Michigan Administrative Code

R 330.2814 Individual plan of service. Rule 2814. A community mental health services program shall develop individual plans of service using a person-centered process in accordance with section 712 of the act and R 330.7199. History: 1997 AACS.

R 336.2816 Sources impacting federal class I areas; additional requirements. Rule 1816. (1) The department shall transmit to the United States environmental protection agency a copy of each permit application relating to a major stationary source or major modification and provide…

R 336.2817 Public participation. Rule 1817. (1) The department shall notify all applicants within a specified time period as to the completeness of the application or any deficiency in the application or information submitted. If there is a deficiency, then the date of receipt of…

R 336.2818 Source obligation. Rule 1818. (1) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state, or federal law. (2) If a part…

R 336.2819 Innovative control technology. Rule 1819. (1) An owner or operator of a proposed major stationary source or major modification may request the department to approve a system of innovative control technology. (2) The department may, with notice to and advice from each a…

R 336.2823 Actuals plantwide applicability limits (PALs). Rule 1823. (1) The following definitions apply to the use of actuals PALs consistent with this rule. If a term is not defined in these paragraphs, it shall have the meaning given in R 336.2801 or R 336.1101 to R 336.1127. …

R 336.2901 Definitions. Rule 1901. The following definitions apply to terms used in this part. If a term defined here is also defined elsewhere in these rules, then the definition contained here supersedes for this part only: (a) “Actual emissions” means the actual rate of emissi…

R 29.2901 Applicability. Rule 1. These rules shall apply to all new and existing permanent buildings or structures and temporary facilities at which both consumer and low-impact fireworks are sold. History: 2013 AACS.

R 299.2901 Purpose. Rule 1. These rules are promulgated for the purpose of implementing the provisions of the act. History: 1979 AC.

R 29.2902 Definitions. Rule 2. As used in these rules: (a) “Act” means the Michigan fireworks safety act, 2011 PA 256, MCL 28.451 to 28.471. (b) “Bureau” means the department of licensing and regulatory affairs' bureau of fire services. (c) “Department” means the department of li…

R 336.2902 Applicability. Rule 1902. (1) This part applies to the construction of each new major stationary source or major modification that is both of the following: (a) Located in a nonattainment area. (b) Major for the pollutant for which the area is designated nonattainment.…

R 299.2903 Definitions. Rule 3. As used in these rules: (a) "Act" means the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106. (b) "Board" means the board of certification authorized by R 299.2916. (c) "Certificate" means a document that is…

R 29.2903 Applications. Rule 3. The bureau shall create uniform applications and other forms for dissemination to and for use by applicants for retail sales and local units of government as provided under section 16 of the act and published in electronic format at http://www.mich…

R 29.2905 Collection of fees. Rule 5. The bureau shall create procedures for the collection of applications and fireworks safety fees in accordance with the act, the Michigan department of treasury rules and procedures, and department of licensing and regulatory affairs tax and f…

R 299.2905 Rescission. Rule 5. The following rules are rescinded: (a) R 325.461 (b) R 325.1121 to R 325.1128 History: 1979 AC; 2003 AACS. PART 2. TREATMENT FACILITY AND COLLECTION SYSTEM CLASSIFICATION AND OPERATOR CERTIFICATION R 299.2911 Initial treatment facility and collectio…

R 29.2906 Transfer of certificate. Rule 6. (1) A consumer fireworks certificate is transferrable in accordance with section 4(6) of the act, MCL 28.454(6). (a) A new applicant shall submit an application and other required information, other than plans, with a $25 transfer fee. (…

R 29.2907 Refunds. Rule 7. Refunds of 70% of the certificate application fee are permitted only under either of the following conditions: (a) The refund request is for an accidental duplicate payment for the same cfrs location for which payment was already made. (b) The refund re…

R 336.2907 Actuals plant wide applicability limits or PALs. Rule 1907. (1) The following definitions apply to the use of actuals PALs. If a term is not defined in these paragraphs, then it shall have the meaning given in R 336.2901: (a) "Actuals PAL for a major stationary source"…

R 29.2908 Inspection. Rule 8. The bureau shall establish an inspection process to confirm that the retail location meets the requirements of the act and the national codes and standards as adopted by reference in R 29.2909 for the retail sale of consumer fireworks. The state fire…

R 29.2910 Administration. Rule 10. Sections 1.1, 1.2, and 1.3 of the code are amended and sections 1.3.2.1, 1.3.2.1.1, 1.3.2.1.2, 1.3.2.2, 1.3.2.3, 1.3.2.3.1, 1.3.2.3.2, and 1.3.2.5 of the code are deleted to read as follows: 1.1 Scope. This code shall provide regulations for the…

R 29.2911 Referenced publications. Rule 11. Sections 2.2, 2.3.1 and 2.4 of chapter 2 of the code are amended to read as follows: 2.2 NFPA publications. The following publications may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-…

R 299.2912 Treatment facility classification and collection system changes. Rule 12. (1) If 1 or more of the conditions described by subrule (2) of this rule exist or are imminent, the department may change the classification of a treatment facility or collection system after not…

R 29.2912 Definitions. Rule 12. Sections 3.2.2, 3.2.3, 3.3.19, 3.3.30, 3.3.30.1, 3.3.30.2, 3.3.48, 3.3.51, and 3.3.52 are amended and sections 3.2.3.1, 3.3.30.3, 3.3.30.4, 3.3.65.1, and 3.3.78 are added to read as follows: 3.2.2 “Authority having jurisdiction” means the director …

R 29.2913 Retail sales of consumer fireworks. Rule 13. Sections 7.2.1, 7.3.2, 7.3.3, 7.3.6, 7.3.13, 7.3.16, 7.3.18.1, 7.3.23, 7.4.9.1.1, 7.4.9.2.4, 7.5.1.1, 7.6.2.2 of chapter 7 of the code are amended, section 7.3.13.1 is added, and sections 7.3.18.2 and 7.4.9.2.1 of the code ar…

R 29.2914 Verification of compliance. Rule 14. Consumer fireworks shall not be sold at a retail location until plans required under R 29.2913 have been received and approved by the bureau and the bureau verifies compliance with section 5 of the act, MCL 28.455; nfpa 1124; and , t…

R 29.2915 Violations. Rule 15. If the bureau determines during the physical site inspection that violations exist, the person holding the certificate for the retail location shall be responsible for a civil fine pursuant to the act and R 29.2916. The bureau may seize fireworks pu…

R 299.2916 Board of certification; appointments. Rule 16. The department shall appoint a board of certification that consists of 5 members, of whom 1 shall be a class A certified operator, 1 shall be a qualified engineer registered in this state knowledgeable in the operation and…

R 29.2916 Sanctions. Rule 16. The bureau may issue violation citations and assess civil infraction fines and penalties for any violations of the act and applicable rules, including those observed by bureau personnel while they are performing their duties. The bureau may enforce v…

R 29.2917 Persons subject to penalty. Rule 17. A person applying for a consumer fireworks certificate under the act may be subject to any and all penalties as prescribed by the act. The bureau may forward information regarding violations of the act subject to potential criminal s…

R 299.2917 Board of certification, duties and responsibilities. Rule 17. (1) The board shall advise the department in the examination of persons applying for certification, as set forth in R 299.2918(1). The board shall meet not less than twice each year at times and places as it…

R 29.2918 Proof of insurance. Rule 18. Proof of insurance as required by section 5(3) of the act shall be in writing, be current, and be available for inspection upon request at each retail location. History: 2013 AACS.

R 299.2918 Operator certification, minimum requirements. Rule 18. (1) Certification must require written examination conducted by the department, with the advice of the board, according to 1 or more of the following classifications based on minimum education and experience qualif…

R 29.2919 Technical review of certificate denials. Rule 19. A person denied a certificate for a retail location may file an appeal in writing with the state fire marshal within 28 calendar days of the issuance of the denial. An appeal of a certificate denial shall be based on the…

R 299.2920 Application for examination. Rule 20. (1) The department shall schedule not less than 1 examination per year. The department shall make public the dates for examinations not less than 90 days before the dates set for the examinations. (2) An individual desiring to be c…

R 29.2920 Appeal of violation citation or civil infraction penalty or fine. Rule 20. A party wishing to appeal the violation citation, any penalty or fine assessed for such violation, or both, shall file within 15 calendar days of issuance of the violation citation an appeal with…

R 29.2921 Waiver of hearing; acknowledgement of violation. Rule 21. A party issued a certificate for a retail location cited for a violation of the act or applicable rules may waive the right to appeal and acknowledge the violation or violations specified in the citation. The wai…

R 338.2921 Definitions. Rule 21. (1) As used in these rules: (a) "Board" means the Michigan board of social work. (b) “Code” means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211. (c) "Continuing education contact hour" means a 60-minute clock hour of instruction f…

R 299.2922 Examination procedures. Rule 22. (1) The department shall prepare the examinations for operator certification, taking into account board review and comment. The examinations must include, but are not limited to, the following 3 parts: (a) An evaluation of the education…

R 338.2923 Educational standards; adoption by reference. Rule 23. (1) The board adopts by reference the standards of the Council on Social Work Education (CSWE) for the accreditation of social work education programs in the publication entitled, “Educational Policy and Accreditat…

R 299.2923 Examinations, grading, notification, repeating exam. Rule 23. (1) The minimum passing grade for the written examination is 70%. (2) The department or others designated by it shall grade each examination. (3) The department shall mail the results of each applicant's exa…

R 29.2923 Administrative law appeal. Rule 23. An appeal from the state fire safety board decision will be a contested case before a mahs administrative law judge governed by chapter 4 of 1969 PA 306, MCL 24.271 to 24.287, and the act. History: 2013 AACS. R 29.2924 Proposed decisi…

R 299.2924 Operator certificates, issuance. Rule 24. (1) Following examination, the department shall issue or deny a certificate for each applicant, taking into account the recommendation of the board. Each certificate must indicate the class of treatment facility or facilities o…

R 29.2925 Transmission of record. Rule 25. If exceptions and objections are filed, the administrative law judge shall transmit the record of the proceeding to the director of the department. The record shall include the following: (a) Notices, pleadings, motions, and intermediate…

R 338.2925 Examination adoption; passing scores. Rule 25. (1) The board approves and adopts the following examinations developed, maintained, and scored by the Association of Social Work Boards (ASWB): (a) Bachelor's examination. (b) Advanced generalist examination. (c) Clinical …

R 299.2926 Operator certificates; probation; revocation; suspension. Rule 26. (1) Following a review and comment by the board, the department may place on probation, suspend, or revoke the certificate of a certified operator who is adjudged incompetent or unable to properly perfo…

R 29.2927 Delegation. Rule 27. (1) A local unit of government requesting local inspection delegation under section 11(5) of the act, MCL 28.461(5), shall comply with all of the following: (a) State certified fire inspectors shall perform all delegated inspections. (b) Inspections…

R 299.2927 Appeals. Rule 27. (1) A person that is aggrieved by an action under these rules, or who wishes to appeal another action with respect to certification, shall have an opportunity for a hearing before the department. (2) A hearing conducted under this rule must be conduct…