DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF CONSTRUCTION CODES
STATE PLUMBING BOARD
LICENSES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the
state plumbing board by section 13 of 2002 PA 733, MCL 338.3523, and Executive
Reorganization Order Nos. 1996-2, 2003-1, 2008-4 and 2011-4, MCL 445.2001, MCL
445.2011, MCL 445.2025 and MCL 445.2030By authority conferred on the
director of the department of licensing and regulatory affairs by section 207
of the skilled trades regulation act, 2016 PA 407, MCL 339.5207, and Executive
Reorganization Order Nos. 2003-1, 2008-4, and 2011-4, MCL 445.2011, 445.2025
and 445.2030)
R 338.921, R 338.921a, R 338.922, R 338.923, R 338.924, R 338.924a, R 338.924b, R 338.925, R 338.926, R 338.927, R 338.928, R 338.929, R 338.930, R 338.931, R 338.931a, R 338.931b, and R 338.932 of the Michigan Administrative Code are rescinded as follows:
R 338.921 Examination;
qualificationsRescinded.
Rule 1. Any person who is
18 years of age or over and who possesses the necessary qualifications may
apply for examination for a journey plumber’s license. Any person who is 18
years of age or over, who possesses the necessary qualifications, and who can
read and write English may apply for examination for a master plumber’s
license.
R 338.921a DefinitionsRescinded.
Rule 1a. The terms defined
in the state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569, have the same
meaning when used in these rules.
R 338.922 Application for
journey plumber, master plumber, and plumbing contractor examinationsRescinded.
Rule 2. Application for
examination for a journey plumber’s license, a master plumber’s license, or a
plumbing contractor’s license shall be made with a proper application which
shall be furnished by the department. The application for examination shall be
made to the department and shall be accompanied with the fee prescribed in the
state plumbing act.
R 338.923 Qualification of
applicants for journey plumber’s examinationRescinded.
Rule 3. (1) To qualify
for examination for a journey plumber’s license, an applicant shall furnish,
either on or with his or her application, a notarized statement from his or her
present or former employers and master plumber to the effect that he or she has
at least 6,000 hours of experience gained over a period of not less than 3
years as a registered apprentice in the practical installation of plumbing
under the supervision of a master plumber.
(2) When evidence is
produced to the effect that an applicant is a graduate of a recognized trade
school, proper credit will be given the applicant, but such credit shall not
exceed 2,000 hours of the required 6,000 hours of practical experience as a
registered apprentice.
(3) If an applicant is
unable to conform to any of the requirements in subrules (1) and (2) of this
rule, he or she may, upon written request, appear before a quorum of the state
plumbing board to present evidence as to his or her eligibility for
examination.
(4) A person who is
licensed as a journey plumber in another state or country shall appear before a
quorum of the state plumbing board to present evidence as to his or her
possession of a journey plumber license and the licensing requirements from the
licensing state or country. The state plumbing board shall then determine if
the individual will be allowed to take the Michigan journey plumber
examination.
R 338.924 Qualifications of
applicants for master plumber’s examinationRescinded.
Rule 4. (1) To qualify for
examination for a master plumber’s license, an applicant shall be on record
with the department as having gained 4,000 hours of experience as a licensed
journey plumber over a period of not less than 2 years immediately preceding
the date of his or her application.
(2) If an applicant is
unable to conform to the requirements of subrule (1) of this rule, he or she
may, upon written request, appear before a quorum of the state plumbing board
to present evidence as to his or her eligibility for examination.
(3) A person who is
licensed as a master plumber or equivalent in another state or country shall
appear before a quorum of the state plumbing board to present evidence as to
his or her possession of a master plumber license or equivalent and licensing
requirements from the licensing state or country. The state plumbing board
shall then determine if the individual will be allowed to take the Michigan
master plumber examination.
R 338.924a Qualification of
applicants for plumbing contractor examinationRescinded.
Rule 4a. (1) To qualify
for examination for a plumbing contractor license, the applicant shall provide
his or her residence address, business address, or employment information for
the past 5 years, and conviction history information on a form provided by the
department with the appropriate nonrefundable examination fee.
R 338.924b Contractors proof
of ownershipRescinded.
Rule 4b. (1) To qualify
for licensure as a plumbing contractor, an applicant shall provide the address
of the principal place of business and proof that he or she is an owner or
officer of the business.
(2) An applicant shall
furnish documentation as determined acceptable by the department to verify the
applicant’s current business structure. Documentation includes, but are not
limited to, the following:
(a) For an application for
a sole proprietor using an assumed name, a copy of the current filed
certificate of persons conducting business under an assumed name issued by the county
clerk or a notarized letter stating the applicant is a sole proprietor with the
exact business name.
(b) For an application for
a partnership, a copy of the current filed certificate of limited partnership
issued by the department or a copy of the current filed certificate of general
partnership issued by the county clerk.
(c) For an application for
a limited liability company, a copy of the filed articles of organization,
certificate of assumed name, if applicable, and current notarized operating
agreement signed by each officer.
(d) For an application for
a corporation, a copy of the filed articles of incorporation, certificate of
assumed name, if applicable, and current certificate of good standing.
(e) For a foreign company,
a copy of the registration to transact business in this state.
(3) An applicant shall
provide any other documentation requested by the department to determine the
applicant’s business structure and current authorization to do business in this
state.
R 338.925 Investigation of
applicantsRescinded.
Rule 5. (1) The character,
experience, and fitness of the applicants shall also be taken into
consideration. The board and department may investigate any applicant, or
application filed, and approve or disapprove the same.
(2) Upon the acceptance, or
rejection, of an application the department shall immediately notify the
applicant at the address given in the application. If an application is
rejected, the examination fee shall not be refunded.
R 338.926 Code update
courses; instructors’ standardsRescinded.
Rule 6. (1) The board
shall approve the instructor-provided code update course that is in compliance
with the requirements of the act and these rules.
(2) The course for master
and journey licensees shall be of sufficient contact hours to address the
design items established by the board in consideration of the number of code
item changes or updates.
(3) A certificate of
completion shall be issued by a course provider to a person who has successfully
completed the code update class by required attendance. The certificate shall
contain all of the following information:
(a) A course approval
number granted by the department.
(b) The name and address of
the person, school, organization, or company who sponsors or administers the
course.
(c) The date the
certificate was issued.
(d) The student’s name and
address.
(e) The instructor’s
signature certifying that the applicant completed the course as described in subrule
(2) of this rule.
R 338.927 Submission process
and approval of code update course and instructorRescinded.
Rule 7. (1) A provider of a
code update course shall apply for approval by submitting information on an
application provided by the department.
(2) An application shall
contain all of the following information:
(a) The name and address of
the applicant.
(b) The name of the
instructor and his or her license number where applicable.
(c) A copy of the items
established by the board from the department’s program outline.
(3) Approval of the course
shall be provided by the department through its licensing software system.
(4) The department may
withdraw the approval of a course if the approval was issued in error, if the
approval was issued on the basis of incorrect information, or if the course is
found to be in violation of these rules. Notice of withdrawal of approval
shall be in writing and shall state the reason for the withdrawal of approval.
An appeal of the withdrawal shall be processed pursuant to the provision of the
administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328.
R 338.928 Notice of
examinationRescinded.
Rule 8. Notice of the date,
time, and place of examination shall be provided by the department. This
notice shall instruct the applicant as to the tools and materials which the
applicant is required to furnish. It shall also include an admission notice
which shall be presented to the examiners, by the applicant, at the time and
place of the scheduled examination designated in the admission notice. The
applicant shall present current picture identification, such as a driver’s
license, to the examiners at the time of the examination.
R 338.929 Failure to appear
for examinationRescinded.
Rule 9. If an applicant
fails to appear for the examination designated in the admission notice and
fails to make a satisfactory explanation for his or her absence to the
department within 10 calendar days following the scheduled examination, his or
her application shall be cancelled and the examination fee forfeited.
R 338.930 Scope of
examinationRescinded.
Rule 10. (1) The
examinations of all applicants for licenses shall be conducted by the
department and state plumbing board.
(2) The examination of an
applicant for the plumbing contractor license shall consist of oral and written
tests, but not be limited to questions designed to test an individual’s
knowledge of the state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569, the
Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1501 to 125.1531, and the administration and enforcement requirements of
the Michigan plumbing code.
(3) The examination of an
applicant for the master plumber’s license shall consist of oral, written, and
practical tests, as well as the interpretation of charts, material takeoffs,
and blueprints. The written test shall cover the general theory and practice
of plumbing, knowledge of the Michigan plumbing code, knowledge of the state’s
laws governing plumbers and plumbing, and other matters pertaining to the best
interests of the general public through the practice of plumbing. The
practical test shall cover an applicant’s ability to perform the mechanical
work connected with the plumbing trade as the board considers necessary.
(4) The examination of an
applicant for the journey plumber’s license shall consist of oral, written, and
practical tests. The written test shall cover the general theory and practice
of plumbing, knowledge of the Michigan plumbing code, state’s laws governing
plumbers and plumbing, and other matters pertaining to the best interests of
the general public through the practice of plumbing. The practical test shall
cover an applicant’s ability to perform the mechanical work connected with the
plumbing trade as the board considers necessary, such as the interpretation of
charts and piping projects.
(5) To qualify for a
license, an applicant shall be required to receive a minimum grade of 70% in
each part of the examination. Failure to achieve a minimum grade of 70% on each
part of the examination shall result in an applicant having to retake the
entire examination.
R 338.931 ReexaminationRescinded.
Rule 11. If an applicant
for a contractor, master, or journey plumber’s license does not receive a
passing grade, his or her application shall be cancelled and fees forfeited.
An applicant who fails to pass his or her examination for a license as a
plumbing contractor, master plumber, or journey plumber may apply for reexamination.
R 338.931a License expirationRescinded.
Rule 11a. A journey plumber
license, apprentice registration, and plumbing affidavit shall expire on April
30 each year. A plumbing contractor license and a master plumber license shall
expire on a 3-year-cycle on April 30.
R 338.931b Complaint timelineRescinded.
Rule 11b. (1) A complaint filed under the state plumbing act must be received
by the department within 18 months of the date the plumbing work was performed
or contracted to be performed.
(2) A complaint shall be submitted in writing on a form specified by the
department.
(3) The department may
dismiss a complaint on its own motion if it determines that the complaint has
been resolved, settled, is without merit, or that there is insufficient
evidence of a violation of the act.
R 338.932 RescissionRescinded.
Rule 12. The rules entitled "Rules Governing Examinations--Competency of
Plumbers," appearing on pages 498 and 499 of the 1944 Michigan
Administrative Code, are rescinded.