Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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:  
Part 9A Boiler Code  
5. Rule numbers or rule set range of numbers:  
R 125.301 - R 125.399  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Daniela Pelachyk  
Email 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 under this Request for Rulemaking (RFR) is to establish a  
new rule set entitled Part 9A Boiler Code. (The current boiler rules in the Skilled Trades Regulation  
Rules are being rescinded under a separate RFR.) This new rule set is intended to modernize and  
update the existing regulations to enhance safety, streamline language, and improve clarity. In  
accordance with statutory authority, MCL 339.5907, the department, in consultation with the board,  
shall promulgate rules for the safe construction, installation, inspection, alteration, servicing,  
operation, and repair of boilers in this state. Additionally, the proposed rules will include editorial and  
administrative updates. In addition, the proposed rules will adopt by reference the 2024 edition of the  
American Society of Mechanical Engineers (ASME), “Boiler and Pressure Code,” and the ASME  
CSD-1, “Code for controls and safety devices for automatically fired boilers.” The proposed rules will  
also adopt by reference the 2023 edition of the National Board Inspection Code and the ASME,  
“Boiler and pressure vessel code,” sections I, II, III, IV, V, VIII, IX, X, and XI.  
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 339.5207, 339.5209, and 339.5907, 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.  
MCL 24.239  
RFR-Page 2  
These rules are mandated by the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5207,  
MCL 339.5209, and MCL 339.5907.  
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 except for  
the new rule set, Part 9A Boiler Code (R 125.301 through R 125.399,) that is being created to  
eliminate any conflict or duplication with the existing boiler provisions in the Skilled Trades Regulation  
Rules rule set. To ensure clarity, the department is rescinding Part 9. Boiler, Subpart A. Boiler  
Licenses rules (R 339.5201 through R 339.5253) from the Skilled Trades Regulation Rules ruleset  
and consolidating them into this new, stand-alone rule set. Both the rescission of the Skilled Trades  
boiler rules and the creation of the new Boiler Code will be filed concurrently. This coordinated filing  
ensures a seamless transition and prevents any misunderstanding or duplication between the two  
rule sets.  
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 the rules currently contained in any guideline, handbook, manual,  
instructional 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 on the department's annual regulatory plan.  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 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.  
This will be a new 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, there are no changes or developments since implementation that demonstrate there is no  
continued need for the rules. 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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;