9 CORRECTION OF OBVIOUS ERRORS IN PUBLICATION

 

 

MEMORANDUM

 

DATE:             August 3, 2009

 

TO:                  Norene Lind Regulatory Affairs Manager

State of Office Administrative Hearings and Rules

 

FROM:            Ronald Farr State Fire Marshal

DELEG, Bureau of Fire Services

 

SUBJECT:                  Request for correction of Health Care Facilities Fire Safety Rules Sections 29.1821(1), 29.1822, 29.1823(1) and 29.1824(2)

 

RULE:             2008-013 LG Health Care Fire Facilities Safety Rules

 

The State of Michigan Bureau of Fire Services as a promulgating Agency is writing to request that the Office of Administrative Hearings and Rules exercise it discretion to correct obvious errors. The errors occur in 4 separate places and involve an incorrect chapter reference to the Life Safety Code that is adopted by reference in 29.1802. The incorrect references refer to requirements for New and Existing Detention and Correctional Occupancies under Chapters 22 and 23 rather than Ambulatory Health Care Occupancies under Chapters 20 and 21. This error occurred due to a re-numbering of the Life Safety Code chapters from the current safety rules that reference the 1997 edition to the 2006 edition referenced in the rules and was overlooked in the rule promulgation process. The rules were filed with the Michigan Secretary of State on May 29, 2009 and became effective on July 28, 2009.

 

The rules should read as follows:

 

R 29.1821 Life safety code; existing type I freestanding surgical outpatient facilities; adoption by reference.

Rule 21. The provisions of chapters 1 to 10, 2321, 39, and 43 of the code that apply to existing business occupancies are adopted by reference, and are available for review as specified in R 29.1802, and apply to type I freestanding surgical outpatient facilities.

 

R 29.1822  Life safety code; existing type II freestanding surgical outpatient facilities; adoption by reference.

Rule 22. The provisions of chapters 1 to 10, 21, 23, 39, and 43 of the code that apply to existing ambulatory health care centers and existing business occupancies are adopted by reference in R 29.1802 and apply to existing type II freestanding surgical outpatient facilities.

 

R 29.1823 Life safety code; new type I freestanding surgical outpatient facilities; adoption by reference; amendments.

Rule 23. (1) The provisions of chapters 1 to 10, 22 20, and 38 of the code that apply to new business occupancies apply to new type I freestanding surgical outpatient facilities and, except for the amendments to the provisions specified in these rules, are adopted by reference in R 29.1802.

 

 

 

R 29.1824 Life safety code; new type II freestanding surgical outpatient facilities; adoption by reference.

Rule 24. (1) The provisions of chapters 1 to 10, 20, 22, 38, and 43 of the code that apply to new ambulatory health care centers and new business occupancies apply to new type II freestanding surgical outpatient facilities and, except for the amendments to the provisions specified in these rules, are adopted by reference in R 29.1801 of these rules.

 

Thank you for your attention to this matter.

 

 

 

C.   Jeannine Benedict, Regulatory Affairs Officer, DELEG

 

 

August 3, 2009

 

Mr. Ronald Farr, State Fire Marshal

Michigan Department of Energy, Labor, & Economic Growth Bureau of Fire Services

PO Box 30700

Lansing, MI 48909

 

RE: Request for correction under MCL 24.256(1) Dear Mr. Farr:

The State Office of Administrative Hearings and Rules hereby approves your request of August 3, 2009 to amend the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act. The rules should read as follows:

 

R 29.1821 Life safety code; existing type I freestanding surgical outpatient facilities; adoption by reference.

Rule 21. The provisions of chapters 1 to 10, 21, 39, and 43 of the code that apply to existing business occupancies are adopted by reference, and are available for review as specified in R 29.1802, and apply to type I freestanding surgical outpatient facilities.

 

R 29.1822  Life safety code; existing type II freestanding surgical outpatient facilities; adoption by reference.

Rule 22. The provisions of chapters 1 to 10, 21, 39, and 43 of the code that apply to existing ambulatory health care centers and existing business occupancies are adopted by reference in R 29.1802 and apply to existing type II freestanding surgical outpatient facilities.

 

R 29.1823 Life safety code; new type I freestanding surgical outpatient facilities; adoption by reference; amendments.

Rule 23. (1) The provisions of chapters 1 to 10, 20, and 38 of the code that apply to new business occupancies apply to new type I freestanding surgical outpatient facilities and, except for the amendments to the provisions specified in these rules, are adopted by reference in R 29.1802.

 

R 29.1824 Life safety code; new type II freestanding surgical outpatient facilities; adoption by reference.

Rule 24. (1) The provisions of chapters 1 to 10, 20, 38, and 43 of the code that apply to new ambulatory health care centers and new business occupancies apply to new type II freestanding surgical outpatient facilities and, except for the amendments to the provisions specified in these rules, are adopted by reference in R 29.1801 of these rules.

 

If you have any questions, please do not hesitate to contact our office. Sincerely,

Norene K. Lind Administrative Rules Manager