Michigan State Fire Safety BoardContact:
Kim Osborn 517.335.5804Agency:
Licensing and Regulatory Affairs
The Michigan State Fire Safety Board was created by the Legislature through 1941 PA 207. The State Fire Safety Board has the mission of protecting life and property from fire, smoke, hazardous materials and fire related panic in specific types of public facilities in cooperation with the Bureau of Fire Services and other fire organizations within the state.
The State Fire Safety Board assists in development of fire safety rules covering the construction, operation and maintenance of schools, health care facilities, penal facilities; state owned and leased facilities; operation and maintenance for public assembly and other buildings; oversight of delegation of fire inspection responsibilities; and serving as an administrative hearing body on decisions made by the Bureau of Fire Services.
Dates, time, and locations are subject to change. Questions regarding board meetings should be directed to the State Fire Marshal's office Kim Osborn at 517-335-5804.
Appeal Request Procedures
Section 3c( 6) of 1941 PA 207 states:
"(6) A person may request a variation of the application of a rule promulgated pursuant to this act by applying to the State Fire Marshal. The State Fire Marshal may grant a variation upon a finding that the variation does not result in a hazard to life or property. The finding shall be transmitted to the person requesting the variation and shall be entered into the records of the department. If the variation requested concerns a building, the finding shall also be transmitted to the governing body of the city, village, or township in which the building is located."
Section 3c( 7) of 1941 PA 207 states:
"(7) The entire board, except as provided in section 3b( 4), shall act as a hearing body in accordance with Act No. 306 of the Public Acts of 1969, to review and render decisions on a contested case, a rule specified in this act, or a ruling of the State Sire Marshal in the Marshal's interpretation or application of the rules. After a hearing, the board may vary the application of a rule or may modify the ruling or interpretation of the State Fire Marshal if the enforcement of the ruling or interpretation would do manifest injustice and would be contrary to the spirit and purpose of the rules or the public interest."
A request for an appeal hearing shall be in writing and shall be mailed to the Bureau of Fire Services, Office of the State Fire Marshal, P.O. Box 30700, Lansing, Michigan, 48909.
The request for appeal shall include:
- A copy of the variation request sent to the Bureau of Fire Services.
- A copy of the Bureau of Fire Services letter of denial.
- A concise statement of the reason(s) the Bureau of Fire Services application or interpretation of the rule should be modified.
Appeals must be received in the bureau within 60 days of the denial date. Appeals will be scheduled in a timely manner. Recommendations regarding the appeal will then be presented to the Board in its entirety at the next scheduled board meeting. Exceptions to the time limitations may be made, on an individual basis, for unusual circumstances.
Upon receipt of a request for appeal, the Office of the State Fire Marshal shall examine the appeal and determine the following:
- Whether the board has jurisdiction.
- Whether the information provided meets the requirements as outlined above.
An appeal will not be scheduled until all necessary information is received.
When an appeal is determined as meeting the prerequisites and is accepted for hearing, the appellant shall be so notified by written communication, which shall also specify the date, time, and location of the scheduled hearing.
The appellant or a designated representative must be present at the hearing and will be given an opportunity to fully present the case; except that the board may exclude immaterial or repetitious evidence. A hearing may be conducted based on written documents presented by the appellant and/or Bureau of Fire Services, with no verbal testimony being taken, if this is agreed to by the board and the interested parties prior to the hearing.
If either party fails to appear for a scheduled appeal hearing, and if no adjournment has been granted, the board may proceed with the hearing and make its decision in the absence of the party.