DEPARTMENT OF LABOR & ECONOMIC GROWTH

                         DIRECTOR'S OFFICE

                         CONSTRUCTION CODE

(By authority conferred on the  director  of  the  department  of  labor  and 
economic growth by section 4 of 1972 PA 230, MCL 125.1504, section 1 of  1937 
PA 306, MCL 388.851, and  Executive  Reorganization  Order  Nos.  1996-2  and 
2003-1, MCL 445.2001 and 445.2011)

                        
                       PART 11. PREMANUFACTURED UNITS

R  408.31101   Title.
  Rule 1101. This part shall be  known  as  the  Michigan  rules  for  the
certification of premanufactured units.

  History:  1979 AC.


R  408.31103   Definitions; A, B.
  Rule 1103. (1) "Act" means Act No. 230 of the Public Acts  of  1972,  as
amended, being SS125.1501 to 125.1531 of the Michigan Compiled Laws. Terms
defined in the act have the same meaning when used in these rules.
  (2) "Approved" means approved by the commission or the bureau.
  (3) "Building component" means  any  subsystem,  subassembly,  or  other
system designed for use in or as part of a structure,  which  may  include
structural, electrical, mechanical, plumbing, and fire protection  systems
and other systems affecting health and safety.
  (4) "Building system" means plans, specifications, and documentation for
a system of premanufactured units or for a type or a  system  of  building
components,  which  may  include   structural,   electrical,   mechanical,
plumbing, and fire protection systems and other systems  affecting  health
and safety, including variations  which  are  submitted  as  part  of  the
building system.
  (5) "Bureau" means the executive director of the bureau of  construction
codes and the executive director's staff as defined in section  7  of  the
act.

  History:  1979 AC; 1984 AACS.


R  408.31104   Definitions; C to G.
  Rule 1104. (1) "Closed construction" means any unit, building,  building
components, assembly, or system manufactured in such  a  manner  that  all
concealed parts or processes of manufacture  cannot  be  inspected  before
installation at the site without disassembly, damage, or destruction.
  (2) "Compliance assurance program" means the system, documentation,  and
methods of assuring that premanufactured units  and  building  components,
including their manufacture, storage, transportation, assembly,  handling,
and installation, conform to the act and these rules.
  (3)  "Enforcing  agency"  means  the  agency  in  a  governmental   unit
principally  responsible  for  the  administration  and   enforcement   of
applicable construction regulations.
  (4) "Evaluation  agency"  means  an  approved  person  or  organization,
private or public, including a governmental subdivision, determined by the
commission to be qualified by reason of facilities, personnel, experience,
and demonstrated reliability and independence of judgment, to investigate,
evaluate,  and  recommend  approval  of  premanufactured  units,  building
components, building systems, or  compliance  assurance  programs  and  to
recommend issuance of labels.
  (5)  "Governmental  subdivision"  means  a  county,  city,  village,  or
township which, in accordance with section 8 or 9 of the act, has  assumed
responsibility for the administration  and  enforcement  of  a  nationally
recognized model code or the act and the code within its jurisdiction.

  History:  1979 AC; 1984 AACS.


R  408.31105   Definitions; I to L.
  Rule 1105. (1) "Independence of judgement" means  not  being  affiliated
with  or  influenced  or  controlled  by  building  manufacturers  or   by
producers,  suppliers,  or  vendors  of  products  or  equipment  used  in
premanufactured units and building components,  in  any  manner  which  is
likely to affect capacity to render reports and findings  objectively  and
without bias.
  (2) "Inspection  agency"  means  an  approved  person  or  organization,
private or public, including a governmental subdivision, determined by the
commission to be qualified by reason of facilities, personnel, experience,
and demonstrated reliability and independence of judgement, to conduct  or
supervise compliance assurance programs,  to  recommend  certification  of
premanufactured units and building components, and to  recommend  issuance
and attachments of labels.
  (3) "Installation" means the process  of  affixing,  or  assembling  and
affixing, premanufactured units or building  components  on  the  building
site, or to an existing building.
  (4) "Label" means an approved device or seal evidencing certification in
accordance with the act and these rules.

  History:  1979 AC; 1984 AACS.


R  408.31106   Definitions; M to P.
  Rule 1106. (1) "Mobile home" means a vehicular, portable structure built
on a chassis and designed to be used without a permanent foundation  as  a
dwelling when connected to required utilities and which is, or is intended
to be, attached to the ground, to  another  structure,  or  to  a  utility
system on the same premises for more than 30 consecutive days.
  (2) "Model" means a type of building system, an assembly of materials or
products intended to comprise  a  building  or  structure  of  a  definite
pattern or design and so designated by name or number,  or  both,  by  the
manufacturer. A model may be increased in size up to 1 foot, 11 inches  in
length or depth before a new model designation is required.
  (3)  "Open  construction"  means  unit,  building,  building  component,
assembly, or system manufactured in such a manner that all portions can be
readily inspected at the building site  without  disassembly,  damage,  or
destruction.
  (4) "Premanufactured unit" means an assembly of  materials  or  products
intended to comprise all or part of a building or structure, and  that  is
assembled, at other than the final location of the unit of the building or
structure, by a repetitive process under circumstances intended to  insure
uniformity of quality and material content. The  term  includes  a  mobile
home.

  History:  1979 AC; 1984 AACS.


R 408.31107  Definitions; U.
  Rule  1107.   "Used  modular  classroom"  means  a   premanufactured   unit 
manufactured before November 30, 1998, approved as a group  E  occupancy  and 
used for school purposes.

  History: 2006 AACS.


R  408.31111   Applicability.
  Rule 1111. (1) These rules govern  the  design,  manufacture,  handling,
storage, transportation, and installation  of  premanufactured  units  and
building components intended for installation in  this  state  or  in  any
other state or local  governmental  jurisdiction  in  which  the  building
components and the labels thereon are accepted.
  (2) A premanufactured unit or  building  components  may  be  sold  for,
delivered to, or installed on, building sites located in any  governmental
subdivision if:
  (a) The unit or building components have  been  approved  and  certified
pursuant to the act and these rules.
  (b) The installation complies with the governmental subdivision's zoning
laws and other applicable ordinances.

  History:  1979 AC; 1984 AACS.


R  408.31112   Preemption.
  Rule 1112.  Premanufactured  units  and  building  components  certified
pursuant to these rules are deemed to comply with the requirements of  all
laws, ordinances, rules, and regulations which govern the  matters  within
the scope of the approval and certification, regardless of the  provisions
of any other law, ordinance, rule, or regulation.

  History:  1979 AC.


R  408.31113   Applicability of local laws.
  Rule 1113. (1) Except as provided by or pursuant to the  act  and  these
rules,  land  use   zone   requirements,   performance-based   fire   zone
requirements,  building  set-back  requirements,  side   and   rear   yard
requirements,  property  line  requirements,  and   on-site   development,
construction, and inspection are specifically and entirely reserved to the
governmental subdivision.
  (2) In areas of the state where special environmental  conditions  exist
which require special or  different  building  standards,  pursuant  to  R
408.31121, governmental subdivisions shall prescribe  such  standards  for
those parts of the site development, foundation, and other work, for which
responsibility is vested  in  the  governmental  subdivision  pursuant  to
subrule (1).

  History:  1979 AC; 1984 AACS.


R  408.31121   Standards, specifications, and requirements adopted.
  Rule 1121. Building systems shall comply  with  the  state  construction
code.

  History:  1979 AC.


R  408.31122   Amendments.
  Rule 1122. Consistent with subrule (8) of R 408.31133, the bureau  shall
notify all manufacturers  with  approved  building  systems,  governmental
subdivisions, and other concerned persons of all amendments. For  purposes
of this rule, a premanufactured unit or building component is deemed to be
manufactured at such time as the label is attached  to  it  in  accordance
with an approved compliance assurance program.

  History:  1979 AC; 1984 AACS.


R  408.31131   Enforcement responsibility.
  Rule 1131. The commission shall administer and enforce these rules.  The
commission has the responsibility for evaluating  and  approving  building
systems, and inspecting and certifying premanufactured units and  building
components for compliance with these rules.  The  commission  may  receive
recommendations for acceptance of premanufactured units, building systems,
and compliance assurance  programs  submitted  for  approval  by  approved
evaluation and inspection agencies.

  History:  1979 AC.


R  408.31132   Approvals of  building  systems  and  compliance  assurance
  programs.
  Rule 1132. (1) The commission shall approve and  issue  certificates  of
acceptability for compliance assurance  programs  which  comply  with  the
requirements of the act and these rules.
  (2) The commission, or if the  commission  so  designates,  the  bureau,
shall approve building systems and building components which  comply  with
the codes,  standards,  specifications,  and  requirements  adopted  in  R
408.31121, and with other requirements of the act and these rules.

  History:  1979 AC; 1984 AACS.


R  408.31133   Building systems.
  Rule 1133. (1) To obtain approval for premanufactured units or  building
components, a manufacturer shall submit a building system  for  evaluation
by the bureau in accordance with the requirements of R 408.31151. Building
systems shall be identified by model number or component number.
  (2) Before a full evaluation, the bureau shall determine  that  building
systems submitted to it are suitable for processing. If the application is
found to be unsuitable for processing, the applicant shall be notified  in
writing of the unsuitability and the basis thereof within 30 days  of  the
date the application is received by the bureau and a portion  of  the  fee
may be returned. The finding of  unsuitability  is  without  prejudice.  A
subsequent submission shall be treated as a new application.
  (3) The bureau may require tests to determine whether a building  system
meets the codes, standards, and requirements of the act and  these  rules,
if  that  determination  cannot  be  made  from   evaluation   of   plans,
specifications, and documentation alone.  The  procedures  used  shall  be
reviewed and evaluated by the bureau.
  (4) If a building system is disapproved, the  bureau  shall  notify  the
applicant with a  written  explanation  of  the  reasons  for  disapproval
attached thereto.
  (5) Approval of a building system shall be evidenced  by  the  stamp  of
approval of the bureau on each sheet,  or  by  other  effective  means  of
identification. Each sheet shall be numbered serially and  shall  indicate
effective dates of revision. One copy of all  plans,  specifications,  and
documentation shall be returned to the applicant.
  (6) The bureau shall prepare and  issue  to  the  applicant  a  building
system approval report signed by the drafter and by the person  in  charge
of the evaluation. The report  shall  be  numbered  and  shall  contain  a
summary description of the building system and all of  the  conditions  of
its use including installation instructions.
  (7) A building system, or an amendment thereto which has been  approved,
shall not be altered  without  prior  authorization  by  the  bureau.  All
approved changes shall be made  a  part  of  the  written  record  of  the
approval. The authorization shall be in writing or be confirmed in writing
within 10 days of any oral authorization.
  (8) A change in the codes, standards, specifications,  and  requirements
shall not apply retroactively. The bureau shall notify  all  manufacturers
with approved building systems and evaluation  agencies  of  all  changes.
Each manufacturer shall submit to the bureau the necessary  amendments  to
its already approved building systems.
  (9) Amendments to building systems may be proposed by submitting to  the
bureau for approval, appropriate plans, specifications,  or  documentation
showing the effect of the proposed amendment on each building system.
  (10) The bureau may suspend or revoke the approval of a building  system
when the approval was issued in error  or  was  issued  on  the  basis  of
incorrect information or was issued in violation  of  these  rules  or  is
later found to be in violation of these rules.  Notice  of  suspension  or
revocation of the approval shall be in writing with the reasons set  forth
therein. Appeals from suspensions  or  revocations  shall  receive  timely
review.

  History:  1979 AC; 1984 AACS.


R  408.31134   Compliance assurance programs.
  Rule 1134. (1) A manufacturer shall obtain  approval  for  a  compliance
assurance program for his building system. Units  or  building  components
shall be manufactured in accordance with an approved program in  order  to
be certified. Compliance assurance programs  shall  be  submitted  to  the
commission in accordance with the requirements of R 408.31161.
  (2) Before  full  evaluation,  the  commission  shall  have  the  bureau
determine that the application for approval submitted to  it  is  suitable
for  processing.  If  the  application  is  found  to  be  unsuitable  for
processing,  the  applicant  shall  be  notified   in   writing   of   the
unsuitability and the basis  thereof  within  30  days  of  the  date  the
application is received by the commission and a portion of the fee may  be
returned. The findings of unsuitability  shall  be  without  prejudice.  A
subsequent submission shall be treated as a new application.
  (3) Compliance  assurance  programs  submitted  for  approval  shall  be
evaluated for compliance with the act and these rules.
  (4) If a compliance assurance program  is  disapproved,  the  commission
shall notify the applicant with a written explanation of the  reasons  for
disapproval attached thereto.
  (5) Approval of compliance assurance programs shall be evidenced by  the
stamp of approval of the commission on each sheet, or by  other  effective
means  of  identification.  One  copy  of  the  approved  application  and
documentation shall be returned to the applicant.
  (6) A compliance assurance program or an  amendment  thereto  which  has
been approved shall not be altered  without  prior  authorization  by  the
commission. All approved amendments shall be made a part  of  the  written
record of the approval.
  (7) The commission may suspend or revoke its approval of any  compliance
assurance program whenever the approval was issued in error, was issued on
the basis of incorrect information, or was issued in  violation  of  these
rules. If the commission determines that premanufactured units or building
components manufactured pursuant to an approved  building  system  do  not
comply with the act or these rules and the manufacturer  fails  to  comply
with a corrective order, the commission may suspend or revoke the approval
of  the  manufacturer's  compliance  assurance  program.  Notice  to   the
manufacturer and the inspection agency  of  suspension  or  revocation  of
approval shall be in writing with the reasons for suspension or revocation
set forth therein. Appeals from suspensions or revocations  shall  receive
timely review.

  History:  1979 AC; 1984 AACS.


R  408.31135   Certification.
  Rule 1135. Premanufactured units and building  components,  accepted  by
the bureau and the commission as having been manufactured according to  an
approved building system and an  approved  compliance  assurance  program,
shall be certified by the commission as complying with the requirements of
the  act  and  these  rules.  Certification  shall  be  evidenced  by  the
attachment of a label to each  certified  premanufactured  unit,  building
component or group of components. The commission  may  authorize  approved
inspection  agencies  to  make  all  or  part   of   the   inspection   of
premanufactured units or building components.

  History:  1979 AC; 1984 AACS.


R  408.31136   Manufacturer's data plate.
  Rule 1136. (1) The following information shall be placed directly  on  1
or more permanent manufacturer's  data  plates  in  the  vicinity  of  the
electrical  distribution  panel  or  in  some  other  designated  location
acceptable to the commission, on  the  premanufactured  unit  or  building
component where it will be readily accessible for inspection:
  (a) Manufacturer's name and address.
  (b) Serial number of the unit.
  (c) Label serial number.
  (d) Name and date of applicable  nationally  recognized  codes  complied
with.
  (e)  Model  designation  and  name  of  manufacturer  of  major  factory
installed appliances.
  (f) Identification  of  permissible  type  of  gas  for  appliances  and
directions for water and drain connection.
  (g) Snow, wind, seismic and other live loads.
  (h) Electrical ratings and instructions and warnings on voltage.
  (i) Special conditions or limitations on  use  of  the  unit,  including
unsuitability  for  areas  in  which  specified  environmental  conditions
prevail.
  (j) Date of manufacture.
  (2) If, in the opinion of the bureau, the shape or size  of  a  building
component is such that the information required in subrule (1)  cannot  be
attached to a component permanently, the information may be  placed  in  a
manual crated with the component or on a tag  attached  to  the  crate  in
which the component is shipped, if the information is not  such  that  the
future occupant of the building should know it. If the occupant will  need
to know the information, it shall be contained in a manual which shall  be
presented to the occupant upon transfer of possession. If life  safety  is
involved, the item in question shall be plainly labeled.

  History:  1979 AC; 1984 AACS.


R  408.31137   Labels.
  Rule 1137. (1) Each premanufactured unit or building component or  group
of components, which is certified pursuant to the  act  and  these  rules,
shall have permanently attached thereto an approved label which cannot  be
removed therefrom without destroying the  label.  The  approved  label  or
labels shall be placed in the following areas:
  (a) Models, residential modular units - 2 or more labels - 1  placed  in
cabinet under kitchen sink, 1 placed in  front  closet,  additional  units
placed - 1 in each section, readily accessible by the building  officials,
and so shown on the approved building system.
  (b) Residential structural building  components,  panelized  units  -  1
label placed on electrical panel or in cabinet under kitchen sink or in  a
place readily accessible by the building official  and  so  shown  on  the
approved building system.
  (c) All other - 1 or  more  labels  placed  readily  accessible  by  the
building official and so shown on the approved building system.
  (2) An approved label shall bear the following information:
  (a) "This label certifies that this unit  (or  building  component)  has
been manufactured in accordance with  a  building  system  and  compliance
assurance  program  approved  by  the  construction  code  commission  and
inspected by (name of inspection agency) under the auspices  and  approval
of the state of Michigan."
  (b) Label serial number.
  (c) Building system approval number.
  (d) Manufacturer's serial number.
  (e) The words "See data plate located on _____."
  (f) The name of the agency issuing the label.
  (3) At the discretion of the bureau,  labels  and  data  plates  may  be
limited in size and content for components whose shape or  size  does  not
permit the full information to be placed thereon.
  (4) The approved label shall be issued by the commission or  its  agents
in accordance with the following:
  (a) The commission and the bureau shall specify the manner in which  the
labels are handled.
  (b) Labels shall be numbered serially.
  (c)  A  manufacturer's  compliance  assurance  program,   submitted   in
accordance with R 408.31161,  shall  include  requirements  for  issuance,
possession, attachment and accounting of all labels to assure that  labels
are attached only to units or building components manufactured pursuant to
an  approved  building  system  and  inspected  pursuant  to  an  approved
compliance assurance program.
  (5) Permanent records shall be kept  of  the  handling  of  all  labels,
indicating at least how many labels have been applied to  units,  building
components, or groups of components, which labels  have  been  applied  to
which units or building components, and the disposition of any damaged  or
rejected labels, and the location and custody of all  unused  labels.  All
inspection agencies shall be required  to  submit  twice  a  week  to  the
bureau, on forms furnished  by  the  bureau,  reports  showing  the  above
required information. Each manufacturer shall be required to submit to the
bureau, a monthly report showing the number of units, building  components
or groups of components shipped, the label numbers  applied  thereto,  the
manufacturer's serial number, the date of manufacture, and the location to
which the unit, building component, or group of components was shipped.
  (6) The commission or an inspection agency shall attach labels to  units
or  building  components  manufactured  in  accordance  with  an  approved
compliance assurance program.

  History:  1979 AC; 1984 AACS.


R  408.31138   Suspension and revocation.
  Rule 1138. (1) The bureau may suspend or revoke the certification  of  a
premanufactured unit or building component which the bureau finds  not  to
comply with the act  or  these  rules,  or  which  has  been  manufactured
pursuant to a building system or a  compliance  assurance  program  as  to
which approval has been suspended  or  revoked,  or  which  has  not  been
manufactured in accordance with the approved compliance assurance program.
The  bureau  shall  remove  or  cause  to  be  removed,  labels   from   a
premanufactured unit or  building  component  until  it  is  brought  into
compliance  with  the  act  and  these  rules.  Notice  of  suspension  or
revocation of certification shall be  in  writing  with  the  reasons  for
suspension  or  revocation  clearly  set  forth  therein.   Appeals   from
suspensions or revocations shall receive timely review.
  (2) Upon suspension or revocation by the bureau or the commission of the
approval of a building system or  compliance  assurance  program,  further
labels shall not  be  attached  to  a  premanufactured  unit  or  building
component manufactured pursuant  to  the  building  system  or  compliance
assurance program with respect to which  the  approval  was  suspended  or
revoked. Upon termination of the  suspension  or  revocation,  labels  may
again be attached to  the  premanufactured  unit  or  building  component,
manufactured after the  date  approval  is  reinstated.  If  any  unit  or
building component has been manufactured during the period  of  suspension
or revocation, it shall not  be  labeled  unless  the  bureau,  evaluation
agency, or inspection agency has inspected the unit or building  component
and the bureau or an authorized inspection agency is  satisfied  that  all
requirements for certification have been met.
  (3)  The  manufacturer  shall  return  all  labels   allocated   for   a
premanufactured unit or building component to the bureau no later than  10
days  from  the  effective  date  of  the  bureau's  or  the  commission's
suspension or revocation  of  the  approval  of  the  building  system  or
compliance assurance program pursuant to which the premanufactured unit or
building component is being  manufactured.  The  manufacturer  shall  also
return to the bureau all labels which it determines for any reason are  no
longer needed.

  History:  1979 AC; 1984 AACS.


R  408.31139   Variations of certified units.
  Rule 1139. Premanufactured units or building  components  certified  and
labeled pursuant to the act and these rules shall not  be  altered  before
the issuance of a certificate of occupancy  without  resubmission  to  the
bureau for approval of the variation and of the unit  which  includes  the
variation. The bureau or an authorized inspection agency shall inspect the
unit or building component wherever it is located,  which  inspection  may
include such tests or destructive or  nondestructive  disassembly  as  the
bureau or an  authorized  inspection  agency  deems  necessary  to  assure
compliance with the  act  and  these  rules.  Enforcing  agencies  may  be
designated as inspection agencies for these purposes.

  History:  1979 AC; 1984 AACS.


R  408.31141   Inspections by commission or its agents.
  Rule 1141. (1) The commission or the bureau shall make, or cause  to  be
made, such inspections of the entire process of manufacturing, certifying,
handling, storing, and transporting of premanufactured units and  building
components produced pursuant to approved  building  systems  as  it  deems
necessary. Each premanufactured unit or group of building components shall
be inspected by the bureau or an approved inspection agency at least  once
during the manufacturing process. As part of  the  process  of  evaluating
building systems and compliance assurance programs, the commission or  the
bureau  shall  inspect,  or  cause  to  be  inspected,  the  manufacturing
facilities  in  which  the  units  or  building  components  are   to   be
manufactured.
  (2) The bureau or  an  authorized  inspection  agency  shall  make  such
inspections as may be required by an approved compliance assurance program
or as may be deemed necessary by the commission.
  (3) Before issuing a certificate of occupancy, the bureau shall inspect,
or cause to be inspected,  certified  premanufactured  units  or  building
components which it determines to have  been  sufficiently  damaged  after
certification to warrant the inspection  and  to  take  such  action  with
regard to such units or building  components  as  is  authorized  under  R
408.31138, or as is otherwise necessary to eliminate dangerous conditions.
The bureau shall require  premanufactured  units  or  building  components
which are so damaged as no longer to comply with the act and  these  rules
to be  brought  into  compliance  promptly.  If  such  units  or  building
components are not brought into compliance with the act  and  these  rules
within a reasonable time, or if they are so damaged that  they  cannot  be
brought into compliance,  the  bureau  shall  order  that  the  labels  be
removed.  Irreparably  damaged  units  or  building  components  shall  be
disposed of in accordance with applicable laws.
  (4)  The  commission  shall  have  the  bureau  examine  each   approved
inspection agency at any reasonable time and without  prior  announcement,
in order to monitor the reliability of the agency and of its monitoring of
compliance assurance programs.  Each  examination  shall  investigate  the
adequacy of all procedures used by the  agency  in  monitoring  compliance
assurance  programs  including  inspection,  tests,  production   methods,
process controls, operator performance,  materials  receipt,  storage  and
handling, workmanship standards, records, and all other  activities  which
implement the compliance assurance program in the  manufacturing  facility
during transport, on-site, and at critical subcontractors' facilities. The
results of examinations shall be kept  on  file  at  the  offices  of  the
bureau. Copies of the reports shall be  sent  to  the  inspection  agency.
Inspection agencies shall be notified specifically of any deficiencies and
of the manner in and time by which the deficiencies shall  be  eliminated.
If deemed necessary  by  the  commission,  an  agency's  approval  may  be
suspended or revoked as provided in R 408.31173.  The  examinations  shall
also be conducted before approving an inspection agency.
  (5)  The  commission  shall  have  the  bureau  examine  each   approved
evaluation agency, at any reasonable time and without prior  announcement,
in order to monitor the reliability of the agency. Each examination  shall
investigate  the  adequacy  of  all   evaluative   procedures,   including
engineering evaluation of plans, specifications and test results, testing,
and  analysis  of  compliance  assurance  programs.  The  results  of  the
examination shall be kept on file at the offices of the bureau. Copies  of
the reports shall be sent to the  evaluation  agency.  Agencies  shall  be
notified specifically of any deficiencies and of the manner in and time by
which the deficiencies shall be eliminated. If  deemed  necessary  by  the
commission, approval of an evaluation agency may be suspended  or  revoked
as provided in R 408.31173. The examination shall also be conducted before
approving an evaluation agency.
  (6) An inspection entailing disassembly, damage to,  or  destruction  of
certified premanufactured  units  or  building  components  shall  not  be
conducted except to implement subrule (1).

  History:  1979 AC; 1984 AACS.


R  408.31142   Enforcing agency procedures and inspections.
  Rule 1142. (1) An enforcing agency  shall  issue  building  permits  for
certified premanufactured  units  prior  to  installation  and  shall  not
withhold issuance of building permits for buildings  containing  certified
building components which in all other respects comply with all applicable
construction codes. An application to an enforcing agency for  a  building
permit shall,  when  requested  in  addition  to  any  other  regulations,
contain:
  (a) A statement that the work to be performed under  the  permit  is  to
include the installation of a certified premanufactured unit  or  building
component in accordance with the provisions of  the  act  which  statement
shall be signed by  the  applicant  or  his  agent,  with  an  appropriate
address.
  (b) A copy of the approved building system with  respect  to  which  the
premanufactured unit or building component was manufactured or  is  to  be
manufactured, if one has not been  furnished  to  that  local  enforcement
agency previously.
  (c) A copy of the building system approval report, where it has not been
furnished to that local enforcement agency previously.
  (2) A local enforcement agency  shall  inspect  site  preparation  work,
including  foundations,  not  within  the  scope  of  the   approval   and
certification, and the structural, mechanical,  plumbing,  and  electrical
connections among units, for compliance with applicable law.
  (3) An enforcing agency  shall  inspect  all  premanufactured  units  or
building components upon, or promptly after, installation at the  building
site to determine whether all instructions in the building system approval
report or conditions listed on the manufacturer's  data  plate  have  been
followed. This may include tests for tightness of plumbing and  mechanical
systems, for malfunctions in the electrical system and a visual inspection
for obvious nonconformity with the approved building  system.  Destructive
disassembly of certified  units  and  building  components  shall  not  be
performed in order to conduct these tests  or  inspections.  Standards  or
test criteria different from those adopted by the bureau or  specified  in
the building system approval report shall not be  imposed.  Nondestructive
disassembly may be performed only to the extent of opening  access  panels
and cover plates.
  (4) An enforcing agency shall  cause  the  disposition  of  noncomplying
premanufactured units and building components after consultation with  the
bureau  and  reasonable  notice  of  the  proposed  disposition   to   the
manufacturer or owner thereof.
  (5) An enforcing  agency  shall  issue  certificates  of  occupancy  for
certified premanufactured units and  for  buildings  containing  certified
building components which otherwise comply with  all  applicable  building
codes, after they have been installed and inspected pursuant  to  the  act
and these rules. A premanufactured unit or building component found not to
comply with the building system approval  report  shall  be  brought  into
compliance before the certificate of occupancy is issued.
  (6) When an enforcing  agency  is  making  an  inspection  and  finds  a
violation, it shall report the details of the violation in writing to  the
bureau. Where a violation is hazardous  to  occupants,  a  certificate  of
occupancy shall not be issued and  the  building  shall  not  be  occupied
before the hazard is  corrected.  If  a  violation  is  not  hazardous,  a
provisional certificate of occupancy may be issued.

  History:  1979 AC; 1984 AACS.


R  408.31143   Fees.
  Rule 1143. Fees shall be charged in accordance with published  rates  of
the commission.

  History:  1979 AC.


R  408.31144   Notification of changes.
  Rule 1144. (1) Manufacturers shall notify the bureau and the  commission
in writing within 10 days of any of the following occurrences:
  (a) The corporate name is changed.
  (b) The main address of the company is changed.
  (c) There is a change in 25% or more of the ownership  interest  of  the
company within a 12-month period.
  (d) The change in location  of  any  manufacturing  facility  which  may
supply components or units for sale and use in the state of Michigan.
  (e) The establishment of a new manufacturing facility which  may  supply
components or units for sale and use in the state of Michigan.
  (f) There are changes in principal officers of the firm.
  (2) Evaluation agencies and inspection agencies shall notify the  bureau
and the commission in writing within 10  days  of  any  of  the  following
occurrences:
  (a) The company name is changed.
  (b) The main address of the company is changed.
  (c) There is a change in 25%  or  more  of  the  ownership  interest  or
control of the company within a 12-month period.
  (d) The change in location of any  testing  facility  which  may  supply
services to the bureau or commission.
  (e) The establishment  of  a  new  testing  facility  which  may  supply
services to the bureau or commission.
  (f) There are changes in principal  officers  and  key  supervisory  and
responsible personnel of the firm.

  History:  1979 AC; 1984 AACS.


R  408.31145   Proprietary information.
  Rule 1145. All information relating to building systems  and  compliance
assurance  programs  which  the  manufacturer  or  other  party  considers
proprietary shall be so designated by them at the time of the  submission,
and shall be so held by the commission, the bureau, and by the inspection,
evaluation and enforcing agencies, except  as  the  commission  or  bureau
determines in each case, that disclosure is necessary  to  carry  out  the
purposes of the act and Act No.  442  of  the  Public  Acts  of  1976,  as
amended, being S15.231 et seq. of the Michigan Compiled Laws.

  History:  1979 AC; 1984 AACS.


R  408.31151   Requirements for submission of building systems.
  Rule 1151. Building systems shall meet the requirements set forth  in  R
408.31152 and  R  408.31153  to  be  evaluated  for  compliance  with  the
standards, specifications, and requirements adopted by the commission.

  History:  1979 AC.


R  408.31152   General requirements; building systems.
  Rule 1152. (1) Building systems, including  all  plans,  specifications,
and other documentation shall be submitted in 3 copies.
  (2) Building systems shall be submitted in the form  prescribed  by  the
commission and shall be accompanied by all required fees.
  (3) All documents submitted with the application shall be identified  to
indicate the manufacturer's name, office address, and the address  of  the
manufacturing facility.
  (4) Manufacturers shall submit plans showing all  elements  relating  to
specific systems on properly identifiable sheets.
  (5) All work to  be  performed  on-site,  including  connection  of  all
systems, equipment, and appliances, shall be identified and  distinguished
from work to be performed in the manufacturing facility.
  (6) A 1 1/2 inch x 2 1/2 inch blank rectangular space shall be  provided
after possible reduction in print size on all sheets of plans as  near  as
possible to the title box for the commission's stamp of approval.
  (7) Grade,  quality,  and  identification  of  all  materials  shall  be
specified.
  (8) Design  calculations  and  test  reports  shall  be  submitted  when
required.
  (9) Drawings shall be drawn to scale.
  (10) Drawings shall indicate the location of the approved label and data
plate.
  (11) Drawings shall be dated and identified. The  number  of  sheets  in
each set shall be indicated.
  (12) All plans, computations, and specifications, shall be prepared  by,
or under the direct supervision of, a registered architect or engineer and
bear that architect's or engineer's signature and seal as required by, and
in accordance with, Act No. 299 of the Public Acts of  1980,  as  amended,
being S339.101 et seq. of the Michigan Compiled Laws,  and  known  as  the
occupational code, and as administered by the department of licensing  and
regulation.

  History:  1979 AC; 1984 AACS.


R  408.31153   Construction details.
  Rule 1153. (1) Building systems for premanufactured units shall  provide
or show, but not be limited to, the details listed  below,  including  the
method of their testing or evaluation, or both. These  requirements  shall
apply to the building systems for building components only to  the  extent
deemed necessary by the bureau or by an authorized  evaluation  agency  to
permit a proper evaluation of  the  building  component.  Each  submission
shall be identified by a specific model or component number.
  (2) General requirements:
  (a) Details and methods of  installation  of  premanufactured  units  or
building components on foundations or to each other, or both.
  (b) All exterior elevations.
  (c) Cross sections as necessary to identify major  building  components.
  (d) Details of flashing, such as at openings and at penetrations through
roofs and subcomponent connections. Indicate flashing material  and  gauge
to be used.
  (e) Attic access and attic ventilation.
  (f) Exterior wall, roof, and soffit material as well as finish.
  (g) Interior wall and ceiling finish material.
  (h) Fire separation walls.
  (i) Sizes, locations, and types of doors and windows.
  (j) Recommended foundation plans, vents, and underfloor access.
  (k) Energy calculations.
  (l) Details, as necessary, showing barrier free design requirements  are
met.
  (3) Building classification detail requirements:
  (a) Occupancy or use.
  (b) Area, height, and number of stories.
  (c) Type of construction.
  (d) Fire resistance ratings.
  (4) Space and fire safety detail requirements:
  (a)  Detail  of  fire  resistance  rated  assemblies  for  all  stairway
enclosures, doors, walls, floors, ceilings, partitions, columns, roof, and
shaft enclosures.
  (b) Details as to width of all aisles,  exits,  corridors,  passageways,
and stairway enclosures.
  (c) Toxicity and flame spread classification of finished materials.
  (5) Structural detail requirements:
  (a) Engineer's calculations of structural members, where appropriate.
  (b) Design soil bearing value.
  (c) Structural and framing details of all floors, roof, and walls.
  (d) Details and stress diagrams of roof trusses.
  (e) Details of reinforcing steel.
  (f) Complete loading schedule.
  (g) Column loads and column schedule.
  (h) Lintel schedule.
  (i) Size, spacing, and details of all structural elements.
  (j) Grade or quality of all structural elements, such as lumber,  steel,
and so forth.
  (k)  Elevation  of  structural  elements,  walls  or  sections  thereof,
providing resistance to vertical loads or lateral forces.
  (l) Complete details of all structural connections.
  (6) Mechanical detail requirements:
  (a) Location of all equipment and  appliances.  Indicate  equipment  and
appliances listed or labeled by approved agencies.
  (b) Manufacturer's name, make, model, number, BTU, and input  rating  of
all equipment and appliances, as appropriate, or the  equivalent  thereof.
  (c) Duct and register locations, sizes, and materials.
  (d) Clearances from combustible materials or  surfaces  for  all  ducts,
flues, and chimneys.
  (e) Method of providing required combustion air and return air.
  (f) Location of flues, vents, and  chimneys,  and  clearances  from  air
intakes and other vents and flues.
  (g) Details regarding dampers in ducts penetrating fire separations.
  (h) Complete drawings of fire sprinkler systems,  standpipe  system,  or
fire alarm system.
  (i)  Detail  of  elevator  or  escalator  system,  including  method  of
emergency operation.
  (7) Plumbing detail requirements:
  (a) Plan or schematic drawing of the plumbing layout, including, but not
limited to, size of  piping,  fitting,  traps  and  vents,  cleanouts  and
valves, gas, water and drainage system.
  (b) Plumbing materials, and location of all equipment and appliances  to
be used. Indicate fixture unit capacity of systems and  the  make,  model,
and rating/capacity of equipment and appliances.  Indicate  equipment  and
appliances listed or labeled by approved agencies.
  (c) Make and model of safety controls, such as for water heaters,  their
location, and whether listed or labeled by approved agencies.
  (d) How piping is to be supported and intervals of support.
  (e) Location of vents above roofs and  required  clearances,  including,
but not limited to, clearances from air intakes, other vents,  and  flues.
  (f) Methods of testing.
  (8) Electrical detail requirements:
  (a) Plan of service equipment, including service  entrance,  conductors,
service raceway, and clearances above ground and above structures.
  (b) Method and detail for grounding service equipment.
  (c) Single line diagram of the entire electrical installation.
  (d) Load calculations for service and feeders.
  (e) Sizes of all feeders and branch circuits.
  (f) Size, rating, and location of main disconnect/overcurrent protective
devices.
  (g) Method of interconnection between  manufactured  units  or  building
components and location of connections.
  (h) Location of all outlets and junction boxes.
  (i) Method of mounting fixtures and wiring installations.

  History:  1979 AC; 1984 AACS.


R  408.31161   Requirements  for  submission   of   compliance   assurance
  programs.
  Rule 1161. Compliance assurance programs shall be approved if they  meet
the requirements set forth  in  R 408.31162  to  R 408.31168.  It  is  the
manufacturer's responsibility to execute every aspect of this program. The
manufacturer shall continue to be responsible for all  corrective  actions
required, and if the commission authorizes an inspection agency to perform
its  inspection  duties,  the   contractual   relationship   between   the
manufacturer  and  the  inspection  agency   shall   not   diminish   this
responsibility. The  manufacturer  shall  cooperate  with  the  inspection
agency by providing the inspection  agency  with  all  necessary  reports,
information, documents, records, facilities, equipment, samples, and other
assistance  for  assuring  compliance.   The   manufacturer's   compliance
assurance program shall be submitted in the form of a compliance assurance
manual which shall contain complete documentation of  all  the  compliance
assurance activities of both the manufacturer and the  inspection  agency.
The manual shall be comprehensively indexed, and shall treat the  material
listed in R 408.31162 to R 408.31168 in detail.

  History:  1979 AC.


R  408.31162   Organization requirements.
  Rule 1162. (1) A procedure for periodic revision of the manual.
  (2) An organizational structure for  implementing  and  maintaining  the
compliance assurance program and  its  functional  relationship  to  other
elements  of  the  organization  structure  of  the  manufacturer,   which
structure shall provide for independence from the  production  department.
Company officers and employees  in  charge  of  the  compliance  assurance
program  shall  be  identified  and  their  training  and   qualifications
specified.
  (3) A uniform system of in-depth analysis of program  effectiveness  and
means to identify deficiencies, referred to as audit, to  monitor  program
performance periodically.
  (4) Complete and reliable records of manufacturing, site operations, and
suitable means of storage, preservation, and accessibility  of  copies  of
forms to be utilized shall be included.
  (5) A system to control changes in production or inspection  procedures.
  (6) A system to assure that working drawings and specifications, working
instructions and standards, procurement documents, and so  forth,  conform
to the approved building system.
  (7) A serial numbering system for buildings and building components.

  History:  1979 AC; 1984 AACS.


R  408.31163   Materials control.
  Rule 1163. (1) Procedures to assure effective control  over  procurement
sources to ensure  that  materials,  supplies  and  other  items  used  in
production and site operations, if any, conform  to  the  approved  plans,
specifications and quality requirements.
  (2) Procedures for inspection of materials, supplies, and other items at
the point of receipt.
  (3) Method of protection of materials, supplies, and other items against
deterioration prior to  their  incorporation  in  the  certified  unit  or
building component.
  (4) Provision for disposal of rejected materials,  supplies,  and  other
items.

  History:  1979 AC.


R  408.31164   Production control.
  Rule 1164. (1) Procedures for timely remedial and preventive measures to
assure product quality.
  (2) Provision, maintenance, and use of testing and inspection  equipment
to assure compliance with the approved building system.
  (3) Provision for frequency of sampling inspections.
  (4) Provision of necessary authority to reject defective work and  carry
out compliance assurance  functions,  notwithstanding  any  conflict  with
production department goals and needs.
  (5) A schematic of the manufacturing operation showing the  location  of
inspection  stations,   and   hold   points   for   mandatory   inspection
characteristics.
  (6) Inspection and test procedures, including accept/reject criteria and
mandatory inspection characteristics.
  (7) Standards of workmanship.
  (8) Provision for disposal of rejects.

  History:  1979 AC.


R  408.31165   Finished product control.
  Rule 1165. (1) Procedure for final  inspection  of  all  premanufactured
units or building components before shipment to the site or storage point,
including identification and labeling.
  (2) Procedures for handling and  storing  all  finished  premanufactured
units or building components, both at the  manufacturing  plant  or  other
storage point and after delivery to the building site.
  (3) Procedures for  packing,  packaging,  and  shipping  operations  and
related inspections.
  (4) Procedures for transportation, including  all  measures  to  protect
against  damage  while  in  transit,  and  setting  forth  the  modes   of
transportation to be utilized and the carrying equipment  and  procedures.

  History:  1979 AC.


R  408.31166   Installation control.
  Rule 1166. (1) Installation procedures  including  component  placement,
equipment and procedures,  field  erection  and  finishing  work,  utility
connection instructions and all appropriate  on-site  inspection  criteria
and test descriptions.
  (2) Organizational provisions for field repair and disposal of  rejects.

  History:  1979 AC.


R  408.31167   Permission for inspection.
  Rule 1167. A manufacturer shall  provide  the  commission  with  written
permission, signed  and  notarized,  for  the  bureau  or  its  authorized
evaluation or inspection agencies to inspect its manufacturing facilities,
its products, and building sites under its  control  any  reasonable  time
without prior announcement.

  History:  1979 AC; 1984 AACS.


R  408.31168   Inspections by the bureau.
  Rule 1168. The compliance assurance manual shall contain detailed  plans
for inspections by the bureau or inspection agency.

  History:  1979 AC; 1984 AACS.


R 408.31169  Relocation and reuse of used modular classrooms;  standards  and 
requirements.
  Rule 1169.  (1) The Michigan  Department  of  Labor  and  Economic  Growth, 
Bureau of Construction Codes and Fire Safety shall  inspect  a  used  modular 
classroom relocated within the state to determine compliance with  applicable 
state codes.  A local enforcing agency may perform the necessary  inspections 
of a used modular classroom provided the enforcing agency has been  delegated 
authority by the bureau under 1937 PA 306.
  (2)  A relocated used modular classroom shall meet either the  requirements 
of the Michigan rehabilitation code for existing buildings, R 408.30551 to  R 
408.30577 or the Michigan building code, R 408.30401 to R 408.30547  and  the 
requirements of the Michigan electrical code, R  408.30801  to  R  408.30880, 
Michigan mechanical code, R 408.30901 to R 408.30998, Michigan plumbing code, 
R 408.30701 to R 408.30796 and the new  and  existing  school,  college,  and 
university fire safety rules, R 29.1901 to R 29.1934.
  (3)  Before site construction,  an  applicant  shall  secure  a  permit  in 
accordance with the rules and section 10 of 1972 PA 230, MCL  125.1510.   The 
application shall be on a form prescribed by the commission and shall include 
all of the following:
  (a)  Applicant name.
  (b)  Applicant mailing address.
  (c)  Owner.
  (d)  Current location of the used modular classroom.
  (e)  Proposed location for the used classroom.
  (f)  Applicant or agent telephone number.
  (g)  Confirmation of the installation of  mechanical,  plumbing,  and  fire 
alarm systems in the used modular classroom.
  (h)  Copy of the building system approval report when attainable.
  (i)  Roof/ground snow load data when attainable.
  (j)  Construction documents for the used modular classroom when attainable.
  (k)  Manufacturing date of the used modular classroom when attainable.
  (4)  A used modular classroom without  structural  damage  constructed  and 
approved on or after November 30, 1998 may be inspected after relocation.
  (5)  A used modular classroom shall be inspected before  relocation  unless 
approval is granted by the enforcing agency  to  perform  the  inspection  at 
another location.
  (6)  The enforcing agency shall provide  the  permit  applicant  a  written 
notice of violations within 15 business days of the inspection.
  (7)  A used modular classroom shall not be occupied before the issuance  of 
a certificate of occupancy which shall be issued in accordance  with  section 
13 of  1972  PA  230,  MCL  125.1513,  when  a  final  inspection  determines 
compliance with the act and rules.
  (8)   A  used  modular  classroom  shall  remain   weather   tight   during 
transportation and storage.  The structural components in the roof and  walls 
shall be braced to resist highway shock and vibration forces.

  History: 2006 AACS.


R 408.31170   Requirements  for  approval  of  third  party    plan    review 
agencies; suspension or revocation; hearing; appeal.
  Rule  1170.   (1)   A  review  agency  seeking  approval  shall  submit  an 
application  to  the  commission  on  a  form  provided  by  the  bureau   of 
construction codes and fire safety.
  (2)  The application shall include all of the following information:
  (a)  Name of applicant.
  (b)  Address of applicant.
  (c)  Qualifications of applicant.
  (d)  Name of each individual performing plan reviews.
  (e)  Number of years of experience and qualifications  of  each  individual 
performing plan reviews.
  (f)  The registration number of each individual performing plan reviews.
  (g)  Professional registrations held by  the  individuals  performing  plan 
reviews.
  (h)  The name and location of the manufacturer for which plan reviews  will 
be conducted.
  (i)  A statement of how compliance with the requirements of  section  19(6) 
of 1972 PA 230, MCL 125.1501 et seq. is achieved.
  (3)  The application shall include all of the following items:
  (a)  Original articles of incorporation of the agency  and  any  subsequent 
amendments thereto, as filed in the state of the incorporation.
  (b)  The bylaws of the organization.
  (c)  The names, addresses, and business affiliations of all members of  the 
board of directors and top management personnel.
  (d)  A listing of stockholders or other parties of interest  having  shares 
or other holdings in excess of $5,000.00.
  (e)  A certification by the agency of both of the following:
  (i)  Its board of directors, as a body, and its  technical  personnel,  may 
exercise independence in judgment.
  (ii)  The activities pursued by the agency will  not  result  in  financial 
gain or benefit to  the  agency  via  stock  ownership,  or  other  financial 
interest from the manufacturer, any producer, supplier, or vendor of products 
involved, other than through standard published fees for services rendered.
  (f)  An organizational chart showing  the  reporting  relationship  of  all 
personnel associated with the conduct of plan reviews and supervision of  the 
plan review process.
  (g)   A  listing  of  persons  responsible  for  evaluation  of   personnel 
performing plan reviews.
  (h)  An outline of the process to  determine  actions  to  be  taken  if  a 
violation of the codes is identified within the plan review process  and  how 
corrections will be achieved.
  (i)  A description of the record keeping system used to document receipt of 
plans, plan reviews conducted, and plan reviews completed and filed with  the 
commission.
  (j)  Description of the frequency of which plan reviews may be conducted.
  (k)  A list of other states in which the agency is  currently  approved  to 
conduct plan reviews.
  (l)  A statement outlining the familiarity of the agency with the  Michigan 
construction codes and the premanufactured unit rules.
  (m)   A  certification  that  the  agency  may  perform  plan  reviews  for 
compliance with codes, standards, specifications, and requirements adopted in 
this state for premanufactured units or building components.
  (4)  The commission may suspend or revoke its approval of any  third  party 
plan review agency for any of the following reasons:
  (a)  The approval was issued in error.
  (b)  Was issued based on incorrect information.
  (c)  Was issued in violation of the act or the rules.
  (d)  The agency violates the act or the rules.
  (e)  Examination or the action  of  the  third  party  plan  review  agency 
disclosed the agency failed to perform its  duties  in  accordance  with  the 
rules, or other such regulation  that  causes  premanufactured  units  to  be 
produced in violation of the rules.
  (f)  Other causes as may be deemed sufficient by the commission to  warrant 
the suspension or revocation.
  (5)  A third party plan review agency subject to suspension  or  revocation 
of an approval  issued  by  the  commission  may  appeal  the  suspension  or 
revocation in the following manner:
  (a)  An application for appeal shall be filed in  writing  within  90  days 
after the date of the decision or action from which the appeal is being taken.
  (b)  An application may be filed  either  in  person  or  by  mail  to  the 
department.
  (c)  The application shall be  in  writing  and  shall  contain  sufficient 
information to apprise the commission of the rule being appealed,  the  facts 
and circumstances surrounding the decision or action being appealed, and  the 
grounds upon which the appeal is based.
  (6)  The application shall include, where applicable, all of the  following 
documentation:
  (a)  A statement of the rule, determination, decision,  directive,  ruling, 
or order that is the subject of the appeal.
  (b)  A copy of  the  building  system  approval  report,  plan,  compliance 
assurance manual, or other documentation involved in the appeal.
  (c)  A description  of  the  premanufactured  unit  or  units  or  building 
components involved in the appeal.
  (d)  A statement of the relief being sought by the appellant.
  (7)  The commission shall hear an appeal  from   a   third    party    plan 
review agency without undue delay after the receipt of the objections.    The 
appeal may be heard by the commission  or  a  panel  of  3  or  more  members 
designated for that purpose.

  History: 2004 AACS.
 

R  408.31171   Requirements of submission for approval of  inspection  and
  evaluation agencies.
  Rule 1171. (1) An inspection or evaluation agency seeking approval shall
submit an application to the commission which includes the items listed in
this rule.
  (2) The original  articles  of  incorporation  of  the  agency  and  all
subsequent amendments thereto, as filed in the state of incorporation.
  (3) The bylaws of the organization.
  (4) The names, addresses, and business affiliations of  all  members  of
the board of directors and of top management personnel.
  (5) Stock owned in  amounts  over  $5,000.00  reflecting  the  financial
interests of the agency's board of directors and top management  personnel
if requested by the commission.
  (6) Certification by the agency that:
  (a) Its board of directors, as a body, and its technical  personnel,  as
individuals, can exercise independence of judgment.
  (b) Its activities pursuant hereto will result in no  financial  benefit
to the agency via stock ownership, or other  financial  interests  in  any
producer, supplier, or vendor of products  involved,  other  than  through
standard published fees for services rendered.
  (7)  Names,  years  of  experience,  state   in   which   professionally
registered, and other qualifications of the  directors  of  inspection  or
evaluation programs.
  (8) Names and  years  of  experience  of  employees  practicing  in  the
following disciplines: architecture,  structural  engineering,  mechanical
engineering, electrical engineering, fire protection and other branches of
engineering; the states in which each is registered and the services  each
performs.
  (9) An organization chart showing management  and  supervisory  persons,
including the number of graduate engineers and architects, and  the  names
of all consulting engineers or architects, designating which are full time
and which are part time engineers.
  (10) Number and location of factory inspectors,  supervisors  and  other
technicians,  including  evaluators  of   factory   inspectors   and   the
qualifications of  each  specialized  group,  including  records  of  work
experience, licenses held and other pertinent qualifications; descriptions
of the type of work each group and each technician is expected to perform,
and the qualifications of each group and each technician  to  perform  the
work assigned.
  (11) An outline of the training program, if any, of the agency to assure
that all inspectors, evaluators and other technicians are properly trained
to do each job assigned to them.
  (12) An outline of the general procedures for supervision of  inspectors
and evaluators, including checking and evaluation of their work.
  (13) All engineers, technicians, and other personnel  who  will  perform
services  for  the  organization  but  who  are  not  employees   of   the
organization, and the supervisory and other relationships which each  will
have to the agency.
  (14) Type of products,  components,  equipment,  structures,  and  other
items which the organization has evaluated, tested or inspected,  and  the
number of years of experience the organization has had with each, and  the
type of codes, standards, specifications and requirements with respect  to
which  the  organization  has  had  experience  in  providing  evaluation,
inspection or testing services, and the number of years of experience with
each.
  (15) Description of the record keeping system the agency proposes to use
with particular regard to availability of records to  the  commission  and
the capacity to render reports to the commission.
  (16) Description of the frequency with which the agency  is  capable  of
performing inspections or evaluations.
  (17) List of the states in which the agency is now approved  to  inspect
or evaluate premanufactured units or building components,  and  a  further
listing of those states in which the agency intends to seek such  approval
within the next 2 years.
  (18) Certification that the agency is able to evaluate building  systems
for compliance with the codes, standards, specifications, and requirements
adopted in this state, or premanufactured units or building components for
compliance with approved building systems.

  History:  1979 AC.


R  408.31172   Procedures  for   approving   inspection   and   evaluation
  agencies.
  Rule 1172. (1) The  commission  may  approve  inspection  or  evaluation
agencies which  meet  the  requirements  of  R  408.31171  and  which  the
commission finds otherwise qualified to perform the functions proposed  to
be assigned to them.
  (2) Before a  full  evaluation  of  an  application  for  approval,  the
commission shall have the bureau  determine  whether  the  application  is
suitable for processing. If the application is found to be unsuitable  for
processing,  the  applicant  shall  be  notified   in   writing   of   the
unsuitability and the basis  thereof  within  30  days  of  the  date  the
application is received by the commission and a portion of the fee may  be
returned. The findings of unsuitability  shall  be  without  prejudice.  A
subsequent submission shall be treated as a new application.
  (3)  If  an  inspection  or  evaluation  agency  is  not  approved,  the
commission shall return 1 complete application to  the  applicant  with  a
written explanation of the reasons for disapproval attached thereto.
  (4) Approval of inspection or evaluation agencies shall be evidenced  by
a letter to the applicant indicating the approval and stating specifically
the functions which the applicant has been approved to  perform.  Approval
does not constitute the actual assignment of the functions.
  (5) Approval of inspection or evaluation agencies shall be  for  1  year
only. The  inspection  or  evaluation  agency  shall  renew  its  approval
annually by  submitting  the  proper  application  as  prescribed  by  the
commission or bureau.

  History:  1979 AC; 1984 AACS.


R  408.31173   Suspension and revocation of authority  of  inspection  and
  evaluation agencies.
  Rule 1173. The commission may suspend or  revoke  its  approval  of  any
evaluation agency or inspection agency  if  the  approval  was  issued  in
error, or was issued on the basis of incorrect information, or was  issued
in violation of the act or these rules, or if the agency violates the  act
or these rules, or if  examination  pursuant  to  R 408.31141(4)  and  (5)
discloses that the agency has failed to  perform  properly,  or  for  such
other cause as may be deemed sufficient by the commission to  warrant  the
action.

  History:  1979 AC; 1984 AACS.


R  408.31174   Suspension or revocation; procedure.
  Rule 1174. (1) If the commission suspends or revokes the approval of  an
evaluation or inspection agency, the evaluation or inspection agency shall
be given notice in writing  of  the  suspension  or  revocation  with  the
reasons therefore set forth. Manufacturers being evaluated or inspected by
the agency and all enforcing agencies within  this  state  shall  also  be
notified in writing of the suspension  or  revocation.  The  notice  shall
contain instructions to the manufacturer and to the enforcing agency as to
premanufactured units or building components previously  certified  by  an
agency whose approval has been suspended or revoked.
  (2) An evaluation or inspection agency whose approval has been suspended
or revoked, within 90 days of the suspension or revocation, shall  deliver
to the custody of the commission the originals of all records required  by
the act and these rules to be made of or in the  course  of  the  agency's
operations pursuant to the act and these rules.

  History:  1979 AC; 1984 AACS.


R  408.31191   Applications for appeal.
  Rule 1191. (1) Any person or party  in  an  individual  capacity  or  on
behalf of a class of persons or parties affected by these rules or by  any
decision of or action by any evaluation agency, inspection  agency  or  of
the commission under these rules may file an application for appeal.
  (2) An application for appeal shall be filed within 90  days  after  the
date of the decision or action from which the appeal is being taken.
  (3) An application may be filed either personally  or  by  mail  at  the
principal office of the commission.
  (4) The application need not follow any prescribed form, but shall be in
writing and shall contain sufficient information, as set forth in  subrule
(5), to apprise the commission of the rule appealed from, or of the  facts
and circumstances surrounding the decision or  action  appealed  from  and
giving the grounds upon which the appeal is based.
  (5) The application  shall  include,  where  applicable,  the  following
documentation:
  (a) A copy of the  rule,  initial  determination,  decision,  direction,
ruling, or order which is the subject of the appeal.
  (b) A copy of the building  system,  compliance  assurance  program,  or
other document involved.
  (c) A description of the  premanufactured  unit  or  building  component
affected.
  (d) A statement of the relief sought by the appellant.
  (6) If the appeal is from an action or  decision  of  an  inspection  or
evaluation agency, the application shall contain a statement of the  prior
decision or other action of the commission on such appeal.

  History:  1979 AC.


R  408.31192   Hearings and hearing notices for appeals.
  Rule 1192. The commission shall hear all  appeals  without  undue  delay
after  receipt  of  the  objections.  The  appeal  may  be  heard  by  the
commission, or a panel of 3 or more members designated for that purpose by
its chairman.

  History:  1979 AC.


R  408.31193   Conduct of hearings for appeals.
  Rule 1193. (1) Any interested person may appear and be heard.
  (2) The commission, on its own motion or on the motion  of  any  person,
may adjourn a hearing to  such  time  and  place  as  the  commission  may
determine.
  (3) At least 3 members of the commission shall be present at  all  times
during a hearing.
  (4) A person may produce such witnesses as he deems appropriate.
  (5) The commission shall not be bound by common law or  statutory  rules
of evidence in the conduct of the hearing. The commission  shall  consider
in evidence any testimony, documents, or other materials submitted by  the
appellant or the appellee including the  results  of  formal  or  informal
appeals before national codes  and  standards  organizations  or  national
codes and standards appeals organizations.
  (6) All  parties  shall  be  afforded  an  opportunity  to  state  their
positions, either by the testimony of witnesses or by a formal or informal
statement by themselves, their attorneys or  any  other  persons.  At  the
conclusion of the parties' statements, the  commission  may  question  the
appellant or appellee or any witness and any other party  who  so  desires
shall be heard.
  (7) All hearings shall be reported by an official reporter. The official
transcript shall be open for inspection at the offices of the  commission.
Copies of the transcripts shall be available from the official reporter on
payment of the charges therefor.

  History:  1979 AC.


R  408.31194   Decisions.
  Rule 1194. All final decisions of the commission shall  be  in  writing,
shall be rendered without undue delay after the close of the hearings  and
shall state the reasons therefor. One copy of the final decision shall  be
transmitted by mail to  the  appellant  immediately  and  1  copy  to  the
appellee. Final decisions shall be filed  in  the  office  of  the  bureau
permanently.

  History:  1979 AC; 1984 AACS.