May 23, 2022  
To:  
Department of Licensing and Regulatory Affairs  
Bureau of Construction Codes  
Administrative Services Division  
LARA-BCC-Rules@michigan.gov  
From: Phil Forner  
P.O. Box 296  
Allendale, MI 49401  
616-895-4949  
phil@allendaleheating.com  
Written Comment for the following proposed Skilled Trades rules (Skilled Trades Rules):  
Skilled Trades (ORR# 2019-101 LR)  
Plumbing Board (ORR# 2019-106 LR)  
Electrical Administrative Board (ORR# 2019-110 LR)  
Boiler Rules (ORR# 2019-115 LR)  
Board of Mechanical Rules (ORR# 2019-126 LR)  
Building Officials, Plan Reviewers, and Inspectors (ORR# 2019-109 LR)  
To whom it may concern;  
Please accept the following written comments pursuant to the attached public notice emailed  
on May 11, 2022. Please feel free to contact me if you have any comments, questions, or if you  
need anything additional.  
Comment No. 1 – Failure to consult with appropriate Skilled Trades Regulation Act, 2016 PA  
407 (STRA), boards.  
The Bureau in its request for this proposed Skilled Trades rulemaking, dated June 24, 2019,  
cited MCL 339.52071 as authority, however the Bureau of Construction Codes (Bureau) has not  
1 MCL 339.5207 Rules.  
Sec. 207. (1) 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 responsibilities under this act.  
(2) The department, in consultation with the appropriate board, shall promulgate rules to establish the  
fees for licenses, examinations, and inspections. The fees shall reflect the actual costs and expenses of the  
department in issuing licenses and conducting inspections. The fees in effect on the day immediately  
preceding the effective date of this act shall continue in effect until the department promulgates rules under  
this subsection. This subsection does not apply to any specific fee if the amount of that fee is established in  
this act.  
(3) The department, in consultation with the appropriate board, shall promulgate rules to establish the  
fee schedules for other items, including, but not limited to, variance requests, product approvals, or special  
inspections. The fees shall reflect the actual costs and expenses of the department for those items.  
(4) The department may promulgate rules to set the minimal standards of acceptable practice for an  
occupation.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 1 of 10  
consulted with the appropriate STRA boards as required by statute. The Bureau must follow the  
law and first consult with the industry experts who are appointed to the Plumbing Board,  
Electrical Board, the Board of Boiler Rules and Board of Mechanical Rules, before holding a  
public hearing on these proposed Skilled Trades Rules or adoption by the Bureau.  
Furthermore, this type of consulting with the appropriate board is also supported by MCL  
125.1504(4). Given that these proposed Skilled Trades Rules affect the trades, the Bureau  
should also, consult the applicable Plumbing Board, Electrical Board, the Board of Boiler Rules  
and Board of Mechanical Rules regarding their respective area of expertise.  
Additionally, MCL 339.59072 has a specific requirement for any proposed rules relating to  
boilers, and rightfully so given the potential for catastrophic damage. The Bureau has not  
consulted with the Board of Boiler Rules about the proposed Skilled Trades Rule 171 through  
Rule 253, being R 339.5171 through R 339.5253. These proposed boiler rules must not be  
adopted until the Bureau consults with the Board of Boiler Rules.  
Comment No. 2 – Failure to consult with Construction Code Commission (Commission).  
The Bureau has not consulted with the Commission, nor received the Commission’s  
approval, regarding the proposed Skilled Trades Rules as required by or MCL 125.1507(1)(c)3.  
The Commission, which is made up of industry experts from the various trades and boards must  
be consulted on these proposed Skilled Trades Rules.  
Even though the Bureau has not cited MCL 125.1507(1)(c) in its June 24, 2019 request for  
rulemaking, the Bureau cannot ignore the statutory requirement that the Commission must be  
consulted and the Bureau must obtain the approval from the Commission for these proposed  
Skilled Trades Rules. Once the proposed Skilled Trades Rules are approved by the Commission,  
only then can the proposed Skilled Trade rules be adopted by the Bureau.  
Comment No. 3 – Insufficient public notice of hearing time.  
2 339.5907 Promulgation of rules; boiler of special design or construction; use of title.  
Sec. 907. (1) 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. For  
purposes of this subsection, the department by rule may adopt or amend all or any part of an existing  
published codification or national standards and any amendments and interpretations of the codification or  
standards.  
3 MCL 125.1507 (1) After consultation and with the approval of the commission, the director may do  
the following:  
(a) Subject to civil service requirements, appoint subordinate officers and employees of the  
commission, including legal counsel, and prescribe their duties and fix their compensation.  
(b) Appoint or use experts, consultants, technical advisers, and advisory committees for assistance and  
recommendations relative to preparation and promulgation of the code and to assist the commission  
and the director in carrying out this act.  
(c) Subject to the advice of the commission, do those things necessary or desirable to effectuate the  
general purposes and specific objectives of this act. (Emphasis added.)  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 2 of 10  
The May 11, 2022 Notice of Public Hearing for the above proposed Skilled Trades Rules did  
not have the time of the public hearing in the notice. This along with the above could be  
evidence that the Bureau is not really interested in receiving public comment. Given the  
potential consequences to STRA licensees, the promulgation of these proposed Skilled Trades  
Rules should be above reproach.  
Comment No. 4 – STRA licensees must be afforded due process for cited code violations.  
The STRA provides for the Michigan codes and given the number of governmental agencies  
who have assumed responsibility for administering and enforcing the Michigan codes along with  
the Bureau’s current practice of “choosing”4 not to conduct any performance evaluations of an  
enforcing agency on which a written complaint is filed, the proposed Skilled Trades Rules must  
make clear when a cited violation of the Michigan codes becomes an act of “demonstrating  
incompetence”. The proposed Skilled Trades Rule 115, being R 339.5115, does not specify  
when an alleged code violation may be deemed as an act “demonstrating incompetence”. Given  
that MCL 339.56035 and MCL 339.56076 could have severe adverse consequences for a STRA  
4 125.1509b Performance evaluation of enforcing agency.  
Sec. 9b. (1) The director, as prescribed in this section, may conduct a performance evaluation of an  
enforcing agency to assure that the administration and enforcement of this act and the code is being done  
pursuant to either section 8a or 8b. A performance evaluation may only be conducted either at the request  
of the local enforcing agency or upon the receipt of a written complaint. …  
5 MCL 339.5603 Violation of act, rule, or order; penalties.  
Sec. 603. If a person violates this act or a rule or order promulgated or issued under this act, the  
department shall assess 1 or more of the following penalties:  
(a) Placement of a limitation on a license.  
(b) Suspension of a license.  
(c) Denial of a license or renewal of a license.  
(d) Revocation of a license.  
(e) If the person is licensed under this act and except as otherwise provided in this act, an  
administrative fine to be paid to the department of not more than $10,000.00.  
(f) Censure.  
(g) Probation.  
(h) A requirement for the payment of restitution, based on proof submitted to and findings made by the  
hearing examiner after a contested case hearing.  
6MCL 339.5607 Violation of article or commission of certain acts.  
Sec. 607. A person that violates 1 or more of the provisions of a specific article of this act or that  
commits 1 or more of the following is subject to the penalties described in section 603:  
(a) Practices fraud or deceit in obtaining a license.  
(b) Practices fraud, deceit, or dishonesty in practicing an occupation.  
(c) Violates a rule of conduct of an occupation.  
(d) Demonstrates a lack of good moral character.  
(e) Commits an act of gross negligence in practicing an occupation.  
(f) Practices false advertising.  
(g) Commits an act that demonstrates incompetence.  
(h) Violates any other provision of this act or a rule promulgated under this act for which a penalty is not  
otherwise prescribed.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 3 of 10  
licensee, all steps for providing appropriate due process must be made clear in these propose  
Skilled Trades Rules . To make clear that STRA licensees and others are given appropriate due  
process when an enforcing agency cites a code violation before being deemed as an act of  
“demonstrating incompetence”, below is a requested change to be made to proposed Skilled  
Trades Rule R 339.5115:  
R 339.5115 Minimal standards.  
Rule 115. (1) The minimal standard of acceptable practice is the Stille-  
DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501  
to 125.1531. A licensee who deviates from fails to correct a cited code violation  
after exhausting all appeal provisions provided for in MCL 125.1514, MCL  
125.1516, and or MCL 125.1518, fails to obtain a variance for a cited code  
violation pursuant to MCL 125.1517, or is found guilty, after a formal  
complaint proceeding, for not complying with the minimal standard of  
acceptable practice or the specified requirements of the codes adopted pursuant to  
the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL  
125.1501 to 125.1531, its rules, these rules, or any acts by which the licensee  
operates may be considered to have committed an act demonstrating  
incompetence as described in section 607(g) of the act, MCL 339.5607.  
Comment No. 5 – Provide complainants an opportunity to perfect a complaint.  
MCL 339.55077 does not set any standards for when the Bureau must determine that a filed  
written complaint demonstrates evidence of a violation of the STRA or rule exists and therefore  
(i) Fails to comply with a subpoena issued under this act.  
(j) Fails to respond to a citation under section 539.  
(k) Violates or fails to comply with a final order issued by a board, including a stipulation, settlement  
agreement, or a citation.  
(l) Aids or abets another person in the unlicensed practice of an occupation.  
7 MCL 339.5507 Investigation; report; closing of complaint; action.  
Sec. 507. (1) The investigative unit of the department, within 30 days after the department receives the  
complaint, shall report to the director on the results of the investigation. If, for good cause shown, an  
investigation cannot be completed within 30 days, the director may extend the time in which a report may  
be filed. The total number of extensions granted under this section shall be included in the report required  
under section 217.  
(2) If the report of the investigative unit of the department does not disclose a violation of this act or a  
rule promulgated or an order issued under this act, the department shall close the complaint. The  
department shall forward the reasons for closing the complaint to the respondent and complainant, who  
then may provide additional information to reopen the complaint.  
(3) If the report of the investigative unit made under subsection (1) discloses evidence of a violation of  
this act or a rule promulgated or an order issued under this act, the department or the department of  
attorney general shall prepare the appropriate action against the respondent which may be any of the  
following:  
(a) A formal complaint.  
(b) A cease and desist order.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 4 of 10  
the Bureau has broad discretion to make determinations that a filed written complaint does not  
disclose a violation and then close the complaint. The STRA provides no administrative means  
to appeal the Bureau’s determination to close a complaint; whether that Bureau determine was  
appropriate or not.  
The proposed Skilled Trades rule 131, being R 339.5131, would limit a complainant’s time  
to perfect a written complaint that the Bureau claimed did not disclose a violation. Absent a  
statutory right to appeal the Bureau’s determination to close a complaint, a complainant must be  
allowed to perfect its written complaint after the Bureau claims there is insufficient evidence to  
disclose a violation. To provide for reasonable opportunity to perfect a complaint after it has  
been initially closed by the Bureau, below is a requested change to be made to proposed Skilled  
Trades Rule R 339.5131:  
R 339.5131 Complaints.  
Rule 131. A complaint filed under the act must be made within 12 months  
after the latest of the following:  
(a) Last day at jobsite.  
(b) Final approval from the inspector.  
(c) Payment or partial payment tendered.  
(d) The department closes a complaint under MCL 339.5507(2) that is  
related to the same activity.  
Evidence that this change is needed is found in the Bureau’s handling of BCC Complaint No.  
COMPL-LIC1900459, where the Bureau continued the investigation for more than 30 days and  
once the Bureau was able to destroy8 the referenced complaint evidence that was contained in  
Bureau Formal Complaint No. 21-18-336575 and 21-18-336576 Consent Order9; the Bureau  
closed BCC Complaint No. COMPL-LIC1900459, citing that this written complaint did not  
disclose a violation of the STRA.  
Further evidence of how the Bureau is using or misusing its discretionary authority of MCL  
339.5507(2), can be gleaned from the Bureau’s fiscal year annual reports10; where the Bureau  
published 2018, 2019, and 2020 Fiscal Year Annual Report indicates that out of the 377 Bureau  
STRA investigations undertaken by the Bureau, only 1 enforcement action in electrical was  
initiated by the Bureau and as of the 2019 Fiscal Year Annual Report there were 39 STRA  
investigations pending11.  
Comment No. 6 – Boiler installer licensees complying with CSD-1 when installing a boiler.  
(c) A notice of summary suspension.  
(d) A citation.  
8 The Bureau is only required to keep compliant records for one year, after which the Bureau may destroy  
the records.  
9 Where the builder admitted to remodeling a bathroom without obtaining permits and complying with code.  
10 Located at: https://www.michigan.gov/lara/bureau-list/bcc/leg-report.  
11 The Bureau’s 2020 Annual Fiscal Year Report did not disclose how many STRA related investigations  
were pending.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 5 of 10  
The proposed Skilled Trades Rule 206, being R 339.5206, does not make clear that the  
STRA licensed boiler installer, when performing a boiler installation under a Bureau issued  
boiler permit, must also comply with Bureau adopted standards. It makes absolutely no sense for  
a boiler to be installed by a Bureau licensed boiler installer, under a Bureau issued permit, only  
to have the Bureau require the owner after-the-fact to comply with the adopted CSD-1 standard.  
MCL 339.5939 requires that boiler installations only be performed by a licensed individual  
who was issued a permit to install the boiler. The proposed Skilled Trades Rules must make it  
clear that in addition to the owner and user of a boiler, the licensed boiler installer must to  
comply with the Skilled Trades Rules designed for the safe installation and operation of boilers  
in Michigan. To provide for such consistency and uniformity, below is a requested change to be  
made to proposed Skilled Trades Rule R 339.5206:  
R 339.5206 Adoption; ASME code CSD-1.  
Rule 206. (1) An owner, or user of a boiler, or a licensee performing an  
installation shall ensure that the installation, maintenance, operation, and testing  
of controls and safety devices is pursuant to manufacturer’s instructions and  
ASME code CSD-1, 2018 edition. The code is adopted by reference as amended  
in these rules and available for inspection and purchase at the Michigan  
Department of Licensing and Regulatory Affairs, Bureau of Construction Codes,  
611 W. Ottawa, Lansing, Michigan 48933 or for purchase from the ASME  
International, Two Park Avenue, New York, New York 10016-5990, (800) 843-  
2763, https://www.asme.org, at a cost as of the time of adoption of these rules of  
$103.00 for each code book.  
Comment No. 7 – Owner’s of boilers are typically not licensed to install boilers.  
The proposed Skilled Trades rule 208, being R 339.5208, imposes a requirement on the  
entity that is usually not licensed by the Bureau to install boilers, being the owner of the boiler.  
MCL 339.5939 requires that boiler installations only be performed by a licensed individual  
who was issued a permit to install the boiler. The proposed Skilled Trades Rules must make it  
clear that the licensed boiler installer must to comply with the Skilled Trades Rules designed for  
the safe installation and operation of boilers in Michigan. To provide for such consistency and  
uniformity, below is a requested change to be made to proposed Skilled Trades Rule R 339.5028:  
R 339.5208 Installation and reinstallation of boilers.  
Rule 208. (1) An owner and licensee performing a boiler installation shall  
ensure that the installation of a new boiler or a reinstalled boiler meets the  
requirements of these rules; the ASME boiler and pressure vessel code, 2019  
edition, the NBIC 2019 edition, and ASME CSD-1 2018. The ASME code  
requirement for the completion of a P4B data report for the installation of  
mechanically assembled boiler external piping is not required. Witnessing of the  
pressure test required by the NBIC part 1, section 2, paragraph 2.10.2, is not  
required.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 6 of 10  
(2) Where applicable, the boiler installation must comply with, R 408.30901 to  
R 408.30998; R 408.30701 to R 408.30796; and R 408.30801 to R 408.30880.  
(3) The NBIC code, part 1, section 2, paragraph 2.4.4, is enforced by R  
408.30701 to R 408.30796.  
(4) The NBIC code, part 1, section 3, paragraph 3.6.1, is enforced by R  
408.30901 to R 408.30998.  
Comment No. 8 – The licensed boiler installer preforming a new boiler installation under a  
Bureau issued boiler permit must receive a Bureau issued notice of violation.  
The proposed Skilled Trades Rule 221, being R 339.5221, of not including the permit holder  
in the list of to whom the notice of violation must be issued to violates MCL 339.5601(8)12 and  
MCL 125.1512(3)13. The law requires that a permit holder be issued the notice of violation  
issued by the Bureau, the proposed Skilled Trades Rule 221 exceeds the authority of the Bureau  
to adopt a rule that does not issue its notice of violation to the holder of the boiler installation  
permit.  
Currently on permitted boiler installations, the Bureau only issues its written notice of  
violation regarding a new boiler installation to the owner of the boiler and not the boiler permit  
holder. The proposed Skilled Trades Rules must make clear that for work relating to a Bureau  
12 MCL 339.5601(8) If construction is being undertaken contrary to a building permit, this act, or other  
applicable laws or ordinances, the enforcing agency shall give written notice to the person that holds  
the building permit, or if a permit has not been issued then to the person doing the construction, notifying  
that person of the violation of this act, or other applicable laws and ordinances, and that the person should  
appear and show cause why the construction should not be stopped. If the person doing the construction is  
not known, or cannot be located with reasonable effort, the enforcing agency may deliver the notice to the  
individual in charge of, or apparently in charge of, the construction. If the holder of the permit or the person  
doing the construction fails to appear and show good cause within 1 full working day after notice is  
delivered, the enforcing agency shall cause a written order to stop construction to be posted on the  
premises. … (Emphasis added.)  
13 MCL 125.1512(3) If construction is being undertaken contrary to a building permit, this act, or other  
applicable laws or ordinances, the enforcing agency shall give written notice to the holder of the building  
permit, or if a permit has not been issued then to the person doing the construction, notifying him of the  
violation of this act, or other applicable laws and ordinances, and to appear and show cause why the  
construction should not be stopped. If the person doing the construction is not known, or cannot be located  
with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of,  
the construction. If the holder of the permit or the person doing the construction fails to appear and show  
good cause within 1 full working day after notice is delivered, the enforcing agency shall cause a written  
order to stop construction to be posted on the premises. A person shall not continue, or cause or allow to  
be continued, construction in violation of a stop construction order, except with permission of the enforcing  
agency to abate the dangerous condition or remove the violation, or except by court order. If an order to  
stop construction is not obeyed, the enforcing agency may apply to the circuit court for the county in which  
the premises are located for an order enjoining the violation of the stop construction order. This remedy is  
in addition to, and not in limitation of, any other remedy provided by law or ordinance, and does not prevent  
criminal prosecution for failure to obey the order.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 7 of 10  
issued boiler permit, the notice of violation must at a minimum be issued to the holder of the  
boiler installation permit.  
To provide for language that would allow the Bureau to comply with the law when there is a  
boiler installation permit holder and in the absence of a boiler installation permit holder, provide  
for a notice to be issued to the owner or user of a boiler, below is a required change to be made  
to proposed Skilled Trades Rule R 339.5221:  
R 339.5221 Notice of violation.  
Rule 221. (1) A written notice of violation containing the code deficiencies  
must be sent to, or served upon, the licensee performing an installation or in  
the absence thereof, the owner or user by the chief inspector, deputy inspector,  
or special inspector advising of the existing conditions and stating a compliance  
date when the violation must be corrected. If the code deficiencies are not  
corrected by the compliance date, the violation notice serves as a suspension of  
the certificate.  
(2) When the notice of violation is issued as certificate blocking, the inspection  
certificate is suspended, and a written notice must be given to the owner or user at  
the time of the notice of violation is issued. The certificate blocking violation  
continues in effect until the boiler conforms to these rules and the certificate has  
been reinstated.  
(3) A fee must be charged pursuant to R 339.5176 for all follow-up visits by the  
chief inspector or deputy inspector.  
Comment No. 9 – Clearance according to manufacturer’s instructions.  
The proposed Skilled Trades Rule 233, being R 339.5233, does not acknowledge the current  
Bureau practice of allowing a Bureau permitted boiler installation to be done in accordance with  
the boiler manufacturer’s installation requirements (see existing Boiler Division permit  
application). The Bureau has not provided any justification for why a listed and labeled boiler  
cannot be installed with clearance as specified by the manufacturer of the boiler, who must also  
comply with CSD-1.  
To provide for such consistency and uniformity, below is a requested change to be made to  
proposed Skilled Trades Rule R 339.5233:  
R 339.5233 Clearance between boilers and other objects.  
Rule 233. (1) A licensee performing an installation shall ensure the  
installation is made pursuant to the manufacturer’s instructions or NBIC part 1  
section 2.3.3 and 3.3.4, except for the requirement that the minimum clearance of  
24 inches is provided between a boiler, its controls, firing equipment, and  
appurtenances and the building walls and partitions or other boilers or machinery.  
(2) The licensee shall ensure that clearances are pursuant to the  
manufacturer’s instructions where required clearances are greater than the  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 8 of 10  
minimum required by this rule. The boiler owner shall ensure that the clearances  
are maintained for the life of the boiler and not infringed upon by items in storage.  
(3) The elevation of a boiler above the floor must be as specified in R  
408.30901a to R 408.30996.  
(4) A licensee may request a deviation from the requirements of this rule by  
submitting a drawing and the manufacturer’s installation requirements to the chief  
inspector for review and approval before installation of the boiler. The licensee  
shall be notified by the chief inspector of the approval or denial of the request.  
(5) (4) Where applicable, the boiler installation clearances must comply with  
R 408.30801 to R 408.30880.  
Comment No. 10 – Protection of potable water for new boiler installations.  
The proposed Skilled Trades Rule 236, being R 339.5236, would require all existing boilers  
to modify their existing connections to the potable water supply, not just on new boiler  
installations. The Bureau has not provided any evidence or justification as to why existing  
connections to the potable water supply must be upgraded to comply with the current Michigan  
Plumbing Code.  
It should also be noted that the 2015 Michigan Plumbing Code, R 408.30701 to R 408.30796,  
in Sec. 102.214 provides that systems that are lawfully in existence shall be allowed to continue.  
The Bureau has not provided any evidence that lawfully in existence plumbing connections on  
existing boilers create a health and safety hazard that needs to be abated by these proposed  
Skilled Trades Rules  
Therefore, this proposed Skilled Trades Rule 236 should be modified to limit its application  
to only new boiler installations. To provide for such clarity, below is a requested change to be  
made to proposed Skilled Trades Rule R 339.5236:  
R339.5236 Prevention of contamination of potable water supply.  
Rule 236. A The new boiler installation owner shall ensure that a permitted  
boiler installation, when connected to a potable water supply system, has  
proper connections to the potable water supply system to prevent contamination.  
The connections must be as specified in R 408.30701 to R 408.30796.  
Comment No. 11 – Provide for lift test of pressure relief valves  
14 Sec. 102.2 of the 2015 Michigan Pluming Code, R 408.30701 to R 408.30796, states:  
102.2 Existing Installations  
Plumbing systems lawfully in existence at the time of the adoption of this code shall be  
permitted to have their use and maintenance continued if the use, maintenance or repair is  
in accordance with the original design and hazard to life, health or property is not created  
by such plumbing system.  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 9 of 10  
The existing Boiler Rule 56615, being Administrative Rule R 408.4566, allows for the  
qualified individual performing the Bureau required CSD-1 inspection to perform a “lift test” on  
the safety pressure relief valve, as opposed to increasing the pressure in the boiler until the  
pressure exceeds the pressure relief valve rating. For the safety of the technician performing the  
CSD-1 inspection, allowing lift test practice must be allowed to continue. To provide for such  
clarity, below is a requested change to be made to proposed Skilled Trades Rule R 339.5246:  
R 339.5246 Safety valves on connected boilers of different pressures.  
Rule 246. (1) When 2 or more boilers operating at different pressures and  
safety valve settings are interconnected, the lower pressure boilers or  
interconnected piping must be equipped with safety valves of sufficient capacity  
to prevent overpressure, considering the maximum amount of steam that can flow  
into the lower pressure system.  
(2) Inspection and testing of pressure relief devices shall be conducted  
pursuant to the NBIC. The manual lift test addressed in the NBIC part 2,  
paragraph 2.5.7 (e) may be used instead of the pressure test required by  
NBIC part 2, paragraph 2.5.7 (a) through (d).  
15 Existing Administrative Rule R 408.4566 Inspection and testing of pressure relief devices.  
Rule 566. Inspection and testing of pressure relief devices shall be conducted pursuant to the NBIC. The  
manual lift test addressed in the NBIC part 2, paragraph 2.5.7 (e) may be used instead of the pressure test  
required by NBIC part 2, paragraph 2.5.7 (a) through (d).  
Phil Forner’s May 23, 2022, Written Comment for proposed Skilled Trades Rules – Page 10 of 10  
phil@allendaleheating.com  
From:  
Sent:  
Subject:  
LARA-BCC-Rules <LARA-BCC-Rules@michigan.gov>  
Wednesday, May 11, 2022 9:55 AM  
Skilled Trades Notice of Public Hearing  
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF CONSTRUCTION CODES  
NOTICE OF PUBLIC HEARING  
Skilled Trades (ORR# 2019-101 LR)  
Plumbing Board (ORR# 2019-106 LR)  
Electrical Administrative Board (ORR# 2019-110 LR)  
Boiler Rules (ORR# 2019-115 LR)  
Board of Mechanical Rules (ORR# 2019-126 LR)  
Building Officials, Plan Reviewers, and Inspectors (ORR# 2019-109 LR)  
The Department of Licensing and Regulatory Affairs, Bureau of Construction Codes, will hold a public hearing on the  
Skilled Trades rules and the following repealed acts State Plumbing Board Act; Electrical Administrative Board Act ; Boiler  
Act; Board of Mechanical Act and Building Officials, Plan Reviewers, and Inspectors Act. The public hearing will be held  
on Monday May 23, 2022, at the 1st Floor Forum in the Michigan Library & Historical Center, 702 W. Kalamazoo St.,  
Lansing, MI 48915.  
The Skilled Trades Regulation Act, 2016 PA 407, repeals the State Plumbing Board Act, 2002 PA733, MCL 338.3511 to  
338.3569; Electrical Administrative Board Act, 1956 PA 217, MCL 338.881 to 338.892; Boiler Act, 1965 PA 290, MCL  
408.751 to 408.776 ; Board of Mechanical Act, 1984 PA 192, MCL 338.971 to 338.988; and the Building Officials and  
Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The repealed Acts are outdated and do not provide  
uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on  
the bureau administering the Acts and creates an inefficient use of resources. Additionally, many licensees who are cross  
licensed in multiple trades have expressed dissatisfaction with conflicting 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 these Acts were repealed, the bureau plans to rescind the licensing rules regulated under the  
Skilled Trades Regulation Act. The Skilled Trades Regulation Act, 2016 PA 407, 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. While  
the Skilled Trades Regulation Act repealed the five Acts that regulated certain skilled trades, this new Act includes  
provisions to regulate those same skilled trades  
The proposed rules will be published in the May 15th, Michigan Register. You may download a free copy of the proposed  
amendments by visiting the Bureau’s website at www.michigan.gov/bcc.  
Oral or written comments may be presented in person at the hearing May 23, 2022, or submitted in writing by email no later  
than 5:00 p.m., May 23, 2022, to the following email address LARA-BCC-Rules@michigan.gov. If your presentation at  
the public hearing is in written form, please provide a copy to the Rules Analyst, at the conclusion of your testimony at the  
hearing.  
Department of Licensing and Regulatory Affairs  
Bureau of Construction Codes  
Administrative Services Division  
Telephone (517) 582-5519  
LARA-BCC-Rules@michigan.gov  
1
602 W. Ionia, Lansing, MI 48933 | 517-763-7892 | mjdsmith@miacca.org |www.miacca.org  
May 23, 2022  
Department of Licensing and Regulatory Affairs  
Bureau of Construction Codes  
Administrative Services Division  
Via Email: LARA-BCC-Rules@michigan.gov  
Re: Written Comment for the following proposed Skilled Trades rules:  
Skilled Trades (ORR# 2019-101 LR)  
Plumbing Board (ORR# 2019-106 LR)  
Electrical Administrative Board (ORR# 2019-110 LR)  
Boiler Rules (ORR# 2019-115 LR)  
Board of Mechanical Rules (ORR# 2019-126 LR)  
Building Officials, Plan Reviewers, and Inspectors (ORR# 2019-109 LR)  
Good Afternoon;  
Please find the Michigan Air Conditioning Contractors Association’s (MIACCA) written  
comments pursuant to the public notice emailed on May 11, 2022:  
Comment No. 1 – Failure to consult with appropriate Skilled Trades Regulation Act (STRA)  
boards.  
The Bureau in its request for this proposed Skilled Trades rule-making, dated June 24, 2019,  
cited MCL 339.5207 as authority, however the Bureau of Construction Codes (Bureau) has not  
consulted with the appropriate boards as required by statute. The Bureau must follow the law and  
first consult with the industry experts who are appointed to the Plumbing Board, Electrical  
Board, the Board of Boiler Rules and Board of Mechanical Rules, before holding a public  
hearing on these proposed Skilled Trades rules or adoption by the Bureau.  
Furthermore, this type of consulting with the appropriate board is also supported by MCL  
125.1504(4). Given that these proposed Skilled Trades rules affect the trades, the Bureau should  
also, consult the applicable Plumbing Board, Electrical Board, the Board of Boiler Rules and  
Board of Mechanical Rules regarding their respective area of expertise.  
Additionally, MCL 339.5907 has a specific requirement for any proposed rules relating to  
boilers, and rightfully so given the potential for catastrophic damage. The Bureau has not  
consulted with the Board of Boiler Rules about the proposed Skilled Trades rules Rule 171  
through Rule 253, being R 339.5171 through R 339.5253. These proposed boiler rules must not  
be adopted until the Bureau consults with the Board of Boiler Rules.  
Comment No. 2 – Failure to consult with Construction Code Commission (Commission).  
The Bureau has not consulted with the Commission, nor received the Commission’s  
approval, regarding the proposed Skilled Trades rules as required by or MCL 125.1507(1)(c).  
The Construction Code Commission, which is made up of industry experts from the various  
trades and boards, must be consulted on these proposed Skilled Trades rules.  
Even though the Bureau has not cited MCL 125.1507(1)(c) in its June 24, 2019 request  
for rulemaking, the Bureau cannot ignore the statutory requirement that the Commission must be  
consulted and the Bureau must obtain the approval from the Commission for these proposed  
Skilled Trades rules. Once the proposed Skilled Trades rules are approved by the Commission,  
only then can the proposed Skilled Trade rules be adopted by the Bureau.  
Comment No. 3 – Insufficient public notice of hearing time.  
The May 11, 2022 Notice of Public Hearing for the above proposed Skilled Trades rules did  
not have the time of the public hearing in the notice. This along with the above could be  
evidence that the Bureau is not really interested in receiving public comment. Given the potential  
consequences to STRA licensees, the promulgation of these proposed Skilled Trades rules should  
be above reproach. The time was finally sent, after business hours, at 5:53 p.m. Friday, May 20,  
2022 for the hearing stating the start time at 9:00 a.m. on May 23, 2022.  
Comment No. 4 – STRA licensees must be afforded due process for cited code violations.  
The STRA provides for the Michigan codes and given the numerous governmental agencies  
have assumed responsibility for administering and enforcing the Michigan codes along with the  
Bureau’s current practice of “choosing” not to conduct any performance evaluations of an  
enforcing agency on which a written complaint is filed, the proposed Skilled Trades rules must  
make clear when a cited violation of the Michigan codes becomes an act of “demonstrating  
incompetence”. The proposed Skilled Trades Rule 115, being R 339.5115, does not specify when  
an alleged code violation may be deemed as an act “demonstrating incompetence”. Given that  
MCL 339.5603 and MCL 339.5607 could have severe adverse consequences for a STRA  
licensee, all steps for providing appropriate due process must be made clear in these propose  
Skilled Trades rules. To make clear that STRA licensees and others are given appropriate due  
process when an enforcing agency cites a code violation before being deemed as an act of  
“demonstrating incompetence”, below is a requested change to be made to proposed rule R  
339.5115:  
R 339.5115 Minimal standards.  
Rule 115. (1) The minimal standard of acceptable practice is the  
Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL  
125.1501 to 125.1531. A licensee who deviates from fails to correct a cited code  
violation after exhausting all appeal provisions provided for in MCL  
125.1514, MCL 125.1516, and or MCL 125.1518, fails to obtain a variance for  
a cited code violation pursuant to MCL 125.1517, or is found guilty, after a  
formal complaint proceeding, for not complying with the minimal standard of  
acceptable practice or the specified requirements of the codes adopted pursuant to  
the Stille-DeRossett-Hale single state construction code act, 1972 PA 230,  
MCL 125.1501 to 125.1531, its rules, these rules, or any acts by which the  
licensee operates may be considered to have committed an act demonstrating  
incompetence as described in section 607(g) of the act, MCL 339.5607.  
Comment No. 5 – Provide complainants an opportunity to perfect a complaint.  
MCL 339.5507 does not set any standards for when the Bureau must determine that a filed  
written complaint demonstrates evidence of a violation of the STRA or rule exists and therefore  
the Bureau has broad discretion to make determinations that a filed written complaint does not  
disclose a violation and then close the complaint. The STRA provides no administrative means  
to appeal the Bureau’s determination to close a complaint; whether that Bureau determine was  
appropriate or not.  
The proposed Skilled Trades rule 131, being R 339.5131, would limit a complainant’s time to  
perfect a written complaint that the Bureau claims but the written complaint does not disclose a  
violation. Absent a statutory right to appeal the Bureau’s determination to close a complaint, a  
complainant must be allowed to perfect its written complaint after the Bureau claims that the  
evidence submitted does not disclose a violation. To provide for a complaint’s ability to perfect a  
complaint, below is a requested change to be made to proposed rule R 339.5131:  
R 339.5131 Complaints.  
Rule 131. A complaint filed under the act must be made within 12 months  
after the latest of the following:  
(a) Last day at the jobsite.  
(b) Final approval from the inspector.  
(c) Payment or partial payment tendered.  
(d) The department closes a complaint under MCL 339.5507(2) that is  
related to the same activity.  
Evidence that this change is needed is found in the Bureau’s handling of BCC Complaint No.  
COMPL-LIC1900459, where the Bureau continued the investigation for more than 30 days and  
once the Bureau was able to destroy the referenced evidence contained in Bureau Formal  
Complaint No. 21-18-336575 and 21-18-336576 Consent Order, the Bureau closed BCC  
Complaint No. COMPL-LIC1900459, citing that this written complaint did not disclose a  
violation of the STRA.  
Further evidence of how the Bureau is using or misusing its discretionary authority of MCL  
339.5507(2), can be gleaned from the Bureau’s fiscal year annual reports; where the Bureau  
published 2018, 2019, and 2020 Fiscal Year Annual Report indicates that out of the 377 Bureau  
STRA investigations undertaken by the Bureau, only 1 enforcement action in electrical was  
initiated by the Bureau and as of the 2019 Fiscal Year Annual Report there were 39 STRA  
investigations pending.  
Comment No. 6 – Boiler installer licensees complying with CSD-1 when installing a boiler.  
The proposed Skilled Trades rule 206, being R 339.5206, does not make clear that the STRA  
licensed boiler installer, when performing a boiler installation under a Bureau issued boiler  
permit, must also comply with Bureau adopted standards. It does not make sense for a boiler to  
be installed by a Bureau licensed boiler installer, under a Bureau issued permit, only to have the  
Bureau require the owner after-the-fact to comply with the adopted CSD-1 standard.  
MCL 339.5939 requires that boiler installations only be performed by a licensed individual  
who was issued a permit to install the boiler. The proposed Skilled Trades rules must make it  
clear that in addition to the owner and user of a boiler, the licensed boiler installer must comply  
with the Skilled Trades rules designed for the safe installation and operation of boilers in  
Michigan. To provide for such consistency and uniformity, below is a requested change to be  
made to proposed rule R 339.5206:  
R 339.5206 Adoption; ASME code CSD-1.  
Rule 206. (1) An owner, or user of a boiler, or a licensee performing an  
installation shall ensure that the installation, maintenance, operation, and testing  
of controls and safety devices is pursuant to manufacturer’s instructions and  
ASME code CSD-1, 2018 edition. The code is adopted by reference as amended  
in these rules and available for inspection and purchase at the Michigan  
Department of Licensing and Regulatory Affairs, Bureau of Construction Codes,  
611 W. Ottawa, Lansing, Michigan 48933 or for purchase from the ASME  
International, Two Park Avenue, New York, New York 10016-5990, (800)  
843-2763, https://www.asme.org, at a cost as of the time of adoption of these rules  
of $103.00 for each code book.  
Comment No. 7 – Owner’s of boilers are typically not licensed to install boilers.  
The proposed Skilled Trades rule 208, being R 339.5208, imposes a requirement on the entity  
that is usually not licensed by the Bureau to install boilers, being the owner of the boiler.  
MCL 339.5939 requires that boiler installations only be performed by a licensed individual  
who was issued a permit to install the boiler. The proposed Skilled Trades rules must make it  
clear that the licensed boiler installer must comply with the Skilled Trades rules designed for the  
safe installation and operation of boilers in Michigan. To provide for such consistency and  
uniformity, below is a requested change to be made to proposed rule R 339.5028:  
R 339.5208 Installation and reinstallation of boilers.  
Rule 208. (1) An owner and licensee performing a boiler installation shall  
ensure that the installation of a new boiler or a reinstalled boiler meets the  
requirements of these rules; the ASME boiler and pressure vessel code, 2019  
edition, the NBIC 2019 edition, and ASME CSD-1 2018. The ASME code  
requirement for the completion of a P4B data report for the installation of  
mechanically assembled boiler external piping is not required. Witnessing of the  
pressure test required by the NBIC part 1, section 2, paragraph 2.10.2, is not  
required.  
(2) Where applicable, the boiler installation must comply with, R 408.30901 to R  
408.30998; R 408.30701 to R 408.30796; and R 408.30801 to R 408.30880.  
(3) The NBIC code, part 1, section 2, paragraph 2.4.4, is enforced by R 408.30701  
to R 408.30796.  
(4) The NBIC code, part 1, section 3, paragraph 3.6.1, is enforced by R 408.30901  
to R 408.30998.  
Comment No. 8 – The licensed boiler installer preforming a new boiler installation under a  
Bureau issued boiler permit must receive a Bureau issued notice of violation.  
The proposed Skilled Trades Rule 221, being R 339.5221, of not including the permit holder  
in the list of to whom the notice of violation must be issued violates MCL 339.5601(8) and MCL  
125.1512(3). The law requires that a permit holder be issued the notice of violation issued by the  
Bureau, the proposed Skilled Trades Rule 221 exceeds the authority of the Bureau to adopt a rule  
that does not issue its notice of violation to the holder of the boiler installation permit. To provide  
for language that would allow the Bureau to comply with the law when there is a permit holder  
and in the absence of a permit holder provide for a notice to be issued to the owner or user of a  
boiler, below is a required change to be made to proposed rule R 339.5221:  
R 339.5221 Notice of violation.  
Rule 221. (1) A written notice of violation containing the code deficiencies  
must be sent to, or served upon, the licensee performing an installation or in  
the absence thereof, the owner or user by the chief inspector, deputy inspector, or  
special inspector advising of the existing conditions and stating a compliance date  
when the violation must be corrected. If the code deficiencies are not corrected by  
the compliance date, the violation notice serves as a suspension of the certificate.  
(2) When the notice of violation is issued as certificate blocking, the inspection  
certificate is suspended, and a written notice must be given to the owner or user at  
the time that the notice of violation is issued. The certificate blocking violation  
continues in effect until the boiler conforms to these rules and the certificate has  
been reinstated.  
(3) A fee must be charged pursuant to R 339.5176 for all follow-up visits by the  
chief inspector or deputy inspector.  
Comment No. 9 – Clearance according to manufacturer’s instructions.  
The proposed Skilled Trades Rule 233, being R 339.5233, does not acknowledge the current  
Bureau practice of allowing a licensed boiler to install a boiler in accordance with the boiler  
manufacturer’s installation clearance (with reference to the current Boiler Division permit  
application). The Bureau has not provided any justification for why a listed and labeled boiler  
cannot be installed with clearance as specified by the manufacturer of the boiler who must also  
comply with CSD-1.  
To provide for such consistency and uniformity, below is a requested change to be made to  
proposed Skilled Trades rule R 339.5233:  
R 339.5233 Clearance between boilers and other objects.  
Rule 233. (1) A licensee performing an installation shall ensure the  
installation is made pursuant to the manufacturer’s instructions or NBIC part 1  
section 2.3.3 and 3.3.4, except for the requirement that the minimum clearance of  
24 inches is provided between a boiler, its controls, firing equipment, and  
appurtenances and the building walls and partitions or other boilers or machinery.  
(2) The licensee shall ensure that clearances are pursuant to the  
manufacturer’s instructions where required clearances are greater than the  
minimum required by this rule. The boiler owner shall ensure that the clearances  
are maintained for the life of the boiler and not infringed upon by items in storage.  
(3) The elevation of a boiler above the floor must be as specified in R  
408.30901a to R 408.30996.  
(4) A licensee may request a deviation from the requirements of this rule by  
submitting a drawing and the manufacturer’s installation requirements to the chief  
inspector for review and approval before installation of the boiler. The licensee  
shall be notified by the chief inspector of the approval or denial of the request.  
(5) (4) Where applicable, the boiler installation clearances must comply with  
R 408.30801 to R 408.30880.  
Comment No. 10 – Protection of potable water for new boiler installations.  
The proposed Skilled Trades Rule 236, being R 339.5236, would require all existing boilers  
to modify their existing connections to the potable water supply, not just on new boiler  
installations. The Bureau has not provided any evidence or justification as to why existing  
connections to the potable water supply must be upgraded to comply with the current Michigan  
Plumbing Code. Therefore, this proposed Skilled Trades Rule 236 should be modified to limit its  
application to only new boiler installations. To provide for such clarity, below is a requested  
change to be made to proposed Skilled Trades rule R 339.5236:  
R339.5236 Prevention of contamination of potable water supply.  
Rule 236. A The new boiler installation owner shall ensure that a permitted  
boiler installation, when connected to a potable water supply system, has  
proper connections to the potable water supply system to prevent contamination.  
The connections must be as specified in R 408.30701 to R 408.30796.  
Comment No. 11 – Provide for lift test of pressure relief valves  
The existing Boiler Rule 566, being Administrative Rule R 408.4566, allows for the qualified  
individual performing the Bureau required CSD-1 inspection to perform a “lift test” of the safety  
pressure relief valve as opposed to increasing the pressure in the boiler until the pressure exceeds  
the pressure relief valve rating. For the safety of the technician performing the CSD-1 inspection,  
allowing lift test practice must be allowed to continue. To provide for such clarity, below is a  
requested change to be made to proposed Skilled Trades rule R 339.5246:  
R 339.5246 Safety valves on connected boilers of different pressures.  
Rule 246. (1) When 2 or more boilers operating at different pressures and  
safety valve settings are interconnected, the lower pressure boilers or  
interconnected piping must be equipped with safety valves of sufficient capacity  
to prevent overpressure, considering the maximum amount of steam that can flow  
into the lower pressure system.  
(2) Inspection and testing of pressure relief devices shall be conducted  
pursuant to the NBIC. The manual lift test addressed in the NBIC part 2,  
paragraph 2.5.7 (e) may be used instead of the pressure test required by  
NBIC part 2, paragraph 2.5.7 (a) through (d).  
Your consideration of our comments are greatly appreciated. Should you have any questions, or  
need additional information, please feel free to contact me.  
Best Regards,  
M.J. D’Smith  
Executive Director  
My name is William Hordyk. I am a registered Building Inspector and Plans Examiner in the  
State of Michigan. I also hold 20 national certifications with the International Code Council  
including that of Mater Code professional. I come to you duly elected by the Metro Building  
Inspectors Association of Greater of Grand Rapids to speak on their behalf regarding this mater.  
The Metro association is a group of over 130 registered building officials and inspectors  
performing their duties for over 70 delegated authorities in the state of Michigan.  
In review of the proposed Skilled Trades Regulations Rules, I would like to bring the following to  
light:  
1- The creation of multiple plan review classifications within part 10 of the proposed rules is in  
violation of the language and intent of PA 407  
a. Within article 10 of PA 407 “Plan reviewer” is defined as  
"Plan reviewer" means an individual who is engaged in the practice of examining  
construction documents for the purpose of determining compliance with applicable codes.  
Here “plan reviewer” is identified as “an individual” meaning one person. The term  
“construction documents” and “applicable codes” are plural. The definition clearly  
calls for a single person to review documents for compliance with multiple codes.  
b. Further, the term “fire protection system plan reviewer” is defined  
"Fire protection system plan reviewer" means an individual who meets the qualifications  
established under this article and is responsible for the review of fire protection system plans  
in accordance with the design and installation standards referenced by the Michigan building  
code.  
In such, the Act creates two, and only two, classifications of an individual responsible for  
reviewing construction documents. It only goes to reason, and can be assumed, that if the  
authors of the Act intended to create separate review categories for Mechanical plan  
reviewers, Electrical plan reviewers and Plumbing plan reviewers, as the rules proposed by  
the bureau do, that the legislature would have established definitions for such terms within  
the language of the Act.  
The result of requiring multiple plan reviewer categories will be to over-burden plan  
reviewers with so many continuing education requirements that to currently registered  
persons could maintain their certifications. For example, as a Master Code Professional, I  
am required to maintain 60 hours of CE within a 3 year period. The proposed rules would  
require me to obtain 160 hours of CE in that period, and that only for my plan review  
categories.  
Lastly I find it in error that the Bureau has already implemented the additional financial  
burden on plan reviewers, without substantiation in the rules, to increase our registration  
fees from $75 per three year cycle to $300.  
Apart from the refusal of the Bureau of Construction Codes to follow the legal requirements for  
promulgation of rules established in PA 407 and their attempt at expanding their powers  
beyond that granted to them, the language of the proposed rules is confusing and ill-conceived.  
Thank you for your time today.  
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