Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Construction Codes

Name of person completing this form:

Amanda Johnson

Phone number of person completing this form:

517-241-3408

E-mail of person completing this form:

JohnsonA39@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2019-138 LR

Title of proposed rule set:

Elevator

3. Purpose for the proposed rules and background:

The rules are being revised to update the Michigan Elevator Rules by adopting the following national

standards: the ASME A17.1-2016. The standards cover the design, construction, operation,

inspection, testing, maintenance, alteration, and repair of elevating devices.

The adoption of national standards ensures that elevating devices are constructed, maintained, and

inspected to the most current standards. As with all construction codes, it is essential to establish

standards that address new technology and innovative equipment, as well as resolve problem areas

that have been identified with the use of existing or older standards.

The adoption of national standards further ensures that rules are developed through a consensus

process by persons affected by the rules.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The rules are being revised to update the Michigan Elevator Rules by adopting the following national

standards: the ASME A17.1-2016. The standards cover the design, construction, operation,

inspection, testing, maintenance, alteration, and repair of elevating devices.

The adoption of national standards ensures that elevating devices are constructed, maintained, and

inspected to the most current standards. As with all construction codes, it is essential to establish

standards that address new technology and innovative equipment, as well as resolve problem areas

that have been identified with the use of existing or older standards. The adoption of national

standards further ensures that rules are developed through a consensus process by persons affected by

the rules.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Newberry News- Published on 1/19/2022.

MLive Ann Arbor- Published on 1/20/2022.

The Morning Sun- Published on 1/19/2022.

6. Date of publication of rules and notice of public hearing in Michigan Register:

2/1/2022

7. Date, time, and location of public hearing:

2/4/2022 10:00 AM at Michigan Library & Historical Center , 720 W. Kalamazoo, Lansing, Michigan

48915

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=124

9. List of the name and title of agency representative(s) attending public hearing:

Amanda Johnson- Analyst in BCC

Rebecca Jones- Elevator Manager

Craig Lalone- LARA BCC

Derek Sova-LARA OPLA

10. Persons submitting comments of support:

Michael E. Vanderennet- Elevator Journeyman

Tony Worth- IUEC Local 85

Russell O’ Donnell- International Union of Elevator Constructor Local 36

Scott Hulstrom- Elevator Industry Work Preservation Fund

11. Persons submitting comments of opposition:

Phillip Grone- National Elevator Industry

12. Persons submitting other comments:

None

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Phillip Grone

The Department The department

R 408.7019

Fees

proposes to

amend

decided that

having this

R408.7019 (Rule information in the

19) to provide for rule set was a

increases in fees good idea because

associated with

permits,

it informs the

public that fees

inspections, and may change. The

the issuance of

certificates of

operation for

building

department added

a sentence

explaining that

fees can increase.

transportation

devices. NEII

recognizes that

the fee schedule

was last modified

in 2014 and that

fee revenue is

integral to the

management of

the elevator

program. NEII

also notes the

performance

audit report of the

Office of the

Auditor, dated

October 2021,

that addresses

several program

activities within

the Bureau of

Construction

Codes. That

report included

several findings

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

related to

necessary

improvements to

the processes for

inspecting

elevating devices

in Michigan.

NEII believes

interested

stakeholders

would benefit

from a statement

by the

Department

concerning the

expected use of

an increase in fee

revenue; namely,

whether the

increases are

designed solely to

maintain existing

services or to

improve upon the

existing practices

of the elevator

program. NEII

recognizes the

initiatives

undertaken by the

Department in

immediate

response to the

audit and

appreciates the

dialogue with

industry on ways

and means to

address the

findings of the

Auditor General.

Additional

transparency

regarding fee

revenue would be

an additional

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

positive step in

addressing long-

standing issues in

program

administration.

2

Phillip Grone

The Department The department

R 408.7031 b

proposes to

amend

decided this

change would be

R408.7031 (Rule for the safety of

31) with a new

subsection

(R408.7031b

(Rule 31b)) to

provide for

the public and it

helps the code in

the ASME

process. The

department added

guards between a sentence about

adjacent pits.

Guards between

adjacent pits is an

area where

guards.

industry is

collaborating

effectively with

organized labor

and other parties

in the ASME

code

development

process. The

proposed

amendment

appears to be an

earlier working

draft of a similar

code provision

currently being

considered

between the

parties and is

continuing to

work toward

adoption of a

code provision in

the ASME

process. NEII

recommends the

Department adopt

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

a provision on

guards between

adjacent pits as

follows: 2.2.3.1

Where cars are

located adjacent

to each other in

multiple elevator

hoistways, guard

(s) shall be

provided between

adjacent elevator

pits. The guard(s)

shall be of

noncombustible

material. The

guard(s), if of

openwork

material, shall

reject a ball 50

mm (2 in.) in

diameter and be

made from

material equal to

or stronger than

1.110 mm

(0.0437 in.)

diameter wire.

The guard(s)

shall be so

supported that

when subjected to

a force of 450 N

(100 lbf) applied

over an area of

100 mm x 100

mm (4 in. x 4 in.)

at any location,

the deflection

shall not reduce

the any running

clearances as

defined. The

guard(s) shall

extend not less

than 2 000 mm

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

(79 in.) above the

sill of the pit

access door or the

level of the

working platform

if provided.

2.2.3.2 The guard

(s) may be

omitted if the

clearances

between the

underside of the

car sling resting

on fully

comprised buffer

and the bottom of

the pit is not less

than 2130 mm

(84 in) and a

separate pit

access door is

provided (see

2.2.4.5).

3

Scott Hulstrom

Grammatical

Changes

We accepted a few Various

grammatical errors

that Mr. Hulstrom

caught within the

rule set. The

grammatical

changes did not

change any of the

meanings of the

rules.

4

Scott Hulstrom

Mr. Hulstrom

wanted the

following to be

The department

agreed with Mr.

Hulstrom and

R 408.7003

(a)(i)

excepted from R decided it was

408.7003 (a)(i) : better for the

8.6.4.19.12(b),

safety of the

8.6.4.20.3(a)(2), public to except

8.6.4.20.3(g),

8.6.4.20.4(b),

8.6.4.20.4(b)(1),

and 8.6.4.20.4(b)

(2).

these out.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

5

Scott Hulstrom

Mr. Hulstrom

wanted a

provision in R

408.7004

The department

decided that with

this change the

rule would be

R 408.7004

regarding less of more easily

change in

ownership.

understood. The

department added

a sentence

regarding the less

change in

ownership for this

rule number.

6

Scott Hulstrom

Mr. Hulstrom

wanted to add

The department

decided that with

R 408.7007

repair, replace to this change it

the rule.

would be easier

for the Elevator

Industry to

understand. The

department added

the words repair

and replace to R

408.7007.

7

Scott Hulstrom

Mr. Hulstrom

wanted to add

The department

decided that by

R 408.7012

(1)(b)

“based upon the adding this to the

frequencies In rule it would be

this rule” to the easier for the

ending of the

sentence.

Elevator Industry

to understand.

The department

added “ based

upon the

frequencies in this

rule” to the rule to

make it easier to

understand for the

industry.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

8

Scott Hulstrom

Mr. Hulstrom

wanted a

paragraph

The department

decided that

including

R 408.7019

(1)

regarding fees.

information

He also wanted to regarding the

add violation

notice to

change in fees is

good information

reinspection fees for the Elevator

instead of industry. The

correction order. department added

information

regarding fees as

well as changing “

correction order”

to “ reinspection

fees”.

9

Scott Hulstrom

Mr. Hulstrom

added a couple

The department

decided that the

R 408.7023

(1)

words throughout extra words Mr.

the rule to help Hulstrom wanted

the rule be easier to add were good

to understand. He additions to help

also wanted a

sentence

the Elevator

Industry

indicating what understand the

an appeal must

include.

rule better. The

addition to the

appeal information

is helpful for the

public to

understand what is

needed during that

process.

10

Scott Hulstrom

Mr. Hulstrom

wanted the

This addition

would make the

R 408.7023b

(2) & (b)

department to add rule easier to

some items

regarding

equipment to

understand for the

industry with the

additions Mr.

make it easier to Hulstrom

understand. requested.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 10

Mr. Hulstrom

11

Scott Hulstrom

The department

R 408.7024

wanted to add a decided that this

provision about addition is

the alteration of important for the

elevators

industry. This way

complying with they know that the

the state’s laws & alteration of

rules.

elevators must

comply with state

laws and rules.

The department

added the

provision of the

alteration of

elevators to the

rule number.

This addition

makes the rule

easier to

12

Scott Hulstrom

Mr. Hulstrom

wanted repairs,

replacements,

inspection, and

R 408.7025

(2)

understand and

callbacks added assists with more

to the rule.

detailed

documentation of

services that are

performed. The

department added

repairs,

replacements,

inspections and

callbacks to a

sentence within

this rule number.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 11

13

Scott Hulstrom

Mr. Hulstrom

wanted the

following

This addition

helps the industry

understand that if

R 408.7030

sentence added: you are not in

Remote

compliance with

that rule then the

remote

connections can be

removed and

connections

found to be in

violation of the

above

requirements

prohibited for

shall be removed further use. This

and henceforth

prohibited.

addition is for the

safety of the

public. The

department added

the sentence Mr.

Hulstrom

suggested to this

rule number.

14

Scott Hulstrom

Mr.Hulstrom

wanted the

following to be

This rule was just R 408.7031

edited to add a few (b)

different words

added to this rule such as

and the old rule noncombustible

to be deleted:

2.2.3.1 Guards

fuel. The changes

that were made

must be provided will help the

between adjacent industry

pits. The guard

must be of

understand what is

expected when

noncombustible working with

material. The

guard, if of

openwork

material, must

reject a ball 25

mm (1 in.) in

diameter. The

guard must be

supported such

that when

guards between

adjacent pits. This

information that

was added is for

the safety of the

public.

subjected to a

force of 450 N

(100 lbf) applied

over an area of

100 mm x 100

MCL 24.242 and 24.245

Agency Report to JCAR-Page 12

mm (4 in. x 4 in.)

at any location,

the deflection

must not reduce

the clearance

between the

guard and the

adjacent pit

below 25 mm (1

in.). Guards must

extend not less

than 2000 mm

(79 in.) above the

level of the

higher pit floor.

Where a ladder is

installed adjacent

to a guard, the

guard must

extend not less

than 2000 mm

(79 in.) above the

top rung or rungs

used as

handgrips. A

single horizontal

structural element

at the top of a pit

ladder, used to

stabilize the

vertical side rails,

is not considered

a rung or

handgrip.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 13

Mr. Hulstrom By accepting this R 408.7034

15

Scott Hulstrom

wanted “entrance change this allows

assembly” added the industry to

to the rule instead know that any

of manufacture’s entrance assembly

door frame.

needs signage.

This will also help

keep our public

safe because the

inspectors will

know exactly

where the

disconnecting

means are for that

elevator. The

department added

“entrance

assembly” to the

rule number.

16

17

Scott Hulstrom

Mr. Hulstrom

wanted the words two words it

By adding these

R 408.7034a

“ rooms or”

added to the

sentence within where motor

this rule number. controls must not

be located.

makes the rule

more clear on

Mr. Hulstrom

wanted the

By adding this it R 408.7041

makes the rule

following added easier to

to the rule: “If the understand. This

controlled is

within an

addition also helps

with proper

entrance

assembly”.

placement of

signage for the

disconnecting

means.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 14

Mr. Hulstrom

18

Scott Hulstrom

By adding the

R 408.7041a

wanted a couple information Mr.

words within the Hulstrom

rule to be added requested it helps

just to make the with more strict

rule easier to

understand. He

also wanted

information

regarding

rules regarding

fire extinguishers

and their location.

This will help with

the safety of the

elevator entrance public as well as

assemblies and safety of the

fire extinguishers inspectors.

added.

19

Scott Hulstrom

Mr. Hulstrom

wanted the

following to be

added: R

408.7058c

Escalator

By adding this

information it

allows the industry

to understand what

is expected on

R 408.7058c

Escalator Handrail

Handrail Speed- Speed- Monitoring

Monitoring

devices. By

Device.

adding this

Rule 58c.

information it

allows with safety

for the inspectors.

Requirement

6.1.6.4 of the

ASME A17.1

code is amended

to read as

follows:

A handrail speed

monitoring

device must be

provided that will

cause the

activation of the

alarm required by

6.1.6.3.1(b)

without any

intentional delay,

whenever the

speed of either

handrail deviates

from the step

speed by 15% or

more. The device

MCL 24.242 and 24.245

Agency Report to JCAR-Page 15

must also cause

electric power to

be removed from

the driving-

machine motor

and brake when

the speed

deviation of 15%

or more is

continuous within

a 2 s to 6 s range.

The device must

be of the manual

reset type.

Automatic

resetting of a

safety device

within these

codes is

prohibited.

20

Scott Hulstrom

Mr. Hulstrom

wanted the

By making this

addition it helps

R 408.7058d

following added: the industry know

R 408.7058d

Moving Walk

what is expected

when it comes to

Handrail Speed- moving walk

Monitoring

Device.

Rule 58d.

handrail speed

monitoring

devices.

Requirement

6.2.6.4 of the

ASME A17.1

code is amended

to read as

follows:

A Handrail Speed

Monitoring

Device must be

provided that will

cause the

activation of the

alarm required by

MCL 24.242 and 24.245

Agency Report to JCAR-Page 16

6.2.6.3.1(b)

without any

intentional delay

whenever the

speed of either

handrail deviates

from the

treadway speed

by 15% or more.

The device must

also cause

electric power to

be removed from

the driving-

machine motor

and brake when

the speed

deviation of 15%

or more is

continuous within

a 2 s to 6 s range.

The device must

be of the manual

reset type.

Automatic

resetting of a

safety device

within these

codes is

prohibited.

14.Date report completed:

7/28/2022

MCL 24.242 and 24.245