3 (3) The department may attach any condition or restriction to an initial license, under subrule (1) of this rule, when determined necessary for compliance with the public health code for class IV establishments or the fire protection code for ...
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(3) The latest annual inspection undertaken by the department pursuant to part 10 of these rules may besubstituted for the pre-licensing inspection required by subrule (2) of this rule.R 325.17305
Issuance orRenewal of license; denial or revocationprocedures; conditions or restrictions.(2)Procedures for denial or revocation of a license shall be in accordance with, and subject to, part 10 ofthese rules.(3)(2) The department may attach any condition or restriction to a renewal license, issued or renewed pursuant to subrule (1) of this rulewhich it deemswhen determined necessary for compliance with the public health code for class IV establishments or the fire prevention code for class I, II or III establishments.the protection of the publicR 325.17306 Suspension and revocation of license.
Rule 306. (1) If the department determines that a class IV dry cleaning establishment is not being operated in accordance with the requirements of the public health code and these rules or that a class I, II or III dry cleaning establishment is not being operated in accordance with the requirements of the fire prevention code and these rules,
or other applicable state laws,then the department shall notify the licensee and shall provide an opportunity for the licensee to take corrective action. If thelicensee does not effect the corrections within the
atime prescribed by the department, the department may suspend,orrevoke, or deny the license of the establishment. Procedures for the suspension or revocation of a license shall be in accordance with, and subject to, part 10 of these rules.(2) If a license is suspended,
orrevoked, or denied by the department, then the owner or operator of the dry cleaning establishment shall cease all dry cleaning operations until the expiration of the period of suspension or reinstatement of the license, whichever is applicable.(3) This rule does not apply to emergency procedures as prescribed by subsection (3) of section 13321 of the public health code.
R 325.17307 Removal of suspension and reinstatement of license.
Rule 307. A person whose license has been suspended by the department may, at any time, request the department to inspect the dry cleaning establishment for the purpose of reinstatement of the license. Based upon its inspection, if the department determines that the owner or operator of the establishment has taken steps to correct the violations or conditions prompting the suspension of the license and determines that
thea class IV establishment will be operated in compliance with the public health code and these rules, or that a class I, II or III establishment will be operated in compliance with the fire prevention code, these rules, and other applicable state laws, then the department shall reinstate the license. An owner or operator whose license has been suspended may apply for a new license in the same manner as an initial applicant.R 325.17308 Transfer of ownership or operation; application for license after construction, installation, or modification of establishment.
Rule 308. (1) Before the transfer of ownership or operation of a dry cleaning establishment, the proposed licensee shall notify the department
thereofin writing,shall makesubmit a completed application for a new license accompanied with the appropriate fee, andshallarrange for the department to conduct an inspection of the dry cleaning establishmentto meet with the department. The department shall conduct an inspection of the dry cleaning establishment and shall notify theexisting or prospectiveowner or operator in writing of its findings, and the prospective licensee shall be apprised of any deficiencies which shall be corrected as a condition of issuance of a license. The prospective licensee shall not operate the dry cleaning establishment until a final license approval is issued by the department.(2) If a license application is submitted to the department for operation after construction, installation, or modification of a dry cleaning system, then the application shall be accompanied by evidence of compliance with part 2 of these rules.
(3) A license is not transferable upon change of ownership.
R 325.17309 Rescinded.
Compliance with state law.Rule 309. Receipt of a license pursuant to the code and these rules does not relieve an owner or operatorof a class I, II, III, OR IV dry cleaning establishment from compliance with other applicable state andlocal laws, including Act No. 245 of the Public Acts of 1929, as amended, Act No. 348 of the PublicActs of 1965, as amended, Act No. 641 of the Public Acts of 1978, as amended, Act No. 136 of thePublic Acts of 1969, Act No. 154 of the Public Acts of 1974, as amended, and Act No. 64 of the PublicActs of 1979, being §§323.1 et seq., 336.11 et seq., 299.401 et seq., 323.271 et seq., 408.1001 et seq.,and 299.501 et seq. of the Michigan Compiled Laws.PART 4. DRY CLEANING MACHINE REQUIREMENTS
R 325.17401 Dry cleaning machine exhaust systems
generally.Rule 401.
(31) A dry cleaning machine which usesperchloroethylenea solvent andwhichis designed to be installed and operated without a loading door exhaust system as specified in subrule(12) of this rule shall be approved forlicensingoperation only if the machine isfullyconstructedenclosedand operated in a manner to limit the peak work area concentration ofperchloroethylenethe solvent vapors.measured over a 15-minute period, to 100 parts per million parts of air. and, if the machine is in a coin-operated establishment, to also limit the peak user area concentration of perchloroethylene vapor,measured over a 15-minute period, to 20 ppm.(1)(2) Except as provided in subrule (1)(2) or (3)of this rule, dry cleaning machines and recovery units or dryers shall be equipped with an exhaust system capable of providing an indraft velocity across the entire loading door opening which averages 100 feet per minute. The exhaust from the blower shall be tightly piped to a point not less than 5 feet above the roof of the building, any adjacent parapetwallswall, or adjacentbuildingsbuilding, whichever is applicable, and a minimum of2025 feet away from any return air opening. The stack shall be soldered or taped to prevent vapors from entering the work area and shall be equipped with a vertical discharge cap. Exhaust ducts from dry cleaning machines and recovery units or dryers shall be sized and joined in a manner to maintain the required air flow from each unit.(2)A dry cleaning machine which uses fluorocarbon solvent 113 (FI13) and which is designed to beinstalled and operated without a loading door exhaust system as specified in subrule (1) of this rule maybe approved for licensing only if the machine is fully enclosed and operated in a manner to limit thepeak work area concentration of F113 vapor, measured over a 15-minute period, to 1000 parts permillion (ppm) parts of air and, if the machine is in a coin-operated establishment, to also limit the peakuser area concentration of F113 vapor, measured over a 15-minute period, to 200 ppm.(4)A dry cleaning machine designed to be installed and operated under the provisions of subrule (2) or(3) of this rule which does not comply with the specified air contaminant limits shall not be licensed if itis a new machine, or shall not be further operated if previously licensed, until the machine is modified tocomply with the code and these rules. If reliable operational compliance with subrule (2) or (3) of thisrule cannot be achieved, the machine shall be modified to meet the requirements of subrule (2) of thisrule.(5)A dry cleaning machine meeting the requirements of subrule (2) or (3) of this rule shall also meet allother requirements of these rules.R 325.17402
PreventPrevention of liquid solvent and solvent vapor loss; piping of recovered dry cleaning solvent.Rule 402. (1) A dry cleaning system
machines, related components, and pipingshall be designed, installed, operated, and maintained in a manner to prevent the loss of liquid solvent or solvent vapor.(2) Recovered dry cleaning solvent from all types of recovery equipment shall be piped directly into an enclosed tank.
(3) Pipe joint compounds and dry cleaning machine gasketing shall be made of a material which resists penetration and deterioration by cleaning solvents or solvent vapors.
R 325.17403 Button and lint traps.
Rule 403. (1) Button or lint traps on dry cleaning machines shall be designed so as to prevent loss of solvent or solvent vapor
during normal wash and extract periods of the dry cleaning cycle.(2) A solvent bypass arrangement shall be provided for the button or lint trap if overflow might occur due to partial or total blocking of the trap.
(3) A button or lint trap cover shall be kept closed during normal operations of the dry cleaning machine.
R 325.17404 Electrical components.
Rule 404. The electrical wiring and electrical components associated with a class I, II, III, and IV dry cleaning machine shall be approved by a nationally- recognized electrical testing laboratory.
R 325.17405 Exterior venting of solvent filters, stills, water separators, and sludge cookers.
Rule 405. Solvent filters, solvent stills, solvent-water separators, sludge cookers, and any related relief vents that are not designed and operated to limit the peak work area concentration of solvent vapors
fully enclosedshall besuitablyvented to the exterior of the building.R 325.17406 Manuals for installation, operation, and maintenance.
Rule 406.
The department shall maintain an up-to-date file of detailed installation, operation, andmaintenance manuals for each model of commercial and coin-operated dry cleaning machine for whichan application to install is made.An applicant submittingdrawingsplans and specifications pursuant to part 2 of these rules shall provide the installation, operation, and maintenance manuals, upon request of the department, which indicate the use of new or revised models of dry cleaning machines. The manuals shall include all of the following:(a) A complete description of the dry cleaning machine cycle, solvent loss and exposure safeguards, and machine performance.
(b) The location and identification of all controls.
(c) Routine maintenance procedures.
R 325.17407 Rescinded.
Coin-operated machines; design requirements generally.Rule 407. Coin-operated dry cleaning machines shall meet or exceed the requirements prescribed by R325.17401 to R 325.17405, and satisfactory performances of each machine shall be demonstrated andverified to the satisfaction of the department by field tests.R 325.17408 Rescinded.
Coin-operated machines; solvent retention in clothes.Rule 408. The coin-operated dry cleaning machine design shall assure that essentially no dry cleaningsolvent is retained in the cleaned clothes upon completion of the dry cleaning cycle. A dry cleaningmachine shall be deemed to have met this requirement if a recently dry cleaned load of clothes does notcause the buildup of more than 50 ppm of perchloroethylene or 500 ppm of F113 in a closed automobile.A test for compliance with this subrule shall be conducted by the department on at least 1 unit of a newor revised model of a class IV dry cleaning machine installed in the state. As an alternative toconducting the test, the department may accept equivalent test information submitted by themanufacturer of the dry cleaning machine.R 325.17409 Rescinded.
Coin-operated machines; locks and safety controls.Rule 409. (1) Each coin-operated dry cleaning machine shall be equipped with a lock to positivelyprevent the loading door from being opened during any part of the dry cleaning cycle or, in the event ofa machine malfunction or power failure, to prevent the loading door from being opened by any userother than the owner, the operator, or a trained attendant. The locking mechanism may be eitherelectrically or mechanically connected to the dry cleaning machine.(2)The door lock shall be actuated by suitable safety controls to prevent the removal of solvent-ladenclothing from the dry cleaning machine. The safety controls shall sense malfunction of the solventextraction, drying, and deodorizing system resulting from any of the following:(a)Improper drum rotation speed.(b) Insufficient heat input.(c)Inadequate airflow or circulation.(d)Unsatisfactory solvent condensation or recovery.(3)In place of the safety control sensors required by subrule (2) of this rule, the door lock may beactuated by a device sensing excess solvent vapors.PART 5. BUILDING REQUIREMENTS
R 325.17501 Location of establishments; approval by department.
Rule 501. (1) The location and the type of building used for the dry cleaning establishment shall be approved by the department.
All commercial and coin-operated dry cleaning establishmentlocations shall be approved by the department prior to operation or installation of equipment.(2)
In the case of coin-operated dry cleaning establishments, the department shall not grant approval ofa location until a review is completed of a building floor plan showing the building outline, any joint oradjacent occupancies, and all equipment. The floor plan shall be prepared in accordance with the typicaldesign prints and diagrams prescribed by part 11 of these rules and shall accompany the licenseapplication required by part 3 of these rules.The department shall conduct an on-site evaluation of a new dry cleaning building location before the plans and specifications are submitted to the department for review and approval. The owner, operator, or designated agent shall be responsible for contacting the department to arrange an inspection to comply with this part.(3) The department shall not approve the location of a dry cleaning building or dry cleaning establishment if the building or establishment does not comply with the public health code for class IV installations or the fire prevention code for class I, II or III installations.
R 325.17502 Rescinded.
Approval of coin-operated establishment in building occupied in part as adwelling prohibited.Rule 502. The department shall not grant approval of plans for a coin-operated dry cleaningestablishment in a building which is occupied in part as a dwelling.R 325.17503 Approval of
commercialnew dry cleaning establishment in building occupied in part as dwelling prohibited; exception.Rule 503. The department shall not grant approval of plans for the installation of a
commercialnew dry cleaning establishment in a building which is occupied in part as a dwelling, except upon demonstration by the prospective owner and concurrence by the department that the dry cleaninginstallationestablishment is specifically located or constructed, or both, in a manner that will not create a potential hazard to the occupants of the building or to the public.R 325.17504 Building requirements generally.
Rule 504. (1)
Except as provided in subrule (2) of this rule,Buildings in which class I, II, III, and IVcommercial and coin-operateddry cleaningestablishmentssystems are installed shall be structures with concrete floors in good condition.(2) A dry cleaning establishment
class IV installationshall not beinstalledlocated in a basement or other location which is difficult to ventilate. An exception may be granted when, due to specialconstruction, location, or use, the installation will not create a potential hazard to the occupants or the public
create injury or hazard to health, as determined by the department.(3)
Dry cleaning establishment installations in buildings of other types may be approved by thedepartment upon application therefor. Approval by the department of installations in other types ofbuildings shall be contingent upon implementation by the owner or operator of the dry cleaningestablishment of adequate construction, design, and dry cleaning methods to protect the public health.The methods employed by the owner or operator shall include all of the following:(a)Proper Ventilation.(b)Appropriate confinement of dry cleaning solvent and its vapors within the dry cleaning service area.(c) Appropriate segregation of all building areas and equipment.(4)
Complete information about the building and its construction shall be included in the drawingsrequired by part 2 of these rules.R 325.17505 Compliance with building requirements of local governmental authorities.
Rule 505. All
commercial and coin-operatednew dry cleaning establishments shall comply with applicable requirements of local governmental authoritieswith regard to buildings and structures. The owner or operator of a dry cleaning establishment shall provide written evidence of this compliance on forms provided by the department. The written evidence shall accompany thedrawingsplans and specifications submitted to the department for approvalpursuant tounder part 2 of these rules.R 325.17506
CommercialDry cleaning establishments with adjacent occupancies inthesame or adjoining building;or in adjoining buildings;vapor sealrequiredrequirements.Rule 506. Any
commercialdry cleaning establishment with adjacent occupancies within the same building or in other adjoining buildings shall be provided with an effective vapor seal to prevent infiltration of dry cleaning solvent vapors into the adjacent occupancies or buildings. Porous walls, partitions, and roof-to-partition wall areas shall be effectively sealed in a manner approved by the department.R 325.1 7507 Rescinded.
Portable fire extinguisher required.Rule 507. A portable fire extinguisher with at least a 2A,10BC rating is required and shall be mountednear the dry cleaning machine in each class IV dry cleaning establishment.R 325.17508 Rescinded.
Organic vapor respirator required; selection.Rule 508. (1) An approved organic vapor respirator is required for each dry cleaning establishment. Therespirator shall be kept near the dry cleaning machine in a covered container, shall be properlyidentified, shall be in good repair, and shall be available for immediate use. Chemical cartridgerespirators shall be approved for light solvent concentrations only. The wearer shall replace thecartridge immediately upon noting odor.(2) An employer shall select a respirator from those approved for protection against organic vapors bythe United States department of health, education, and welfare, national institute for occupational safetyand health (NIOSH) 30 29 C.F.R. §§11.1 to 11.208 1910.134, as amended through December 30, 1977April 23, 1998. The provisions of 30 C.F.R. §§11.1 to 11.208, as amended through December 30, 1977,are incorporated in these rules by reference. The provisions may be inspected at the Lansing office ofthe department of public health and may be purchased from the Superintendent of Documents, U.S.Government Printing Office, Washington, D.C. 20402, or from the Michigan Department of PublicHealth, 3500 North Logan, P.O. Box 30035, Lansing, Michigan 48909, at a cost of $4.80. Approvedrespirators carry an approval code of TC2 3 C.R 325.17509 Boiler room construction and boiler location.
Rule 509. Boiler room construction and the location of a boiler in a dry cleaning establishment shall comply with all applicable requirements of state and local governmental authorities, including the bureau of safety and regulation of the Michigan department of
laborconsumer and industry services.R 325.17510 Combustion air openings.
Rule 510.
(1) Combustion air from the outdoors shall be provided for all combustion appliances in drycleaning establishments.(2)(1) Nonpowered combustion air openings for fuel-fired unit space heaters, steam boilers, and water heaters shall be sized at ½ square inch of net free area per 1,000 Btu per hour input and 1 square inch net free area per 1,000 Btu per hour input fordriersdryers.(3)(2)WhereIf powered combustion air supply equipment is used as an alternate to subrule(2)(1) of this rule for water heaters and boilers, then the powered combustion air supply equipment shall be selected to provide not less than 0.33 cubic feet per minute per 1,000 Btu per hour input and shall be electrically interlocked to the combustion controls of each unit.PART 7. INSTALLATION, OPERATION, AND VENTILATION
R 325.17701 Control of solvent and solvent vapors; exhaust ventilation generally.
Rule 701. (1) Dry cleaning systems in class I, II, III, and IV dry cleaning establishments shall be installed and maintained to prevent the unnecessary escape of dry cleaning solvents or solvent vapors into the
workroomdry cleaning machine room and public area atmospheres and so that the vapor concentrationdoesshall not exceed themaximumallowable concentration in these areasspecifiedforthesethose compounds as specified inby O.H. rule 2101R 325.51101 et seq.(2) General mechanical exhaust ventilation shall be provided in a dry cleaning machine room to effectively control the buildup of dry cleaning solvent vapors. The exhaust ventilation system shall be designed and installed to have a minimum capacity of 1 complete change of air in the dry cleaning machine room each 5 minutes in order to control emergency spills or leaks.
R 325.17702 Rescinded.
Commercial establishments; ventilation of dry cleaning machine rooms.Rule 702. (1) General mechanical exhaust ventilation shall be provided in a commercial dry cleaningmachine room to effectively control the buildup of dry cleaning solvent vapors. The exhaust ventilationsystem shall be designed and installed to have a minimum capacity of 1 complete change of air in thedry cleaning machine room each 5 minutes.R 325.17703 Rescinded.
Deviation from dry cleaning establishment ventilation requirements;certification of fan capacities.Rule 703. (1) If a proposed dry cleaning plant design specifies a ventilation system, location, or capacitywhich differs from the typical design prints and diagrams in part 11 of these rules or the ventilationrequirements specified in this part and which would adversely affect employee or public health, theventilation system design, including the location or capacity, or both, shall be revised as specified by thedepartment.(2) A ventilation fan used for general mechanical ventilation shall have the required capacity ratingagainst a ¼ -inch static pressure water gauge certified by the air moving and conditioning association oran equivalent rating acceptable to the director.R 325.17704 Rescinded.
Coin-operatedestablishments; dry cleaning machine exposure in thecustomer area; separation by partition.Rule 704. Only the front or user's side of a dry cleaning machine which is installed in a coin-operatedestablishment shall be exposed for attendant, customer, or public access. The working or maintenanceportion of the dry cleaning equipment shall be separated from the operator's area by a solid partitionR 325.17705
Coin-operatedDry cleaning equipment in public laundry establishments; ventilation of dry cleaning machine rooms area and flow of air from user operator area.Rule 705. (1) If dry cleaning machines are located in public laundry facilities, then there shall be an operator on the premises when the dry cleaning machine is in operation.
(1)(2)Coin-operatedDry cleaning equipment in class I, II, III, or IV establishments also having a public laundry, shallprovidehave general mechanical exhaust ventilation in the dry cleaning machineroom which is arrangedarea to create a continuous flow of air from theuser'soperator’s area to the outside of the buildingthrough the partition required by R 325.17704to prevent dry cleaning solvent vapor buildup.in the user or public area and to control vapors from minor solvent leakage in themachine maintenance area. The capacity of this ventilation system shall be as specified in table 1.(2)Dry cleaning machine ventilation rates required in table 1 shall apply to drum loads of 8 to 10pounds. Where the dry cleaning machine is designed and installed to handle dry cleaning loads of morethan 10 pounds per drum, the ventilation requirements shall be proportionately increased.(3)Table 1 reads as follows:TABLE 1Minimum ventilation requirementsCoin-operated dry cleaning machinesNo. of machinesMinimum flow rate permachine (CFM)Emergency flow rate permachine (CFM)1 to 35005004 to 84006009 to 1637562517 or more360640(4)(3) General exhaust ventilation required by this rule shall be provided on a continuous basis while the dry cleaning establishment is open for business or while the dry cleaning equipment is being operated or serviced.(5)For coin-operated dry cleaning equipment installed in coin-operated dry cleaning establishments, thegeneral exhaust ventilation fan wiring shall be such that the dry cleaning equipment cannot be operatedunless the fan system is in operation. Where interlocked wiring is used, a means shall be provided foroperating the fan equipment which would otherwise be nonoperational in the case of dry cleaningequipment breakdown or servicing.(6)Airflow from the user area into the maintenance area of a coin-operated dry cleaning establishmentshall be through grills in the front of the dry cleaning machine or through grills or openings in thepartition required by R 325.17704 AND R 325.17705. Grills or openings in the partition shall be sizedon the basis of 500 cubic feet per minute per square foot of net grill area and shall be placed as close aspossible to the dry cleaning machines. The use of a 30- by 6-inch grill located directly over or besideeach dry cleaning machine or drum is acceptable.(4) The airflow shall be in a direction from the operator’s area in front of the dry cleaning machine to the rear of the dry cleaning machine.
R 325.17706 Make-up air requirements generally.
Rule 706. (1) In addition to the exhaust ventilation systems required by these rules, a supply of make- up air which is equal to or greater than the total air being exhausted from the building shall be provided to all class I, II, III, and IV establishments.
(2) Regardless of the type of make-up air system selected, sufficient replacement air shall be provided to prevent a negative pressure condition within the building.
(3) Make-up air intakes shall be remotely located from the general exhaust location so as to provide maximum personnel protection from exposure to solvent vapors.
(4) The location of all make-up air systems and the flow direction of powered make-up air systems shall be approved by the department before installation.
R 325.17707 Rescinded.
Coin-operatedestablishments; make-up air in installations of 4 or fewermachines.Rule 707. For coin-operated dry cleaning establishment installations of 4 or fewer dry cleaningmachines, a permanent opening to the outdoors shall be provided to allow air to enter the public area ofthe building. The opening shall be sized in proportion to 1 square foot of net free area per 500 cubic feetper minute of general exhaust fan capacity.R 325.17708 Rescinded.
Coin-operated establishments; make-up air requirements in installations ofmore than 4 machines.Rule 708. (1) In all coin-operated dry cleaning establishments where more than 4 dry cleaning machinesare installed, a supply of tempered make-up air shall be provided which is equal to or greater than thetotal volume of air being exhausted by the ventilation equipment. The tempering capacity of the make-up air equipment shall be sufficient to provide a minimum of 60 degrees Fahrenheit temperature rise forthe quantity of air being supplied.(2) A make-up air system required by this rule shall be operated on a continuous basis while the coin-operated dry cleaning establishment is open for business or while the dry cleaning equipment is beingoperated or serviced.R 325.17709 Ventilation exhaust ducts and deodorizing vents; size; sealing; discharge height.
Rule 709. (1) Ventilation exhaust ducts and deodorizing vents in dry cleaning establishments shall be sized to maintain the required air flow. The joints of the ducts shall be effectively sealed, soldered, or taped. The ducts shall extend to a minimum height of 5 feet above the roofline and a minimum of
2025 feet from any air intakeunitsunit oropeningsopening and shall extend above any adjacent parapetwallswall or above adjacent buildings, whichever is higher. The ducts shall be equipped with a vertical discharge cap.(2) Where deodorizing vents
in a coin-operated dry cleaning establishmentare connected to a common duct, the main duct shall be sized to maintain rated airflow from all the dry cleaning machines and shall be extended as required by subrule (1) of this rule. Backdraft dampers in individual deodorizing stacks may be required by the department.(3) The exit location of ventilation ducts and deodorizing system vents shall be installed so as to prevent the entry of solvent-contaminated air into the make-up air supply or other air intakes or combustion air systems in the dry cleaning establishment.
R 325.17710 Rescinded.
Coin-operated establishments; emergency ventilation fans.Rule 710. (1) An emergency exhaust fan shall be installed to ventilate the maintenance area of a coin-operated dry cleaning establishment in the case of a serious dry cleaning solvent leakage or othercondition causing a solvent vapor exposure in excess of the maximum allowable concentration asspecified in O.H. rules 2101, 2102, and 2103.(2)The combined capacity of the general ventilation system required by R 325.17705 and theemergency ventilation fan shall be a minimum of 1000 cubic feet per minute for each dry cleaningmachine.(3)An emergency ventilation fan switch shall be installed near the service area access door of the drycleaning equipment room.R 325.17711 Rescinded.
Coin-operated dry cleaning establishments; prevention of solvent leakage.Rule 711. (1) A satisfactory means of preventing dry cleaning solvent leakage from the dry cleaningmachine enclosure in a coin-operated dry cleaning establishment shall be provided. The means ofpreventing dry cleaning solvent leakage shall include a method of diking completely around the drycleaning machine base and the service area. A masonry dike or recessed floor area is acceptable.(2)The frontal portion of the dike shall be sufficient to catch any dry cleaning solvent which might leakfrom the loading door or the front of the dry cleaning machine. The dike shall have a minimum heightof 2 inches.(3)The floor area within the dike shall be sloped to a gravity drain which connects directly to a properlysized and approved vessel for underground storage or spill containment. The vessel shall be constructedof glass-reinforced polyester resin, stainless steel, or an equivalently durable and impervious material.The storage vessel shall be vented with a minimum ½-inch inner dimensions pipe to the outsideatmosphere or into the vent stack of the dry cleaning equipment.R 325.17712 Rescinded.
Separation of combustion air intakes and solvent-contaminated air generally.Rule 712. To minimize the possibility of thermal decomposition of the dry cleaning solvent, theequipment layout or combustion air intakes, or both, in a dry cleaning establishment shall be designed,insofar as possible, to keep solvent-contaminated air out of the air intakes of all combustion equipment.R 325.17713 Portable fire extinguisher requirement.
Rule 713. Two portable fire extinguishers with at least a 2a,10bc rating are required and 1 shall be mounted near the dry cleaning machine in each dry cleaning establishment.
R 325.17714 Organic vapor respirator requirement; selection.
Rule 714. (1) An approved organic vapor respirator is required for each dry cleaning establishment. The respirator shall be kept near the dry cleaning machine in a sealed container, shall be properly identified, shall be in good repair, and shall be available for immediate use. Chemical specific cartridges for the respirators shall be approved and used according to the manufacturer's specifications only. The wearer shall replace the cartridge immediately upon noticing an odor.
(2) The respirator shall meet the requirements described in R 325.60051 et seq.
PART 9. INSPECTIONS OF DRY CLEANING ESTABLISHMENTS
R 325.17901 Evaluation of establishments generally.
Rule 901. In accordance with the provisions of sections 13304 and 13307 of the code, the department shall make surveys, on-site inspections, surveillance observations, or special purpose investigations for the purpose of evaluating the construction, operation, adequacy, or condition of dry cleaning establishments.
at a frequency which may be determined by the department.R 325.17902 On-site inspections and surveillance observations.
Rule 902. On-site inspections and surveillance observations of dry cleaning establishments may include, but are not limited to, a review of all of the following:
(a) Dry cleaning establishment physical facilities and equipment.
(b) The maintenance program for the dry cleaning plant.
(c) Storage of chemicals and materials used in the dry cleaning plant.
(d) The design and operation of the dry cleaning plant.
(e) A cross connection control program to prevent contaminants from entering a public water supply system due to a reversal of flow.
(f) Security measures provided to protect the public health and the operation of the dry cleaning plant.
R 325.17903 Access for inspections.
Rule 903. An authorized representative of the department, after proper identification,
shall be permittedtomay enter any dry cleaning establishment at any reasonable time for the purpose of making inspections and reviewing records of the establishment to determine compliance with the public health code for class IV installations or the fire prevention code for class I, II or III installations and these rules.The authorized representative shall be permitted to examine the records of theestablishment to obtain pertinent information relating to compliance with the code and these rules.R 325.17904
Report of inspectionsInspection reports.Rule 904.
When an inspection of a dry cleaning establishment is conducted by an authorizedrepresentative of the department, the findings thereof shall be recorded on a standard inspection reportform. The inspection report shall summarize findings relative to compliance with the requirements ofthe code and these rules. Inspection remarks shall be incorporated on or attached to the inspectionreport form and shall specify each observed violation, the public health significance of each violation,and any correction required.A copy of the inspection report shall be furnished to the owner or operator of the dry cleaning establishment.R 325.17905 Correction of violations.
Rule 905.
(1) The completed inspection report form shall specify a reasonable period of time forcorrection of any violations found. Correction of the violations shall be made by the owner or operatorof the dry cleaning establishment within the time specified.(2)If the violations identifiedonfrom the inspection report are not corrected as required within the specified time period, then thedirectordepartment may issue an order to cease or modify operations at the dry cleaning establishment or the department may initiate license suspension,orrevocation, or denial proceedings in accordance with parts 3 and 10 of these rules.R 325.17906 Emergency orders to cease dry cleaning operations.
Rule 906. (1) Upon a finding by the director of the department that an emergency, as defined in R 325.17102(h), exists,
which requires immediate action to protect occupational or public health andsafety, the director may issue a written order to the person in charge of the establishment to immediately cease or modify all dry cleaning operations or may take any other action permitted by law. Dry cleaning operations shall notbe resumedresume until written authorization is received from the director.(2)
WhenIf a dry cleaning establishment is ordered to cease or modify its dry cleaning operationspursuant tounder subrule (1) of this rule, then it shall not resume operations in violation of the order until the department determines, upon reinspection, that the conditions responsible for the order to cease operations no longer exist. An opportunity for reinspection shall be offered within a reasonable time or upon request of the owner or operator of the establishment.(3) A person who fails to comply with an order to cease or modify dry cleaning operations or who interferes with an authorized representative of the department in the proper conduct of his or her responsibilities shall be subject to
suspension orrevocation of his or her license or the remedies and penalties prescribed by the public health code or the fire prevention code, or both.PART 10. CONTESTED CASES
R 325.18001 Rescinded
Contested cases; applicable law; appearances; service of notices and orders.Rule 1001. (1) An applicant or licensee who is aggrieved by a decision of the department to deny,suspend, or revoke a license or who is aggrieved by an order of the department is entitled to anadministrative hearing pursuant to Act No. 306 of the Public Acts of 1969, as amended, being §24.201et seq. of the Michigan Compiled Laws, and these rules or, in the case of emergency orders, pursuant tosubsection (3) of section 13321 of the code and these rules.(2)Appearances at a hearing shall be either in person or by a duly authorized agent. Legal counsel mayrepresent a person at a hearing.(3)Service of notices, orders, and final orders shall be by personal services or by certified mail, or both,upon the parties named in the proceedings.R 325.18002 Opportunity to show compliance.
Rule 1002. Before commencing the proceedings for
a hearing pursuant to the code and this part fordenial, suspension, or revocation of a license, the department shall give notice to the applicant or licensee, personally or by mail, of the facts or conduct which warrant the intended action and shall provide the applicant or licensee with an opportunity to show compliance with the public health code for class IV installations, or the fire prevention code for class I, II, or III installations and these rules. If, after an opportunity to show compliance, the department determines that the applicant or licensee has failed to show compliance with the applicable code and these rules, then the department may issuea notice of hearing specifying its intentan order to deny, suspend, or revoke the license.which shall fix a date for a hearingAn applicant or licensee who is aggrieved by a decision of the department to deny, suspend, or revoke a license is entitled to an administrative hearing under 1969 PA 306, MCL 24.201 et seq.The hearing shall be conducted in accordance with this part and ActNo. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan Compiled Laws.This rule does not apply to emergency orders issued pursuant to subsection (3) of section 13321 of the public health code.R 325.18003 Rescinded.
Initiation of a hearing.Rule 1003. (1) The director or the chief of the bureau of environmental and occupational health of thedepartment shall initiate a hearing by notice mailed by certified mail not less than 21 days before thehearing.(2)A person requesting a contested case hearing shall file a written request with the department inLansing, Michigan.(3)A notice of hearing shall include all of the following:(a) The time, date, place, and nature of the hearing.(b)The action intended by the department, including a brief statement of the issues involved and theparticular reasons for the proposed action.(c)The legal authority and jurisdiction under which the hearing is to be held.(d) A reference to the applicable sections of the code and these rules.R 325.18004 Rescinded.
Hearing officer; record of proceedings; proposal for decision.Rule 1004. That portion of a hearing in which testimony and evidence is to be taken may be referred to ahearing officer who shall be designated and authorized by the director to preside at the hearing. Thehearing officer shall hear the evidence and shall prepare a record of the proceedings and a proposal fordecision, including findings of fact and conclusions of law. The record of the proceedings and proposalfor decision shall be filed at the office of the director as soon as possible after completion of the hearing.A copy of the proposal for decision shall be served by certified mail on all other parties to theproceedings.R 325.18005 Rescinded.
Department files and records; availability; evidence.Rule 1005. The files and records of the department specified in notices of determination and hearing,except those materials exempted by section 13 of Act No. 442 of the Public Acts of 1976, as amended,being §15.243 of the Michigan Compiled Laws, shall be available before or at hearings held by thedirector or by the hearing officer, and may be offered at a hearing as evidence on behalf of thedepartment.R 325.18006 Rescinded.
Stipulations and consent orders; final orders.Rule 1006. (1) A person who is cited to appear at a hearing noticed by the department and who desiresto dispose of the contested case by stipulation or consent order may mail to the director, not less than 10days before the date set for hearing, his or her written consent to the terms and conditions of theproposed order or other form of action as set forth in the notice of determination and hearing.Agreement between the parties on the terms and conditions of a stipulation or consent order shallconstitute sufficient cause for the director to dispose of the contested case without further hearing.(2) After the hearing officer has submitted a proposal for decision, the director shall issue a final orderon the matter. A certified copy of the final order shall be prepared and served by certified mail on thecontesting parties or their attorneys, together with the director's finding containing a resume of the factsand grounds for decision.PART 11. TYPICAL DESIGN PRINTS AND DIAGRAMS
R 325.18101 Rescinded.
Figure 1; typical coin-operated PUBLIC LAUNDRY dry cleaninginstallation.Rule 1101. Figure 1 reads as follows:FIGURE 1TYPICAL COIN-OPDRY CLEANING INSTALLATIONVENTILATION TABLE -- 8 or 10 UNITSGeneral Exhaust CapacityEmergency Exhaust Capacity1-3 Machines-500 cfm each1.3 Machines-500 cfm each4-8 Machines-400 cfm each4-8 Machines-600 cfm each9-16 Machines-375 cfm each9-16 Machines-625 cfm each17 or more-360 cfm each17 or more-640 cfm each1.Select fans with certified ratings to deliver exhaust volumes at static pressure resistance of systemsincluding ductwork, louvers, grills, and other fittings (minimum rating ¼-inch water gauge).2.Sum of emergency and general exhaust air volumes shall equal 100 cfm/machine (see-samplecalculation).3.Provision for replacement air equal to general exhaust capacity shall be provided. Tempered make-upair system mandatory for installations of more than four machines or for installations with dry cleaningequipment only.4.Dike arranged to confine and drain solvent to holding tank in case of emergency leak.5.Grill opening may be placed above, below, between, or in face of machine-Size for 500 fpm velocity.6. Electrically interconnect general exhaust fans to operate automatically whenever machines areavailable for public use.Sample Calculation--- eight machine installationGeneral exhaust capacity = 8 x 400 = 3200 cfmrequirementEmergency exhaust capacity = 8 x 600 = 4800 cfmrequirementTempered make-up air capacity = 3200 cfmBtu/hr input = 3200 x 1.08 x 60 F = 260,000 Btu/hr.87. Make-up air open or openings shall be provided sized at 1 sq. ft./500 cfm exhausted.8. Common floor drains in equipment area shall be raised or diked.R 325.18102 Rescinded.
Figure 2; typical dry cleaning machine ventilation.Rule 1102. Figure 2 reads as follows:FIGURE 2TYPICAL DRY CLEANINGPLANT VENTILATIONR 325.18103 Rescinded.
Figure 3; typical commercial dry cleaning plant installation.Rule 1103. Figure 3 reads as follows:FIGURE 3TYPICAL COMMERCIALDRY CLEANING PLANT INSTALLATION1.Select a general ventilation fan with a certified rating to deliver 5000 cfm at ¼-inch static pressureresistance of systems including louvers, ductwork, etc.(Fan may be roof or side wall installations.)2.Provision for replacement air equal to general exhaust capacity shall be provided. One square foot foreach 500 cfm of general exhaust fan capacity.3.All joints on discharge stacks from dry cleaning equipment shall be sealed or taped.4.Consideration shall be given to location of discharge stacks, replacement air, and combustion airopenings so as to prevent reentry of solvent vapors.5.Make-up air open or openings shall be provided sized at 1 sq. ft./500 cfm exhausted.6. Common floor drains in equipment area shall be raised or diked.R 325.18104 Rescinded.
Figure 4; typical commercial dry cleaning plant floor plan.Rule 1104. Figure 4 reads as follows:FIGURE 4TYPICAL COMMERCIALDRY CLEANING PLANT FLOOR PLAN