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:

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

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 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Trades Regulation Rules are being rescinded under a separate RFR.)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.

MCL 24.239

RFR-Page 2

B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please

explain.

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, 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.

MCL 24.239