A Request for Rulemaking was approved on November 4, 2019 by the Administrative Rules Division for the Department of Licensing and Regulatory Affairs - Bureau of Construction Codes. The Skilled Trades Regulation Act, 2016 PA 407, repealed the Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The Bureau of Construction Codes (BCC) plans to rescind the licensing rules regulated under the Skilled Trades Regulation Act, including the building officials, plan reviewers, and inspectors’ rules. The BCC will now proceed to "promulgate rules that the department considers necessary and appropriate to implement and administer articles 1-6 and that enable the department to fulfill its responsibilities under the act, that establish fees for licenses, exams, and inspections; and that establish the fee schedule for other items including but not limited to variance requests product approvals or special inspections."
The .pdf document below contains the full text of the Request for Rulemaking (RFR).
The .pdf document below contains the full text of the Request for Rulemaking (RFR).
| rfrform_2019-109_lr.pdf |
Some background:
Michigan Public Act (PA) 407, the Skilled Trades Regulation Act went into effect on April 4, 2017, replacing the Electrical Administration Act, the Mechanical Contractors Act, the State Plumbing Act, the Boiler Act, and the Building Officials and Inspectors Registration Act (Act 54 of 1996).
Article 10 of PA 407 replaces Act 54. See our analysis of the differences between Act 54 and Article 10 of House Bill (HB) 963 below, which is the same as Senate Bill 963 and now PA 407. One difference is that Act 54 waives "any fee" for a military veteran with an honorable discharge. HB 963 Section 417 waives only the initial registration fee for military veterans who were either honorably discharged or separated with a general discharge under honorable conditions. No significant impacts were noted with the changes. Please let us know if you think otherwise. It was not the intent of this exercise to analyze the other articles of the Bill.
See LARA's announcement below, which provides a good summary and outlines the increased penalties for unlicensed activities.
| Act 54 vs HB 963 Art 10 Rev. 1 |
| LARA Announcement |
PA 407 repeals the Electrical Administration Act, the Mechanical Contractors Act, the State Plumbing Act, the Boiler Act, and the Building Officials and Inspectors Registration Act; and would create the "Skilled Trades Regulation Act" to regulate all of the occupations that are regulated currently under those statutes. Specifically, the bill would:
-- Establish separate articles under the proposed Act specific to the occupations regulated under the respective former acts.
-- Reenact many of the provisions of the former acts in the applicable articles of the proposed Act.
-- Provide that a person who held a license, registration, or certification issued under a former act immediately before the proposed Act took effect would be
considered licensed, registered, or certified until the credential expired; and could renew the credential under the proposed Act.
-- Provide that a regulatory board created in a former act would continue as a board under the proposed Act; and the members would serve as the initial
members of the successor board until their successors were appointed or their respective terms expired, whichever occurred first.
-- Provide that rules promulgated by the Department of Licensing and Regulatory Affairs (LARA) or a board under a former act and in effect immediately
before the proposed Act took effect would continue in effect to the extent that they did not conflict with the Act; and provide that LARA or a board would
have to enforce the rules and could amend or rescind them.
-- Establish separate articles under the proposed Act specific to the occupations regulated under the respective former acts.
-- Reenact many of the provisions of the former acts in the applicable articles of the proposed Act.
-- Provide that a person who held a license, registration, or certification issued under a former act immediately before the proposed Act took effect would be
considered licensed, registered, or certified until the credential expired; and could renew the credential under the proposed Act.
-- Provide that a regulatory board created in a former act would continue as a board under the proposed Act; and the members would serve as the initial
members of the successor board until their successors were appointed or their respective terms expired, whichever occurred first.
-- Provide that rules promulgated by the Department of Licensing and Regulatory Affairs (LARA) or a board under a former act and in effect immediately
before the proposed Act took effect would continue in effect to the extent that they did not conflict with the Act; and provide that LARA or a board would
have to enforce the rules and could amend or rescind them.