Michigan HVAC & Mechanical Licensing Law

Michigan Code · 28 sections

The following is the full text of Michigan’s hvac & mechanical licensing law statutes as published in the Michigan Code. For the official version, see the Michigan Legislature.

MCL 338.2243A

STATE LICENSE FEE ACT (EXCERPT)

Act 152 of 1979

338.2243a Operation of refrigeration facility or removal service; application; fees.

Sec. 43a.

(1) Fees for a person licensed or seeking licensure to operate a refrigeration facility under article 18A of the occupational code, MCL 339.1851 to 339.1873, are as follows:

(a) Application processing fee, $225.00.

(b) License fee, every 2 years, $300.00.

(2) Fees for a person registered or seeking registration to operate a removal service under article 18A of the occupational code, MCL 339.1851 to 339.1873, are as follows:

(a) Application processing fee, $225.00.

(b) Registration fee, every 2 years, $300.00.

(d) Additional vehicle inspection fee, $50.00.

History: Add. 2024, Act 108, Eff. Apr. 2, 2025

MCL 339.1809

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1809 Funeral establishment; ownership and management by license holder; requirements; waiver for management of more than 1 funeral establishment; revocation of license; management of branch establishment; inspection of premises; preparation room and equipment; compliance.

Sec. 1809.

(1) All of the following apply to the ownership and management of a funeral establishment:

(a) A funeral establishment shall be managed by an individual who is the holder of a license for the practice of mortuary science. The manager shall ensure that the funeral establishment complies with all applicable laws.

(b) A funeral establishment shall notify the department in writing of the name of the individual appointed as the manager of the funeral establishment and conspicuously display the name of the manager at the entrance of the funeral establishment.

(d) Except as provided in subsection (2), an individual shall not manage more than 1 funeral establishment.

(e) If a new manager is appointed for a funeral establishment, the funeral establishment shall notify the department in writing of the name of the new manager not more than 30 days after the date of his or her appointment.

(2) The director shall receive and approve or deny requests for waivers to allow an individual to act as the manager of 2 funeral establishments under this subsection. All of the following apply to a request for a waiver under this subsection:

(a) The prospective manager shall request the waiver. The request must include the following:

(i) The prospective manager's name and mortuary science license number.

(ii) The name and license number of each funeral establishment affected.

(iii) Documentation supporting the existence of the factors listed in subdivision (b).

(b) The director shall not grant a waiver under this subsection unless all of the following factors are met:

(i) The funeral establishments are located in the same county or contiguous counties.

(ii) The population density of the county in which each of the funeral establishments is located is less than the population density for this state, based on data from the most recent decennial census.

(iii) The funeral establishments are located within 90 miles of each other.

(c) If the waiver is denied, the director shall send a written notice of the denial and the reasons for denial to the individual who requested the waiver. The individual may appeal the denial to the board in the manner provided for in section 515.

(3) An individual whose license is revoked under this article shall not own or manage, either directly or indirectly, or hold an interest in, a funeral establishment. This subsection does not prohibit an individual whose license is revoked from leasing property owned by the individual for use as a funeral establishment if the individual does not participate in the control or profit of the funeral establishment, other than as a lessor of the premises for a fixed rental that is not dependent on earnings.

(4) A branch establishment shall be managed by an individual who is the holder of a license for the practice of mortuary science. The manager shall ensure that the branch establishment complies with all applicable laws.

(5) The department and the board may inspect the premises of any location where funeral directing is conducted, embalming is practiced, or an applicant intends to engage in the practice of mortuary science.

(6) A funeral establishment shall contain a preparation room equipped with tile, cement, or composition floor and necessary drainage and ventilation, and contain each necessary instrument or supply for the preparation and embalming of a dead human body for burial, transportation, or other disposition.

(7) A branch establishment is subject to all of the requirements or rules relating to a funeral establishment.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2020, Act 138, Eff. Oct. 6, 2020 ;-- Am. 2020, Act 265, Eff. Mar. 24, 2021 Popular Name: Act 299

MCL 339.1851

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1851 Definitions.

Sec. 1851.

As used in this article:

(a) "Applicant" means a person that submits an application for license or certificate of registration under this article. Applicant includes each individual identified in the application as an owner, operator, officer, director, partner, member, or manager of the applicant.

(b) "Authorized person" means an entity listed in section 1857.

(c) "Authorized vehicle" means a vehicle, used by a removal service to transport a dead human body, that has passed an inspection by the department under section 1855.

(d) "County medical examiner" means an individual appointed to that position under 1953 PA 181, MCL 52.201 to 52.216.

(e) "Crematory owner" means a person that owns a crematory and holds a valid permit issued under section 14 of the cemetery regulation act, 1968 PA 251, MCL 456.534.

(f) "Funeral establishment" means that term as defined in section 1801.

(g) "Health facility" means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

(h) "Holder of a license for the practice of mortuary science" means that term as defined in section 1801.

(i) "Holding room" means a room equipped with a refrigeration unit within a refrigeration facility wherein a dead human body is stored.

(j) "Institution of higher education" means a college, university, community college, or junior college described in section 4, 5, or 6 of article 8 of the state constitution of 1963 or established under section 7 of article 8 of the state constitution of 1963.

(k) "Licensee" means a person that holds a refrigeration facility license issued under section 1853.

(l) "Medical school" means that term as defined in section 2701 of the public health code, 1978 PA 368, MCL 333.2701.

(m) "Organ procurement organization" means that term as defined in section 10102 of the public health code, 1978 PA 368, MCL 333.10102.

(n) "Practice of mortuary science" means that term as defined in section 1801.

(o) "Refrigeration facility" means a place of business that operates independently of a funeral establishment or crematory owner that maintains a holding room.

(p) "Registrant" means a person that holds a removal service certificate of registration issued under section 1855.

(q) "Removal service" means a person that operates independently of a funeral establishment that handles the initial removal of a dead human body and transports the dead human body in an authorized vehicle to and from an authorized person.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1853

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1853 Operation of refrigeration facility; licensure; application; applicability.

Sec. 1853.

(1) A person shall not operate a refrigeration facility without a refrigeration facility license.

(2) The department shall issue a refrigeration facility license that is valid for 2 years to an applicant that meets all of the following conditions:

(a) Submits an application to the department with all of the following information:

(i) The name of the applicant.

(ii) The name of the individual who will serve as the manager of the refrigeration facility as described in section 1859.

(iii) The address of the refrigeration facility.

(iv) The name that the applicant will use to conduct business.

(v) Any other information required by the department.

(b) The applicant discloses the applicant's criminal history to the department.

(d) The refrigeration facility and location listed on the application pass an inspection conducted by the department.

(3) A license issued under this section is valid for only the location of the refrigeration facility listed in the application.

(4) A licensee shall report a change in the location of the refrigeration facility immediately to the department as prescribed by rule. A licensee shall not operate a refrigeration facility at a new location until the department conducts an inspection of the facility and the facility passes the inspection.

(5) This section does not apply to any of the following entities:

(a) A health facility.

(b) A medical school.

(d) An institution of higher education that accepts whole human body donations for the purpose of research and education.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1859

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1859 Designation of manager of refrigeration facility; duties; prohibited conduct.

Sec. 1859.

(1) A refrigeration facility shall designate a holder of a license for the practice of mortuary science as a manager of the refrigeration facility. The manager shall supervise the handling and sheltering of a dead human body at the refrigeration facility. The manager shall not otherwise engage in the practice of mortuary science while acting as a manager for a refrigeration facility.

(2) A holder of a license for the practice of mortuary science shall not manage more than 1 refrigeration facility. A holder of a license for the practice of mortuary science who manages a funeral establishment under section 1809 shall not manage a refrigeration facility.

(3) A manager of a refrigeration facility shall not reside more than 100 miles from the refrigeration facility.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1861

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1861 Storage of dead human body by refrigeration facility; requirements.

Sec. 1861.

(1) On receipt of a dead human body, a licensee, manager, or other authorized personnel shall ensure that a dead human body stored at a refrigeration facility is handled in the following manner:

(a) Is stored at a temperature between 36 degrees Fahrenheit and 39 degrees Fahrenheit.

(b) Is clothed or covered while being refrigerated.

(d) Is stored as only 1 dead human body per table tray or container, unless otherwise authorized by a person who has authority to make arrangements for a dead human body under section 3206 of the estates and protected individuals code, 1998 PA 386, MCL 700.3206.

(e) Is face up while being stored or transported.

(f) Is not stored over another dead human body, unless the dead human body is stored on a rack that has sufficient strength to support the dead human body.

(2) If a refrigeration facility that is storing a dead human body is not contacted by an entity that the refrigeration facility contracted with under section 1857 regarding the dead human body within 14 days after the refrigeration facility receives the dead human body, the manager of the refrigeration facility shall contact the medical examiner described in section 3206(9)(a) of the estates and protected individuals code, 1998 PA 386, MCL 700.3206, to proceed with the final disposition of the dead human body.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1863

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1863 Holding room requirements.

Sec. 1863.

A refrigeration facility must have a holding room that meets all of the following:

(a) Is not accessible by the general public.

(b) Maintains a temperature between 36 degrees Fahrenheit and 39 degrees Fahrenheit.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1865

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1865 Transportation of dead human body; limitations; equipment requirements and maintenance.

Sec. 1865.

(1) A registrant shall not transport a dead human body unless either of the following applies:

(a) The registrant has received authorization to transport a dead human body from a holder of a license for the practice of mortuary science, a county medical examiner, or an organ procurement agency.

(b) The registrant is transferring a dead human body from a health facility to a licensed refrigeration facility.

(2) A registrant must have equipment that includes, but is not limited to, the following:

(a) 1 lightweight and 1 heavyweight body bag.

(b) A cot that is secured or restrained inside an authorized vehicle to prevent movement during transport.

(d) A first-aid kit.

(e) A fire extinguisher.

(f) Protective clothing that meets the needs of the registrant's employees that accompany the removal of a dead human body, including, but not limited to, disposable gowns, shoe covers, protective eyewear, gloves, masks, or waterproof aprons.

(3) A registrant shall maintain the equipment listed under subsection (2) in a clean and sanitary manner and have it available whenever a dead human body is stored or in transit.

(4) A registrant shall disinfect a container that was used in the removal of a dead human body after the removal and before the container is used again.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.1873

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.1873 Compliance with local, state, and federal laws.

Sec. 1873.

(1) A licensee or registrant must comply with all local, state, and federal laws that apply to the licensee or registrant.

(2) A person may operate a refrigeration facility and a removal service at the same location if all other applicable requirements of this article are met.

History: Add. 2024, Act 107, Eff. Apr. 2, 2025 Popular Name: Act 299

MCL 339.2403

OCCUPATIONAL CODE (EXCERPT)

Act 299 of 1980

339.2403 Engaging in business or acting in capacity of residential builder or residential maintenance and alteration contractor or salesperson without license.

Sec. 2403.

Notwithstanding article 6, a person may engage in the business of or act in the capacity of a residential builder or a residential maintenance and alteration contractor or salesperson in this state without a license under this article, if the person is 1 of the following:

(a) An authorized representative of the United States government, this state, or a county, township, city, village, or other political subdivision of this state.

(b) An owner of property, with reference to a structure on the property for the owner's own use and occupancy.

(d) An officer of a court who is acting within the scope of that office.

(e) A person other than the salesperson that engages solely in the business of performing work and services under contract with a residential builder or a residential maintenance and alteration contractor that is licensed under this article.

(f) A person that is working on 1 undertaking or project by 1 or more contracts, if the aggregate contract price for the labor, material, and any other items for the undertaking or project is less than $600.00. The exemption described in this subdivision does not apply if the work of a construction is only a part of a larger or major operation, whether undertaken by the same or a different residential builder or residential maintenance and alteration contractor, or in which a division of the operation is made in contracts of amounts less than $600.00, to evade this act.

(g) An electrical contractor that is licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. The exemption described in this subdivision applies only to the electrical installation, electrical maintenance, or electrical repair work that is performed by the electrical contractor.

(h) A plumbing contractor that is licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133. The exemption described in this subdivision applies only to plumbing installation, plumbing maintenance, or plumbing repair work that is performed by the plumbing contractor.

(i) A mechanical contractor that is licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819. The exemption described in this subdivision applies only to mechanical installation, mechanical maintenance, or mechanical repair work that is performed by the mechanical contractor.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1982, Act 6, Imd. Eff. Feb. 15, 1982 ;-- Am. 1984, Act 191, Imd. Eff. July 3, 1984 ;-- Am. 2016, Act 412, Eff. Apr. 4, 2017 Popular Name: Act 299

MCL 339.5737

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5737 Electrical contracting; license required; classes of work.

Sec. 737.

(1) Except as otherwise provided in this article or in subsection (3), a person shall not engage in the business of electrical contracting unless the person has received from the board or from the appropriate municipality an electrical contractor's license.

(2) Except as otherwise provided in this article or in subsection (3), an individual, other than an individual who is licensed under this article and employed by and working under the direction of a holder of an electrical contractor's license, shall not in any manner undertake to execute any electrical wiring.

(3) A licensee is not required to perform any of the following classes of work:

(a) Minor repair work.

(b) The installation, alteration, repairing, rebuilding, or remodeling of elevators, dumbwaiters, escalators, or man lifts performed under a permit issued by an elevator inspection agency of this state or a municipality of this state.

(c) The installation, alteration, or repair of electrical equipment and its associated wiring installed on the premises of consumers or subscribers by or for an electrical energy supply or communication agency for use by that agency in the generation, transmission, distribution, or metering of electrical energy or for the operation of signals or transmission of intelligence.

(d) The installation, alteration, or repair of electrical wiring for the generation and primary distribution of electric current, or the secondary distribution system up to and including the meters, if that work is an integral part of the system owned and operated by an electric light and power utility in rendering its duly authorized service.

(e) Any work involved in the manufacture of electric equipment, including the testing and repairing of that manufactured equipment.

(f) The installation, alteration, or repair of equipment and its associated wiring for the generation or distribution of electric energy for the operation of signals or transmission of intelligence if that work is performed in connection with a communication system owned or operated by a telephone or telegraph company in rendering its authorized service as a telephone or telegraph company.

(g) Any installation, alteration, or repair of electrical equipment by a homeowner in a single family home and accompanying outbuildings owned and occupied or to be occupied by the individual who is performing the installation, alteration, or repair of electrical equipment.

(h) Any work involved in the use, maintenance, operation, dismantling, or reassembling of motion picture and theatrical equipment used in any building with approved facilities for entertainment or educational use and that has the necessary permanent wiring and floor and wall receptacle outlets designed for the proper and safe use of that theatrical equipment, but not including any permanent wiring.

(i) Work performed by a person that is licensed as a mechanical contractor in a classification described in section 807(2)(a), (b), (d), (e), and (f), a person that is licensed as a plumbing contractor under article 11, and employees of those persons, while performing maintenance, service, repair, replacement, alteration, modification, reconstruction, or upgrading of control wiring circuits and electrical component parts in existing mechanical systems defined in the Michigan mechanical code and the Michigan plumbing code, including, but not limited to, energy management systems, relays and controls on boilers, water heaters, furnaces, air conditioning compressors and condensers, fan controls, thermostats and sensors, and all interconnecting wiring associated with the mechanical systems in buildings that are on the load side of the unit disconnect, that is located on or immediately adjacent to the equipment, except for life safety systems wiring.

(j) Electrical wiring associated with the installation, removal, alteration, or repair of a water well pump on a single family dwelling to the first point of attachment in the house from the well, by a pump installer registered under part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771.

(k) The installation, maintenance, or servicing of security alarm systems in a building or structure. As used in this subdivision, "security alarm system" means that term as defined in section 733(2)(c).

(l) The installation, maintenance, or servicing of listed residential and commercial lawn irrigation equipment, except any permanent wired connections exceeding 30 volts.

(m) The installation, maintenance, or servicing of listed landscape lighting systems and equipment, except any permanent wired connections exceeding 30 volts.

(n) The installation, alteration, maintenance, or repair of electric signs and related wiring by an unlicensed individual under the direct supervision of a licensed sign specialist except that the ratio of unlicensed individuals engaged in this activity shall not exceed 2 unlicensed individuals to 1 licensed sign specialist. An enforcing agency shall enforce this ratio on a jobsite basis.

(o) The construction, installation, maintenance, repair, and renovation of telecommunications equipment and related systems by a person that is primarily engaged in the telecommunications and related information systems industry. This exemption does not include the construction, installation, maintenance, repair, or renovation of a fire alarm system.

History: 2016, Act 407, Eff. Apr. 4, 2017 Compiler's Notes: In subsection (3), the reference to "A licensee" evidently should read "A license".

MCL 339.5801

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5801 Definitions; A to H.

Sec. 801.

As used in this article:

(a) "Air conditioning" means the process of treating air to meet the requirements of a conditioned space by controlling, either simultaneously or individually, the air's temperature, humidity, cleanness, and distribution.

(b) "Board" means the board of mechanical rules described in section 805.

(d) "Ductwork" means the air distribution arrangement for supply, return, and exhaust in air conditioning systems and in nonair conditioning systems, the materials and methods of which are specified in the Michigan mechanical code, or an equivalent nationally recognized model mechanical code. Ductwork includes flues, vents, and chimneys.

(e) "Fire suppression system" means an integrated combination of a fire alarm system and fire suppression equipment that as a result of predetermined temperature, rate of temperature rise, products of combustion, flame, or human intervention will discharge a fire extinguishing substance over a fire area.

(f) "Heating", used alone, means the use of any fuel or electricity to generate heat in an air conditioning system. When used with a qualifying term such as "hydronic", the term heating assumes the limited meaning expressed by that qualification.

(g) "Heating, ventilating, and air conditioning" or "HVAC" means the application of equipment and systems to provide air conditioning for occupants of buildings and structures. HVAC does not include the installation of portable self-contained refrigeration equipment and window-type air conditioners of not more than 1-1/2 horsepower.

(h) "Hydronic heating and cooling" means the application of equipment and systems which provide air conditioning by the controlled forced circulation of fluids or vapors in pipes.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5803

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5803 Definitions; L to V.

Sec. 803.

As used in this article:

(a) "Limited heating service" means the servicing of gas-designed sectional boilers that have inputs of not more than 1 million British thermal units, utilizing a combustion safeguard designed to shut off the main gas supply 10 or more seconds after pilot flame failure, and all other gas-fired or solid-fuel equipment and systems limited to input ratings of less than 400,000 British thermal units per unit; or oil-fired equipment and systems designed for the use of number 1 or number 2 fuel oil, that has a maximum firing rate of less than 5 gallons per hour per unit; or electrical furnaces and electric boilers that use the same kilowatts that are equivalent to the fossil fuel British thermal units generated.

(b) "Limited refrigeration and air conditioning service" means the servicing of refrigeration equipment and systems and air conditioning equipment and systems employing the refrigeration cycle of unlimited capacity utilizing group 1 refrigerants as listed in the Michigan mechanical code or an equivalent nationally recognized model mechanical code.

(c) "Process piping" means any piping which is not part of a system designed to provide air conditioning or of a refrigeration system. Process piping includes, but is not limited to, pipes that transfer chemicals and other fluids, gases, or vapors for systems other than air conditioning systems as covered by the Michigan mechanical code or an equivalent nationally recognized model mechanical code.

(d) "Refrigeration" means the use of equipment and systems, including, but not limited to, refrigeration piping, employing the refrigeration cycle to generate low temperatures for other than air conditioning equipment and systems. Refrigeration includes, but is not limited to, equipment and systems such as supermarket refrigeration, industrial refrigeration, the preservation of biological materials, and food storage facilities. Refrigeration does not include the installation of portable self-contained units such as refrigerators, dehumidifiers, and other similar equipment of not more than 1.5 horsepower or other equipment exempted from the Michigan mechanical code.

(e) "Servicing" means the maintenance, repair, and servicing of previously installed equipment and systems.

(f) "Specialty license" means a license issued under this article that allows the licensee to perform work within limits established by the board in 1 or more of the work classifications described in section 807(2).

(g) "Unlimited heating service" means the servicing of heating equipment and systems without restrictions concerning thermal capacity or grade of fuel oil or type of fuel.

(h) "Unlimited refrigeration and air conditioning service" means the servicing of refrigeration equipment and systems and air conditioning equipment and systems employing the refrigeration cycle unlimited as to thermal capacity or type of refrigerant.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5807

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5807 Work classification examination; eligibility; classifications and limitations; "experience" defined; affidavit or letter signed by commanding officer, supervisor, or military superior; completion of 2-year program.

Sec. 807.

(1) An applicant is not eligible for a work classification examination under this article unless the applicant meets the requirements provided in article 2, is of good moral character, and meets 1 or more of the following:

(a) Has a minimum of 3 years or 6,000 hours of experience in the work classification for which he or she is seeking a license, or an equivalent of that experience, that is acceptable to the board and shown to the department, in 1 or more of the work classifications described in subsection (2). For purposes of this subdivision, and except in the case of equivalent experience, an applicant must provide to the board and the department a statement signed under penalty of perjury from each contractor of record that is the present or former mechanical contractor employer of the applicant. The statement must indicate that the applicant has a minimum of 3 years or 6,000 hours of performance in each work classification for which the applicant is seeking a license and must include a detailed and specific description of the type of work performed by the applicant and the length of time he or she performed that work.

(b) Currently holds, and has continuously held for at least 3 years immediately preceding his or her application, an active license under this act in a work classification listed in subsection (2)(b), (d), (e), or (f) and is applying for licensure in the following work classifications, as applicable:

(i) If he or she currently holds a license in the work classification listed in subsection (2)(b), a work classification listed in subsection (2)(c), (e), (f), (g), (h), or (j).

(ii) If he or she currently holds a license in the work classification listed in subsection (2)(d), a work classification listed in subsection (2)(f) or (h).

(iii) If he or she currently holds a license in the work classification listed in subsection (2)(e), a work classification listed in subsection (2)(g).

(iv) If he or she currently holds a license in the work classification listed in subsection (2)(f), a work classification listed in subsection (2)(h).

(2) The department shall issue a mechanical contractor's license under this article with 1 or more of the following classifications and limitations:

(a) Hydronic heating and cooling and process piping.

(b) HVAC equipment.

(d) Refrigeration.

(e) Limited heating service.

(f) Limited refrigeration and air conditioning service.

(g) Unlimited heating service.

(h) Unlimited refrigeration and air conditioning service.

(i) Fire suppression.

(j) Specialty.

(3) For purposes of subsection (1), "experience" includes experience acquired while serving in the armed forces by an individual who provides to the department a form DD214, form DD215, or any other form satisfactory to the department that demonstrates that the individual was separated from that service with an honorable discharge or under honorable conditions (general).

(4) An individual described in subsection (3) shall submit with his or her application for licensure an affidavit or letter signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that describes the applicant's experience as a mechanical contractor in 1 or more of the classifications described in subsection (2).

(5) If an applicant provides evidence satisfactory to the department that he or she has successfully completed a 2-year, or equivalent, HVAC program provided by a recognized trade school, community college, or university, or a 2-year HVAC training program approved by the United States Department of Labor, the department shall credit the completion of that program toward the 3 years or 6,000 hours of work experience required under subsection (1)(a). The amount credited, as determined by the department, must not exceed 1 year or 2,000 hours of the 3 years or 6,000 hours required.

History: 2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2021, Act 68, Imd. Eff. July 29, 2021

MCL 339.5809

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5809 Installations, alterations, or servicing of work classifications; designation of contractor of record; performance of work without compensation or on behalf of charitable organization; person registered as system provider or licensed as security alarm system contractor; contractor employing qualified maintenance crew.

Sec. 809.

(1) Except as provided in subsection (3) or (4) and section 819, an individual or other person shall not perform installations, alterations, or servicing of work classifications under section 807(2) that are regulated under the Stille-DeRossett-Hale single state construction code act unless the person, if the person is an individual, or an employee of the person has received a mechanical contractor's license from the department that has not been revoked or suspended, the license is classified and limited under section 807, and the holder of the license has secured the appropriate permit from the enforcing agency charged with the responsibility of issuing permits.

(2) A person that performs installations, alterations, or servicing of work classifications under section 807(2) shall designate the holder of a mechanical contractor's license described in subsection (1) as the contractor of record notify the department in writing of the designation.

(3) If work that is within 1 of the classifications described in section 807(2) is performed without compensation by a person that is licensed under this article for or on behalf of a charitable organization, the owner of the property on which the work is performed may obtain the permit required under subsection (1). However, this subsection applies only to the reconstruction, renovation, or remodeling of 1- to 4-family dwellings.

(4) A person that is registered as a system provider under the security alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187, or licensed as a security alarm system contractor under the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, is not required to obtain a license from the department under this article or obtain a license or permit from a governmental subdivision or enforcing agency to perform work described in subsection (1) in connection with the installation, maintenance, replacement, or servicing of a thermostat for a heating, ventilating, and air conditioning system or a hydronic heating and cooling system.

(5) If a contractor of record regularly employs a qualified maintenance crew to perform mechanical contracting work regulated under this article in a facility, this article does not require that the contractor of record perform work in that facility.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5811

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5811 Local licensing requirements.

Sec. 811.

A municipality shall not establish or maintain local licensing requirements for the work classifications described in section 807(2) or work described in section 809(4). A governmental subdivision shall not prohibit a mechanical contractor that is licensed under this article from engaging in the work classification or classifications for which the mechanical contractor has a license, or a person described in section 809(4) from engaging in work for which that person is licensed or registered, unless the mechanical contractor is in violation of this act.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5813

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5813 Work classification examination fee; initial and per-year fee; expiration of initial or renewal mechanical contractor's license; reinstatement; computation of fee on pro rata basis.

Sec. 813.

(1) Each work classification examination fee for a mechanical contractor's license is $100.00 or less, as determined by the department. Except as otherwise provided in subsection (2), the initial and per-year fee for the issuance of a mechanical contractor's license is $100.00.

(2) An initial or renewal mechanical contractor's license expires on August 31 every third year and is renewable by filing an application and paying the license fee on or before October 31. If an individual is applying for an initial mechanical contractor's license or relicensure at a time other than between August 31 and October 31 of the year in which the department issues renewal licenses, the department shall compute and charge the license fee on a yearly pro rata basis beginning in the year of the application until the last year of the 3-year license cycle. A license that is not renewed is void for the purpose of obtaining a permit, and the contractor is eligible for relicensure only by applying for reinstatement and paying the license fee. The department shall not compute and charge a license fee for a renewal license on a pro rata basis. An individual who renews his or her license within 3 years after the license is voided under this section is not subject to reexamination for the license.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5815

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5815 Designation as contractor of record.

Sec. 815.

(1) If an individual who is an employee of a person, or who is an officer of a person that is not an individual, and who is authorized to perform installations, alterations, or servicing in any of the work classifications described in section 807(2), is designated as the contractor of record for that person under section 809 and ceases to be an employee or officer of that person, the person has 90 days after the date the contractor of record ceases to be an employee or officer in which to designate an employee or officer who is a holder of a mechanical contractor's license as the new contractor of record. The person shall notify the department in writing of the designation.

(2) If an individual is licensed to perform installations, alterations, or servicing in 1 or more of the work classifications described in section 807(2) and is also the contractor of record, and that individual ceases to do business as a mechanical contractor and sells his or her business interest to another person, the buyer has 90 days to designate an employee or officer who is the holder of a mechanical contractor's license as the contractor of record. The buyer shall notify the department in writing of the designation.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5817

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5817 Mechanical contractor performing work in municipality; registration of license with enforcing agency.

Sec. 817.

A mechanical contractor that is licensed under this article and performs work in a municipality shall register his or her license with the enforcing agency that issues permits and provides inspection services of mechanical contractor's work for that municipality. A registration under this section is valid until the expiration date of the mechanical contractor's license. A municipality shall grant registration to a mechanical contractor under this section if the mechanical contractor is licensed under this act and pays a fee established by the municipality in an amount that does not exceed $15.00.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5819

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5819 Installation of heating or refrigerating system by owner of single family dwelling.

Sec. 819.

An individual who is the owner of a single family dwelling that is, or on completion will become, his or her place of residence may personally install a heating or refrigerating system in the dwelling if the individual in his or her application for a permit affirms that he or she is or will become the owner and occupant of the dwelling in which the installation is done is completed and that the applicant will install the equipment in the dwelling for which the permit is requested. The applicant shall apply for and secure the required permits from the enforcing agency of the municipality and shall obtain the required inspection after the installation is completed and the equipment is placed in operation.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5901

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5901 Definitions; "experience" defined.

Sec. 901.

As used in this article:

(a) "Antique steam boiler" means a boiler that is no longer used in production applications and is used to demonstrate the historical significance of steam boilers in American history.

(b) "Approved apprenticeship program" means a training program for boiler operators or stationary engineers that is certified by or meets the standards of the Office of Apprenticeship in the United States Department of Labor and is approved by the board.

(c) "Associated auxiliaries" means equipment that is required in the operation of a boiler that includes, but is not limited to, pumps, regulators, feedwater heaters, superheaters, de-superheaters, economizers, air preheaters, draft fans, combustion and pollution control equipment, and prime movers.

(d) "Board" means the board of boiler rules described in section 905.

(e) "Boiler" means a closed vessel in which water is heated, steam is generated, or steam is superheated, or a combination of those actions occurs, under pressure or vacuum by the application of heat from combustible fuels, electricity, or nuclear energy. Boiler does not include facilities of an integral part of a continuous processing unit but does include a fired unit for heating or vaporizing liquids other than water, if the unit is separate from a processing system and is complete within itself.

(f) "Boiler for agricultural purposes" means a portable boiler used in a field or similar open area for the sole purpose of operating farm equipment or farm machinery.

(g) "Boiler operator" or "stationary engineer" means an individual who is engaged in the operation of boilers and associated auxiliaries.

(h) "Certificate inspection" means an inspection that is conducted for purposes of preparing a report described in section 945. The certificate inspection shall be an internal inspection if construction allows; otherwise the certificate inspection shall be as complete an inspection as possible.

(i) "External inspection" means an inspection that does not involve examination of the internal surfaces of the pressure parts of the boiler.

(j) "Heating surface" means the heating surface determined by the boiler manufacturer and recorded in the manufacturer's data report or by rules established by the board for a boiler if the manufacturer's data report is not available or the boiler is not stamped with its heating surface.

(k) "High pressure, high temperature water boiler" means a water heating boiler operating at pressure that exceeds 160 p.s.i.g. or temperatures that exceed 250 degrees Fahrenheit.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5903

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5903 Additional definitions.

Sec. 903.

(1) As used in this article:

(a) "Low pressure boiler" means a steam boiler operated at pressures that do not exceed 15 p.s.i.g., or a hot water heating boiler operated at pressures that do not exceed 160 p.s.i.g. or temperatures that do not exceed 250 degrees Fahrenheit.

(b) "P.s.i.g." means pounds per square inch gauge.

(c) "Power boiler" means a closed vessel in which steam or other vapor is generated at a pressure of more than 15 p.s.i.g. by the direct application of heat.

(d) "Process boiler" means a boiler that is operated at a pressure or temperature from which more than 10% of the boiler's capacity is used for direct steam humidification or direct process work.

(e) "Qualified technical education program" means an educational program that is approved by the board and that has a minimum of 350 contact hours in classroom hands-on training, field training, or supervised plant visits for high pressure boiler operators. The board may establish lesser standards for an educational program for low pressure operator training or other entry-level training positions only.

(f) "Qualified training program" means any of the following:

(i) An in-house training program approved by the board and offered to boiler operators and stationary engineers by an employer.

(ii) An in-house training program implemented or developed by a utility and offered to boiler operators and stationary engineers by an employer as a result of negotiations between an employer and its employees.

(iii) A boiler training program offered by a branch of the armed forces.

(g) "Secondhand boiler" means a boiler that has changed ownership and location after initial use.

(2) As used in this article and for purposes of any rules promulgated under this article, in connection with any requirements for a license to inspect, install, or repair boilers or for registration as a boiler operator or stationary engineer in 1 or more of the classifications described in section 933, "experience" includes any relevant experience acquired while serving in the armed forces by an individual who was separated from that service if all of the following are met:

(a) The applicant provides to the department a form DD214, a form DD215, or any other form that is satisfactory to the department that demonstrates that he or she was separated from that service, with an honorable character of service or under honorable conditions (general) character of service.

(b) The applicant submits with his or her application for licensure or registration an affidavit or letter signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that describes his or her experience designing, constructing, manufacturing, installing, inspecting, operating, repairing, or maintaining boilers and associated auxiliaries while serving in the armed forces.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5905

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5905 Board of boiler rules; appointment and qualifications of members; quorum.

Sec. 905.

(1) The board of boiler rules created in section 3 of former 1965 PA 290 shall continue in existence and is designated as the board for purposes of this article.

(2) The board shall consist of the director or the director's designee, who is a permanent member, and 13 individuals appointed by the governor. All of the following apply to the appointed members of the board:

(a) Except for the representative of the general public, an appointed member must have substantial experience in the design, erection, fabrication, installation, operation, repair, or inspection of boilers.

(b) The appointed members of the board shall include all of the following:

(i) One member who represents the general public.

(ii) Two members who represent owners and users of boilers in this state.

(iii) One member who represents owners and users of power boilers that operate at 1,000 p.s.i.g. or more.

(iv) Two members who represent organized labor in this state that engage in the erection, fabrication, installation, operation, or repair of boilers.

(v) One representative who represents water tube boiler manufacturers that do business in this state.

(vi) One member who represents fire tube boiler manufacturers that do business in this state.

(vii) One member who represents a boiler insurance company that is licensed to do business in this state.

(viii) One member who represents the mechanical contractors in this state that have experience in the installation, piping, or operation of boilers.

(ix) One member who represents boiler repair contractors in this state that are engaged in the business of repairing boilers by welding and riveting.

(x) One member who represents consulting engineers in this state who have boiler experience.

(xi) One member who represents antique steam boiler owners and operators.

(3) Seven members of the board constitute a quorum for the transaction of business. An approval, decision, or ruling of the board is not effective unless supported by a majority of the members present.

History: 2016, Act 407, Eff. Apr. 4, 2017 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of board of boiler rules to department of licensing and regulatory affairs, see E.R.O. No. 2017-1, compiled at MCL 339.3102.For transfer of the board of boiler rules to the department of licensing and regulatory affairs by type III transfer, and the abolishment of the board, see E.R.O. No. 2024-2, compiled at MCL 16.735.

MCL 339.5929

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5929 License not required for employee; application of article 8; exemption.

Sec. 929.

(1) An individual in the employ of a licensee is not required to obtain a license.

(2) A person that is licensed under article 8 in the classification of hydronic heating and cooling and process piping may install, repair, alter, and remove a residential boiler that is installed in a residence and exempt from this article under section 915 without obtaining a license.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5933

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5933 Classification of boiler operator and stationary engineer registrations.

Sec. 933.

For purposes of this article, boiler operator and stationary engineer registrations are classified as follows:

(a) Low pressure boiler operators, who operate low pressure boiler plants that have an aggregate of not more than 4,000 square feet of boiler heating surface.

(b) High pressure boiler operators, who operate boiler plants that have an aggregate of not more than 4,000 square feet of boiler heating surface or not more than 10 steam engine-turbine horsepower.

(c) Third-class stationary engineers, who operate boiler plants that have an aggregate of not more than 7,500 square feet of boiler heating surface or not more than 100 steam engine-turbine horsepower.

(d) Second-class stationary engineers, who operate boiler plants that have an aggregate of not more than 20,000 square feet of boiler heating surface or not more than 200 steam engine-turbine horsepower.

(e) First-class stationary engineers, who operate boiler plants that have an aggregate of 20,000 square feet or more of boiler heating surface or 200 steam engine-turbine horsepower or more.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5937

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5937 Registration; requirements; qualifications.

Sec. 937.

(1) The director shall not issue a registration for a title described in section 931(2) unless the applicant meets the requirements under this section that are applicable to the classification of registration for which the applicant is seeking registration, as described in this section.

(2) An applicant for a low pressure boiler operator registration shall have at least 1 year of experience operating or maintaining low or high pressure boilers, steam prime movers, or associated auxiliaries.

(3) An applicant for a high pressure boiler operator registration shall have 1 or more of the following:

(a) At least 2 years of experience in the operation of a high pressure boiler.

(b) A low pressure boiler operator's registration and at least 1 year of experience in the operation of a low pressure boiler.

(c) At least 1 year of either a qualified training program, a qualified technical education program, or an approved apprenticeship program.

(4) An applicant for a third-class stationary engineer registration shall meet 1 or more of the following requirements:

(a) Is registered as a high pressure boiler operator and has at least 1 year of experience in the operation of a high pressure boiler.

(b) Is registered as a low pressure boiler operator, has at least 1 year of experience in the operation of a low pressure boiler, and has at least 1 year of maintenance experience on high pressure boilers and associated auxiliaries.

(c) Is registered as a high pressure boiler operator and has at least 1 year of boiler maintenance experience or at least 1 year as an apprentice in an approved training program in a high pressure boiler plant that has an aggregate heating surface of more than 4,000 square feet.

(d) Has at least 3 years of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 4,000 square feet.

(e) Has at least 1 year of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 4,000 square feet along with sufficient experience operating steam prime movers in excess of 10 horsepower for a combined total of at least 3 years of experience.

(f) Has an associate degree in energy technology or a related field, as determined by the board, with a power engineering option from a 2-year college whose program is approved by the board and employment or cooperative education experience of at least 360 hours as a power engineer, boiler operator, or stationary engineer in a steam electric generation plant or a high pressure steam heating or process plant.

(5) An applicant for a second-class stationary engineer registration shall meet 1 or more of the following requirements:

(a) Is registered as a third-class stationary engineer and has at least 1 year of experience as a third-class stationary engineer.

(b) Has a bachelor's degree in engineering, engineering technology, heating/power technology, or energy technology from a college or university whose program is approved by the board and employment experience as an engineer in the engineering or research division of a steam electric power generating plant for at least 1 year.

(c) Has at least 4 years of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 7,500 square feet.

(d) Has at least 1 year of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 7,500 square feet along with sufficient experience operating steam prime movers in excess of 100 horsepower for a combined total of at least 4 years of experience.

(e) Has at least 1 year of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 7,500 square feet along with sufficient experience operating boilers in a high pressure boiler plant that have an aggregate heating surface of more than 4,000 square feet for a combined total of at least 4 years of experience.

(6) An applicant for a first-class stationary engineer registration shall meet 1 or more of the following requirements:

(a) Is registered as a second-class stationary engineer and has at least 2 years of experience as a second-class stationary engineer.

(b) Has at least 6 years of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 20,000 square feet.

(c) Has at least 2 years of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 20,000 square feet along with sufficient experience operating steam prime movers in excess of 200 horsepower for a combined total of at least 6 years of experience.

(d) Has at least 2 years of experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 20,000 square feet along with sufficient experience in the operation of boilers in a high pressure boiler plant that have an aggregate heating surface of more than 7,500 square feet of heating surface for a combined total of at least 6 years of experience.

(e) Completes a 4-year approved apprenticeship program or a 4-year qualified training program.

(f) Completes a 4-year program with a bachelor's degree from a college or university in engineering, engineering technology, heating/power technology, or energy technology whose program is approved by the board and which includes a hands-on power option from a 2-year community college program or the equivalent, as determined by the board, and not less than 1 year of employment, internship, or cooperative education experience in a steam electric generation plant or high pressure steam heating process plant.

History: 2016, Act 407, Eff. Apr. 4, 2017

MCL 339.5943

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5943 New or used boiler; use in this state; inspected; requirements.

Sec. 943.

A boiler used or proposed for use in this state shall be thoroughly inspected as to the boiler's construction, installation, and condition. All of the following apply for purposes of this inspection requirement:

(a) A power boiler, process boiler, or high pressure high temperature water boiler shall receive a certificate inspection annually and shall be externally inspected annually, while under pressure, within 6 months from the date of the certificate inspection.

(b) A low pressure steam or vapor heating boiler shall receive a certificate inspection every 2 years. A hot water heating boiler or hot water supply boiler shall receive a certificate inspection every 3 years.

(c) A grace period of 2 months beyond the periods described in subdivisions (a) and (b) may elapse between certificate inspections.

(d) On a case-by-case basis, as provided in rules promulgated by the department, the board may permit longer periods of up to 36 months between certificate inspections described in subdivisions (a) and (b).

(e) The chief inspector, a deputy inspector, or a special inspector shall perform the inspection of a boiler.

(f) If a hydrostatic test is considered necessary by the inspector, the owner or user of the boiler shall perform that test.

(g) A boiler, other than a cast iron sectional boiler, that is to be installed in this state shall be inspected during construction, as required by the applicable rules of the board, by an inspector who is licensed to inspect boilers in this state. If the boiler was constructed outside of the state, the boiler shall have been inspected by an inspector who holds a license as an inspector of boilers for a state that has a standard of examination substantially equal to that of this state or a license issued by the National Board of Boiler and Pressure Vessel Inspectors.

History: 2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2020, Act 89, Eff. Sept. 14, 2020

MCL 339.5945

SKILLED TRADES REGULATION ACT (EXCERPT)

Act 407 of 2016

339.5945 Inspection report; filing; form; fee; issuance, contents, validity, posting, and suspension of inspection certificate.

Sec. 945.

(1) Within 30 days following a boiler certificate inspection required under this article, the chief inspector, a deputy inspector, or the person that employs a special inspector who performed the inspection shall file a report of the inspection with the chief inspector, on a form approved by the board. A form may be 1 of the forms recommended by the National Board of Boiler and Pressure Vessel Inspectors. A report of an external inspection is not required unless the external inspection discloses that a boiler is in a dangerous condition.

(2) If a report filed under subsection (1) indicates that a boiler complies with the rules of the board, the owner or user of the boiler shall pay a fee, in an amount established by the department under article 4, directly to the department and the department shall issue to that owner or user an inspection certificate that states the date of inspection and specifies the maximum pressure under which the owner or user may operate the boiler. All of the following apply to an inspection certificate issued under this section:

(a) An inspection certificate is valid for not more than 12 months for a power boiler, except that the certificate is valid during a 2-month grace period under section 943(c) or during an extension approved by the board under section 943(d). The grace period provided under section 943(c) only applies to a 12-month certificate and does not apply to extensions approved by the board under section 943(d) beyond the 12-month certificate.

(b) An inspection certificate is valid for not more than 24 months for a low pressure steam or vapor heating boiler and 36 months for a hot water heating boiler or hot water supply boiler, except that the certificate is valid during a grace period under section 943.

(c) An owner or user of a boiler shall post an inspection certificate under glass in the room in which the boiler is located. If the boiler is not located within the building, the owner or user shall post the certificate in a location that is convenient to the boiler that was inspected or in a place that is accessible to interested parties.

(3) An inspection certificate issued for an insured boiler by a special inspector is not valid after the boiler for which the certificate was issued ceases to be insured by a company authorized by this state to carry the insurance, if the insurance was terminated because of an unsafe condition or a violation of a rule of the board.

(4) The chief inspector may suspend an inspection certificate if, in his or her opinion, the boiler for which the certificate was issued cannot be operated without harm to the public safety, or if the boiler is found not to comply with the rules promulgated under this article. A suspension of an inspection certificate shall continue in effect until the boiler conforms to the rules of the board and the inspection certificate is reinstated.

History: 2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2020, Act 89, Eff. Sept. 14, 2020

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)