Board of Mechanical Rules

May 18, 2016

BOARD OF MECHANICAL RULES

Ottawa Bldg, Conference Room #2, Upper Level

611 W. Ottawa St

Lansing, MI 48933

MINUTES

May 18, 2016

9:00 a.m.

MEMBERS PRESENTMEMBERS ABSENT

Mr. Kevin CardenMr. Christopher Fuller

Mr. Robert FosburgMr. Richard Dvorak

Mr. Bruce SeilerMr. Matthew Marsiglio

Ms. Catherine Gay

Mr. Craig Howson

Mr. Robert Logan

Mr. Brian Williams

Mr. Kenneth Misiewicz

Mr. Mark Riley

Mr. Gerald Philo

Mr. Christopher Freeman

Mr. Daniel Grafmiller

DEPARTMENT PERSONNEL ATTENDING

Mr. Kevin Kalakay, Chief, Mechanical Division

Mr. Jon Paradine, Assistant Chief, Mechanical Division

Ms. Dawn Canfield, Secretary, Mechanical Division

Ms. Barb Kunkel, Deputy Director, Bureau of Construction Codes

Ms. Dianne Barmes, Manager, Licensing Complaints Division, Bureau of Construction Codes

Ms. LeeAnn Allaire, Manager, Administrative Services Division, Bureau of Construction Codes

Ms. Kim Felice, Departmental Technician, I.T. Business Division, Bureau of Construction Codes

OTHERS IN ATTENDANCE

Mr. Brindley Byrd, MIACCA

Mr. Dave Flint, University of Michigan

Ms. Cindy Maher, MPMCA

Mr. Irvin Poke

OTHERS IN ATTENDANCE (Cont.)

Mr. Phil Forner

  1. CALL TO ORDER AND DETERMINATION OF QUORUM

Chairman Misiewicz called the meeting to order at9:00 a.m. A quorum was determined as 12 members were present.

2.ELECTION OF VICE CHAIRMAN AND SECRETARY

A MOTION was madeby Board ChairmanMisiewicz to continue with the currently elected Vice Chairman and Secretary. After discussion with the Board, the motion to continue on with Board Member Fosburg as Vice Chairman and Board Member Riley as Secretary was approved by all. MOTION CARRIED.

3.APPROVAL OF AGENDA

A MOTION was made by Board Member Howsonand SECONDED BYBoard MemberCarden to approve the agenda. MOTION CARRIED.

4. APPROVAL OF MINUTES

A MOTION was made by Board Member Logan and SECONDED BYBoard Member Grafmiller to approve the amended minutes of the February 18, 2015 meeting. MOTION CARRIED.

5.NEW BUSINESS

  1. Board of Mechanical Rules Duties and Responsibilities

Deputy Director, Barb Kunkel discussed the duties and responsibilities of the Board of Mechanical Rules. After discussion, Deputy Director Kunkel indicated that if a member of the Board of Mechanical Rules has questions/concerns they may request a stakeholders meeting. Chairman Misiewicz indicated that at the January 6, 2016 Construction Code Commission meeting,they formally discussed Executive Order 1996-2. He indicated that he has since put forth questions to the Attorney General’s Office and has not yet received answers specific to the advisory role. As such, he formally requested a stakeholders meeting.

  1. License Examination Procedure Rules

Deputy Director Kunkel spoke in reference to the licensing examination procedure rules. She indicated that it had been determined that Bureau and the Department exceeded their rulemaking authority in promulgating Rules 903, 908 and 911. A request for rulemaking has been submitted to the Office of Regulatory Reinvention to rescind those rules. It will be a complete rulemaking process including a public hearing to allow for public comments. As the Bureau exceeded their authority, a committee will not be established but we will accept comments, questions and basic dialogue from the Board but we will have a public hearing and the process has been started. A public hearing has not yet been scheduled.

  1. Additional New Business
  1. Board Member Riley asked where on the Bureau of Construction Codes website he could find the letter titled “Conflict Resolved”. Kim Felice spoke up and indicated that the file has been merged into a new file. It was determined that it is now titled “2015 Michigan Residential Code Errors and Conflicts” document.
  2. Chairman Misiewicz presented the Board of Mechanical Rules with MIACCA packet of House Bills, which includes HB5437, HB5436 and HB5435 for review.
  3. Chairman Misiewicz presented the Board of Mechanical Rules with Initial Concerns regarding the Skilled Trades Regulation Act – Draft information sheet. The Chairman spoke in regard to making contact with Senator Ken Horn’s office regarding questions he had regarding the Skilled Trades Regulation Act. He indicated that it was his understanding that the Trade Act was put forward on the Floor today. The question was presented to Deputy Director Kunkel as to the status. She indicated that it was being read in today. She indicated that if you are not getting a response from Senator Horn’s office, you can contact our Office of Policy and Legislative Affairs. She provided the contact information to the Board.

6.LICENSING ACTION

a. Thomas Steel M-14-0581

The Board of Mechanical Rules reviewed a recommendation by Administrative Law Judge Friedlis dated July 9, 2015. After a short discussion, A MOTION was made by Board Member Logan and SECONDED BYBoard Member Howson to revoke the license of Mr. Steel. MOTION CARRIED.

7.CHIEFS REPORT

Chief Kalakay provided information on the following issues:

  1. Irvin Poke retired as Director of BCC on April 27, 2016 after 20+ years of service.
  2. Keith Lambert has been named as Acting Director of BCC.
  3. PSI update – Mechanical examinations will be the last Division to go to PSI due to issues with our statute. Plumbing is currently working toward converting.
  4. Accela update – Plan Review is currently using e-plan.
  5. There have been two new divisions established as part of the reorganization. Dianne Barmes has been named as the Manager of the Complaint and Licensing Division. LeeAnn Allaire has been named the Manager of the Office of Administrative Services.
  6. The public hearings are complete for the Michigan Mechanical Code update. The 2015 edition should be effective this fall.
  7. Mechanical contractor renewals will be mailed out the first week of June.
  8. Brian Williams has been named as the Fire Marshal Designee on the Board of Mechanical Rules.

8.PUBLIC COMMENT

Brindley Bird, Michigan Air-Conditioning Contractors Association introduced himself to the Board of Mechanical Rules. He gave an update in regard to the handouts he distributed regarding House Bills. He indicated that MIACCA members & Board of Directors will continue to fight for solutions to the issues as a result of the House Bills.

9.NEXT MEETING

The next Board meeting is scheduled for August 17, 2016.

10.ADJOURNMENT

A MOTIONwas made by Board Member LoganandSECONDED BY Board MemberRileyto adjourn the meeting at9:28 a.m. Standard Eastern Time. MOTION CARRIED.