December 5, 2012, Introduced by Reps. Wayne Schmidt and Opsommer and referred to the Committee on Regulatory Reform.
A bill to amend 1984 PA 192, entitled
"Forbes mechanical contractors act,"
by amending the title and sections 2, 3, 5, 6, 7, 8, 10, 11, 13,
14, 15, and 16 (MCL 338.972, 338.973, 338.975, 338.976, 338.977,
338.978, 338.980, 338.981, 338.983, 338.984, 338.985, and 338.986),
section 3 as amended by 2006 PA 197, sections 6, 11, and 16 as
amended by 2010 PA 149, section 7 as amended by 1998 PA 300, and
section 10 as amended by 2008 PA 372, and by adding sections 2a,
5a, 6a, 8a, 10a, 10b, and 11a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate the use, installation, alteration, and
servicing of specified heating, cooling, ventilating, and
refrigerating equipment and systems; to provide for powers and
duties for state agencies and governmental subdivisions; to create
a board of mechanical rules; to provide for the licensing and
registration of installing contractors, of journey and apprentice
technicians, and of servicing contractors of heating, cooling,
ventilating, and refrigerating equipment and systems; to prescribe
fees; to provide for the promulgation of rules; and to prescribe
remedies and penalties.
Sec.
2. (1) As used in this act:
(a)
"Board" means the board of mechanical rules.
(b)
"Department" means the department of labor.
(c)
"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.
(d)
"Cooling" means air conditioning as defined in subdivision
(c).
(e)
"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.
(f)
"Enforcing agency" means an enforcing agency as defined in
section
2 of the state construction code act of 1972, Act No. 230
of
the Public Acts of 1972, being section 125.1502 of the Michigan
Compiled
Laws.
(g)
"Equivalent nationally recognized model construction code"
means
a nationally recognized model construction code adopted
pursuant
to section 8 of the state construction code act of 1972,
Act
No. 230 of the Public Acts of 1972, being section 125.1508 of
the
Michigan Compiled Laws.
(h)
"Equivalent nationally recognized model mechanical code"
means
a nationally recognized model mechanical code adopted
pursuant
to section 8 of the state construction code act of 1972,
Act
No. 230 of the Public Acts of 1972, being section 125.1508 of
the
Michigan Compiled Laws.
(i)
"Fire suppression system" means an integrated combination
of
a fire alarm system and fire suppression equipment which 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.
(j)
"Governmental subdivision" means a governmental
subdivision
as defined in section 2 of the state construction code
act
of 1972, Act No. 230 of the Public Acts of 1972, being section
125.1502
of the Michigan Compiled Laws.
(k)
"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 such qualification.
(l) "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.
(m)
"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.
(n)
"Michigan mechanical code" means part 9 of the general
rules
of the state construction code commission, being R 408.30907
to
R 408.30998 of the Michigan administrative code.
(o)
"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 pipes which 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.
(p)
"Refrigeration" means the use of equipment and systems,
including
refrigeration piping, employing the refrigeration cycle
to
generate low temperatures for other than air conditioning
equipment
and systems. Refrigeration includes such equipment and
systems
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.
(q)
"Specialty license" means a license granted pursuant to
this
act which allows the licensee to perform work within limits
established
by the board in 1 or more of the work classifications
set
forth in section 6(3).
(r)
"Servicing" means the maintenance, repair, and servicing
of
previously installed equipment and systems.
(s)
"State construction code" means the rules promulgated by
the
state construction code commission under section 4 of the state
construction
code act of 1972, Act No. 230 of the Public Acts of
1972,
being section 125.1504 of the Michigan Compiled Laws.
(t)
"Limited heating service" means the servicing of gas-
designed
sectional boilers having 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, having a maximum
firing
rate of less than 5 gallons per hour per unit; or electrical
furnaces
and electric boilers using the same kilowatts that are
equivalent
to the fossil fuel British thermal units generated.
(u)
"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.
(v)
"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.
(w)
"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.
(a) "Air conditioning" or "cooling" 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) "Apprentice technician" means an individual who is engaged
in learning about and assisting in the installation or servicing of
mechanical equipment and who is employed by and under the direct
and daily supervision of a mechanical contractor.
(c) "Board" means the board of mechanical rules.
(d) "Boiler" means a closed vessel in which water is heated,
steam is generated, or steam is superheated, or in which any
combination of those functions are accomplished, under pressure or
vacuum, by the application of heat from combustible fuels, or
electricity. Boiler does not include a unit in the processing
system and associated equipment 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.
(e) "Censure" means an expression of disapproval of a
licensee's or registrant's professional conduct, including conduct
that is not necessarily a violation of this act or a rule
promulgated or an order issued under this act.
(f) "Completed application" means an application that is
complete on its face and is submitted with any applicable licensing
fees and any other information, records, approval, security, or
similar item required by law or rule from a local unit of
government, a federal agency, or a private entity but not from
another department or agency of this state.
(g) "Department" means the department of licensing and
regulatory affairs.
(h) "Director" means the director of the department or his or
her authorized representative.
(i) "Ductwork" means the air distribution arrangement for
supply, return, and exhaust in air conditioning systems and in non-
air-conditioning systems, the materials and methods of which are
specified in the current Michigan mechanical code or Michigan
residential code.
(j) "Enforcing agency" means an enforcing agency as defined in
section 2a of the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1502a.
(k) "Facility" means a utility or industrial business housed
in a building or group of buildings at 1 location.
(l) "Fire suppression system" means an integrated combination
of fire suppression equipment that, as a result of predetermined
temperature, rate of temperature rise, products of combustion,
flame, or human intervention, is designed to discharge a fire
extinguishing substance over a fire area.
(m) "Governmental subdivision" means a governmental
subdivision as defined in section 2a of the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1502a.
(n) "Heating" means any of the following:
(i) Used alone, the use of any fuel or electricity to generate
heat in an air conditioning system.
(ii) Used with a qualifying term such as "hydronic", the term
heating assumes the limited meaning expressed by that
qualification.
(o) "Heating, ventilating, and air conditioning" or "HVAC"
means the application of equipment and systems to provide air
conditioning for occupants of buildings or structures. HVAC does
not include the installation of portable self-contained
refrigeration equipment or window-type air conditioners of not more
than 1.5 horsepower.
(p) "Hydronic heating and cooling" means the application of
equipment and systems that provide air conditioning by the
controlled forced circulation of fluids or vapors in pipes.
(q) "Journey technician" means an individual who holds a valid
journey technician license issued under this act and who engages in
the practical installation or servicing of mechanical equipment and
who is employed by and under the direct and daily supervision of a
licensed mechanical contractor.
(r) "Limited heating service" means the servicing of any of
the following:
(i) A gas-fired boiler that has an input rating that does not
exceed 1,000,000 British thermal units and utilizes a combustion
safeguard designed to shut off the main gas supply 10 or more
seconds after pilot flame failure.
(ii) Any other gas-fired or solid-fuel heating equipment or
system that has an input rating of less than 400,000 British
thermal units per unit.
(iii) An oil-fired heating equipment or system that is designed
to use number 1 or number 2 fuel oil and has a maximum firing rate
of less than 5 gallons per hour per unit.
(iv) An electric furnace or electrically heated boiler rated at
300 kilowatt hours or less by the manufacturer.
(s) "Limited refrigeration and air conditioning service" means
the servicing of refrigeration equipment or systems or the
servicing of air conditioning equipment or systems that utilize a
refrigeration cycle of limited capacity that does not exceed 40
tons.
Sec. 2a. As used in this act:
(a) "Mechanical contractor" means an individual who is
licensed under section 6; who supervises the installation and
servicing of mechanical equipment; and who is engaged in the
business of mechanical contracting for a fixed sum, price, fee
percentage, valuable consideration, or other compensation.
(b) "Michigan mechanical code" means part 9A of the general
rules of the state construction code commission, R 408.30901a to R
408.30995a of the Michigan administrative code.
(c) "Michigan residential code" means the Michigan residential
code promulgated by the director under section 4 of the Stille-
DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1504.
(d) "Minor repair" means the repair of any of the following:
(i) A portable heating or gas appliance.
(ii) Portable ventilation equipment.
(iii) A portable cooling unit.
(iv) Self-contained refrigeration equipment or a window-type
air conditioner that is not rated at more than 1.5 horsepower.
(v) An oil burner that does not require connection to a flue,
including an oil stove or a heater equipped with a wick or similar
device.
(e) "Probation" means a sanction that permits the board to
evaluate over a period of time a licensee's or registrant's fitness
to practice an occupation regulated under this act.
(f) "Process piping" means any piping that is not part of a
system designed to provide air conditioning or of a refrigeration
system. Process piping includes pipes that transfer chemicals and
other fluids, gases, or vapors for systems other than air
conditioning systems that are covered by the Michigan mechanical
code.
(g) "Qualified maintenance crew" means 1 or more individuals
responsible for maintaining mechanical equipment and systems in a
facility, at least 1 of whom holds a current mechanical contractor
license in the relevant work classification under this act and who
is responsible for securing applicable permits and inspections.
(h) "Refrigeration" means the use of equipment and systems,
including refrigeration piping, that employ the refrigeration cycle
to generate low temperatures for other than air conditioning
equipment and systems. Refrigeration includes 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, or other
similar equipment that is not rated more than 1.5 horsepower or
other equipment exempted from the Michigan mechanical code.
(i) "Restitution" means a requirement that if a person is
determined to have violated this act, a rule promulgated under this
act, or an order issued under this act and caused monetary damage
to another, the violator is required to compensate the injured
party in an amount determined equal to the amount of that monetary
damage.
(j) "Servicing" means the maintenance, repair, and servicing
of previously installed equipment and systems.
(k) "Specialty license" means a license granted under this act
that allows the licensee to perform work within limits established
by the board in 1 or more of the work classifications described in
section 6(3).
(l) "State construction code" means the rules promulgated under
section 4 of the Stille-DeRossett-Hale single state construction
code act, 1972 PA 230, MCL 125.1504.
(m) "Unlimited heating service" means the servicing of heating
equipment and systems, without restrictions concerning thermal
capacity of or grade of fuel oil or type of fuel used in the
equipment and systems.
(n) "Unlimited refrigeration and air conditioning service"
means the servicing of refrigeration equipment and systems and air
conditioning equipment and systems that employ the refrigeration
cycle, without restrictions concerning thermal capacity of or type
of refrigerant used in the equipment and systems.
Sec.
3. (1) There is created within the department a The board
of
mechanical rules that consists is
created in the department. The
boards shall consist of the state fire marshal or the state fire
marshal's
designee, who shall be as a permanent member of the
board, and 14 residents of the state to be who are appointed
by the
governor with the advice and consent of the senate. Appointed
members
shall be not less than 18 years of age or older and
qualified in their respective fields. Appointed members of the
board shall include 1 person from the general public; a member of
organized labor representing the mechanical trades; a professional
mechanical
engineer registered licensed in
this state; a
representative of an energy-producing public utility of the state;
a
representative from each of the work classifications set forth
described in section 6(3); and 2 chief mechanical inspectors of
governmental
subdivisions. , 1 of whom enforces the building
officials
and code administrators building code, and 1 of whom
enforces
the international conference of building officials
building
code. A member of the board
appointed by the governor
before
January 1, 2007 shall be is appointed for a term of 2 4
years,
except that the governor shall
fill a vacancy shall be
filled
for the unexpired portion of the
term. A member of the board
appointed
by the governor after December 31, 2006 shall be
appointed
for a term of 4 years, except that a vacancy shall be
filled
for the unexpired portion of the term. A The governor may
remove
a member of the board may be removed
from office by the
governor
in accordance with section 10 of
article V of the state
constitution of 1963. A member of the board who has a pecuniary
interest in a matter shall disclose that interest before the board
takes
action in the matter, which and
the board secretary shall
include
that disclosure shall be made a
matter of record in the
record
of the board's official proceedings. Each
member of the
board,
except the state fire marshal or the state fire marshal's
designee,
shall receive reimbursement for actual expenses incurred
by
the member in the performance of his or her duties as a member
of
the board, subject to available appropriations. Travel The
department shall reimburse an appointed member of the board for
travel
or other expenses incurred by a that member
of a board in
the
performance of an official function shall be payable by the
department
pursuant to the standardized travel
regulations of the
department of technology, management, and budget, subject to
available
appropriations. A member of the board shall not serve
more
than 2 consecutive terms.
(2) At the first meeting of each year, the board shall elect
from
its membership a vice-chairperson and a chair and vice-chair
of
the board and a secretary .
The vice-chairperson and secretary
shall
be elected from those members
appointed to the board by the
governor, except that the board members who are chief mechanical
inspectors
are not eligible for election as vice-chairperson vice-
chair
of the board. After December 31,
2006, the governor shall
designate
1 member of the board to serve as chairperson at the
pleasure
of the governor.
Sec.
5. (1) The board may recommend to the state construction
code
commission the promulgation of director
shall promulgate rules
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328, as he or she considers necessary for the safe
design, construction, installation, alteration, servicing, and
inspection of heating, cooling, ventilating, and refrigerating
systems used in compliance with the Michigan mechanical code and
Michigan residential code, and to further define minor repairs. The
director
may recommend modifications,
additions, or deletions to
the
legislature any changes to this act to
update and maintain this
act
as an effective and enforceable instrument. he or she considers
appropriate. The board may also recommend to the state construction
code commission, after testing and evaluating a material, product,
method of manufacture, or method of construction or installation
for acceptability under the code, that the commission issue
certificates of acceptability for that material, product, or
method.
(2)
The board director, in consultation with the department,
board,
may promulgate rules pursuant to under the
administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
sections 24.201 to 24.315 of the Michigan Compiled Laws 1969
PA 306, MCL 24.201 to 24.328, to provide an examination procedure
for
applicants for licensure licenses
under this act. Before an
examination or other test required under this act is administered,
the department and the board, acting jointly, shall review and
approve the form and content of the examination or other test.
Sec. 5a. (1) A person shall not engage in, or work at, the
business of a mechanical contractor, journey technician, or
apprentice technician unless licensed or registered by the
department under this act. Except as provided in subsections (2),
(3), and (4), only a licensed mechanical contractor or journey
technician or a registered apprentice may perform installation or
servicing of mechanical equipment. A licensed mechanical contractor
shall be in charge and is responsible for proper installation of
mechanical equipment and meeting the requirements of the Michigan
mechanical code and Michigan residential code. A person shall not
install mechanical equipment unless the mechanical contractor who
is responsible for the installation obtains a mechanical permit
from this state or a governmental subdivision authorized to issue
mechanical permits.
(2) A license or registration is not required for minor
repairs of mechanical equipment.
(3) A homeowner who owns and occupies or will own and occupy a
single-family dwelling may install his or her own mechanical
equipment in that single-family dwelling if a permit is obtained
under section 10 of the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1510.
(4) This act does not prevent a person from performing any
activities within the scope of a license or registration under any
other licensure or registration act or any codes applicable to that
licensed or registered professional adopted as provided by law.
Sec.
6. (1) Upon the filing of If
an applicant for a license
as a mechanical contractor files an application on a form
prescribed
by the department and payment of pays the examination
fee
prescribed in required
under section 10, the department shall
conduct
examinations determine if the
application is a completed
application. The department shall perform an examination of an
applicant
that files a completed application to
establish the his
or
her qualifications and competency of
applicants seeking
licensing
for the category for a
license as a mechanical contractor
in the work classification described in subsection (3) for which
the
application is submitted and shall issue licenses to those who
pass
the examinations and pay a
license in that classification if
the applicant passes the examination and pays the initial issuance
fee. ,
except as otherwise provided for in this act. An applicant
who
seeks licensure in a
license for more than 1 work
classification
listed described in subsection (3) on a single
application
shall is only be required to pay 1 examination fee and
1
initial issuance fee as provided in under section 10.
(2)
An applicant is not considered eligible for an examination
unless
the applicant is under this
section if he or she meets all
of the following:
(a) Is of good moral character, as defined in section 1 of
1974
PA 381, MCL 338.41.
, and has
(b) Meets 1 of the following:
(i) Unless subparagraph (ii) applies, has a minimum of 3 5 years
of experience as an employee, and under the supervision, of a
licensed mechanical contractor, or has an equivalent of that
experience
acceptable to the board, upon proper showing to the
department,
in 1 or more of the work
classifications listed
described in subsection (3).
(ii) If the applicant files his or her license application in
the 1-year period that begins on the effective date of the
amendatory act that added this subparagraph, has a minimum of 3
years of experience as an employee, and under the supervision, of a
licensed mechanical contractor, or has an equivalent of that
experience acceptable to the board, in 1 or more of the work
classifications described in subsection (3).
(c) For purposes of subdivision (b), submits an affidavit to
the department by the licensed mechanical contractor who supervised
the applicant's employment that describes the applicant's work
experience.
(3)
A contractor's license obtained shall be classified and
limited
as If it grants a mechanical
contractor's license under
this act, the department shall classify and limit that license to 1
or more of the following:
(a) Hydronic heating and cooling and process piping.
(b) HVAC equipment.
(c) Ductwork.
(d) Refrigeration.
(e) Limited service, heating or refrigeration, and air
conditioning.
(f) Unlimited service, heating or refrigeration, and air
conditioning.
(g) Fire suppression.
(h)
Specialty Any additional
specialty classifications
established in rules promulgated under this act.
(4) The mechanical contractor's examination under this section
shall include questions designed to test an applicant's knowledge
of this act, any rules promulgated under this act, the Stille-
DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1501 to 125.1531, and the administration and enforcement
procedures of the code approved by the board. The department shall
hold or arrange for the holding of mechanical contractor
examinations 4 times each year.
(5) The department shall not renew a mechanical contractor's
license unless the mechanical contractor demonstrates to the
department that he or she successfully completed all of the
following in the contractor's current 3-year license period:
(a) If there were any changes to the Michigan mechanical code
in that 3-year period, a 5-hour course approved by the department
concerning those changes, held within 12 months after those changes
were effective.
(b) Ten hours of additional courses approved by the department
relating to rules, laws, referenced standards, or industry
practices.
Sec. 6a. (1) If an applicant for a license as a journey
technician files an application on a form prescribed by the
department and pays the examination fee required under section 10,
the department shall determine if the application is a completed
application. Except for an applicant described in subsection (6),
the department shall conduct an examination of an applicant that
files a completed application to establish his or her
qualifications and competency for a license as a journey technician
in the work classification described in subsection (3) for which
the application is submitted. The department shall issue a license
in that classification to an applicant who passes the examination,
or is an applicant described in subsection (6), and pays the
initial issuance fee. An applicant who seeks a license for more
than 1 work classification described in subsection (3) on a single
application is only required to pay 1 examination fee and 1 initial
issuance fee under section 10.
(2) An applicant is eligible for examination under this
section if he or she meets all of the following:
(a) Is at least 18 years of age.
(b) Is of good moral character, as defined in 1974 PA 381, MCL
338.41 to 338.47.
(c) Meets any of the following:
(i) Has a minimum of 3 years of experience as an employee, and
under the supervision, of a licensed mechanical contractor, or has
an equivalent of that experience acceptable to the board, in 1 or
more of the work classifications described in subsection (3), and
submits an affidavit to the department by the licensed mechanical
contractor who supervised the applicant's employment that describes
the applicant's work experience.
(ii) Has at least 6,000 hours of experience gained over a
period of at least 3 years as an apprentice technician in 1 or more
of the work classifications described in subsection (3).
(iii) Within the 5-year period preceding the date of his or her
application, while on active duty as a member of the armed forces,
has experience in 1 or more of the work classifications described
in subsection (3), or in an equivalent job classification, that the
board determines is the equivalent of the experience described in
subparagraph (ii). As used in this subparagraph, "armed forces"
means that term as defined in section 2 of the veteran right to
employment services act, 1994 PA 39, MCL 35.1092.
(d) If he or she previously failed the examination under this
section 2 times in any 2-year period, at least 1 year has passed
since the date of the second examination he or she failed, and he
or she submits to the board proof that he or she has successfully
completed a course approved by the board on the mechanical code,
mechanical equipment fundamentals, or mechanical equipment theory.
(3) If it grants a journey technician license under this act,
the department shall classify and limit that license to 1 or more
of the following:
(a) Hydronic heating and cooling and process piping.
(b) HVAC equipment.
(c) Ductwork.
(d) Refrigeration.
(e) Limited service, heating or refrigeration, and air
conditioning.
(f) Unlimited service, heating or refrigeration, and air
conditioning.
(g) Fire suppression.
(h) Any additional specialty classifications established in
rules promulgated under this act.
(4) The journey technician examination under this section
shall include written and practical tests that cover the theory and
practice of mechanical equipment installation and servicing and
knowledge of the Michigan mechanical code, rules, and regulations.
The department shall hold or arrange for the holding of journey
technician examinations 4 times each year.
(5) An applicant who provided a certification by a nationally
recognized certification program shall receive a credit against the
requirements of subsection (2)(c)(ii). The board shall review each
nationally recognized certification program and determine the
number of hours the department must credit an applicant under this
subsection.
(6) If an applicant for a journey technician license submits a
completed application and pays the initial issuance fee under
section 10 in the 180-day period beginning on the effective date of
the amendatory act that added this section, and provides the
department with satisfactory evidence that he or she has been
employed by a licensed mechanical contractor for at least the last
5 years performing work in 1 or more of the classifications held by
the licensed mechanical contractor, the applicant is not required
to take and pass the examination described in subsection (1) to
receive a journey technician license.
Sec.
7. (1) Except as provided in subsection subsections (3)
and (4) and section 14, an individual, partnership, association,
corporation, governmental subdivision, college, or university shall
not
perform installations, alterations, or servicing of work
classifications
under section 6(3), which are an
installation,
alteration, or servicing in a work classification described in
section
6(3) that is regulated by under the
Stille-DeRossett-Hale
single
state construction code act, of
1972, 1972 PA 230, MCL
125.1501 to 125.1531, unless the individual, or an employee of the
individual, partnership, association, corporation, governmental
subdivision,
college, or university has received a current
mechanical
contractor's license, from
the department, which has not
been
revoked or suspended, and the license is either classified and
limited
as provided in section 6 or is annotated as provided in
section
8, for that classification
under this act, and the holder
of the mechanical contractor's license, or the property owner if
subsection (3) applies, has secured the appropriate mechanical
permit from the enforcing agency charged with the responsibility of
issuing mechanical permits.
(2) An individual, partnership, association, corporation,
governmental
subdivision, college, or university which that
performs
installations, alterations, or servicing of work
classifications
under section 6(3) an
installation, alteration, or
servicing in a work classification described in section 6(3) shall
designate
the holder of a mechanical contractor's license as
described
in subsection (1) as the contractor of record . The and
notify
the department shall be notified in
writing of the that
designation. An individual, partnership, association, corporation,
governmental subdivision, college, or university may not designate
more than 2 additional licensed mechanical contractors of record
holding the same or different license classifications for an
installation, alteration, or servicing described in this
subsection. If an individual, partnership, association,
corporation, governmental subdivision, college, or university
designates more than 1 mechanical contractor of record for an
installation, alteration, or servicing described in this
subsection, those licensed mechanical contractors are jointly and
severally responsible for exercising the supervision of the
mechanical installation or mechanical service work to ensure full
compliance with this act, the rules promulgated under this act, and
all other laws and rules related to the installation or servicing
of mechanical equipment. A mechanical contractor of record shall
not represent more than 1 individual, partnership, association,
corporation, governmental subdivision, college, or university in a
single installation, alteration, or servicing described in this
subsection.
(3)
If the an installation, alteration, or service of
servicing
in a work classification under described in section 6(3)
is
performed without compensation by a person licensed under this
act
for or on behalf of a charitable organization, the permit
required
under subsection (1) may be obtained by meets all of the
following, the owner of the property on which the work is performed
.
This subsection applies only to may
obtain the appropriate
mechanical permit required under subsection (1):
(a) The installation, alteration, or servicing is performed
without compensation, by an individual licensed under this act, and
for a charitable organization.
(b) The installation, alteration, or servicing is performed
only in connection with the reconstruction, renovation, or
remodeling of 1- to 4-family dwellings.
(4) This act does not require a contractor of record in a
facility
that regularly employs a qualified maintenance crew. to
perform
within the facility mechanical contracting work regulated
by
this act.
(5) As used in this section, "charitable organization" means a
not for profit tax-exempt religious, educational, or humane
organization.
Sec.
8. (1) A person who was not required by statute before
the
effective date of this act to be licensed, and who, on the
effective
date of this act, was engaged in, or worked at, a
business
as a mechanical contractor in 1 or more of the work
classifications
set forth in section 6(3), and who is required to
be
licensed under this act, shall, upon furnishing the department
with
satisfactory evidence of having been engaged in a business as
a
mechanical contractor in 1 or more of the work classifications
set
forth in section 6(3) for a minimum of 3 out of the 5 years
immediately
preceding the effective date of this act, and of having
the
necessary qualifications, shall be granted the license for
which
the applicant seeks licensure without examination, if the
applicant
makes application within 1 year after the effective date
of
this act and pays the initial license fee prescribed in section
10.
If the applicant is approved for licensing, the applicant's
license
shall be annotated showing the work classification or
classifications
listed in section 6(3) in which the applicant has
demonstrated
the requisite experience to engage.
(2)
A person who was not required by statute to be licensed
before
the effective date of this act and, on the effective date of
this
act, is licensed by a municipal licensing board as a
mechanical
contractor in 1 or more of the work classifications set
forth
in section 6(3), is required to be licensed under this act,
and
can furnish the department with satisfactory evidence of the
municipal
license shall be granted the license for which the person
seeks
licensure without examination, if the person makes
application
within 1 year after the effective date of this act and
pays
the initial license fee prescribed in section 10.
(3)
A person who was not required by statute to be licensed
before
the effective date of this act and, on the effective date of
this
act, is employed as a mechanical code inspector for a
governmental
subdivision and has engaged in, or worked at, a
business
as a mechanical contractor in 1 or more of the work
classifications
set forth in section 6(3) for 3 out of the 5 years
immediately
preceding the date of the person's employment as a
mechanical
code inspector and can furnish the department with
satisfactory
evidence of the employment and mechanical contracting
experience,
shall be granted the license for which the person seeks
licensure
without examination if the person makes application
within
1 year after the effective date of this act and pays the
initial
license fee prescribed in section 10.
(4)
A person who, on the effective date of this act, is
licensed
as a residential maintenance and alteration contractor in
the
trade of heating and air conditioning installation pursuant to
section
2404 of the occupational code, Act No. 299 of the Public
Acts
of 1980, being section 339.2404 of the Michigan Compiled Laws,
and
can furnish the department with satisfactory evidence of the
license,
may be granted a license under this act in the appropriate
work
classification set forth in section 6(3) without examination
if
the person makes application within 1 year after the effective
date
of this act and pays the initial license fee prescribed in
section
10.
(5)
A person who, on the effective date of this act, is
licensed
as a residential builder under article 24 of the
occupational
code, Act No. 299 of the Public Acts of 1980, being
sections
339.2401 to 339.2412 of the Michigan Compiled Laws, and
can
furnish the department with satisfactory evidence of the
license
and of having been engaged as a mechanical contractor in 1
or
more of the work classifications set forth in section 6(3)
within
the 5 years immediately preceding the effective date of this
act,
may be granted a license under this act in the appropriate
work
classification set forth in section 6(3) without examination
if
the person makes application within 1 year after the effective
date
of this act and pays the initial license fee prescribed in
section
10.
(1) (6)
The department may license ,
without examination and
upon
the payment of the initial license fee prescribed in section
10,
an applicant who is a legally
authorized mechanical contractor
in another state or country if the board and the department
consider
the licensing requirements of the state
or country are
considered
by the board and the department to be as substantially
equivalent to the licensing requirements of this state and the
state
or country observes reciprocity in regard to for mechanical
contractors licensed in this state.
(7)
The department may license, without examination or payment
of
the fees prescribed in section 10, an applicant who is certified
to
install, modify, test, service, inspect, or maintain required
fire
suppression systems under the fire prevention code, Act No.
207
of the Public Acts of 1941, being sections 29.1 to 29.33 of the
Michigan
Compiled Laws and who seeks licensure under this act only
in
the work classification set forth in section 6(3)(g).
(8)
The holder of a license issued pursuant to this section
shall
have the right to renew the license pursuant to section 10.
(2) An individual may renew a license granted under this
section in the same manner as a mechanical contractor's license
issued under section 6.
Sec. 8a. (1) An individual who is employed as an apprentice
technician shall register with the department within 30 days after
he or she begins that employment, on a form provided by the
department.
(2) An apprentice registration expires 5 years after the date
of initial registration unless the registered apprentice applies
for a journey technician license, and applies to take the next
scheduled examination for that license, in that 5-year period. If
the registered apprentice applies for the license and to take the
examination in that 5-year period, his or her registration remains
valid until he or she is issued a journey technician license, or
fails to take the examination, whichever occurs first.
(3) If it receives a written request from the apprentice
technician, the board may grant an extension of an apprentice
registration for a period of time the board determines is
appropriate.
(4) As his or her principal occupation, an apprentice
technician must be engaged in learning and assisting in the
installation or service of mechanical equipment under the
employment and supervision of a licensed mechanical contractor.
However, a registered apprentice may perform limited heating
service or limited refrigeration and air conditioning service, or
work a registered apprentice is permitted to perform under the
Michigan residential code, without direct supervision by a licensed
mechanical journey technician.
(5) The department may publish the name, registration number,
and date of registration of an apprentice technician registered
under this section on its website or elsewhere. A registrant's
personal information is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and the
department shall not publish or otherwise disclose that
information.
Sec.
10. (1) Subject to subsection (8), the The examination
fee for a mechanical contractor's and journey technician's license
is
$25.00 if paid after September 30, 2012 and $100.00. if
paid on
or
before September 30, 2012. Except
as otherwise provided in
subsections
(2) and (4), (7), the initial and per-year annual fee
for
the issuance of a mechanical contractor's license is $75.00 if
paid
after September 30, 2012 and $100.00
if paid on or before
September
30, 2012. and the initial and
annual fee for the issuance
of a journey technician's license is $75.00.
(2) An initial or renewal mechanical contractor's or journey
technician's license issued under this act expires on August 31
every third year and is renewable if the licensee submits a renewal
application
and pays the license fee not later than
October 31 upon
application
and payment of the license fee of
that year. For If a
person
is applying for an initial or reinstatement reinstated
mechanical contractor's or journey technician's license 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. All licenses A
mechanical contractor's or
journey
technician's license that is not
renewed are void and
before
it expires may only be
reinstated only upon application by
applying for reinstatement and paying a reinstatement fee of $50.00
and
the payment of the any
unpaid license fee fees with the
application. A person who renews his or her license within 3
years
after
the license is voided pursuant to this section is not subject
to
reexamination for the license.
(3) The department shall send a renewal application to the
last known address on file with the department of each person
licensed under this act within the 60-day period preceding the
expiration of a license.
(4) A person licensed under this act shall promptly notify the
department of any change in his or her business or residence
address within 60 days after that change. A notification or failure
of a licensee to notify the department under this subsection does
not affect the expiration date of a license.
(5) The department may not require that an individual
requesting renewal of a mechanical contractor's or journey
technician's license within 3 years after his or her license
expired retake the examination for that license, but he or she is
required to pay the reinstatement fee and a pro rata amount of any
unpaid renewal fee that is for each year he or she did not renew
the expired license. An individual who fails to renew a license for
1 license cycle is required to meet the experience and other
requirements and take an examination for the class of license he or
she seeks to renew.
(6) (3)
Beginning July 23, 2004, the
department shall issue an
initial
or renewal license not later than within 90 days after the
applicant
files a completed application. Receipt of the An
application is considered filed on the date the application is
received
by any agency or department of the this state. of
Michigan.
If the an application
is considered incomplete by the
department, the department shall notify the applicant of any
deficiencies
in writing, or make the information notification
electronically
available, within 30 days after receipt of the
filing of the incomplete application, describing the deficiency and
requesting
the additional information
needed to make the
application
complete. The 90-day period is tolled upon
notification
from
the date of the notification by the
department of a the
deficiency until the date the requested information is received by
the department. The determination of the completeness of an
application does not operate as an approval of the application for
the
a license and does not confer eligibility of an
applicant
determined
the department determines is otherwise ineligible for
issuance of a license. If an applicant fails to complete an
application in the time periods and manner described in this
subsection, the department shall reject the application and shall
not issue a license if it does not receive a new application and
fee.
(7) (4)
If the department fails to issue or
deny a license
within
the time required by this section period described in
subsection (6), the department shall return the license fee to the
applicant and shall reduce the license fee for the applicant's next
renewal
application, if any, by 15%. The a failure to issue a
license
within the time required under this section period
described in subsection (6) does not allow the department to
otherwise delay the processing of the application, and the
department
shall process that application, upon
completion when
completed, shall be placed in sequence with other
completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application
based upon on the fact that the a license
fee was
refunded or discounted under this subsection.
(8) (5)
Beginning October 1, 2005,
the director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with occupational issues.
The director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department
received and completed within in
the 90-day time period
described
in subsection (3). (6).
(b) The number of applications denied by the department.
(c) The number of applicants who were not issued a license
within
the 90-day time period and the described
in subsection (6).
(d) The amount of money returned to licensees under subsection
(4).
(7).
(9) (6)
All fees and money received by the
department for the
licensing of persons under this act, and any other income received
under this act except the proceeds of criminal fines, shall be paid
into the state construction code fund created by section 22 of the
Stille-DeRossett-Hale single state construction code act, 1972 PA
230, MCL 125.1522.
(10) (7)
The department shall annually
submit to the members
of the legislature a comprehensive report detailing the expenditure
of additional money resulting from the 1989 amendatory act that
increased the fees contained in this section.
(8)
As used in this section, "completed application" means an
application
complete on its face and submitted with any applicable
licensing
fees as well as any other information, records, approval,
security,
or similar item required by law or rule from a local unit
of
government, a federal agency, or a private entity but not from
another
department or agency of the state of Michigan.
Sec. 10a. (1) If a license or registration is lost or
destroyed, the department shall issue a new license or
registration, without examination, if it receives from the licensee
or registrant a $30.00 fee and a written statement from the
licensee or registrant that the license or registration has been
lost or destroyed.
(2) A mechanical contractor, journey technician, or apprentice
technician is required to carry his or her license or registration
and a photo identification while performing activities regulated
under this act. If requested by a representative of an enforcing
agency, a licensee or registrant shall present his or her license
or registration and photo identification to that representative.
Sec. 10b. If an individual licensed under this act is employed
or acting as a mechanical inspector, he or she shall not do any of
the following:
(a) Engage in, or be directly or indirectly connected with, a
mechanical equipment installation business, including, but not
limited to, the furnishing of labor, materials, or appliances for
the construction, alteration, or maintenance of a building or the
preparation of plans or specifications for the construction,
alteration, or maintenance of a building.
(b) Engage in any work that conflicts with his or her official
duties as an inspector.
Sec. 11. (1) The department may investigate the activities of
a
licensee or registrant related to the licensee's activities as a
contractor.
The of the licensee or
registrant regulated under this
act, including, but not limited to, any allegations of a violation
of subsection (2). For purposes of this subsection, the department
may hold hearings, administer oaths, and order relevant testimony
to
be taken and shall report its findings to the board. The board
shall
proceed under section 16 if the board finds that any of the
following
grounds exist:
(2) Each of the following is a violation of this act, and the
board shall proceed under section 16 if it finds that a violation
of any of the following has occurred:
(a)
The practice of fraud Fraud
or deceit in obtaining a
license under this act.
(b)
The practice of fraud Fraud
or deceit in the performance
of work for which a license or registration is required under this
act.
(c) An act of gross negligence.
(d)
The practice of false False
advertising.
(e) An act that demonstrates incompetence.
(f) A violation of this act or a rule promulgated under this
act.
(3) (2)
The department shall conduct a review upon If it
receives
notice by from the
department of public community
health
that
the a licensee has violated the asbestos abatement
contractors
licensing
act, 1986 PA 135, MCL 338.3101 to 338.3319, and the
department shall conduct a review and may suspend or revoke that
person's license for a knowing violation of that act.
(3)
A revocation, suspension, or other sanction set forth in
subsection
(2) or section 16 shall be imposed only after a hearing
has
been conducted pursuant to the administrative procedures act of
1969,
1969 PA 306, MCL 24.201 to 24.328.
(4)
The installation, alteration, or servicing of heating,
cooling,
ventilating, or refrigerating equipment or systems shall
not
be performed A person shall
not perform an activity regulated
under
this act under a license that has
been suspended, revoked, or
has
expired license.
A license, other than a license issued under
this
act, shall not be recognized for securing permits
(5) An enforcing agency shall only recognize a license issued
under this act as a valid license for securing an appropriate
mechanical permit to install, alter, or service a heating, cooling,
ventilating, or refrigerating equipment or systems.
Sec. 11a. (1) If it receives a complaint alleging that a
violation of this act or a rule promulgated or order issued under
this act has occurred, the department shall immediately begin an
investigation of the allegations of the complaint. Within 15 days
after receiving the complaint, the department shall notify the
person that made the complaint in writing that it received the
complaint. If the department made the complaint, the director shall
designate 1 or more employees of the department to act as the
person that made the complaint. As part of its investigation, the
department may request that the attorney general petition the
circuit court to issue a subpoena requiring a person to appear
before the department and be examined with reference to any matter
within the scope of the investigation and to produce books, papers,
or documents pertaining to the investigation.
(2) Within 30 days after the department receives the
complaint, the department shall report to the director on the
status of the investigation. If, for good cause shown, an
investigation cannot be completed within 30 days, the director may
extend the 30-day time period.
(3) If the report of the department under subsection (2) does
not disclose a violation of this act or a rule promulgated or an
order issued under this act, the department shall end the
investigation and close the complaint. The department shall provide
the reasons it closed the complaint to the person that made the
complaint and the person that was the subject of the complaint, and
either person may then provide additional information to reopen the
complaint to the department.
(4) If the report of the department under subsection (2)
discloses evidence of a violation of this act or a rule promulgated
or order issued under this act, the department or the department of
attorney general shall prepare the appropriate action against the
person that is the subject of the complaint. That action may
include any of the following:
(a) A formal complaint seeking a penalty or remedy under
section 15 or 16.
(b) A cease and desist order.
(c) A notice of summary suspension of a license or
registration.
(5) At any time during its investigation or after a formal
complaint is issued, the department may bring together the person
that made the complaint and the person that was the subject of the
complaint for an informal conference. At the informal conference,
the department shall attempt to resolve issues raised in the
complaint and may attempt to aid the parties in reaching a formal
settlement or resolution of the complaint.
Sec.
13. (1) A If
a mechanical contractor licensed under
this
act
who performs work in a governmental subdivision, he or she
shall
register his or her license with the enforcing agency which
that issues mechanical permits and provides inspection services of
mechanical
contractor's work for that subdivision. The A
registration
shall be valid until under
this subsection expires on
the expiration date of the individual's mechanical contractor's
license.
Registration shall be granted by all
(2)
Each governmental subdivisions subdivision in this state
shall grant registration to a mechanical contractor on request if
he
or she is licensed under this act upon
payment of a fee not to
exceed
$15.00 and pays a fee to that
subdivision, in an amount
established by that subdivision, that does not exceed $45.00 per
licensing cycle.
Sec.
14. (1) The owner of a single-family dwelling which that
is,
or upon on completion becomes, the owner's place of residence
may
personally install a heating or refrigerating air conditioning
system
in the dwelling if the owner , upon application applies for
a
permit , and
affirms in the application that he
or she is the
owner and occupant of the dwelling, or shall become the owner and
occupant
upon on completion of the dwelling in which the
installation is done, and that the applicant will install the
equipment
in the dwelling for which the permit is requested. The
(2) An applicant described in subsection (1) shall apply for
and
secure the any required mechanical
permits from the enforcing
agency of the governmental subdivision and shall obtain the
required mechanical inspection after the installation is completed
and the equipment is placed in operation.
Sec.
15. (1) Except as provided in subsection (2), an
individual,
partnership, association, or corporation who violates
this
act is guilty of a misdemeanor, punishable by a fine of not
more
than $500.00, or imprisonment for not more than 90 days, or
both.
(2)
A member of the board who intentionally violates section
4(4)
shall be subject to the penalties prescribed in the open
meetings
act, Act No. 267 of the Public Acts of 1976, being
sections
15.261 to 15.275 of the Michigan Compiled Laws.
(1) If an individual licensed or registered under this act
commits a violation of this act, he or she may be ordered to pay a
civil fine of not less than $1,000.00 per day for each day the
violation continues, except that a fine shall not exceed $5,000.00
in total per violation. For a second or subsequent violation, a
licensee or registrant may be ordered to pay a civil fine of not
less than $2,000.00 per day for each day the violation continues,
except that a fine shall not exceed $10,000.00 in total per
violation.
(2) A member of the board who intentionally violates section
5(4) of the open meetings act, 1976 PA 267, MCL 15.265, is subject
to the penalties imposed under that act.
(3) If an individual who is not licensed or registered under
this act performs any work regulated by this act, and is not exempt
from licensure or registration under this act, he or she is guilty
of a misdemeanor punishable by a fine of not less than $2,500.00
per day for each day the violation continues, except that a fine
shall not exceed $25,000.00 in total per violation, or punishable
by imprisonment for not more than 1 year, or both.
(4) The attorney general or a local prosecuting attorney may
initiate an action to enforce this act, rules promulgated under
this act, or an order issued under this act.
Sec.
16. (1) After finding the existence of 1 or more of the
grounds
for board action described in section 11(1) and after If
the board finds that a person has violated section 11(2), after
providing that person an opportunity for a hearing, the board shall
impose 1 or more of the following sanctions for each violation:
(a)
Suspension of the a license or
registration issued under
this act.
(b)
Denial of the a license required or registration issued
under this act.
(c)
Revocation of the a license or
registration issued under
this act.
(d)
A requirement that for
payment of restitution. be
made.
(e) Denial of renewal of a license or registration issued
under this act.
(f) Censure of the licensee or registrant.
(g) Probation.
(h) If a person is a licensee or registrant, an administrative
fine of not more than $2,500.00. If the board finds that the person
has committed 2 or more violations of section 11(2) in a 1-year
period, the board may impose an administrative fine of not more
than 2 times that amount, and if it finds 3 or more violations in a
2-year period, the board may impose an administrative fine of not
more than 3 times that amount.
(2) In addition to any other sanction described in subsection
(1), if the board finds that a licensee or registrant has violated
section 11(2) at least 3 times in a 2-year period, the board must
revoke the person's license or registration and shall not issue
that person another license or registration if the person reapplies
for a license or registration of the same type.
(3) For purposes of this section, 1 or more violations that
occur on the same date on the same jobsite are considered 1
violation.