DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF CONSTRUCTION CODES
BOARD OF MECHANICAL RULES
LICENSE EXAMINATION PROCEDURES
Filed with the secretary of state on
These rules become effective take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6)(9) 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 board of
mechanical rules by section 5 of 1984 PA 192 MCL 338.975, and Executive
Reorganization Order Nos. 2003-1, 2008-4 and 2011-4, MCL 445.2011, 445.2025 and
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 338.901, R 338.902, R 338.903, R 338.904, R 338.905, R 338.906, R 338.907, R 338.908, R 338.909, and R 338.911 of the Michigan Administrative Code are rescinded, as follows:
R 338.901 Definitions. Rescinded.
Rule 901. (1) The terms defined in the
Forbes mechanical contractors act, 1984 PA 192, MCL 338.971 to 338.988, have
the same meaning when used in these rules.
(2) “Act” means 1984 PA 192, MCL 338.971
to 338.988 and known as the Forbes mechanical contractors act when used in
these rules.
R 338.902 A pplications; form; fee;
grounds for denial of application and forfeiture of fee. Rescinded.
Rule 902. (1) An applicant for
examination shall submit, to the department, application on the form prepared
and furnished by the department.
(2) An application shall be accompanied
by the examination fee prescribed in the act.
(3) The department shall return an
incomplete application to the applicant for completion and the applicant must
resubmit the application to the department within 15 business days after the
date of the department’s request.
(4) Failure to comply with subrule (3)
of this rule is grounds for denial of the application and forfeiture of the
examination fee.
R 338.903 Examination qualifications. Rescinded.
Rule 903. (1) To qualify for
examination, the applicant shall furnish on the application a notarized statement
or statements from present or former employers to the effect that the applicant
has a minimum of 3 years of experience totaling at least 6,000 hours in
performance of 1 or more of the work classifications in the act. The notarized
statement shall show a detailed and specific description of the type of work
performed and the length of time work was performed.
(2) When evidence is produced that an
applicant is a graduate of a recognized trade school, credit shall be given the
applicant, but such credit shall not exceed 1 year or 2,000 hours of the
required 3 years of experience.
(3) If the applicant is unable to
comply with any of the requirements in subrules (1) and (2) of this rule, he or
she shall, upon written request, appear before a representative of the
department and a quorum of the board to present evidence as to his or her
eligibility for examination. The board shall then determine if the individual
may sit for the examination.
(4) An applicant shall be of good moral
character as defined in the occupational license for former offenders act, 1974
PA 381, MCL 338.41 to 338.47.
(5) The department may investigate any
applicant as to character and experience.
(6) The department may approve or deny
an application for examination based upon the requisites established by the act
and these rules.
(7) Upon the acceptance, or rejection,
of an application the department shall immediately notify the applicant. If an
application is rejected, the examination fee shall not be refunded.
R 338.904 Acceptance of applications. Rescinded.
Rule 904. An application shall not be
accepted, and an admission card shall not be issued, for a scheduled
examination unless the completed application has been accepted, approved, and placed
on file with the department for not less than 20 business days before the date
of the next scheduled examination.
R 338.905 Time of examinations. Rescinded.
Rule 905. The department shall conduct
an examination at least once each calendar quarter at a time and place
designated by the department.
R 338.906 Failure to appear for
examination. Rescinded.
Rule 906. The department shall not
reissue an admission card unless the applicant provides a written explanation
of his or her absence from the scheduled examination to the department within
10 business days following the scheduled examination. Unless the explanation
is accepted and approved by the department, the application shall be denied and
the examination fee shall be forfeited.
R 338.907 Examinations; notice;
identification. Rescinded.
Rule 907. (1) Notice of the time,
place, and date of the examination shall be provided by the department to those
applicants whose applications have been approved
(2) An applicant appearing for examination
shall present the admission card issued by the department and a current
government-issued photo identification.
R 338.908 Review and approval of form
and content of examination; scope of examinations; minimum grade for qualification
for license for work classification. Rescinded.
Rule 908. (1) The examination shall
consist of a written test on the law, which shall cover knowledge of the act
and the Stille-DeRossett-Hale single state construction code act, 1972 PA 230,
MCL 125.1501 to 125.1531, and for each work classification for which the
applicant qualifies based upon experience provided.
(2) An examination shall cover the
general theories and practices of the specific work classification, knowledge
of the code, and applicable laws.
(3) To qualify for a license for any
classification, an applicant must receive a minimum grade of 70% on the
examination for the law portion and for the work classification for which
licensure is being sought.
R 338.909 Notification of results of
examination. Rescinded.
Rule 909. An applicant shall be
notified of the results of an examination within 30 business days after
completing the examination. A license shall be issued pursuant to R 338.911
within 10 business days after receipt of the license application and fee.
R 338.911 Licenses; issuance. Rescinded.
Rule 911. The department shall issue a
license only after an applicant has successfully completed all requirements of
the act and these rules, including the receiving of the minimum passing grade
on the law portion and work classifications to be covered by the license
portion of the examination, and paid the license fee prescribed in the act.