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:  
Board of Mechanical Rules  
5. Rule numbers or rule set range of numbers:  
R 338.901 through R 338.911  
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The Skilled Trades Regulation Act, 2016 PA 407, repealed the Forbes Mechanical Contractors Act,  
1984 PA 192, MCL 338.971 to 338.988. The Mechanical Contractors Act is outdated and does not  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 Mechanical Contractors 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 3407, 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 Mechanical  
Contractors Act was repealed, the bureau plans to rescind the license examination procedure rules  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 license examination procedure rules.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director and Boards & Commission.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Promulgation of the mechanical rules license examination procedures is authorized under the  
Skilled Trades Regulation Act, section 207 of 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 1984 PA 192, MCL 338.971  
to 338.988.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
These rules are mandated through section 207 of 2016 PA 407, which states, the department, in  
consultation with the appropriate board, shall promulgate any rules it considers necessary and  
appropriate to implement and administer articles 1 to 6 and to enable the department to fulfill its  
responsibility under this 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 level.  
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.  
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 rule set was last amended about 3 years ago.  
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.  
MCL 24.239  
RFR-Page 3  
No  
MCL 24.239  
;