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:  
Daniela Pelachyk  
Phone number of person completing this form:  
517-284-7738  
E-mail of person completing this form:  
PelachykD@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2024-39 LR  
Title of proposed rule set:  
Ski Area Safety – General Rules  
3. Purpose for the proposed rules and background:  
R 408.65 is being revised to update the most current addition of the American National Standards  
Institute (ANSI) standard B77.1 on safety requirements for passenger ropeways – aerial tramways,  
aerial lifts, surface lifts, tows, and conveyors, that is adopted by reference in this rule.  
4. Summary of proposed rules:  
The Department of Licensing and Regulatory Affairs will hold a public hearing to receive public  
comments of proposed changes to the Ski Area Safety – General Rules rule set.  
The proposed rules established standards to protect the health, safety, and welfare of Michigan skiers,  
spectators, and the public by regulating, inspecting, and permitting ski areas and ski lifts throughout  
the state.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Mining Journal – Published on October 20, 2025  
The Morning Sun – Published on October 21, 2025  
The Oakland Press – Published on October 21, 2025  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
11/1/2025  
7. Date, time, and location of public hearing:  
11/13/2025 01:00 PM at Ottawa Building, Upper Level, Conference Room 3 , Ottawa Building, 611  
West Ottawa Street, Lansing, MI 48933  
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=1546  
9. List of the name and title of agency representative(s) who attended the public hearing:  
Daniela Pelachyk, Departmental Analyst, Bureau of Construction Codes  
Shannon Mauer, Manager, Bureau of Construction Codes  
Greg Ohlemacher, Ski & Amusement Section Chief, Bureau of Construction Codes  
Alesha Gensler, Division Director, Bureau of Construction Codes  
Keith Lambert, Deputy Director, Bureau of Construction Codes  
Andrew Brisbo, Director, Bureau of Construction Codes  
10. Persons submitting comments of support:  
No persons submitted comments in support of the proposed rules.  
11. Persons submitting comments of opposition:  
Charlie Gano representing Boyne USA  
Jason Perl and Kari Roder representing Boyne Mountain Resort  
Brad O Keen representing Boyne Resorts  
Timothy Meyer, Allie Behl, Doug Hawkins, Kara Herman, Missy Smithwick, and Pete Meyer  
representing Caberfae Peaks Resort  
Jenn Hawkins, Jessica Garber, and Steve Garber representing Caberfae Peaks Ski & Golf resort  
John Melcher and Dana Carnevale representing Crystal Mountain (69 signatures were included in  
combined written comments even though testimony stated that there were 80 signatures)  
Eric Jorgensen and Kaet Johnson representing Marquette Mountain Resort  
David Byrd representing the National Ski Area Association  
Jeffrey Olsen and Stephanie Cox representing the National Ski Patrol  
Benjamin Doornbos representing Nub’s Nob Ski Area  
Jack Deegan representing Plunkett Cooney (counsel for various ski resorts)  
Ron Shepard representing the Professional Ski Instructors of America  
Mike Panich representing the Michigan Snowsport Industries Association  
Gordon Matthews representing Self  
Thomas C Wheat representing Self  
Timothy Lodge representing Self  
Jann Cleary representing Snow Snake Ski & Golf  
Johnathan Davis representing the Swiss Valley/ Midwest Ski Areas Association  
Chip Perfect representing Swiss Valley Ski and Snowboard Area  
Jamie Stafne representing Swiss Valley Ski & Snowboard  
12. Persons submitting other comments:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
No persons submitted other comments regarding the proposed rules.  
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
Jason Perl  
The proposal to The bureau agrees R 408.62  
rescind the rule with the concerns  
regarding  
motorized vehicle proceeding with  
as contained in an alternative  
the current Rule approach by  
raised and is  
should be  
removing the  
rejected. The  
existing language  
Rule has proven in R 408.62. In its  
to assist in  
protecting the  
safety of the  
general public  
and skier  
place, the bureau  
is implementing  
revised language  
proposed by  
members of the  
public and the ski  
industry. To  
population. It  
provides  
important  
implement this  
guidance to Ski change, the bureau  
Area Operators. reviewed the  
The rule has  
submitted  
become a “gold language,  
standard” that has determined it to be  
been adopted and appropriate, and is  
followed by ski amending the  
areas throughout current language  
the United States. in R 408.62.  
I am aware of an Additionally, rules  
alternative  
R 408.80, R  
proposal that has 408.81 and R  
been submitted  
by members of  
408.82 are being  
rescinded due to  
the general public redundancy with  
and the Ski  
Industry. The  
alternative  
the newly  
proposed  
language. Minor  
accomplishes the modifications  
task of clarifying were made to the  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
the duties of a Ski proposed language  
Area Operator  
and those  
to improve clarity.  
activities which  
are subject to  
inspection and  
enforcement by  
the Bureau of  
Construction  
Codes. It  
preserves the all  
important  
guidance on  
operation  
of authorized  
vehicles. I  
strongly  
encourage the  
bureau to accept  
the proposed  
modifications as  
set forth in R  
408.62 Ski area  
operator duties;  
authorized  
vehicles; signs;  
symbols; notices.  
14.Date report completed:  
1/26/2026  
MCL 24.242 and 24.245  
;