Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Construction Codes  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Skilled Trades Regulation Rules  
5. Rule numbers or rule set range of numbers:  
R 339.5101 to R 339.5699  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Amanda Johnson  
E-mail of person filling out RFR:  
JohnsonA39@michigan.gov  
Phone number of person filling out RFR:  
517-241-3408  
Address of person filling out RFR:  
Ottawa Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-Page 2  
The Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5101 to MCL 339.6133, repealed the  
following acts:  
•The Boiler Act, 1965 PA 290, MCL 408.751 to 408.776.  
•The State Plumbing Act, 2002 PA 733, MCL 338.3511 to 338.3569.  
•The Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.971 to 338.988.  
•The Electrical Administrative Act, 1956 PA 217, MCL 338.881 to 338.892.  
•The Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313.  
The repealed acts are outdated and do not provide uniform licensing, complaint investigation, and  
enforcement provisions for skilled trades licenses. This places a burden on the bureau  
administering these acts and creates an inefficient use of resources. Additionally, many licensees  
who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting  
provisions in separate statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the  
processes for all license types included while providing for modernized provisions, such as  
electronic communication and third-party continuing education tracking options, and specifies  
violations for unlicensed activity as provided to other regulated professions. While the Skilled  
Trades Regulation Act repealed the five Acts that regulated certain skilled trades, this new Act  
includes provisions to regulate those same skilled trades. Consequently, the bureau is  
promulgating a new rule set to regulate these skilled trades, as provided under the new Act. In  
addition, the bureau has submitted separate RFRs to rescind the current rules that were  
promulgated under the authority of the five Acts that have been repealed.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director and Boards & Commission.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Promulgation of the Skilled Trades Regulation rules is authorized under section 207 of the Skilled  
Trades Act, 2016 PA 407, MCL 339.5207; and Executive Reorganization Order Nos. 2003-1, 2008  
-4, and 2011-4, MCL 445.2011, MCL 445.2025, and MCL 445.2030. This authority replaces the  
previous rules promulgation authority under the five repealed Acts.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Some of the rules are mandated pursuant to MCL 339.5207(1) -(3), which states that the  
department shall, in consultation with the appropriate board, promulgate rules that the department  
considers necessary and appropriate to implement and administer articles 1-6 and that enable the  
department to fulfill its responsibilities under the act; that establish fees for licenses, exams, and  
inspections; and that establish the fee schedules for other items, including, but not limited to,  
variance requests, product approvals, or special inspections.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulations adopted by the state, regional or federal government.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
There is no subject matter of these rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with the instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, these rules are listed in the department's annual regulatory plan.  
MCL 24.239  
RFR-Page 3  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulations adopted by the state, regional or federal government.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
These rules do incorporate the recommendations received from the public regarding any  
complaints or comments regarding these rules. The comments or complaints from the public came  
from either the Public Informal Advisory Meeting or from the Proposed Rule/Code Change  
Request Form.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
This is a new rule set.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
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