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:  
State Plumbing Board Rules  
5. Rule numbers or rule set range of numbers:  
R 338.921 through R 338.932  
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.  
The Skilled Trades Regulation Act, 2016 PA 407, repealed the State Plumbing Act, 2002 PA 733,  
MCL 338.3511 to MCL 338.3569. The repealed Plumbing Act is outdated and does not provide  
uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses.  
This places a burden on the bureau administering the Plumbing Act 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 licensing 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. Because the State Plumbing Act was repealed, the bureau plans to rescind  
the licensing rules promulgated under that Act and create a new rule set to house all licensing rules  
regulated under the Skilled Trades Regulation Act, including the plumbing board licenses rules.  
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.).  
MCL 24.239  
RFR-Page 2  
Promulgation of the Plumbing Board Licenses 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 authority under 2002 PA 733, MCL 338.3511 to 338.3569.  
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; 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 and articles 1-6 and that enable the  
department to fulfill its responsibilities under the act.  
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.  
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.  
The rules incorporate recommendations received from the public via email and comments  
provided by the public at an informal advisory meeting.  
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.  
The Plumbing Rules are being rescinded and being added to the new Skilled Trades Rules.  
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  
;