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Rule Revisions for Energy, Labor & Economic Growth

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2006-021 LG

Part 316 Diisocyanates
(Energy, Labor & Economic Growth, MIOSHA)

These new rules will provide protection for Michigan workers involved in the use of diisocyanates, through the use of training, engineering controls, and respiratory protection, as authorized by the statute.

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2006-025 LG

Insurance Policy Forms - Nonconforming Clauses
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

The rules prohibit an insurer from inserting into any personal lines insurance policy form subject to MCL 500.2236 a nonconforming clause as defined in draft R 500.2232(a).

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2006-033 LG

Part 601. Air Contaminants for Construction
(Energy, Labor & Economic Growth, MIOSHA)

These rules will provide protection for Michigan workers in construction by ensuring that employee exposures, to any of the substances listed in this rule, are limited in accordance with the requirements of this rule.

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2006-034 LG

Part 301. Air Contaminants
(Energy, Labor & Economic Growth, MIOSHA)

These rules will provide protection for Michigan workers in general industry by ensuring that employee exposures, to any of the substances listed in this rule, are limited in accordance with the requirements of this rule.

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2007-047 LG

Deaf Person's Interpreters Act Rules
(Energy, Labor & Economic Growth, )

PA 23 and PA 24 of 2007 amend PA 204 of 1982 and became effective on June 29, 2007. This legislation requires the department to draft rules to accomplish the following:· Establish rules on minimum credential requirements and levels for qualified interpreters.· Establish standards for testing.· Establish minimum standards of practice.· Establish standards of application, testing, revocation, suspension, limitation of certification and grievances.· Establish standards of continuing education requirements.· Establish the mechanism to verify compliance under the act.· Establish standards for credentialing verification.· Coordinate rule promulgation with the Department of Education (DOE) Michigan Administrative Rules of Special Education (MARSE).

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2007-052 LG

Construction Code - Part 10. Michigan Uniform Energy Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The Michigan Uniform Energy Code residential energy code rules will be updated to adopt the 2009 International Residential Code, Chapter 11, Energy Efficiencies with Michigan amendments. The Michigan Uniform Energy Code will be amended to meet or exceed the requirements of the 2009 International Energy Conservation Code, which will allow the State of Michigan to receive federal funding under the U.S. Department of Energy's (DOE) State Energy Program (SEP). The Energy Code rules will be formatted for incorporation into the printed version of the Michigan Residential Code. By including the Michigan Uniform Energy Code rules within the text of the Michigan Residential Code, users can access applicable requirements in a single specific document.

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2007-053 LG

Construction Code - Part 10a. Michigan Uniform Energy Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The Michigan Uniform Energy Code Part 10a, commercial energy efficiency requirements, will be updated to adopt the 2009 International Energy Conservation Code, which is a requirement for the State of Michigan to receive federal funding under the U.S. Department of Energy's (DOE) State Energy Program (SEP). The Energy Code rules will be formatted for incorporation into Chapter 13, Energy Efficiency, in the final printed version of the Michigan Building Code.

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2007-056 LG

Auctioneers
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

Rules are in development. Administrative Rules will be needed to implement the new Article 29 within the Occupational Code pursuant to 2006 PA 489, effective October 1, 2007, which requires the registration of individuals or entities using the title "registered auctioneer."

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2007-057 LG

Beer
(Energy, Labor & Economic Growth, Liquor Control Commission)

The proposed amendments to R 436.1629 would strike the references in both subsection (1) and (2) to barrel sizes (barrel, ˝ barrel and Ľ barrel) and make reference instead to all refillable containers of beer with a capacity of over five gallons. The mandatory $30 deposit on beer containers would be changed to a minimum $30 deposit, thus allowing suppliers of these containers to charge a higher deposit if they so choose.

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2008-005 LG

Michigan Elevator Rules
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

To update the Michigan Elevator Rules to adopt the ASME A17.1-2007, A 10.4-2007 and A18.1-2005. The code covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of elevating devices.

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2008-019 LG

Construction Code, Part 8-Electrical Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The 2008 version of the National Electrical Code (NEC) is available for adoption. The code contains provisions relating to revised standards and new materials.

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2008-032 LG

Unbundled Network Elements and Local Interconnection Services
(Energy, Labor & Economic Growth, Public Service Commission)

These rules will govern the quality standards for provision of unbundled network elements and local interconnection services used by other providers to provide basic local exchange service to their customers.

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2008-033 LG

Basic Local Exchange Service Customer Migration
(Energy, Labor & Economic Growth, Public Service Commission)

These rules will govern the timely and complete transfer of an end user from one basic local exchange provider to another.

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2008-034 LG

Adult Foster Care Facilities
(Energy, Labor & Economic Growth, Bureau of Fire Services)

These rules apply fire safety requirements for all adult foster care facilities licensed for 7 or more adults. The standards will be updated pursuant to the 2006 Life Safety Code, a national fire safety standard.

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2008-042 LG

Clean, Renewable, and Efficient Energy Rules
(Energy, Labor & Economic Growth, Public Service Commission)

Rules necessary to implement the provisions of 2008 PA 295

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2008-049 LG

Michigan Boiler Operators and Stationary Engineers Qualification and Registration Program Rules
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

Act 1965 PA 290 was amended by 2008 PA 159 to provide for the registration of boiler operators and stationary engineers. The proposed rules will designate the course content for qualified technical education programs for the various categories and classes of registration of boiler operators and stationary engineers.

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2009-004 LG

Cemetery Commissioner General Rules
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

These rules will update existing rules; establish rules for compliance with record keeping, auditing, and control of trust funds and annual reports; and update rules for the sale or transfer of a cemetery.

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2009-005 LG

Property and Casualty Reserves - Actuarial Opinion
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

The rule set adopts the NAIC model standards for the annual filing of the Statement of Actuarial Opinion and Actuarial Opinion Summary required of each Property and Casualty insurer domiciled in Michigan and each Property and Casualty insurer doing business in Michigan, unless the insurer is exempted by its domiciliary commissioner.

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2009-007 LG

Construction Code - Part 7. Plumbing Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The proposed rules will adopt the 2009 edition of the International Plumbing Code with amendments, deletions and additions deemed necessary for use in Michigan.

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2009-008 LG

Construction Code - Part 9A. Mechanical Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The proposed rules will adopt the 2009 edition of the International Mechanical Code with amendments, deletions and additions deemed necessary for use in Michigan.

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2009-009 LG

Construction Code - Part 4. Building Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The proposed rules will adopt the 2009 edition of the International Building and Residential Codes with amendments, deletions and additions deemed necessary for use in Michigan.

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2009-010 LG

Rehabilitation Code
(Energy, Labor & Economic Growth, Bureau of Construction Codes)

The proposed rules will adopt the 2009 edition of the International Existing Building Code with amendments, deletions and additions deemed necessary for use in Michigan.

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2009-012 LG

Vendor Representative and Salesperson
(Energy, Labor & Economic Growth, Liquor Control Commission)

The proposed rule amendment would equalize the number of alcoholic drinks that could be purchased by a vendor representative or salesperson for a beer manufacturer, wholesaler, or outstate seller for customers of an on-premises retail licensee, for promotional purposes, with the number of drinks that can be purchased by a vendor representative or salesperson of spirits or wine under the same circumstances. Additional language would also impose a limit of $50 per day on the amount that can be spent on the purchase of beer for customers in an on-premises establishment and would also limit the promotional purchase of beer for customers to two (2) such promotions per month in a single licensed establishment.

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2009-013 LG

Licensing Qualifications
(Energy, Labor & Economic Growth, Liquor Control Commission)

The proposed amendment to the subject rule would confer authority to the Liquor Control Commission to extend the prescribed period that a liquor license may be held in escrow (inactive status) beyond the five (5) year period currently allowed. This escrow extension would have to be requested by the licensee who must demonstrate good cause for the extension.

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2009-014 LG

Off-Premises Licenses
(Energy, Labor & Economic Growth, Liquor Control Commission)

The proposed rule would establish criteria for approval by the Liquor Control Commission of alcohol server training programs administered by private companies and trade associations which are designed to instruct employees of establishments licensed for the sale of alcoholic liquor for consumption off the licensed premises.

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2009-017 LG

Residential Builders and Maintenance and Alteration Contractors
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

The proposed rules establish criteria for administering the new requirements for prelicensure, continuing competency, and inactive status for licensees and applicants.

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2009-022 LG

Professional Investigators
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

The proposed rules will establish educational requirements for the acceptance of the computer forensic industry certificated study program to qualify for licensure as a professional investigator pursuant to MCL 338.826(1)(f)(iv). Further, the proposed rules will clarify how the department will verify the background check of all licensees at the time of renewal to meet the qualifications of MCL 338.826(1)(d).

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2009-025 LG

Rescinding - Uniform System of Accounts for Major and Nonmajor Electric Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

Rescind the rules for Uniform System of Accounts for Major and Nonmajor Electric Utilities that were modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting.

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2009-026 LG

Uniform system of accounts for major and nonmajor electric utilities
(Energy, Labor & Economic Growth, Public Service Commission)

This new rule adopts by reference the 2009 version of the Federal Energy Regulatory Commission's (FERC) rules of accounting for major and nonmajor electric utilities. This rule replaces state accounting rules adopted in R 460.9001, which were modeled after the 1986 edition of the FERC accounting rules. The 1986 state accounting rules will be rescinded at the same time in a separate request for rulemaking.

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2009-027 LG

Part 2. Masonry Wall Bracing
(Energy, Labor & Economic Growth, MIOSHA)

These rules will ensure a safe work environment for personnel on construction sites through the use of training, "restricted zone" requirements, wind speed monitoring, and proper bracing of masonry walls exposed to wind during construction.

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2009-029 LG

Board of Real Estate Appraisers - General Rules
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

These rules will update existing rules, establish rules for compliance with the Appraisal Qualifications Board's (AQB) requirements, update instructor requirements for Uniform Standards of Professional Practice (USPAP) education, and update rules regarding course credit for instructors earning continuing education. R 339.23305, Rule 305 will be rescinded, as assessor qualifications do not meet AQB requirements. R 339.23327, Rule 327 will also be rescinded, as continuing education is required if a license is issued for 185 days or more in a license renewal cycle.

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2009-031 LG

Independent Medical Examination Standards
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

This rule set requires any clause or provision in an insurance policy form subject to MCL 500.2236 or MCL 500.3151 that authorizes an independent medical examination to include minimum standards for physicians and health professionals conducting such examinations. It also prohibits any clause or provision in an insurance policy to assess examination related costs and expenses to the person to be examined.

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2009-032 LG

Professional Engineers
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

The proposed rules will update an existing rule pertaining to definitions in R 339.16001, to help support the amended language. Further, the rules will establish criteria to implement and administer continuing professional competence for licensees at time of renewal pursuant to MCL 339.2009, 1980 PA 299.

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2009-033 LG

Uniform System of Accounts for Major and Nonmajor Gas Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

Rescind the rule for Uniform System of Accounts for Major and Nonmajor Gas Utilities that was modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting.

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2009-034 LG

Uniform System of Accounts for Major and Nonmajor Gas Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

This rule set adopts by reference the 2009 version of the Federal Energy Regulatory Commission's (FERC) rules of accounting for major and nonmajor gas utilities. This rule replaces the rescinded state accounting rules that were modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting. Compared to the previous state accounting rules, FERC accounting rules are more up-to-date and include numerous improvements.

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2009-036 LG

Board of Magistrates - General Rules
(Energy, Labor & Economic Growth, Workers' Compensation Agency)

This rule sets forth guidelines for the introduction of, and objection to, records at the time of trial in a contested workers' compensation claim. It presently requires, amongst other things, that a party to a contested workers' compensation claim who intends to submit records at the time of hearing provide a Notice of Intent to submit records to all parties with a copy to the Board of Magistrates. We are proposing to eliminate the requirement that the copy of the Notice of Intent and any corresponding objection be provided to the Board of Magistrates. The rule will now require that the Notice of Intent and any objection be transmitted only between the litigants and will require that the parties produce and retain a Proof of Service.

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2009-037 LG

Fire Prevention
(Energy, Labor & Economic Growth, Bureau of Fire Services)

These rules adopt the 2006 Uniform Fire Code with Michigan-specific amendments. These amendments will bring Michigan Fire Safety Inspections into closer conformity with national and other local standards, as these rules have not been amended since 1999.

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2009-038 LG

Professional Surveyors
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

The proposed rules will update existing rules pertaining to degree and professional experience requirements; standards of practice and professional conduct; and clarification to the role of "supervision" in R 339.17404. Further, the rules will establish criteria to implement and administer continuing professional competence for licensees at time of renewal pursuant to MCL 339.2009, 1980 PA 299. Additional terms with definitions will be incorporated in R 339.17101, to help support the amended language to the rules.

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2009-046 LG

Rules of Practice and Procedure
(Energy, Labor & Economic Growth, Public Service Commission)

Section 6a(2) of Act 286, MCL 460.6a(2) requires the Commission to draft rules and to establish procedures for the filing, investigation, and hearing of petitions or applications to increase or decrease electric and gas utility rates and charges so that the Commission may make a final decision regarding the petitions or applications within 12 months of filing the completed petitions or applications.

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2009-047 LG

Fire Safe Cigarettes
(Energy, Labor & Economic Growth, Bureau of Fire Services)

These rules will enable the Bureau of Fire Services to implement amendments to the Fire Safety Standard and Firefighter Protection Act, as amended by 2009 PA 56.

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2009-051 LG

Part 69. Compressed Air and Gases, Equipment and Systems
(Energy, Labor & Economic Growth, MIOSHA)

OSHA is revising its Acetylene Standard for general industry by updating to current industry consensus standards published by standards developing organizations (i.e., ''SDO standards''). Michigan's GI Part 69 needs to be updated to make it as effective as Federal OSHA's standard.

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2009-059 LG

Credit for reinsurance
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

This rule amends the requirements for letters of credit used to reduce liability for reinsurance. The rule requires letters of credit subject to and governed by the UCP (Uniform Customs and Practice for Documentary Credits) to refer to publication 600 instead of the previous UCP 500 publication.

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2009-061 LG

Part 17. Refuse Packer Units
(Energy, Labor & Economic Growth, MIOSHA)

The proposed rules do the following: 1. Instead of always requiring a standard barrier across the face of the hopper opening on a stationary refuse packer unit, the rules will now allow an interlocked gate that disables the unit upon following 11 specific requirements. 2. Update and clarify language.