Approvals of building systems and compliance assurance  
programs.  
Rule 1132. (1) The commission shall approve and issue certificates of acceptability  
for compliance assurance programs which comply with the requirements of the act  
and these rules.  
(2) The commission, or if the commission so designates, the bureau, shall approve  
building systems and building components which comply with the codes, standards,  
specifications, and requirements adopted in R 408.31121, and with other requirements  
of the act and these rules.  
History: 1979 AC; 1984 AACS.  
R 408.31133 Building systems.  
Rule 1133. (1) To obtain approval for premanufactured units or building  
components, a manufacturer shall submit a building system for evaluation by the bureau  
in accordance with the requirements of R 408.31151. Building systems shall be identified  
by model number or component number.  
(2) Before a full evaluation, the bureau shall determine that building systems  
submitted to it are suitable for processing. If the application is found to be unsuitable for  
processing, the applicant shall be notified in writing of the unsuitability and the basis  
thereof within 30 days of the date the application is received by the bureau and a portion  
of the fee may be returned. The finding of unsuitability is without prejudice. A  
subsequent submission shall be treated as a new application.  
(3) The bureau may require tests to determine whether a building system meets the  
codes, standards, and requirements of the act and these rules, if that determination  
cannot be made from evaluation of plans, specifications, and documentation alone.  
The procedures used shall be reviewed and evaluated by the bureau.  
(4) If a building system is disapproved, the bureau shall notify the applicant with a  
written explanation of the reasons for disapproval attached thereto.  
(5) Approval of a building system shall be evidenced by the stamp of approval of  
the bureau on each sheet, or by other effective means of identification. Each sheet  
shall be numbered serially and shall indicate effective dates of revision. One copy of all  
plans, specifications, and documentation shall be returned to the applicant.  
(6) The bureau shall prepare and issue to the applicant a building system approval  
report signed by the drafter and by the person in charge of the evaluation. The report  
shall be numbered and shall contain a summary description of the building system  
and all of the conditions of its use including installation instructions.  
(7) A building system, or an amendment thereto which has been approved, shall not  
be altered without prior authorization by the bureau. All approved changes shall be  
made a part of the written record of the approval. The authorization shall be in  
writing or be confirmed in writing within 10 days of any oral authorization.  
(8) A change in the codes, standards, specifications, and requirements shall not  
apply retroactively. The bureau shall notify all manufacturers with approved building  
systems and evaluation agencies of all changes.  
Page 5  
Each manufacturer shall submit to the bureau the necessary amendments to its  
already approved building systems.  
(9) Amendments to building systems may be proposed by submitting to the bureau  
for approval, appropriate plans, specifications, or documentation showing the effect of  
the proposed amendment on each building system.  
(10) The bureau may suspend or revoke the approval of a building system when the  
approval was issued in error or was issued on the basis of incorrect information or  
was issued in violation of these rules or is later found to be in violation of these rules.  
Notice of suspension or revocation of the approval shall be in writing with the reasons  
set forth therein. Appeals from suspensions or revocations shall receive timely  
review.  
History: 1979 AC; 1984 AACS.  
R 408.31134 Compliance assurance programs.  
Rule 1134. (1) A manufacturer shall obtain approval for a compliance assurance  
program for his building system. Units or building components shall be manufactured  
in accordance with an approved program in order to be certified. Compliance assurance  
programs shall be submitted to the commission in accordance with the requirements of  
R 408.31161.  
(2) Before full evaluation, the commission shall have the bureau determine that  
the application for approval submitted to it is suitable for processing. If the  
application is found to be unsuitable for processing, the applicant shall be notified  
in writing of the unsuitability and the basis thereof within 30 days of the date the  
application is received by the commission and a portion of the fee may be returned. The  
findings of unsuitability shall be without prejudice. A subsequent submission shall be  
treated as a new application.  
(3) Compliance assurance programs submitted for approval shall be evaluated for  
compliance with the act and these rules.  
(4) If a compliance assurance program is disapproved, the commission shall notify  
the applicant with a written explanation of the reasons for disapproval attached thereto.  
(5) Approval of compliance assurance programs shall be evidenced by the stamp of  
approval of the commission on each sheet, or by other effective means of  
identification. One copy of the approved application and documentation shall be  
returned to the applicant.  
(6) A compliance assurance program or an amendment thereto which has been  
approved shall not be altered without prior authorization by the commission. All  
approved amendments shall be made a part of the written record of the approval.  
(7) The commission may suspend or revoke its approval of any compliance  
assurance program whenever the approval was issued in error, was issued on the basis of  
incorrect information, or was issued in violation of these rules. If the commission  
determines that premanufactured units or building components manufactured pursuant to  
an approved building system do not comply with the act or these rules and the  
manufacturer fails to comply with a corrective order, the commission may suspend or  
revoke the approval of the manufacturer's compliance assurance program. Notice to  
the manufacturer and the inspection agency of suspension or revocation of approval  
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shall be in writing with the reasons for suspension or revocation set forth therein. Appeals  
from suspensions or revocations shall receive timely review.  
History: 1979 AC; 1984 AACS.  
R 408.31135 Certification.  
Rule 1135. Premanufactured units and building components, accepted by the bureau  
and the commission as having been manufactured according to an approved building  
system and an approved compliance assurance program, shall be certified by the  
commission as complying with the requirements of the act and these rules.  
Certification shall be evidenced by the attachment of a label to each certified  
premanufactured unit, building component or group of components. The commission  
may authorize approved inspection agencies to make all or part of the inspection  
of premanufactured units or building components.  
History: 1979 AC; 1984 AACS.  
R 408.31136 Manufacturer's data plate.  
Rule 1136. (1) The following information shall be placed directly on 1 or more  
permanent manufacturer's data plates in the vicinity of the electrical distribution  
panel or in some other designated location acceptable to the commission, on the  
premanufactured unit or building component where it will be readily accessible for  
inspection: (a) Manufacturer's name and address.  
(b) Serial number of the unit.  
(c) Label serial number.  
(d) Name and date of applicable nationally recognized codes complied with.  
(e) Model designation and name of manufacturer of major factory installed  
appliances.  
(f) Identification of permissible type of gas for appliances and directions for  
water and drain connection.  
(g) Snow, wind, seismic and other live loads.  
(h) Electrical ratings and instructions and warnings on voltage.  
(i) Special conditions or limitations on use of the unit, including unsuitability for  
areas in which specified environmental conditions prevail.  
(j) Date of manufacture.  
(2) If, in the opinion of the bureau, the shape or size of a building component is  
such that the information required in subrule (1) cannot be attached to a component  
permanently, the information may be placed in a manual crated with the component or  
on a tag attached to the crate in which the component is shipped, if the information is  
not such that the future occupant of the building should know it. If the occupant will  
need to know the information, it shall be contained in a manual which shall be presented  
to the occupant upon transfer of possession. If life safety is involved, the item in  
question shall be plainly labeled.  
History: 1979 AC; 1984 AACS.  
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R 408.31137 Labels.  
Rule 1137. (1) Each premanufactured unit or building component or group of  
components, which is certified pursuant to the act and these rules, shall have  
permanently attached thereto an approved label which cannot be removed therefrom  
without destroying the label. The approved label or labels shall be placed in the  
following areas:  
(a) Models, residential modular units - 2 or more labels - 1 placed in cabinet under  
kitchen sink, 1 placed in front closet, additional units placed - 1 in each section, readily  
accessible by the building officials, and so shown on the approved building system.  
(b) Residential structural building components, panelized units - 1 label placed on  
electrical panel or in cabinet under kitchen sink or in a place readily accessible by the  
building official and so shown on the approved building system.  
(c) All other - 1 or more labels placed readily accessible by the building official  
and so shown on the approved building system.  
(2) An approved label shall bear the following information:  
(a) "This label certifies that this unit (or building component) has been  
manufactured in accordance with a building system and compliance assurance  
program approved by the construction code commission and inspected by (name of  
inspection agency) under the auspices and approval of the state of Michigan."  
(b) Label serial number.  
(c) Building system approval number.  
(d) Manufacturer's serial number.  
(e) The words "See data plate located on _____."  
(f) The name of the agency issuing the label.  
(3) At the discretion of the bureau, labels and data plates may be limited in size  
and content for components whose shape or size does not permit the full information to  
be placed thereon.  
(4) The approved label shall be issued by the commission or its agents in accordance  
with the following: (a) The commission and the bureau shall specify the manner in which  
the labels are handled.  
(b) Labels shall be numbered serially.  
(c) A manufacturer's compliance assurance program, submitted in accordance  
with R 408.31161, shall include requirements for issuance, possession, attachment and  
accounting of all labels to assure that labels are attached only to units or building  
components manufactured pursuant to an approved building system and inspected  
pursuant to an approved compliance assurance program.  
(5) Permanent records shall be kept of the handling of all labels, indicating at least  
how many labels have been applied to units, building components, or groups of  
components, which labels have been applied to which units or building components,  
and the disposition of any damaged or rejected labels, and the location and custody of all  
unused labels. All inspection agencies shall be required to submit twice a week to  
the bureau, on forms furnished by the bureau, reports showing the above required  
information. Each manufacturer shall be required to submit to the bureau, a monthly  
report showing the number of units, building components or groups of components  
Page 8  
shipped, the label numbers applied thereto, the manufacturer's serial number, the date  
of manufacture, and the location to which the unit, building component, or group of  
components was shipped.  
(6) The commission or an inspection agency shall attach labels to units or building  
components manufactured in accordance with an approved compliance assurance  
program.  
History: 1979 AC; 1984 AACS.  
R 408.31138 Suspension and revocation.  
Rule 1138. (1) The bureau may suspend or revoke the certification of  
a
premanufactured unit or building component which the bureau finds not to comply with  
the act or these rules, or which has been manufactured pursuant to a building system  
or a compliance assurance program as to which approval has been suspended or  
revoked, or which has not been manufactured in accordance with the approved  
compliance assurance program.  
The bureau shall remove or cause to be removed, labels  
from  
a
premanufactured unit or building component until it is brought into compliance with  
the act and these rules. Notice of suspension or revocation of certification shall be  
in writing with the reasons for suspension or revocation clearly set forth therein.  
Appeals from suspensions or revocations shall receive timely review.  
(2) Upon suspension or revocation by the bureau or the commission of the approval  
of a building system or compliance assurance program, further labels shall not be  
attached to a premanufactured unit or building component manufactured pursuant to  
the building system or compliance assurance program with respect to which the  
approval was suspended or revoked. Upon termination of the suspension or  
revocation, labels may again be attached to the premanufactured unit or building  
component, manufactured after the date approval is reinstated. If any unit or  
building component has been manufactured during the period of suspension or  
revocation, it shall not be labeled unless the bureau, evaluation agency, or inspection  
agency has inspected the unit or building component and the bureau or an authorized  
inspection agency is satisfied that all requirements for certification have been met.  
(3) The manufacturer shall return all labels allocated for a premanufactured  
unit or building component to the bureau no later than 10 days from the effective date  
of the bureau's or the commission's suspension or revocation of the approval of the  
building  
system  
or compliance assurance program pursuant to which the  
premanufactured unit or building component is being manufactured. The manufacturer  
shall also return to the bureau all labels which it determines for any reason are no longer  
needed.  
History: 1979 AC; 1984 AACS.  
R 408.31139 Variations of certified units.  
Rule 1139. Premanufactured units or building components certified and labeled  
pursuant to the act and these rules shall not be altered before the issuance of a  
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certificate of occupancy without resubmission to the bureau for approval of the  
variation and of the unit which includes the variation. The bureau or an authorized  
inspection agency shall inspect the unit or building component wherever it is located,  
which inspection may include such tests or destructive or nondestructive disassembly  
as the bureau or an authorized inspection agency deems necessary to assure  
compliance with the act and these rules. Enforcing agencies may be designated as  
inspection agencies for these purposes.  
History: 1979 AC; 1984 AACS.  
R 408.31141 Inspections by commission or its agents.  
Rule 1141. (1) The commission or the bureau shall make, or cause to be made, such  
inspections of the entire process of manufacturing, certifying, handling, storing, and  
transporting of premanufactured units and building components produced pursuant to  
approved building systems as it deems necessary. Each premanufactured unit or group  
of building components shall be inspected by the bureau or an approved inspection  
agency at least once during the manufacturing process. As part of the process of  
evaluating building systems and compliance assurance programs, the commission or the  
bureau shall inspect, or cause to be inspected, the manufacturing facilities in which  
the units or building components are to be manufactured.  
(2) The bureau or an authorized inspection agency shall make such inspections as  
may be required by an approved compliance assurance program or as may be deemed  
necessary by the commission.  
(3) Before issuing a certificate of occupancy, the bureau shall inspect, or cause to be  
inspected, certified premanufactured units or building components which it determines  
to have been sufficiently damaged after certification to warrant the inspection and to  
take such action with regard to such units or building components as is authorized  
under R 408.31138, or as is otherwise necessary to eliminate dangerous conditions.  
The bureau shall require premanufactured units or building components which are  
so damaged as no longer to comply with the act and these rules to be brought into  
compliance promptly. If such units or building components are not brought into  
compliance with the act and these rules within a reasonable time, or if they are so  
damaged that they cannot be brought into compliance, the bureau shall order that  
the labels be removed. Irreparably damaged units or building components shall be  
disposed of in accordance with applicable laws.  
(4) The commission shall have the bureau examine each approved inspection  
agency at any reasonable time and without prior announcement, in order to monitor the  
reliability of the agency and of its monitoring of compliance assurance programs. Each  
examination shall investigate the adequacy of all procedures used by the agency in  
monitoring compliance assurance programs including inspection, tests, production  
methods, process controls, operator performance, materials receipt, storage and  
handling, workmanship standards, records, and all other activities which implement the  
compliance assurance program in the manufacturing facility during transport, on-site,  
and at critical subcontractors' facilities. The results of examinations shall be kept on file  
at the offices of the bureau. Copies of the reports shall be sent to the inspection  
agency.  
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Inspection agencies shall be notified specifically of any deficiencies and of the  
manner in and time by which the deficiencies shall be eliminated.  
If deemed necessary by the commission, an agency's approval may be suspended  
or revoked as provided in R 408.31173. The examinations shall also be conducted  
before approving an inspection agency.  
(5) The commission shall have the bureau examine each approved evaluation  
agency, at any reasonable time and without prior announcement, in order to monitor the  
reliability of the agency. Each examination shall investigate the adequacy of all  
evaluative procedures, including engineering evaluation of plans, specifications and  
test results, testing, and analysis of compliance assurance programs. The results of  
the examination shall be kept on file at the offices of the bureau. Copies of the reports  
shall be sent to the evaluation agency. Agencies shall be notified specifically of any  
deficiencies and of the manner in and time by which the deficiencies shall be eliminated.  
If deemed necessary by the commission, approval of an evaluation agency may be  
suspended or revoked as provided in R 408.31173. The examination shall also be  
conducted before approving an evaluation agency.  
(6) An inspection entailing disassembly, damage to, or destruction of certified  
premanufactured units or building components shall not be conducted except to  
implement subrule (1).  
History: 1979 AC; 1984 AACS.  
R 408.31142 Enforcing agency procedures and inspections.  
Rule 1142. (1) An enforcing agency shall issue building permits for certified  
premanufactured units prior to installation and shall not withhold issuance of  
building permits for buildings containing certified building components which in all  
other respects comply with all applicable construction codes. An application to an  
enforcing agency for a building permit shall, when requested in addition to any  
other regulations, contain:  
(a) A statement that the work to be performed under the permit is to include the  
installation of a certified premanufactured unit or building component in accordance  
with the provisions of the act which statement shall be signed by the applicant or his  
agent, with an appropriate address.  
(b) A copy of the approved building system with respect to which the  
premanufactured unit or building component was manufactured or is to be  
manufactured, if one has not been furnished to that local enforcement agency  
previously.  
(c) A copy of the building system approval report, where it has not been furnished to  
that local enforcement agency previously.  
(2) A local enforcement agency shall inspect site preparation work, including  
foundations, not within the scope of the approval and certification, and the  
structural, mechanical, plumbing, and electrical connections among units, for  
compliance with applicable law.  
(3) An enforcing agency shall inspect all premanufactured units or building  
components upon, or promptly after, installation at the building site to determine  
whether all instructions in the building system approval report or conditions listed on the  
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manufacturer's data plate have been followed. This may include tests for tightness of  
plumbing and mechanical systems, for malfunctions in the electrical system and a visual  
inspection for obvious nonconformity with the approved building system. Destructive  
disassembly of certified units and building components shall not be performed in  
order to conduct these tests or inspections. Standards or test criteria different from  
those adopted by the bureau or specified in the building system approval report shall not  
be imposed. Nondestructive disassembly may be performed only to the extent of  
opening access panels and cover plates.  
(4) An enforcing agency shall cause the disposition of noncomplying  
premanufactured units and building components after consultation with the bureau and  
reasonable notice of the proposed disposition to the manufacturer or owner thereof.  
(5) An enforcing agency shall issue certificates of occupancy for certified  
premanufactured units and for buildings containing certified building components  
which otherwise comply with all applicable building codes, after they have been  
installed and inspected pursuant to the act and these rules. A premanufactured unit or  
building component found not to comply with the building system approval report shall  
be brought into compliance before the certificate of occupancy is issued.  
(6) When an enforcing agency is making an inspection and finds a violation, it  
shall report the details of the violation in writing to the bureau. Where a violation is  
hazardous to occupants, a certificate of occupancy shall not be issued and the  
building shall not be occupied before the hazard is corrected. If a violation is not  
hazardous, a provisional certificate of occupancy may be issued.  
History: 1979 AC; 1984 AACS.  
R 408.31143 Fees.  
Rule 1143. Fees shall be charged in accordance with published rates of the  
commission.  
History: 1979 AC.  
R 408.31144 Notification of changes.  
Rule 1144. (1) Manufacturers shall notify the bureau and the commission in writing  
within 10 days of any of the following occurrences:  
(a) The corporate name is changed.  
(b) The main address of the company is changed.  
(c) There is a change in 25% or more of the ownership interest of the company  
within a 12-month period.  
(d) The change in location of any manufacturing facility which may supply  
components or units for sale and use in the state of Michigan.  
(e) The establishment of a new manufacturing facility which may supply  
components or units for sale and use in the state of Michigan.  
(f) There are changes in principal officers of the firm.  
(2) Evaluation agencies and inspection agencies shall notify the bureau and the  
commission in writing within 10 days of any of the following occurrences:  
Page 12  
(a) The company name is changed.  
(b) The main address of the company is changed.  
(c) There is a change in 25% or more of the ownership interest or control of the  
company within a 12-month period.  
(d) The change in location of any testing facility which may supply services to the  
bureau or commission.  
(e) The establishment of a new testing facility which may supply services to the  
bureau or commission.  
(f) There are changes in principal officers and key supervisory and responsible  
personnel of the firm.  
History: 1979 AC; 1984 AACS.  
R 408.31145 Proprietary information.  
Rule 1145. All information relating to building systems and compliance assurance  
programs which the manufacturer or other party considers proprietary shall be so  
designated by them at the time of the submission, and shall be so held by the  
commission, the bureau, and by the inspection, evaluation and enforcing agencies, except  
as the commission or bureau determines in each case, that disclosure is necessary to  
carry out the purposes of the act and Act No. 442 of the Public Acts of 1976, as  
amended, being S15.231 et seq. of the Michigan Compiled Laws.  
History: 1979 AC; 1984 AACS.  
R 408.31151 Requirements for submission of building systems.  
Rule 1151. Building systems shall meet the requirements set forth in R 408.31152  
and R 408.31153 to be evaluated for compliance with the standards, specifications,  
and requirements adopted by the commission.  
History: 1979 AC.  
R 408.31152 General requirements; building systems.  
Rule 1152. (1) Building systems, including all plans, specifications, and other  
documentation shall be submitted in 3 copies.  
(2) Building systems shall be submitted in the form prescribed by the commission  
and shall be accompanied by all required fees.  
(3) All documents submitted with the application shall be identified to indicate the  
manufacturer's name, office address, and the address of the manufacturing facility.  
(4) Manufacturers shall submit plans showing all elements relating to specific  
systems on properly identifiable sheets.  
(5) All work to be performed on-site, including connection of all systems,  
equipment, and appliances, shall be identified and distinguished from work to be  
performed in the manufacturing facility.  
Page 13  
(6) A 1 1/2 inch x 2 1/2 inch blank rectangular space shall be provided after possible  
reduction in print size on all sheets of plans as near as possible to the title box for the  
commission's stamp of approval.  
(7) Grade, quality, and identification of all materials shall be specified.  
(8) Design calculations and test reports shall be submitted when required.  
(9) Drawings shall be drawn to scale.  
(10) Drawings shall indicate the location of the approved label and data plate.  
(11) Drawings shall be dated and identified. The number of sheets in each set shall  
be indicated.  
(12) All plans, computations, and specifications, shall be prepared by, or under the  
direct supervision of, a registered architect or engineer and bear that architect's or  
engineer's signature and seal as required by, and in accordance with, Act No. 299 of the  
Public Acts of 1980, as amended, being S339.101 et seq. of the Michigan Compiled  
Laws, and known as the occupational code, and as administered by the department of  
licensing and regulation.  
History: 1979 AC; 1984 AACS.  
R 408.31153 Construction details.  
Rule 1153. (1) Building systems for premanufactured units shall provide or show,  
but not be limited to, the details listed below, including the method of their testing or  
evaluation, or both. These requirements shall apply to the building systems for building  
components only to the extent deemed necessary by the bureau or by an authorized  
evaluation agency to permit a proper evaluation of the building component. Each  
submission shall be identified by a specific model or component number.  
(2) General requirements:  
(a) Details and methods of installation of premanufactured units or building  
components on foundations or to each other, or both.  
(b) All exterior elevations.  
(c) Cross sections as necessary to identify major building components.  
(d) Details of flashing, such as at openings and at penetrations through roofs and  
subcomponent connections. Indicate flashing material and gauge to be used.  
(e) Attic access and attic ventilation.  
(f) Exterior wall, roof, and soffit material as well as finish.  
(g) Interior wall and ceiling finish material.  
(h) Fire separation walls.  
(i) Sizes, locations, and types of doors and windows.  
(j) Recommended foundation plans, vents, and underfloor access.  
(k) Energy calculations.  
(l) Details, as necessary, showing barrier free design requirements are met.  
(3) Building classification detail requirements:  
(a) Occupancy or use.  
(b) Area, height, and number of stories.  
(c) Type of construction.  
(d) Fire resistance ratings.  
(4) Space and fire safety detail requirements:  
Page 14  
(a) Detail of fire resistance rated assemblies for all stairway enclosures, doors,  
walls, floors, ceilings, partitions, columns, roof, and shaft enclosures.  
(b) Details as to width of all aisles, exits, corridors, passageways, and stairway  
enclosures.  
(c) Toxicity and flame spread classification of finished materials.  
(5) Structural detail requirements:  
(a) Engineer's calculations of structural members, where appropriate.  
(b) Design soil bearing value.  
(c) Structural and framing details of all floors, roof, and walls.  
(d) Details and stress diagrams of roof trusses.  
(e) Details of reinforcing steel.  
(f) Complete loading schedule.  
(g) Column loads and column schedule.  
(h) Lintel schedule.  
(i) Size, spacing, and details of all structural elements.  
(j) Grade or quality of all structural elements, such as lumber, steel, and so forth.  
(k) Elevation of structural elements, walls or sections thereof, providing  
resistance to vertical loads or lateral forces.  
(l) Complete details of all structural connections.  
(6) Mechanical detail requirements:  
(a) Location of all equipment and appliances. Indicate equipment and appliances  
listed or labeled by approved agencies.  
(b) Manufacturer's name, make, model, number, BTU, and input rating of all  
equipment and appliances, as appropriate, or the equivalent thereof.  
(c) Duct and register locations, sizes, and materials.  
(d) Clearances from combustible materials or surfaces for all ducts, flues, and  
chimneys.  
(e) Method of providing required combustion air and return air.  
(f) Location of flues, vents, and chimneys, and clearances from air intakes and  
other vents and flues.  
(g) Details regarding dampers in ducts penetrating fire separations.  
(h) Complete drawings of fire sprinkler systems, standpipe system, or fire alarm  
system.  
(i) Detail of elevator or escalator system, including method of emergency  
operation.  
(7) Plumbing detail requirements:  
(a) Plan or schematic drawing of the plumbing layout, including, but not limited to,  
size of piping, fitting, traps and vents, cleanouts and valves, gas, water and drainage  
system.  
(b) Plumbing materials, and location of all equipment and appliances to be used.  
Indicate fixture unit capacity of systems and the make, model, and rating/capacity of  
equipment and appliances. Indicate equipment and appliances listed or labeled by  
approved agencies.  
(c) Make and model of safety controls, such as for water heaters, their location, and  
whether listed or labeled by approved agencies.  
(d) How piping is to be supported and intervals of support.  
Page 15  
(e) Location of vents above roofs and required clearances, including, but not limited  
to, clearances from air intakes, other vents, and flues.  
(f) Methods of testing.  
(8) Electrical detail requirements:  
(a) Plan of service equipment, including service entrance, conductors, service  
raceway, and clearances above ground and above structures.  
(b) Method and detail for grounding service equipment.  
(c) Single line diagram of the entire electrical installation.  
(d) Load calculations for service and feeders.  
(e) Sizes of all feeders and branch circuits.  
(f) Size, rating, and location of main disconnect/overcurrent protective devices.  
(g) Method of interconnection between manufactured units or building components  
and location of connections.  
(h) Location of all outlets and junction boxes.  
(i) Method of mounting fixtures and wiring installations.  
History: 1979 AC; 1984 AACS.  
R 408.31161 Requirements for submission of compliance assurance  
programs.  
Rule 1161. Compliance assurance programs shall be approved if they meet the  
requirements set forth in R 408.31162 to R 408.31168. It is the manufacturer's  
responsibility to execute every aspect of this program. The manufacturer shall continue to  
be responsible for all corrective actions required, and if the commission authorizes an  
inspection agency to perform its inspection duties, the contractual relationship  
between the manufacturer and the inspection agency shall not diminish this  
responsibility. The manufacturer shall cooperate with the inspection agency by  
providing the inspection agency with all necessary reports, information, documents,  
records, facilities, equipment, samples, and other assistance for assuring compliance.  
The manufacturer's compliance assurance program shall be submitted in the form of a  
compliance assurance manual which shall contain complete documentation of all the  
compliance assurance activities of both the manufacturer and the inspection agency.  
The manual shall be comprehensively indexed, and shall treat the material listed in R  
408.31162 to R 408.31168 in detail.  
History: 1979 AC.  
R 408.31162 Organization requirements.  
Rule 1162. (1) A procedure for periodic revision of the manual.  
(2) An organizational structure for implementing and maintaining the compliance  
assurance program and its functional relationship to other elements of the  
organization structure of the manufacturer,  
independence from the production department.  
which structure shall provide for  
Company officers and employees in charge of the compliance assurance program  
shall be identified and their training and qualifications specified.  
Page 16  
(3) A uniform system of in-depth analysis of program effectiveness and means to  
identify deficiencies, referred to as audit, to monitor program performance periodically.  
(4) Complete and reliable records of manufacturing, site operations, and suitable  
means of storage, preservation, and accessibility of copies of forms to be utilized shall  
be included.  
(5) A system to control changes in production or inspection procedures.  
(6) A system to assure that working drawings and specifications, working instructions  
and standards, procurement documents, and so forth, conform to the approved building  
system.  
(7) A serial numbering system for buildings and building components.  
History: 1979 AC; 1984 AACS.  
R 408.31163 Materials control.  
Rule 1163. (1) Procedures to assure effective control over procurement sources to  
ensure that materials, supplies and other items used in production and site  
operations, if any, conform to the approved plans, specifications and quality  
requirements.  
(2) Procedures for inspection of materials, supplies, and other items at the point of  
receipt.  
(3) Method of protection of materials, supplies, and other items against deterioration  
prior to their incorporation in the certified unit or building component.  
(4) Provision for disposal of rejected materials, supplies, and other items.  
History: 1979 AC.  
R 408.31164 Production control.  
Rule 1164. (1) Procedures for timely remedial and preventive measures to assure  
product quality.  
(2) Provision, maintenance, and use of testing and inspection equipment to assure  
compliance with the approved building system.  
(3) Provision for frequency of sampling inspections.  
(4) Provision of necessary authority to reject defective work and carry out  
compliance assurance functions, notwithstanding any conflict with production  
department goals and needs.  
(5) A schematic of the manufacturing operation showing the location of inspection  
stations, and hold points for mandatory inspection characteristics.  
(6) Inspection and test procedures, including accept/reject criteria and mandatory  
inspection characteristics.  
(7) Standards of workmanship.  
(8) Provision for disposal of rejects.  
History: 1979 AC.  
Page 17  
R 408.31165 Finished product control.  
Rule 1165. (1) Procedure for final inspection of all premanufactured units or  
building components before shipment to the site or storage point, including identification  
and labeling.  
(2) Procedures for handling and storing all finished premanufactured units or  
building components, both at the manufacturing plant or other storage point and after  
delivery to the building site.  
(3) Procedures for packing, packaging, and shipping operations and related  
inspections.  
(4) Procedures for transportation, including all measures to protect against damage  
while in transit, and setting forth the modes of transportation to be utilized and the  
carrying equipment and procedures.  
History: 1979 AC.  
R 408.31166 Installation control.  
Rule 1166. (1) Installation procedures including component placement, equipment  
and procedures, field erection and finishing work, utility connection instructions and  
all appropriate on-site inspection criteria and test descriptions.  
(2) Organizational provisions for field repair and disposal of rejects.  
History: 1979 AC.  
R 408.31167 Permission for inspection.  
Rule 1167. A manufacturer shall provide the commission with written permission,  
signed and notarized, for the bureau or its authorized evaluation or inspection  
agencies to inspect its manufacturing facilities, its products, and building sites under its  
control any reasonable time without prior announcement.  
History: 1979 AC; 1984 AACS.  
R 408.31168 Inspections by the bureau.  
Rule 1168. The compliance assurance manual shall contain detailed plans for  
inspections by the bureau or inspection agency.  
History: 1979 AC; 1984 AACS.  
R 408.31169 Relocation and reuse of used modular classrooms; standards and  
requirements.  
Rule 1169. (1) The Michigan Department of Labor and Economic Growth,  
Bureau of Construction Codes and Fire Safety shall inspect a used modular classroom  
relocated within the state to determine compliance with applicable state codes. A local  
enforcing agency may perform the necessary inspections of a used modular classroom  
Page 18  
provided the enforcing agency has been delegated authority by the bureau under 1937  
PA 306.  
(2) A relocated used modular classroom shall meet either the requirements of the  
Michigan rehabilitation code for existing buildings, R 408.30551 to R 408.30577 or the  
Michigan building code, R 408.30401 to R 408.30547 and the requirements of the  
Michigan electrical code, R 408.30801 to R 408.30880, Michigan mechanical code, R  
408.30901 to R 408.30998, Michigan plumbing code, R 408.30701 to R 408.30796 and  
the new and existing school, college, and university fire safety rules, R 29.1901 to R  
29.1934.  
(3) Before site construction, an applicant shall secure a permit in accordance  
with the rules and section 10 of 1972 PA 230, MCL 125.1510. The application shall be  
on a form prescribed by the commission and shall include all of the following:  
(a) Applicant name.  
(b) Applicant mailing address.  
(c) Owner.  
(d) Current location of the used modular classroom.  
(e) Proposed location for the used classroom.  
(f) Applicant or agent telephone number.  
(g) Confirmation of the installation of mechanical, plumbing, and fire alarm  
systems in the used modular classroom.  
(h) Copy of the building system approval report when attainable.  
(i) Roof/ground snow load data when attainable.  
(j) Construction documents for the used modular classroom when attainable.  
(k) Manufacturing date of the used modular classroom when attainable.  
(4) A used modular classroom without structural damage constructed and  
approved on or after November 30, 1998 may be inspected after relocation.  
(5) A used modular classroom shall be inspected before relocation unless approval  
is granted by the enforcing agency to perform the inspection at another location.  
(6) The enforcing agency shall provide the permit applicant a written notice of  
violations within 15 business days of the inspection.  
(7) A used modular classroom shall not be occupied before the issuance of a  
certificate of occupancy which shall be issued in accordance with section 13 of 1972  
PA 230, MCL 125.1513, when a final inspection determines compliance with the act  
and rules.  
(8)  
A used modular classroom shall remain  
weather  
tight  
during  
transportation and storage. The structural components in the roof and walls shall be  
braced to resist highway shock and vibration forces.  
History: 2006 AACS.  
R 408.31170 Requirements for approval of third party  
agencies; suspension or revocation; hearing; appeal.  
plan  
review  
Rule 1170. (1) A review agency seeking approval shall submit an application  
to the commission on a form provided by the bureau of construction codes and fire  
safety.  
(2) The application shall include all of the following information:  
Page 19  
(a) Name of applicant.  
(b) Address of applicant.  
(c) Qualifications of applicant.  
(d) Name of each individual performing plan reviews.  
(e) Number of years of experience and qualifications of each individual performing  
plan reviews.  
(f) The registration number of each individual performing plan reviews.  
(g) Professional registrations held by the individuals performing plan reviews.  
(h) The name and location of the manufacturer for which plan reviews will be  
conducted.  
(i) A statement of how compliance with the requirements of section 19(6) of 1972  
PA 230, MCL 125.1501 et seq. is achieved.  
(3) The application shall include all of the following items:  
(a) Original articles of incorporation of the agency and any subsequent  
amendments thereto, as filed in the state of the incorporation.  
(b) The bylaws of the organization.  
(c) The names, addresses, and business affiliations of all members of the board of  
directors and top management personnel.  
(d) A listing of stockholders or other parties of interest having shares or other  
holdings in excess of $5,000.00.  
(e) A certification by the agency of both of the following:  
(i) Its board of directors, as a body, and its technical personnel, may exercise  
independence in judgment.  
(ii) The activities pursued by the agency will not result in financial gain or benefit  
to the agency via stock ownership, or other financial interest from the manufacturer,  
any producer, supplier, or vendor of products involved, other than through standard  
published fees for services rendered.  
(f) An organizational chart showing the reporting relationship of all personnel  
associated with the conduct of plan reviews and supervision of the plan review process.  
(g) A listing of persons responsible for evaluation of personnel performing  
plan reviews.  
(h) An outline of the process to determine actions to be taken if a violation of the  
codes is identified within the plan review process and how corrections will be achieved.  
(i) A description of the record keeping system used to document receipt of plans,  
plan reviews conducted, and plan reviews completed and filed with the commission.  
(j) Description of the frequency of which plan reviews may be conducted.  
(k) A list of other states in which the agency is currently approved to conduct plan  
reviews.  
(l) A statement outlining the familiarity of the agency with the Michigan  
construction codes and the premanufactured unit rules.  
(m) A certification that the agency may perform plan reviews for compliance  
with codes, standards, specifications, and requirements adopted in this state for  
premanufactured units or building components.  
(4) The commission may suspend or revoke its approval of any third party plan  
review agency for any of the following reasons:  
(a) The approval was issued in error.  
Page 20  
(b) Was issued based on incorrect information.  
(c) Was issued in violation of the act or the rules.  
(d) The agency violates the act or the rules.  
(e) Examination or the action of the third party plan review agency disclosed the  
agency failed to perform its duties in accordance with the rules, or other such  
regulation that causes premanufactured units to be produced in violation of the rules.  
(f) Other causes as may be deemed sufficient by the commission to warrant the  
suspension or revocation.  
(5) A third party plan review agency subject to suspension or revocation of an  
approval issued by the commission may appeal the suspension or revocation in the  
following manner:  
(a) An application for appeal shall be filed in writing within 90 days after the date  
of the decision or action from which the appeal is being taken.  
(b) An application may be filed either in person or by mail to the department.  
(c) The application shall be in writing and shall contain sufficient information to  
apprise the commission of the rule being appealed, the facts and circumstances  
surrounding the decision or action being appealed, and the grounds upon which the  
appeal is based.  
(6) The application shall include, where applicable, all of the following  
documentation:  
(a) A statement of the rule, determination, decision, directive, ruling, or order that is  
the subject of the appeal.  
(b) A copy of the building system approval report, plan, compliance assurance  
manual, or other documentation involved in the appeal.  
(c) A description of the premanufactured unit or units or building components  
involved in the appeal.  
(d) A statement of the relief being sought by the appellant.  
(7) The commission shall hear an appeal from  
a
third party plan review  
agency without undue delay after the receipt of the objections. The appeal may be heard  
by the commission or a panel of 3 or more members designated for that purpose.  
History: 2004 AACS.  
R 408.31171 Requirements of submission for approval of inspection and  
evaluation agencies.  
Rule 1171. (1) An inspection or evaluation agency seeking approval shall submit an  
application to the commission which includes the items listed in this rule.  
(2) The original articles of incorporation of the agency and all subsequent  
amendments thereto, as filed in the state of incorporation.  
(3) The bylaws of the organization.  
(4) The names, addresses, and business affiliations of all members of the board of  
directors and of top management personnel.  
(5) Stock owned in amounts over $5,000.00 reflecting the financial interests of the  
agency's board of directors and top management personnel if requested by the  
commission.  
(6) Certification by the agency that:  
Page 21  
(a) Its board of directors, as a body, and its technical personnel, as individuals, can  
exercise independence of judgment.  
(b) Its activities pursuant hereto will result in no financial benefit to the agency via  
stock ownership, or other financial interests in any producer, supplier, or vendor of  
products involved, other than through standard published fees for services rendered.  
(7) Names, years of experience, state in which professionally registered, and  
other qualifications of the directors of inspection or evaluation programs.  
(8) Names and years of experience of employees practicing in the following  
disciplines: architecture, structural engineering, mechanical engineering, electrical  
engineering, fire protection and other branches of engineering; the states in which each is  
registered and the services each performs.  
(9) An organization chart showing management and supervisory persons, including  
the number of graduate engineers and architects, and the names of all consulting  
engineers or architects, designating which are full time and which are part time engineers.  
(10) Number and location of factory inspectors, supervisors and other technicians,  
including evaluators of factory inspectors and the qualifications of each  
specialized group, including records of work experience, licenses held and other  
pertinent qualifications; descriptions of the type of work each group and each technician  
is expected to perform, and the qualifications of each group and each technician to  
perform the work assigned.  
(11) An outline of the training program, if any, of the agency to assure that all  
inspectors, evaluators and other technicians are properly trained to do each job assigned  
to them.  
(12) An outline of the general procedures for supervision of inspectors and  
evaluators, including checking and evaluation of their work.  
(13) All engineers, technicians, and other personnel who will perform services for  
the organization but who are not employees of the organization, and the  
supervisory and other relationships which each will have to the agency.  
(14) Type of products, components, equipment, structures, and other items which  
the organization has evaluated, tested or inspected, and the number of years of  
experience the organization has had with each, and the type of codes, standards,  
specifications and requirements with respect to which the organization has had  
experience in providing evaluation, inspection or testing services, and the number of  
years of experience with each.  
(15) Description of the record keeping system the agency proposes to use with  
particular regard to availability of records to the commission and the capacity to render  
reports to the commission.  
(16) Description of the frequency with which the agency is capable of performing  
inspections or evaluations.  
(17) List of the states in which the agency is now approved to inspect or evaluate  
premanufactured units or building components, and a further listing of those states in  
which the agency intends to seek such approval within the next 2 years.  
(18) Certification that the agency is able to evaluate building systems for compliance  
with the codes, standards, specifications, and requirements adopted in this state, or  
premanufactured units or building components for compliance with approved building  
systems.  
Page 22  
History: 1979 AC.  
R 408.31172 Procedures for approving inspection and evaluation  
agencies.  
Rule 1172. (1) The commission may approve inspection or evaluation agencies  
which meet the requirements of R 408.31171 and which the commission finds  
otherwise qualified to perform the functions proposed to be assigned to them.  
(2) Before a full evaluation of an application for approval, the commission shall  
have the bureau determine whether the application is suitable for processing. If the  
application is found to be unsuitable for processing, the applicant shall be notified in  
writing of the unsuitability and the basis thereof within 30 days of the date the  
application is received by the commission and a portion of the fee may be returned. The  
findings of unsuitability shall be without prejudice. A subsequent submission shall be  
treated as a new application.  
(3) If an inspection or evaluation agency is not approved, the commission shall  
return 1 complete application to the applicant with a written explanation of the reasons  
for disapproval attached thereto.  
(4) Approval of inspection or evaluation agencies shall be evidenced by a letter to the  
applicant indicating the approval and stating specifically the functions which the  
applicant has been approved to perform. Approval does not constitute the actual  
assignment of the functions.  
(5) Approval of inspection or evaluation agencies shall be for 1 year only. The  
inspection or evaluation agency shall renew its approval annually by submitting the  
proper application as prescribed by the commission or bureau.  
History: 1979 AC; 1984 AACS.  
R 408.31173 Suspension and revocation of authority of inspection and  
evaluation agencies.  
Rule 1173. The commission may suspend or revoke its approval of any evaluation  
agency or inspection agency if the approval was issued in error, or was issued on the  
basis of incorrect information, or was issued in violation of the act or these rules, or if  
the agency violates the act or these rules, or if examination pursuant to  
R
408.31141(4) and (5) discloses that the agency has failed to perform properly, or for  
such other cause as may be deemed sufficient by the commission to warrant the action.  
History: 1979 AC; 1984 AACS.  
R 408.31174 Suspension or revocation; procedure.  
Rule 1174. (1) If the commission suspends or revokes the approval of an evaluation  
or inspection agency, the evaluation or inspection agency shall be given notice in writing  
of the suspension or revocation with the reasons therefore set forth. Manufacturers  
being evaluated or inspected by the agency and all enforcing agencies within this state  
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shall also be notified in writing of the suspension or revocation. The notice shall  
contain instructions to the manufacturer and to the enforcing agency as to  
premanufactured units or building components previously certified by an agency whose  
approval has been suspended or revoked.  
(2) An evaluation or inspection agency whose approval has been suspended or  
revoked, within 90 days of the suspension or revocation, shall deliver to the custody of  
the commission the originals of all records required by the act and these rules to be made  
of or in the course of the agency's operations pursuant to the act and these rules.  
History: 1979 AC; 1984 AACS.  
R 408.31191 Applications for appeal.  
Rule 1191. (1) Any person or party in an individual capacity or on behalf of a  
class of persons or parties affected by these rules or by any decision of or action by any  
evaluation agency, inspection agency or of the commission under these rules may file  
an application for appeal.  
(2) An application for appeal shall be filed within 90 days after the date of the  
decision or action from which the appeal is being taken.  
(3) An application may be filed either personally or by mail at the principal office  
of the commission.  
(4) The application need not follow any prescribed form, but shall be in writing and  
shall contain sufficient information, as set forth in subrule (5), to apprise the commission  
of the rule appealed from, or of the facts and circumstances surrounding the decision or  
action appealed from and giving the grounds upon which the appeal is based.  
(5) The application shall include, where applicable, the following documentation:  
(a) A copy of the rule, initial determination, decision, direction, ruling, or order  
which is the subject of the appeal.  
(b) A copy of the building system, compliance assurance program, or other  
document involved.  
(c) A description of the premanufactured unit or building component affected.  
(d) A statement of the relief sought by the appellant.  
(6) If the appeal is from an action or decision of an inspection or evaluation  
agency, the application shall contain a statement of the prior decision or other action of  
the commission on such appeal.  
History: 1979 AC.  
R 408.31192 Hearings and hearing notices for appeals.  
Rule 1192. The commission shall hear all appeals without undue delay after  
receipt of the objections. The appeal may be heard by the commission, or a panel  
of 3 or more members designated for that purpose by its chairman.  
History: 1979 AC.  
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R 408.31193 Conduct of hearings for appeals.  
Rule 1193. (1) Any interested person may appear and be heard.  
(2) The commission, on its own motion or on the motion of any person, may  
adjourn a hearing to such time and place as the commission may determine.  
(3) At least 3 members of the commission shall be present at all times during a  
hearing.  
(4) A person may produce such witnesses as he deems appropriate.  
(5) The commission shall not be bound by common law or statutory rules of  
evidence in the conduct of the hearing. The commission shall consider in evidence any  
testimony, documents, or other materials submitted by the appellant or the appellee  
including the results of formal or informal appeals before national codes and  
standards organizations or national codes and standards appeals organizations.  
(6) All parties shall be afforded an opportunity to state their positions, either by  
the testimony of witnesses or by a formal or informal statement by themselves, their  
attorneys or any other persons. At the conclusion of the parties' statements, the  
commission may question the appellant or appellee or any witness and any other party  
who so desires shall be heard.  
(7) All hearings shall be reported by an official reporter. The official transcript shall  
be open for inspection at the offices of the commission.  
Copies of the transcripts shall be available from the official reporter on payment of  
the charges therefor.  
History: 1979 AC.  
R 408.31194 Decisions.  
Rule 1194. All final decisions of the commission shall be in writing, shall be  
rendered without undue delay after the close of the hearings and shall state the reasons  
therefor. One copy of the final decision shall be transmitted by mail to the appellant  
immediately and 1 copy to the appellee. Final decisions shall be filed in the office  
of the bureau permanently.  
History: 1979 AC; 1984 AACS.  
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