HB 6021

HOUSE BILL NO. 6021
A bill to amend 2016 PA 407, entitled
"Skilled trades regulation act,"
by amending sections 401, 601, 737, 801, 803, 805, 807,
809, 811, 813, 815, and 819 (MCL 339.5401, 339.5601, 339.5737, 339.5801,
339.5803, 339.5805, 339.5807, 339.5809, 339.5811, 339.5813, 339.5815, and
339.5819), section 807 as amended by 2021 PA 68, and by adding sections 608,
806, 808, 808a, 814, 814a, and 814b.
the people of the state of michigan enact:
Sec. 401. (1) Unless the amount of a fee
is established under a specific article of this act, the department by rule
shall establish the specific amounts of the fees charged for licenses, permits,
and other activities under this act.
(2) If the
department receives a written request and the applicable fee, the department
shall issue a license verification for a current license issued under this act.
(3) If the
department receives an application for licensure from an individual who has
been adjudicated by a court or the department to have violated section 608 and
the application is the individual's first application for licensure under this
act after the violation, the application fee for licensure is 3 times the
standard application fee.
Sec. 601. (1) A person shall not engage in
or attempt to engage in the practice of an occupation regulated under this act
or use a title designated in this act unless the person possesses a license
issued by the department for the occupation.
(2) Subject to
section 411, a person whose license is suspended, revoked, or lapsed, as
determined by the records of the department, is considered unlicensed.
(3) A person that
violates subsection (1) 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.
(4) A person that
violates subsection (1) a second time is guilty of a misdemeanor punishable by
a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or
both.
(5) A person that
violates subsection (1) a third or subsequent time is guilty of a felony
punishable by a fine of not more than $25,000.00 or imprisonment for not more
than 5 years, or both.
(6) The remedies or
penalties imposed for a violation of subsection (1) may include a requirement
that restitution be made, based on proofs submitted to and findings made by the
trier of fact as provided by law.
(7) Notwithstanding
the existence and pursuit of any other remedy or penalty, an affected person
may pursue an action for injunctive relief to restrain or prevent a person from
violating subsection (1). If successful in obtaining injunctive relief, the affected
person is entitled to actual costs and attorney fees. As used this subsection,
"affected person" means a person that is directly affected by the
actions of another person that is suspected of violating subsection (1) and
includes, but is not limited to, a licensee, a board, the department, a person
that has utilized the services of the person suspected of violating subsection
(1), or a private association that is composed primarily of members of the
occupation in which the person is engaging in or attempting to engage in or in
which the person is using a title designated under this act without a license
under this act.
(8) If construction
is being undertaken contrary to a building permit, this act, or other
applicable laws or ordinances, the enforcing agency shall give written notice
to the person that holds the building permit, or if a permit has not been
issued then to the person doing the construction, notifying that person of the
violation of this act, or other applicable laws and ordinances, and that the
person should appear and show cause why the construction should not be stopped.
If the person doing the construction is not known, or cannot be located with
reasonable effort, the enforcing agency may deliver the notice to the
individual in charge of, or apparently in charge of, the construction. If the
holder of the permit or the person doing the construction fails to appear and
show good cause within 1 full working day after notice is delivered, the
enforcing agency shall cause a written order to stop construction to be posted
on the premises. A person shall not continue, or cause or allow to be
continued, construction in violation of a stop construction order, except with
permission of the enforcing agency to abate the dangerous condition or remove
the violation, or except by court order. If an order to stop construction is
not obeyed, the enforcing agency may apply to the circuit court for the county
in which the premises are located for an order enjoining the violation of the
stop construction order. This remedy is in addition to, and not in limitation
of, any other remedy provided by law or ordinance, and does not prevent
criminal prosecution for failure to obey the order.
(9) An
investigation may be conducted under article 5 to enforce this section. A
person that violates this section is subject to the
penalties and remedies provided under this section and under sections 511, 603, including,
but not limited to, imposition of an administrative fine under section 603(e), and
611.
(10) The remedies
under this section are independent and cumulative. The use of 1 remedy by a
person does not bar the use of other lawful remedies by that person or the use
of a lawful remedy by another person.
(11) If a
conviction under subsection (3), (4), or (5) is entered by a court, the court
shall notify the department by mail, facsimile transmission, or electronic mail.email.
(12) The attorney
general or the prosecuting attorney of a county may bring an action in a court
of competent jurisdiction to enforce this section.
Sec. 608. A
person shall not alter or fraudulently use a license card or registration card
issued under this act. An individual who violates this section is subject to all
of the following:
(a) A civil fine of not more than $1,000.00.
(b) Ineligibility to be granted a license or to be registered under this
act for 3 years after the date of the violation.
(c) If the individual applies to be licensed or registered under this
act after the violation, an increase in the application fee to 3 times the
standard application fee.
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), 807(3)(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).733.
(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 must
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.
Sec. 801. As used in this article:
(a) "Acceptance testing" means work that verifies the
aboveground and underground piping of an automatic fire suppression system was
installed in accordance with the Michigan building code and includes, but is
not limited to, all of the following work:
(i) Flushing.
(ii) Hydrostatic
testing of piping.
(iii) Operational
testing on a newly installed automatic fire suppression system, including, but
not limited to, a test of 1 or more of the following:
(A) Air pressure.
(B) A backflow preventer.
(C) A deluge trip.
(D) A dry pipe.
(E) A fire pump.
(F) A main drain.
(G) A preaction valve.
(H) A pressure reducing valve.
(I) A water flow alarm.
(J) A fire loop.
(b) "AFSA" means the American Fire Sprinkler Association.
(c) (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.
(d) "Apprentice mechanical 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 on-site
supervision of a journey mechanical technician or mechanical contractor.
(e) "Automatic fire suppression system" means either of the
following:
(i) A fire
sprinkler system that is for a residential or commercial building and is
designed and installed in accordance with the Michigan building code, and
consists of piping that conveys air, foam, or water, regardless of whether any
other agent is conveyed, to an opening or a device that contains, controls, or
extinguishes a fire.
(ii) A fire
sprinkler system that is for a commercial building that consists of aboveground
and underground piping, includes a water supply or connection to water that
begins on the supply side of a gate valve located at or near the property line
for which the system is used, and provides water to a fire sprinkler system
described in subparagraph (i) only.
(f) "Automatic fire suppression system inspection" means a
visual examination of an automatic fire suppression system to verify that the automatic
fire suppression system appears to be in operating condition and free of
damage.
(g) "Automatic fire suppression system installation" means
acceptance testing or the adjustment, dismantlement, modification, repair,
replacement, or servicing of an automatic fire suppression system. Automatic
fire suppression system installation includes, but is not limited to, all of
the following:
(i) Assembling
metal or nonmetal pipe fittings, including, but not limited to, brass, copper,
glass, lead, or plastic pipe fittings, for an automatic fire suppression
system.
(ii) Joining pipes
for an automatic fire suppression system in any way, including, but not limited
to, any of the following ways:
(A) Brazing.
(B) Caulking.
(C) Cementing.
(D) Fusing.
(E) Grooving.
(F) Soldering.
(G) Threading.
(H) Wiping.
(iii) Securing the
pipes of an automatic fire suppression system to a structure by any means,
including, but not limited to, any of the following means:
(A) A bracket.
(B) A clamp.
(C) A hanger.
(D) A weld.
(h) "Automatic fire suppression system maintenance test" means
a periodic and physical test of an automatic fire suppression system to
determine the operational status of a component in the automatic fire
suppression system, including, but not limited to, a test of 1 or more of the
following:
(i) An alarm.
(ii) A dry pipe,
deluge, or preaction valve trip.
(iii) A fire pump.
(iv) Water flow.
(i) (b) "Board"
means the board of mechanical rules described in section 805.
(j) (c) "Cooling"
means air conditioning. as defined in subdivision (a).
(k) (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.
(l) "Fire
inspector" means an individual who is employed by this state or a local
unit of government to enforce the automatic fire suppression system law of this
state under this article and the Michigan building code.
(m) "Fire sprinkler contractor" means an individual who holds
a mechanical contractor's license with a fire suppression classification under
this article.
(n) (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.
(o) (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.
(p) (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.
(q) (h) "Hydronic
heating and cooling" means the application of equipment and systems which that provide
air conditioning by the controlled forced circulation of fluids or vapors in
pipes.
(r) "Journey mechanical technician" means an individual who is
qualified to engage in the practical installation or servicing of mechanical
equipment and is employed by and under the supervision of a licensed mechanical
contractor.
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) "Mechanical contractor" means an individual who is
qualified to engage in and supervise the installation and servicing of
mechanical equipment and is engaged in the business of mechanical contracting
for a fixed sum, price, fee percentage, valuable consideration, or other
compensation.
(d) "Mechanical work" means installing or servicing mechanical
equipment including hydronic heating and cooling process piping, HVAC
equipment, ductwork, refrigeration, limited heating services, limited
refrigeration and air conditioning service, unlimited refrigeration and air
conditioning service, or fire suppression systems.
(e) "NFSA" means the National Fire Sprinkler Association.
(f) (c) "Process
piping" means any piping which that 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.
(g) (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.
(h) "Registered fire sprinkler program" means an
apprenticeship program that is not less than 4 years long, is registered with
the United States Department of Labor or this state, and involves not less than
8,000 hours of documented practical experience in automatic fire suppression
system installation and not less than 280 hours of classroom, shop, or other
related instruction in the fire suppression trade.
(i) (e) "Servicing"
means the maintenance, repair, and servicing of previously installed equipment
and systems.
(j) (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).807(3).
(k) "Sprinkler fitter journeyperson" means an individual who
is licensed under section 814.
(l) (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.
(m) (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.
(n)
"Water supply" means any of the following:
(i) A fire pump.
(ii) A gravity tank.
(iii) A pressure tank.
(iv) A reservoir.
(v) A public water source.
(vi) A well.
Sec. 805. (1) The board of mechanical
rules created in section 3 of former 1984 PA 192 shall
continue continues in existence and is
designated as the board for purposes of this article.
(2) The board shall must consist
of the state fire marshal or the state fire
marshal's designee, who is a permanent member, and 14 12 residents of the this state, appointed by the governor. All of the
following apply to the appointed members of the board:
(a) An appointed
member shall must be
at least not less
than 18 years old.of age.
(b) Except for the
representative of the general public, an appointed member shall must be
qualified in his or her the appointed member's respective field.
(c) The appointed
members of the board shall must include all of the following:
(i) An individual representing the general
public.
(ii) A member of organized labor who
represents the mechanical trades.
(ii) A mechanical contractor with an HVAC
classification who is licensed under this article.
(iii) A mechanical contractor with a fire
suppression classification who is licensed under this article.
(iv) A mechanical contractor with a
refrigeration classification who is licensed under this article.
(v) A sprinkler fitter journeyperson who is
licensed under this article.
(vi) (iii) A
professional mechanical engineer who is licensed under article 20 of the
occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, as a professional
engineer.
(iv) A representative of an energy-producing
public utility of the state.
(v) A representative from each of the work
classifications described in section 807(2).
(vii) (vi) Two chief One mechanical inspectors inspector of a 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.subdivision.
(viii) A water tube or fire tube boiler
manufacturer.
(ix) A member of organized labor who
represents the mechanical trades.
(x) A member of organized labor who
represents a relevant trade in this state.
(xi) A member of organized labor in this
state that engages in the design, erection, fabrication, installation,
operation, repair, or inspection of boilers.
(xii) A mechanical contractor with experience
in boiler installation, piping, operations, and repair, or a member who
represents owners and users of power boilers that operate at least 1,000
pounds-force per square inch.
(3) At the first
meeting of each year, the board shall elect from its
the board's membership a
vice-chairperson and secretary. The vice-chairperson and secretary shall be are elected
from those the 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
of the board. The governor shall designate 1 member of the board to serve as
chairperson at the pleasure of the governor.
(4) Eight A majority of the members
of the board shall constitute a quorum for
the transaction of business. An approval, decision, or ruling of the board does not become is not effective
unless approved by 2/3 of the board members attending a meeting.
(5) The board may
recommend to the state construction code commission the promulgation of rules
the board considers necessary for the safe design, construction, installation,
alteration, servicing, and inspection of systems used in compliance with the Michigan
mechanical code, and may recommend modifications, additions, or deletions to
this act to update and maintain this act as an effective and enforceable
instrument. 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 state construction code, that the commission issue a certificate of
acceptability for that material, product, or method.
Sec. 806. (1) A
person shall not engage in the business of a mechanical contractor, journey
mechanical technician, or apprentice mechanical technician unless that person
is licensed or registered under this article.
(2) Only a mechanical contractor or journey mechanical technician
licensed under this article shall perform mechanical work.
(3) A mechanical contractor licensed under this article is in charge and
responsible for proper installation and conformance with the state construction
code. Mechanical work must not be performed unless the mechanical contractor
has secured the appropriate permits from this state or a governmental
subdivision of this state authorized to issue permits.
(4) An individual licensed under this article who is engaged in
acceptance testing is exempt from licensure under article 11 for the specific
purpose of acceptance testing.
Sec. 807. (1) An
applicant Until 2 years after the effective
date of the amendatory act that added subdivision (c), a mechanical contractor 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 the applicant 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). (3). 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 not less than 3 years immediately preceding his or her the
applicant's application, an active license under this act in a work
classification listed in subsection (2)(b), (3)(b), (d), (e), or (f) and is applying for
licensure in the following work classifications, as applicable:
(i) If he or she
the applicant currently holds a license
in the work classification listed in subsection (2)(b),
(3)(b), a work classification listed in
subsection (2)(c), (3)(c),
(e), (f), (g), (h), or (j).
(ii) If he or she
the applicant currently holds a license
in the work classification listed in subsection (2)(d),
(3)(d), a work classification listed in
subsection (2)(f) (3)(f)
or (h).
(iii) If he or she
the applicant currently holds a license
in the work classification listed in subsection (2)(e),
(3)(e), a work classification listed in
subsection (2)(g).(3)(g).
(iv) If he or she
the applicant currently holds a license
in the work classification listed in subsection (2)(f),
(3)(f), a work classification listed in
subsection (2)(h).(3)(h).
(c) Currently holds, and has continuously held for at least 1 year
immediately preceding the application, a boiler installer license issued by the
department and is applying for licensure in the work classification listed in
subsection (3)(a).
(2) Beginning 2 years after the effective date of the amendatory act
that added this sentence, a mechanical contractor 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 4,000 hours of experience over a period of not less
than 2 years immediately preceding the application as a licensed journey
mechanical technician, 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 (3). For purposes of this subdivision,
and except in the case of equivalent experience, an applicant must provide to
the board and the department a notarized statement signed under penalty of
perjury from each mechanical contractor of record that is the current or former
mechanical contractor employer of the applicant. The statement must indicate
that the applicant has a minimum of 4,000 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 the applicant performed that work.
(b) Currently holds, and has continuously held for at least 3 years
immediately preceding the applicant's application, an active license under this
act in a work classification listed in subsection (3)(b), (d), (e), or (f) and
is applying for licensure in the following work classifications, as applicable:
(i) If the applicant current holds a license
in the work classification listed in subsection (3)(b), a work classification
listed in subsection (3)(e), (f), (g), (h), or (j).
(ii) If the applicant currently holds a
license in the work classification listed in subsection (3)(d), a work
classification listed in subsection (3)(f) or (h).
(iii) If the applicant currently holds a
license in the work classification listed in subsection (3)(e), a work
classification listed in subsection (3)(g).
(iv) If the applicant currently holds a
license in the work classification listed in subsection (3)(f), a work
classification listed in subsection (3)(h).
(c) Currently holds, and has continuously held for at least 1 year
immediately preceding the application, a boiler installer license issued by the
department and is applying for licensure in the work classification listed in
subsection (3)(a).
(3) (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.
(c) Ductwork.
(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.
(4) (3) For
purposes of subsection subsections (1) and (2),
"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).
(5) (4) An
individual described in subsection (3) (4) shall submit with his
or her the individual's 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).(3).
(6) (5) If
an applicant provides evidence satisfactory to the department that he or she the applicant 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) or (2)(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.
(7) If the state construction code is updated or changed, as a condition
of renewal of a mechanical contractor's license, the mechanical contractor must
demonstrate to the department the successful completion of a course, approved
by the department, concerning the update or change to the state construction
code not later than 12 months after the update or change.
(8) A mechanical contractor license issued under this section is valid
for 3 years.
Sec. 808. (1) The
department shall issue a journey mechanical technician license to an individual
who meets the requirements provided in article 2 and all of the following:
(a) Is not
less than 18 years of age.
(b) Has
passed an examination provided for by the board.
(c) Has not less than 6,000 hours of experience over a period of
not less than 3 years immediately preceding as a registered apprentice
mechanical technician in the work classification for which the applicant 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 notarized statement signed under penalty of perjury from each
mechanical contractor of record that is the current or former mechanical
contractor employer of the applicant. The statement must indicate that the
applicant has a minimum of 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 the applicant performed that work.
(2) The
department shall issue a journey mechanical technician 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.
(c)
Ductwork.
(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)
Specialty.
(3) For
purposes of subsection (1), "experience" includes experience acquired
while serving in the Armed Forces of the United States 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 the individual's
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 journey
mechanical technician in 1 or more of the classifications described in
subsection (2).
(5) If an
applicant provides evidence satisfactory to the department that the applicant
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 6,000 hours
of work experience required under subsection (1). The amount credited, as
determined by the department, must not exceed 1 year or 2,000 hours of the
6,000 hours required.
(6) A
journey mechanical technician license issued under this section is valid for 3
years.
Sec. 808a. (1)
The department shall issue an apprentice mechanical technician registration to
an individual who registers with the department on a form provided by the
department not later than 30 days after being employed.
(2) An apprentice mechanical technician shall, as the technician's
principal occupation, be engaged in learning and assisting in mechanical work
under the direct on-site supervision of a journey mechanical technician or
mechanical contractor.
(3) Except as otherwise provided in this article, an application under
subsection (1) must include an application fee of $15.00.
(4) An apprentice mechanical technician registration issued under this
section is valid for 3 years.
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) 807(3)
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) 807(3)
shall designate the holder of a mechanical contractor's license
described in subsection (1) as the contractor of record and notify the department in writing of the
designation.
(3) If work that is
within 1 of the classifications described in section 807(2) 807(3) 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.
Sec. 811. A municipality shall not
establish or maintain local licensing requirements for the work classifications
described in section 807(2) 807(3) 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.
Sec. 813. (1) Each
work classification examination The initial,
annual, and renewal fee for a journey
mechanical technician license is $40.00 and for an apprentice mechanical
technician registration is $15.00.
(2) An individual who fails to renew a journey mechanical technician
license or an apprentice mechanical technician registration before the
expiration date may renew the license or registration only by applying to the
department for relicensure or reregistration and paying the annual fee under
subsection (1) and the following fee:
(a) For a journey mechanical technician license, $50.00.
(b) For an apprentice mechanical technician registration, $20.00.
(3) Examination fees for a license issued under this act are as follows:
(a) 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
(b) For an apprentice mechanical technician license, $100.00.
(c) For a journey mechanical technician license, $100.00.
(4) (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
additional classifications 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 prorated basis beginning in the year of the
application until the last year of the 3-year license cycle. A
(5) The initial and renewal fee for a mechanical contractor license
issued under this article is $300.00.
(6) An individual who fails to renew a mechanical contractor license that
is not renewed is void for the purpose of obtaining a permit, and the
contractor is eligible for relicensure before
the expiration date of the license may renew the license only by
applying for reinstatement to the board and paying the license renewal fee and a $100.00 late 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.
Sec. 814. (1)
Subject to subsection (2), the department shall issue a sprinkler fitter
journeyperson license to an individual who meets the requirements provided in
article 2 and provides both of the following to the department:
(a) A notarized statement signed under penalty of perjury from each of
the applicant's current or former employers, verifying that the applicant has
not less than 4 years of knowledge and experience in automatic fire suppression
system installation.
(b) Documentation that indicates the individual has completed a
registered fire sprinkler program.
(2)
Beginning 1 year after the effective date of the amendatory act that added this
section, the department shall issue a sprinkler fitter journeyperson license to
an individual who meets the requirements provided in article 2 and meets all of
the following:
(a) The
individual has not less than 4 years of automatic fire suppression system
installation experience. To satisfy the requirement described in this
subdivision, the individual must provide a certified letter from the applicable
employer or employers that, in total, indicate the individual gained the
required amount of experience in automatic fire suppression system installation
during the individual's employment with the employer or employers.
(b) The
individual completed a registered fire sprinkler program.
(c) The
individual passed a sprinkler fitter journeyperson exam approved by the
department.
(3) Except
as otherwise provided in this article, an application under subsection (1) or
(2) must include an application fee of $300.00.
(4) A sprinkler
fitter journeyperson license issued under this section is valid for 3 years.
(5) A
sprinkler fitter journeyperson may renew a license issued under this section by
filing an application with the department on a form approved by the department
before the expiration date of the license. An application must include an
affirmation that the applicant has obtained the required hours of continuing
education under section 814a during the applicant's current license term.
(6) An
individual seeking a license renewal under subsection (5) is subject to a
compliance audit by the department. If the department finds, as a result of an
audit, that the individual did not complete the required amount of hours of
continuing education, the sanction imposed by the department must require the
individual to complete both of the following, as applicable:
(a)
Continuing education that fulfills the requirements for the period determined
by the audit to be deficient.
(b) If the
period determined by the audit to be deficient is not less than 60 days,
additional hours of continuing education as follows:
(i) If the deficiency period is less than 120 days, 4 hours.
(ii) If the deficiency period is 120 days or more, 8 hours.
(7) The
additional hours of continuing education described in subsection (6)(b) do not
apply toward the continuing education required under section 814a. The
department may waive the sanction under subsection (6) if the individual
subject to the sanction demonstrates to the department that the sanction would
cause undue hardship for the individual.
Sec. 814a. (1) A sprinkler fitter
journeyperson shall complete not less than 24 hours of continuing education per
license cycle.
(2)
Continuing education required under subsection (1) includes any of the
following that relate to automatic fire suppression system installation:
(a) A
workshop, seminar, or education conference that is approved or sponsored by any
of the following:
(i) AFSA, or a successor organization.
(ii) An automatic fire suppression system manufacturer.
(iii) The department.
(iv) NFSA, or a successor organization.
(b) A
course in specialized programs approved or sponsored by the department.
(c) A
distance learning, video, or correspondence course approved or sponsored by the
department.
(d)
Continuing education that has been obtained in another state and is approved by
the department.
(e) College
or vocational school coursework that is approved by the department.
(3) Not
later than 30 days before a sponsor of continuing education other than the
department conducts continuing education, the sponsor shall register the
continuing education with the department. A registration must include all of
the following:
(a) The
name and contact information of the sponsor.
(b) The
continuing education's title and field of study.
(c) The
date that the continuing education will begin to be conducted.
(d) A
statement, signed by the sponsor or on behalf of the sponsor, stating that
continuing education credit will be granted on a 50-minute hour or, if the
continuing education is college or vocational school coursework, that 1
semester of course credit equals 8 hours of continuing education credit.
(e) Payment
for a $30.00 registration fee.
(4) An
individual shall, for not less than 4 years after the date of completion of
continuing education, retain a record that demonstrates the individual
completed the continuing education.
(5) On
request by the department, an individual shall provide all of the following:
(a) The
name and contact information of the continuing education sponsor.
(b) The
continuing education's title and field of study.
(c) The
date that the continuing education was offered or completed.
(d) The
location of the continuing education, if applicable.
(e) From
the continuing education sponsor, a statement that includes all of the
following:
(i) The number of hours of instruction for the continuing
education.
(ii) That the individual completed or passed the continuing
education.
(iii) That continuing education credit was granted on a
50-minute hour or, if the continuing education was college or vocational school
coursework, that 1 semester of course credit equals 8 hours of continuing
education credit.
Sec. 814b. (1)
The department shall issue an apprentice sprinkler fitter technician
registration to an individual who meets the requirements provided in article 2
and all of the following:
(a) Is not less than 17 years of age.
(b) Is not a licensed sprinkler fitter journeyperson.
(c) Is enrolled in a registered fire sprinkler program.
(d) Is employed by a fire sprinkler contractor.
(2) Except as otherwise provided in this article, an application under
subsection (1) must include an application fee of $100.00.
(3) An apprentice sprinkler fitter technician registration issued under
this section is valid for 1 year.
(4) An apprentice sprinkler fitter technician shall not do either of the
following:
(a) Perform automatic fire suppression system installation without the
direct, on-site supervision of a sprinkler fitter journeyperson.
(b) Be employed by more than 1 mechanical contractor with a fire
suppression classification at the same time.
(5) The ratio of sprinkler fitter journeypersons to apprentice sprinkler
fitter technicians on a jobsite must be 2 sprinkler fitter journeypersons to 1 apprentice
sprinkler fitter technician. The department or an enforcing agency shall
enforce the ratio on a jobsite basis.
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), 807(3), 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) 807(3) and
is also the contractor of record, and that individual ceases to do business as
a mechanical contractor and sells his or her the individual's 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.
Sec. 819. (1) An
individual who is the owner of a single family single-family dwelling that is, or on completion will
become, his or her the
individual's place of residence may personally install a heating or
refrigerating system in the dwelling if the individual in his or her the
individual's application for a permit affirms that he or she the applicant 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.
(2) An
individual who is the owner of a single-family dwelling is not required to
obtain a license under this article to perform the installation of the
individual's own mechanical conveyance in the individual's single-family
dwelling if the required permits are secured by the individual. 
(3) If work
that is within 1 of the work classifications described in section 807(3) is
performed without compensation by an individual who 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 required permits. This
subsection applies only to the reconstruction, renovation, or remodeling of 1-
to 2-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
under this article or obtain a license or permit from a governmental subdivision
or enforcing agency to perform work described in this section in connection
with the installation, maintenance, replacement, or servicing of a thermostat
for an HVAC system or a hydronic heating and cooling system.
(5) The
following are not required to obtain a license or registration under this
article:
(a) An
individual who is performing an automatic fire suppression system inspection or
automatic fire suppression system maintenance test, in accordance with the
state building code, to determine the operational status of an automatic fire suppression
system only.
(b) An
individual who is acting on behalf of a fire inspector.