Michigan Compiled Laws Act 207 Of 1941 Fire Prevention Code (29.1 - 29.34)

AN ACT to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of buildings and premises in relation to safety, including fire safety; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration and enforcement of this act; to prescribe penalties; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal acts and parts of acts.

History: 1941, Act 207, Imd. Eff. June 16, 1941 ;-- Am. 1952, Act 113, Eff. Sept. 18, 1952 ;-- Am. 1961, Act 102, Eff. Sept. 8, 1961 ;-- Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978 ;-- Am. 1980, Act 247, Eff. Oct. 1, 1980 ;-- Am. 1984, Act 314, Imd. Eff. Dec. 21, 1984 ;-- Am. 2006, Act 187, Imd. Eff. June 19, 2006 ;-- Am. 2006, Act 337, Imd. Eff. Aug. 15, 2006

Section 29.1 Definitions.
As used in this act: (a) "Bureau" means the bureau of fire services created in section 1b. (b) "Director" means the director of the...
Section 29.1a Short Title.
This act shall be known and may be cited as the “fire prevention code”. History: Add. 1945, Act 86, Imd. Eff. Apr. 11, 1945...
Section 29.1b Bureau Of Fire Services; Creation; State Fire Marshal As Head Of Bureau; Membership; Powers And Duties; Financial Transactions And Records.
(1) The bureau of fire services is created in the department. (2) The governor shall appoint a state fire marshal to serve as the...
Section 29.1c Bureau Of Fire Services; Duties; Powers.
(1) The bureau shall do all of the following: (a) Serve as a focal point for matters relating to fire services in this state....
Section 29.1d State Fire Marshal; Duties.
The state fire marshal shall do all of the following: (a) Oversee and direct fire service programs in this state that are vested in...
Section 29.1e Uniforms, Equipment, And Other Articles; Prohibited Acts; Violation; Penalty; "Facsimile" Defined.
(1) The bureau shall provide the state fire marshal and any deputy state fire marshals with suitable uniforms, equipment, and other articles necessary to...
Section 29.2 Administration And Enforcement Of Act.
Except as otherwise provided in this act, the administration and enforcement of this act are the responsibility of the bureau. History: 1941, Act 207,...
Section 29.2a Rules; Promulgation; Ad Hoc Committees.
(1) Rules promulgated under this act shall be promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328....
Section 29.2b Delegation Of Authority To Enforce Fire Safety Rules; Certification Of Individuals; Rules; Ordinances; Fire Inspectors; Duration, Renewal, And Revocation Of Delegated Authority; Review Of Decisions.
(1) On request by resolution of a governing body of an organized fire department, the bureau may delegate to 1 or more individuals employed...
Section 29.2c Hospital Operation And Maintenance Inspection Fees; Plan Review And Construction Inspection Fees For Hospitals And Schools; Disposition; Establishment Of Fee Schedule.
(1) To implement and enforce this act, the bureau may charge hospitals operation and maintenance inspection fees and may charge hospitals and schools plan...
Section 29.3 Repealed. 1965, Act 200, Imd. Eff. July 16, 1965.
Compiler's Notes: The repealed section authorized commissioner of state police to promulgate rules, and provided for judicial review.
Section 29.3a Repealed. 1978, Act 3, Imd. Eff. Feb. 7, 1978.
Compiler's Notes: The repealed section pertained to adoption and promulgation of fire safety rules and standards.
Section 29.3b State Fire Safety Board; Creation; Appointment, Qualifications, Terms, And Removal Of Members; Quorum; Voting; Hearing; Chairperson; Regular And Special Meetings; Conducting Business At Public Meeting; Expenses; Appropriation; Minutes; Record; Availability Of Certain Writings To Public; Confidentiality; Reports, Analyses, Or Summaries.
(1) The state fire safety board is created in the bureau and shall consist of 17 members who are residents of this state. Of...
Section 29.3c Rules; Review And Consideration; Variation Of Application Of Rule; Board As Hearing Body; Modification Of Ruling Or Interpretation; Decision; Exemption.
(1) The bureau shall promulgate rules as provided under section 2a pertaining to fire safety requirements for the construction, operation, or maintenance of all...
Section 29.3d Repealed. 2006, Act 189, Imd. Eff. June 19, 2006.
Compiler's Notes: The repealed section pertained to rules relating to moving picture theaters.
Section 29.3e Rules Pertaining To Uniform Fire Safety Requirements.
(1) The bureau shall promulgate rules as provided under section 2a pertaining to uniform fire safety requirements for the operation and maintenance, but not...
Section 29.4 Fire Incident Report; Report Of Fire By Fire Insurance Company; Reporting Fires Where Arson Suspected; Request For Release Of Information Relative To Fire Loss; Notice And Information Where Incendiary Means Suspected; Liability For Furnishing Information; Confidentiality; Testimony In Civil Action Or Administrative Hearing; “insurance Company” Defined.
(1) The chief of each organized fire department, or the clerk of each city, village, or township that does not have an organized fire...
Section 29.5 Hazardous Materials Or Other Substances.
Hazardous materials or other substances, including alcohol, gunpowder, dynamite, crude petroleum or any of its products, fuel oils, pyroxylin, combustible finishes, and other commodities...
Section 29.5a Inspection Of Vehicle Transporting Hazardous Material; Violation; Notice Of Condemnation; Allowing Vehicle To Proceed To Make Deliveries; Return And Repair Of Vehicle; Impounding Vehicle; Temporary Release; Notice Of Correction Of Conditions; Reinspection; Release Upon Compliance And Payment Of Expenses; Notice; Conduct By Official.
(1) The motor carrier division of the department of state police, the chief of an organized fire department or police department, a peace officer,...
Section 29.5b Repealed. 1996, Act 152, Imd. Eff. Mar. 25, 1996.
Compiler's Notes: The repealed section pertained to certification of vehicle designed or used for transportation of hazardous material.
Section 29.5c Filling Or Storage Locations; Certificate; Approval Of Department Of Environmental Quality; Exception.
(1) A person shall not establish or maintain 1 or more of the following without obtaining a certificate from the department of environmental quality:...
Section 29.5d Issuance Of Certificates; Authorization To Conduct Inspections; Annual Fee; Revocation Of Authorization; Exemptions; Review Of Procedures; Installation Application; Fee Per Tank; Waiver; Payment And Amount Of Fees; Certain Local Ordinance Prohibited; Collection And Disposition Of Fees; Creation Of Hazardous Materials Storage Tank Regulatory Enforcement Fund.
(1) The certificates specified in section 5c shall be issued every 3 years by the department of environmental quality after the department of environmental...
Section 29.5e Finding Of Noncompliance; Revoking Or Denying Renewal Of Certificate; Order.
Upon a finding of noncompliance with this act, or rules promulgated pursuant to this act, the state fire marshal or the director of the...
Section 29.5f Repealed. 1996, Act 152, Imd. Eff. Mar. 25, 1996.
Compiler's Notes: The repealed section pertained to provisional certificates.
Section 29.5g Fire, Explosion, Spill, Leak, Accident, Or Related Occurrence; Notice Of Details.
Immediately following a fire, explosion, spill, leak, accident, or related occurrence that involves the transportation, storage, handling, sale, use, or processing of hazardous material...
Section 29.5h Bureau Of Fire Services; Duties Generally.
After notification is made pursuant to section 5g, the bureau shall do the following: (a) Determine, with the organized fire department of the area...
Section 29.5i Dry Cleaning Operation Using Flammable Liquid; Certificate Required; Amount And Adjustment Of Fee; Application Of Section; "Class IV Installation" Defined.
(1) A firm that is engaged in a dry cleaning operation that uses a flammable liquid shall not establish or maintain such an operation...
Section 29.5j Terminal At Which Tank Filled By Pipeline; High Level Alarm System; Testing; Plans And Specifications; Final Inspection; Fire And Emergency Plan.
(1) Each terminal at which a tank filled by pipeline is located shall comply with the following requirements: (a) Each terminal shall be equipped...
Section 29.5k Attended Terminal At Which Tank Filled By Pipeline; High Level Alarm System.
In addition to the requirements specified in section 5j, each attended terminal at which a tank filled by a pipeline is located shall comply...
Section 29.5l Unattended Terminal At Which Tank Filled By Pipeline; High Level Alarm System.
In addition to the requirements specified in section 5j, each unattended terminal at which a tank filled by pipeline is located shall comply with...
Section 29.5m Remote Control Terminal At Which Tank Filled By Pipeline; High Level Alarm System; Equipment; Sounding Of Audible Trouble Alarm.
In addition to the requirements specified in section 5j, each remote control terminal at which a tank filled by pipeline is located shall be...
Section 29.5n Delivery Of Flammable Liquid Into Above Ground Liquid Storage Tank By Pipeline At Remote Control Terminal; Conditions.
A firm shall not deliver a flammable liquid that has a flash point below 100 degrees Fahrenheit directly into an above ground liquid storage...
Section 29.5o Additional Safety Equipment And Procedures Required By Director Of Department Of Environmental Quality; Requesting Variation Of Requirements; Local Ordinances.
(1) The director of the department of environmental quality may, at the request of the organized fire department having jurisdiction over a terminal, require...
Section 29.5p Information Regarding Hazardous Chemicals In Workplace; Request; List; Material Safety Data Sheet; Description Of Quantity And Location Of Hazardous Chemical; Time Extension; Availability Of Information; Rules; Update Of Information; Limitation.
(1) A person who is an employer under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, shall provide...
Section 29.6 Investigation And Inquiry Into Cause Or Origin Of Fire; Entering And Inspecting Building Or Premises; Demonstration Fire Resulting In Death Or Injury; "Injury" Defined.
(1) The state fire marshal may investigate and inquire into the cause or origin of a fire occurring in this state that results in...
Section 29.7 Crime Or Other Offense Committed In Connection With Fire; Inquiry; Subpoenas; Oaths Or Affirmations; Perjury; Aid Of Circuit Court; Court Order; Contempt; Self-incrimination; Exception.
(1) If the state fire marshal has reason to believe that a crime or other offense has been committed in connection with a fire,...
Section 29.7a Conditions Dangerous To Persons Or Property; Restrictions And Requirements; Investigation Of Causes And Effects.
(1) If the state fire marshal or the commanding officer of the fire department of a city, village, township, or county, or a fire...
Section 29.7b Tents; Requirements For Resistance To Fire; Exceptions; Camping Tentage Of New Manufacture.
(1) The following items shall meet the appropriate requirements for resistance to fire prescribed in the standard methods of fire tests for flame-resistant textiles,...
Section 29.7c Liability Of Persons Providing Assistance Upon Request Of State Fire Marshal; Issuance Of Identification.
(1) A person who provides assistance upon request of the state fire marshal following an accident or during an emergency which accident or emergency...
Section 29.8 Fire Hazard; Inspection And Examination Of Building Or Premises; Findings, Report, And Recommendations.
The state fire marshal, or the chief of an organized fire department, regular or voluntary, or a fire fighter in uniform acting under the...
Section 29.9 Fire Hazard; Determination; Order; Compliance; Refusal To Obey Order; Service On Unknown Owner; Enforcement Of Ordinances Or Charter Provisions.
Upon the filing of the findings and report provided in section 8, the state fire marshal, from the findings and report or from an...
Section 29.10 Service Of Orders.
Service of an order of the state fire marshal under section 9, or of any other order made by the state fire marshal under...
Section 29.11 Substantial Compliance With Mcl 29.8 And 29.9.
A substantial compliance with the requirements of sections 8 and 9 shall be sufficient to give full force and effect to a order of...
Section 29.12 Orders Presumed Valid And Reasonable; Prima Facie Evidence.
Each order issued by the state fire marshal under section 9 shall be presumed to be valid and reasonable and shall be prima facie...
Section 29.13 Noncompliance With Order; Filing Petition In Circuit Court; Contents Of Petition; Order To Show Cause; Service Of Order; Hearing; Determination; Modifying, Changing, Or Affirming Order; Failure To Appear Or Make Return; Securing Specific Performance; Injunction Prohibited.
If at the expiration of the time specified in an order to repair a building, the owner has failed to signify in writing an...
Section 29.14 Notice Of Pendency Of Proceedings Under Order; Filing For Record; Constructive Notice; Order And Proceedings Not Affected By Subsequent Transfer.
The state fire marshal, upon the issuance of the order provided for in section 9, may make and file for record in the office...
Section 29.15 Other Persons As Parties Defendant; Service Of Order To Show Cause.
A mortgagee of record shall be, and any other lien holder, person in possession, other than the owner, and all other persons interested in...
Section 29.16 Noncompliance With Order Or Direction Of Court As Contempt; Citation; Execution Of Order And Directions; Cost And Expense Of Executing Order; Use Of Salvaged Materials; Disposition Of Surplus.
(1) The refusal or failure of a defendant to comply with an order or direction of the court issued under section 13, within the...
Section 29.17 Acquisition Of Title By State Not To Exempt Property From Act.
In case the title to any lands upon which a building constituting a fire hazard is situated should become vested in the state or...
Section 29.18 Service Of Order Or Process; Return Of Service.
An officer of the department may serve an order or process of court issued under the authority of this act, and the officer may...
Section 29.19 Fire Drills In Schools And School Dormitories; Unrestricted Emergency Egress; Compliance; Record; Minimum Drills; Weather Conditions; Tornado Safety Drills; Location Of Drills; Security Measures; Drills During Lunch Or Recess Periods; Documentation Of Completed School Safety Drill; Posting On Website; List Of Scheduled Drill Days; Limitation; Protective Apparatus Or Equipment; Development Of Model; Cardiac Emergency Response Plan; Definitions.
(1) The chief administrative officer and the teachers of all schools, including state supported schools, and the owner, or owner's representative, of all school...
Section 29.19a Fire Drill Procedures; Training Of Instructional Staff Of Postsecondary Educational Institution; Unrestricted Emergency Egress; Fire Drills; Record; Statement Certifying Compliance; Violation; Penalty; Report; Definitions.
(1) A postsecondary educational institution shall ensure that all instructional staff are trained in fire drill procedures before the beginning of each academic year....
Section 29.20, 29.21 Repealed. 1978, Act 3, Imd. Eff. Feb. 7, 1978.
Compiler's Notes: The repealed sections pertained to fire escapes, exits, and aisle clearances.
Section 29.21a Fire Extinguishers Or Fire Extinguishing Devices.
(1) Except as provided in subsection (2), a person shall not sell, give, offer for sale, install for use, or allow to remain installed...
Section 29.21b Fire Extinguishers; Liquefied Compressed Gas, Toxicity.
Notwithstanding section 21a, a liquefied compressed gas extinguishing agent that meets both of the following conditions of toxicity and use may be used in...
Section 29.21c Place Of Public Assemblage; Inspection; Certificate Required.
(1) The bureau or, upon written request of the governing body of a city, village, township, or county and the approval of the bureau,...
Section 29.21d Place Of Public Assemblage; Issuance; Display; Revocation Or Denial; Order To Cease Operation.
(1) The certificate required in section 21c(2) shall be issued annually by the bureau and shall be displayed in a conspicuous location in the...
Section 29.21e Repealed. 1980, Act 247, Eff. Oct. 1, 1980.
Compiler's Notes: The repealed section pertained to maximum capacity of place of public assemblage.
Section 29.22 Violations; Penalties.
(1) Except as otherwise provided for in this act, a person who violates this act, or who maintains a fire hazard in violation of...
Section 29.23 Fire Hazard As Nuisance; Abatement; Action; Procedure; Order Or Decree; Condition; Injunction; Jurisdiction; Cost And Expense Of Abatement; Continuance Of Hearing.
The existence of a fire hazard, of any nature, origin, or cause, is a nuisance and the nuisance may be abated, removed, corrected, and...
Section 29.24 Annual Report To Governor; Contents.
The state fire marshal shall include in the bureau's annual report to the governor as required by law, a detailed account of the bureau's...
Section 29.25 Repeal; Saving Clause.
Act No. 178 of the Public Acts of 1915, as amended, being sections 603 to 620, inclusive, of the Compiled Laws of 1929, is...
Section 29.26 Firm; Prohibited Acts; Certification Requirements; Subsections (1)(d) And (2) Inapplicable To Licensed Architect Or Professional Engineer.
(1) Except as provided in subsection (3), a firm located or operating in this state, unless certified under this section, shall not do any...
Section 29.27 Repealed. 2006, Act 189, Imd. Eff. June 19, 2006.
Compiler's Notes: The repealed section pertained to certification of firms installing fire alarm or fire suppression systems.
Section 29.28 Display Of Certificate; Maintenance And Inspection Of Records; Recertification; Fees.
(1) A firm certified under section 26 shall display the certificate issued by the bureau or a duplicate of that certificate at each location...
Section 29.29 Installation Or Modification Of Required Fire Alarm System Or Fire Suppression System; Plans And Specifications; Approval; Documentation; Fee; Form; Testing, Servicing, Inspection, Or Maintenance Of System; Drawing; Certification Of Firm.
(1) Except as provided in subsection (7), a firm shall not install or modify a fire alarm system or fire suppression system, before the...
Section 29.30 Discovery Of System Believed In Violation Of State Law; Report; Acknowledgment Of Notice.
(1) If a firm certified under section 26 discovers a fire alarm system or fire suppression system that the firm believes was installed, serviced,...
Section 29.31 Township, City, Village, Or County Ordinance Or Resolution; Rules; “inconsistent” Defined; Fee.
(1) A township, city, village, or county shall not adopt or enforce an ordinance or resolution that is inconsistent with this act or any...
Section 29.32 Suspension Of Certification; Hearing; Affirming, Reversing, Or Modifying Decision To Suspend Certification; Revocation Of Certification; Recertification; Accepting Plans And Specifications For Approval.
(1) The certification of a firm under section 26 may be suspended by the bureau pending a hearing by the board as specified in...
Section 29.33 Performance Of Certain Acts By Noncertified Firm; Principal Executive Officer Guilty Of Misdemeanor; Penalty.
The principal executive officer of a noncertified firm which tests, services, maintains, modifies, or documents the installation and modification of a required fire alarm...
Section 29.34 Repealed. 2006, Act 189, Imd. Eff. June 19, 2006.
Compiler's Notes: The repealed section pertained to certification of bulk transportation of flammable liquids, combustible liquids, or liquefied petroleum gas.

Last modified: October 10, 2016