Act No. 503

Public Acts of 1998

Approved by the Governor

January 5, 1999

Filed with the Secretary of State

January 5, 1999

EFFECTIVE DATE: January 5, 1999

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Cherry, Schermesser, Schauer, Bogardus, Murphy, Curtis, LeTarte, McNutt, Godchaux, Sanborn, Green, Byl, McBryde, Jelinek, Sikkema, Gernaat, Cropsey, Bobier, DeVuyst, Middaugh, Birkholz, Voorhees and Perricone

ENROLLED HOUSE BILL No. 5891

AN ACT to amend 1965 PA 290, entitled "An act to regulate the use, construction, installation and repair of boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for boilers; to provide for the licensing of boiler inspectors, installers and repairers; to provide fees for licenses, permits, inspections and certificates; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts," (MCL 408.751 to 408.776) by adding section 7c.

The People of the State of Michigan enact:

Sec. 7c. (1) Subject to subsections (2), (3), (4), and (5), this act does not apply to a miniature hobby locomotive operating on narrow gauge tracks less than 24 inches in width.

(2) The department of consumer and industry services shall inspect annually a miniature hobby locomotive operating in a public display or use. The inspection shall be conducted by a deputy inspector or special inspector or by a miniature hobby locomotive club in the manner provided for in subsections (4) and (5). The inspector shall file a copy of the inspection report with the chief inspector and provide a copy of the inspection report to the owner of the miniature hobby locomotive.

(3) The fee for an inspection conducted by a deputy or special inspector is $15.00. The department of consumer and industry services, upon demonstration that the miniature hobby locomotive boiler complies with the applicable rules governing miniature hobby locomotives, shall issue a certificate of inspection to the owner of that locomotive.

(4) The director shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding the inspection, certification, and adoption by reference or establishment of inspection and certification standards for boilers used on miniature hobby locomotives subject to this section. The rules shall include a procedure for approval and authorization of miniature hobby locomotive clubs to perform inspections and certify boilers used in miniature hobby locomotives.

(5) The board shall approve a miniature hobby locomotive club applying to the board for approval to inspect and certify boilers used in miniature hobby locomotives upon the board's determination that the club complies with and applies the inspection and certification standards established in the rules. After approval and authorization by the board, the miniature hobby locomotive club may inspect boilers and certify to the board that a miniature hobby locomotive complies with the standards contained in the rules.

(6) As used in this section, "public display or use" means display to or use by the general public but not the owner or the owner's family.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.