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:

Katherine Place

Phone number of person completing this form:

517-887-9770

E-mail of person completing this form:

PlaceK1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2021-99 LR

Title of proposed rule set:

Carnival and Amusement Safety

3. Purpose for the proposed rules and background:

The proposed rules will update the Amusement rules with amendments, deletions, and additions

deemed necessary for use in Michigan and to bring our code up to date.

4. Summary of proposed rules:

The proposed rules will update the Carnival and Amusement Safety rules with amendments,

deletions, and additions deemed necessary for use in Michigan and to bring the code up to date.

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

publication dates:

The Mining Journal - Thursday, July 27, 2023.

The Oakland Press - Thursday, July 27 2023.

The Morning Sun - Thursday, July 27 2023.

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

8/15/2023

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

8/22/2023 09:00 AM at Michigan Library & Historical Center, First Floor Forum , Michigan

Historical Center, 702 W Kalamazoo St, Lansing, MI 48915

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Agency Report to JCAR-Page 2

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=1357

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

Katherine Place, Departmental Analyst, Bureau of Construction Codes.

Greg Ohlemacher, Inspector Supervisory Ski/Amusement Safety.

Rebecca Jones, Licensing and Regulatory Affairs Supervisor.

Tony Williamson, Departmental Analyst, Bureau of Construction Codes.

Bryan Bryson, Administrative Section Manager, Bureau of Construction Codes.

10. Persons submitting comments of support:

There were no comments submitted in support of the rules.

11. Persons submitting comments of opposition:

There were no comments submitted in opposition of the rules.

12. Persons submitting other comments:

Ryan Strayhorn (ACP Entertainment).

Tony Eckrich (Full Throttle Adrenaline Park).

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

Ryan Strayhorn

ACPEntertainm

ent

Mr. Strayhorn

stated that trains with Mr.

that were once

used for public

The Bureau agrees R 408.803

Definitions

Strayhorn's

comment and has

transit and are not removed the

being used on a language from R

private rail in an 408.803 (c)(xxii)

amusement sense stating "Trains or

should absolutely similar transit

be inspected.

What’s the

difference

devices that can be

or previously have

been approved for

between a roller use on the public

coaster and a

transit system."

train car besides

speed and height?

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

2

Ryan Strayhorn

ACPEntertainm

ent

Mr. Strayhorn

stated having a

safety retainer for Strayhorn's

single means of comment and

attachment is not reverted to

The Bureau agrees R 408.831

with Mr.

Safety

retainers

possible in all

original language

cases. To name a keeping the last

few; tubs of fun, sentence of the

tilit and Sellner rule.

spin rides. These

are all spinning

rides that need to

spin 360 degrees

so a secondary

retainer is not

possible.

3

Ryan Strayhorn

ACPEntertainm

ent

Mr. Strayhorn

stated that if a

company buys a Strayhorn's

ride from another comment and

The Bureau agrees R 408.832

with Mr.

Permit

inspection

decal

company in

Michigan,

reverted back to

original rule R

408.832 (2).

assuming it’s

been inspected

within the last 12

months, how does

the state and

therefore general

public know that

the ride is safe

and/or setup

properly? A ride

isn’t only being

inspected for

broken welds,

damage that

could harm

riders, etc. It’s

also being

inspected for

proper

installation. If the

new owner of

said ride doesn’t

know how to

properly set up

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

the ride, the ride

may not be safe.

Not to mention,

the ride may have

gone down the

road 10-20 times

since the last

inspection. There

could very well

be broken welds,

damage, etc. that

needs to be

addressed. This

proposed rule

change seems

reckless and

unnecessary.

4

Ryan Strayhorn

ACPEntertainm

ent

Mr. Strayhorn

The Bureau agrees R 408.838

mentions the state with Mr.

adopted ASATM Strayhorn's

standards which comment and

Leveling and

alignment

supposedly has

blocking

keeping it as

written.

rules/guidelines.

I’d like to know

exactly where it

states blocking

guidelines that

replaces this rule.

14.Date report completed:

1/17/2024

MCL 24.242 and 24.245