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:  
Michigan Elevator Code  
5. Rule numbers or rule set range of numbers:  
R 408.501 – R 408.630  
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.  
MCL 24.239  
RFR-Page 2  
The bureau is undertaking a comprehensive restructuring of the existing Elevator rules to enhance  
clarity and improve organization in alignment with the current code cycle. As part of this effort,  
the bureau is rescinding R 408.7023 through R 408.8191 from the current Elevators rule set under  
a separate Request for Rulemaking (RFR). These rules will be recodified as part of the new  
Michigan Elevator Code rules that are being promulgated under this RFR.  
In place of the rescinded rules, the bureau is creating a new rule set that will be titled the Michigan  
Elevator Code. The restructuring is intended to streamline the regulatory framework, making it  
more accessible and easier to navigate for stakeholders, while ensuring consistency with updated  
code standards.  
The general purpose of the proposed rules is to create new ruleset, Michigan Elevator Code rules  
by adopting and updating the following national standards: the American Society of Mechanical  
Engineers (ASME) 17.1 – 2022, ASME A17.2 – 2023, ASME A17.3 – 2023, ASME A17.4 –  
2015, ASME A17.6 – 2022, ASME A18.1 – 2023, and the American National Standards Institute  
(ANSI) E1.42 – 2023, and the American Society for Testing and Materials (ASTM), ASTM F 714  
- 2022. The standards cover the design, construction, operation, inspection, testing, maintenance,  
alteration, and repair of elevation devices. As with all construction codes, it is essential to establish  
standards that address new technology and innovative equipment, as well as resolve problem areas  
that have been identified with the use of existing or older standards.  
The adoption of national standards further ensures that rules are developed through a consensus  
process by persons affected by the rules.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director.  
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, and 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.  
MCL 24.239  
RFR-Page 3  
The proposed rules will adopt the American Society of Mechanical Engineers ASME 17.1 – 2022,  
ASME A17.2 – 2023, ASME A17.3 – 2023, ASME A17.4 – 2015, ASME A17.6 – 2022, ASME  
A18.1 – 2023, and the American National Standards Institute (ANSI) E1.42 – 2023, and the  
ASTM F 714 - 2022, with amendments, deletions, and additions deemed necessary or used in  
Michigan. The proposed rules do not conflict with or duplicate similar rules, compliance  
requirements, or other standards adopted at the state, regional or federal level.  
The bureau is undertaking a comprehensive restructuring of the existing Elevator rules to enhance  
clarity and improve organization in alignment with the current code cycle. As part of this effort,  
the bureau rescinding R 408.7023 through R 408.8191 from the current Elevator rule set under a  
separate RFR.  
In place of the rescinded rules, the bureau is creating a new rule set that will be entitled the  
Michigan Elevator Code. The restructuring is intended to streamline the regulatory framework,  
making it more accessible and easier to navigate for stakeholders, while ensuring consistency with  
updated code standards.  
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.  
The proposed rules do not exceed similar regulations, compliance requirements, or other standards  
adopted at the state, regional, or federal level. This will be a new rule set. The proposed rules will  
adopt the American Society of Mechanical Engineers ASME 17.1 – 2022, ASME A17.2 – 2023,  
ASME A17.3 – 2023, ASME A17.4 – 2015, ASME A17.6 – 2022, ASME A18.1 – 2023, and the  
American National Standards Institute (ANSI) E1.42 – 2023, and the ASTM F 714 – 2022  
standards and do not exceed those national standards.  
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 new rule set entitled Michigan Elevator Code which will adopt the most current edition of the  
national standards. ASME updates its standards on a regular basis due to safety concerns, changes  
in technology, and industry and economic enhancements. Staying current with updated national  
standards allows Michigan elevator companies to manufacture their elevators to the current  
standards.  
MCL 24.239  
RFR-Page 4  
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, this will be a new rule set.  
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  
;