Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
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:  
Elevator Licensing  
5. Rule numbers or rule set range of numbers:  
R 408.7001 - R 408.8695  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Daniela Pelachyk  
E-mail of person filling out RFR:  
PelachykD@michigan.gov  
Phone number of person filling out RFR:  
517-284-7738  
Address of person filling out RFR:  
611 West Ottawa Street, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purpose of the proposed rules is to update, streamline, and clarify the regulatory  
framework governing elevator license-related activities These updates include the establishment of  
clear and consistent fees and experience requirements for registrations, licenses and examination  
applications and other administrative processes.  
Under this Request for Rulemaking (RFR), the bureau intends to rescind R 408.7023 through R  
408.8191 within the current Elevator rules and will rename the current rule set to be entitled as the  
Elevator Licensing rules. A separate, standalone rule set entitled the Michigan Elevator Code is  
being proposed under another RFR. This restructuring is part of an effort to modernize and clarify  
the regulatory framework for elevators. Due to the requirements of the rule promulgation process,  
both the recission of the existing rules and the creation of the new Michigan Elevator Code rule  
set must be filed concurrently. The coordinated filing ensures a seamless transition and avoids any  
confusion or duplication between the two rule sets.  
The proposed rule changes also incorporate editorial and administrative revisions to improve  
readability and ensure alignment with current departmental practices.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 408.808, MCL 338.2153, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4,  
2011-4, and 2017-1, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 339.3102.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
These rules are mandated by the Elevator Safety Board Act, 227 PA 1967, MCL 408.808, and the  
Elevator Licensing Act, 333 PA 1976, MCL 338.2153.  
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.  
The rules do not conflict with regulations or other standards at the regional, or federal level. Under  
a separate RFR, the Michigan Elevator Code (R 408.501 – R 408.630,) is being created to  
eliminate any conflict or duplication with the existing elevator code provisions in the Elevators  
rule set. To ensure clarity, the department is rescinding the Elevator code-related rules from the  
current Elevators rule set, which will be entitled Elevator Licensing and will be filed concurrently.  
This coordinated filing ensures a seamless transition and prevents any misunderstanding or  
duplication between the two rulesets.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No, there is no subject matter of these rules currently contained in any guideline, handbook,  
manual, instruction bulletin, form with 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 regulations, compliance requirements, or other standards adopted at the state,  
regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No. The rules do not incorporate recommendations from the public regarding any complaints or  
comments regarding the rules.  
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 rules were last updated and took effect on May 30, 2024. The proposed rule set is being  
amended to update, streamline, and clarify the regulatory framework governing elevator license-  
related activities.  
The bureau intends to rescind R 408.7023 through R 408.8191 rule set to establish a separate,  
standalone rule set titled Michigan Elevator Code. In addition, the current Elevator rule set will be  
renamed the Elevator Licensing rules. This restructuring is part of an effort to modernize and  
clarify the regulatory framework for elevators.  
MCL 24.239  
RFR-Page 3  
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?  
Yes, R 408. 7023 through R 408.8191 are being rescinded and recodified into a new rule set that  
will be entitled the Michigan Elevator Code. This new rule set is being proposed in a separate  
RFR.  
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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;