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:  
Michigan Boiler Rules  
5. Rule numbers or rule set range of numbers:  
R 408.4001 through R 408.5609  
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The Skilled Trades Regulation Act, 2016 PA 407, repealed the Boiler Act, 1965 PA 290, MCL  
408.751 to 408.776. The repealed Boiler Act is outdated and does not provide uniform licensing,  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 Boiler 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  
regulation professions. Because the Boiler Act of 1965 was repealed, the bureau plans to rescind  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  
regulation under the Skilled Trades Regulation Act, including the boiler 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 boiler rules is authorized under section 207 of the Skilled Trades Regulation  
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 1965 PA 290, MCL 408.751 to 408.776.  
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 memorandum.  
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.  
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 rules set is being rescinded and added to the Skilled Trades 407 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  
;