Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Fire Services

Name of person completing this form:

Andrea Keown

Phone number of person completing this form:

517-335-3539

E-mail of person completing this form:

keowna@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2019-21 LR

Title of proposed rule set:

Fire Fighters Training Council

3. Purpose for the proposed rules and background:

This rule set deals with the administrative procedures and processes governing the scope, authority

and conduct of the Michigan Firefighters Training Council and the approval and certification of

courses, instructors, institutions and fire fighter credentials in the state. The Firefighters Training

Council Act (Public Act 291 of 1966) was recently amended by Public Act 144 of 2017, which took

effect on January 31, 2018.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The public hearing is being held to receive comments on proposed rules amendments to the Fire

Fighters Training Council Rules. These rules are required under the Fire Fighters Training Council

Act of 1966 (Public Act (PA) 291 of 1966). Section 9 of the Act (MCL 29.369) requires the Council

to prepare and publish advisory standards of physical, education, mental and moral fitness to govern

the recruitment, selections and appointment of fire fighters, and for the approval of fire fighter

training schools. Section 16 of the Act (MCL 29.376) requires the Council to adopt rules. The Fire

Fighters Training Council rules have not been updated since 2016. PA 291 of 1966 has been amended

several times since these rules were first promulgated and the current rule set does not reflect the

requirements in the current statute as amended. The proposed rule set will bring the rule set up to date

with current law.

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

publication dates:

The Mining Journal - March 1, 2021, Oakland Press - March 1, 2021, The Grand Rapids Press -

March 1, 2021, The Michigan Register - March 1, 2021

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

3/1/2021

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

3/24/2021 11:00 AM at Zoom Virtual Meeting , https://us02web.zoom.us/j/89927287165?

pwd=NzJZZ3QwclNZaEZtM1JyaldzVmRqUT09 Password: Z35tK0

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=22

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

Ann Searles, Deputy Director, Bureau of Fire Services, Andrea Keown, Department Technician,

Bureau of Fire Services, Fire Fighter Training Division, Kevin Sehlmeyer, Michigan Fire Marshal,

Bureau of Fire Services, Fire Fighter Training Division, Robert Stokes, Regional Coordinator, Bureau

of Fire Services, Fire Fighter Training Division, Dan Hammerberg, Regional Coordinator, Bureau of

Fire Services, Fire Fighter Training Division, Hollie Metts, Assistant to the Michigan Fire Marshal,

Bureau of Fire Services, Fire Fighter Training Division

10. Persons submitting comments of support:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Shaun Abbey, Mark Fankhauser, Mark Docherty, Jack Johnson, Jr., Richard Clark, Alex Koshorek,

Justin Fox, Bryce Tracy, Matthew Sahr, Christopher Dean, Jesse Marcotte, Nicholas Vaught, Kevin

Edmond, Eric Thomas, Steve Heim, Chris Krotche, Jim Daveluy, Shawn Allen, Kevin Retzloff, Liam

Carroll, John Polzin, Chris Lince, Doug Bourgeois, Rob Scott, Sean Canto, Joe Grutza, Charles

Pichan, Mike Harper, Roger Bebeau, Nicholas Gettel, Josh Gray, Christopher Love, Anthony Watts,

Steve Mojzuk, Jeff Friedenstab, Jamal Mickles, Jeffrey Forbes, Robert Massey, Brian Rayle, James

Edwards, Stacy Taylor, Donald Bigger, Adam Pielecha, Adam Tiefenbach, Alfie Green, Amy Dunn,

Andrew Gibson, Bill Pawluk, Bob Hoffman, Brandon Heath, Brenda Glore, Brian P. Kazmierzak,

Christopher Keller, Dan Oleniczak, Darin Balinski, Dave Papandrea, David Van Slooten, Dustin

Hennessy, Frankie Cruz, Harold Elmore, Jr., James Smielewski, Jeff Brady, Jim Yuill, John H.

Newman, John R. Kramer, Jonathan Stone, Justin Britton, Justin Holmes, Kevin Christiansen, Kevin

Retzloff, Kyle Lewis, Larry Gambotto, Logan Sweet, Lucas Golden, Mark J Guerra Jr., Matt

Nowiski, Matt Wyszczelski, Matthew Adamek, Michael Becker, Michael Hertzberg, Michael

Hewartson, Michael J. Sarnowski, Mike Burke, Mike Thoms, Nicholas Gettel, Pat Conely, Pat Du

Vall, Paul F. Fabiano, Paul Zyburt, Philip Hall, Ronald J Palmer, Samuel Schmitt, Sara Cottington-

Heath, Scott Veldman, Terrence H. Chesney, Zac Roland

11. Persons submitting comments of opposition:

Kyle Svoboda, Chris Mantels, Michael McLeieer, Robert Cairnduff, Adam Carroll, Mark Cleveland,

Mike Vogt, Chris Coughlin, Robert Smith, Al Avery, Blake Spillers, cbx1050max@aim.com, Charles

F. McCormick IV, Christopher Stoecklein, David E. Molloy via Renee Landis (City of Novi

Administrative Assistant), Dennis C. Wilkins, Don Munn, Elmer J. Hitt, Eric Mackinnon, Gerald A.

Luedecking, Greg Flynn, Greg Lelito, Jack L. Snyder, Jr., Jason Wright, Jeff Drake, Jeff Roberts, Jeff

Roberts on behalf of the Michigan Association of Fire Chiefs via Stephanie Johnson, Jeffery R.

Johnson, Jeffrey Niemeyer, Johnny L. Menifee, Josh Judsen, Josh Mosher, Kurt Knight, Lee Gould,

Lisa Nocerini, Marsha Drouin, Marshall Saylor, Matt Overholt, Max Kulpinski, Michael Cecchini,

Michael Keefe, Michael Pionke, Nicholas J. Armold, Noel Clason, Paul Hapke, Paul Wells, Phillip W.

Kerns, Richard A. Huff, Robert Stevenson on behalf of Michigan Association of Chiefs of Police via

Stephanie Johnson, Roger D. Squiers, Ryan Fantuzzi, Steven McKellar, Thea Dornbush, Tom Kidd

and Janelle Ruff, Tom Talbot, Travis Heiman, Vincent Smith

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

public comment period:

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Chris Mantels,

Saugatuck

Regarding

memorandum of requirement to

Changing the

R 29.403(5)

Township Fire

Department

understanding

(MOU). The

read “After the

effective date of

current draft rules these rules, the

do not treat the

different fire

service

bureau will

become a Pro

Board® agency

for the following

disciplines the

same. I currently classification:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

have a Pro-Board (a) Fire Fighter I

Fire Instructor 2 with HazMat Ops

certificate, that

the State of

(b) Fire Fighter II

(c) Fire Fighter

Michigan will not I&II with HazMat

accept, and as I Ops

interpret the draft (d) Fire Officer I

rules, may never (e) Fire Officer II

accept unless a

(f) Fire Officer III

memorandum of (g) Fire Officer IV

understanding is (h) Fire Instructor

signed with the

Pro-Board

I

(i) Fire Instructor

agencies. For

many years,

Michigan State

Police has taught

arson school to

Fire

II

(j) Fire Instructor

III”

Investigators, and

the Michigan Fire

Inspectors

Society has

taught the NFPA

Fire Inspector

program. Both

programs have

awarded a Pro-

Board certificate,

that has been

accepted by the

Bureau of Fire

Services, without

a memorandum

of understanding.

Why now, are we

singling out one

accredited

organization in

Pro-Board, by

requiring an

MOU?

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

2

Al Avery,

Mendon Fire

Department

Regarding

reciprocity

recognition for

Changing the

requirement to

read “After the

R 29.404

credentialing. Pro effective date of

Board is the these rules, the

accrediting body bureau will

for agencies that become a Pro

certify candidates Board® agency

to the disciplines for the following

and levels

classification:

identified in the (a) Fire Fighter I

National Fire

Protection

Association

(NFPA)

professional

standards.

Currently there

are over 70

agencies

with HazMat Ops

(b) Fire Fighter II

(c) Fire Fighter

I&II with HazMat

Ops

(d) Fire Officer I

(e) Fire Officer II

(f) Fire Officer III

(g) Fire Officer IV

accredited by the (h) Fire Instructor

Pro Board that

offer accredited (i) Fire Instructor

I

certification to

fire service

professionals

across the

II

(j) Fire Instructor

III”

country and

around the globe.

The requirement

of the Bureau

maintaining an

MOU with

multiple Pro

Board approved

organizations

across the

country is an

administrative

redundancy and

does not enhance

firefighter

training in any

meaningful

capacity.

3

Al Avery,

Regarding exam Changing the

R 29.405

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

Mendon Fire

Department

requirements. As requirement to

proposed, R

29.405 list

read “An

individual who

specific criteria attends a council-

for attendance of approved

courses, the make firefighter course

-up of missed

or courses to

class hours, and qualify for the

enforcement of

the bureau’s

certification

examinations shall

make-up policy. comply with both

It is our position of the following:

the requirements (a) An individual

outlined in the

shall not be absent

proposed rule are from more than

not necessary nor 10% of the total in

relevant to the

-person or virtual

curriculum. The hours of an entire

programs are all course as validated

standard and

students must

successfully

complete

by the course

manager, subject

to the following:

(i) A course

knowledge and

manager may

skill evaluations provide flexibility

for certification. in attendance as

It is important for needed in

fire departments firefighter courses

across the state to due to the length

maintain

of the course and

flexibility on how an individual’s

individuals can

obtain the

employment

obligations.

necessary training (ii) An individual

to demonstrate

the skill and

aptitude to

qualify for

certification.

who is provided

flexibility in

attendance shall

make up missed

lecture hours and

classes before the

scheduled ending

date of the course.

(iii) An individual

shall meet 100%

of the practical

skills hours.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

(iv) A course

manager shall

enforce the

bureau’s make up

policy.”

4

Jeffery R.

Regarding

Changed the

R 29.405m

Johnson, City

of Novi Fire

Department

classification of classification to

public safety

director. The

read, “If the AHJ

expects the public

rules provide no safety director to

exemption for a serve in an

Public Safety

operational

Director who is capacity, that

strictly serving as individual must

an Executive

meet the

Administrator to following:”

oversee a Police

and Fire

Department

Agency. This is

unreasonable and

should take into

consideration a

Public Safety

Director who

does not actively

engage in

firefighting

(inactive) and

only functions as

the Executive

Administrator for

an Agency.

5

Jeffery R.

Regarding

continuing

education. R

29.418 as

Changing the

requirement to

read “A fire officer

I or an individual

R 29.418

Johnson, City

of Novi Fire

Department

proposed outlines with a higher

specific

certification

continuing

education

classification,

shall complete 12

requirements for hours of fire

the various

officer continuing

certification

classifications.

education and

shall obtain the

Specifically, (5) required hours of

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

(a) requires a

continuing

minimum of 36 education by

hours during a 3- attending or

year cycle with a instructing, or

minimum of 6

hours per year.

It is important

that fire

both, any of the

following during

the 3-year-cycle:

(i) Chief or officer

development

personnel

maintain

conferences.

standards and

continuing

(ii) Officer

development

education is a

seminars or

part of ensuring training.

that all current

(iii) Officer

standards are in development

practice. Fire

stations across

the state are

courses sponsored

by the National

Fire Academy.

required to meet (iv) Complete the

the standards of next level of fire

the Michigan

Occupation

officer

certification above

Safety and Health the current officer

Administration

(MIOSHA)

certification.”

which conducts

inspections and

requires

continuing

education based

on duties

performed. The

specific

requirements set

forth by proposed

R 29.418 and

those of

MIOSHA may

conflict and could

potentially set a

department up for

failure if an

inspection/investi

gation were to

occur by

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

MIOSHA due to

an incident.

13.Date report completed:

7/15/2021

MCL 24.242 and 24.245