Michigan Laws > Chapter 339 > Act 407 of 2016 > Article 9 – Boiler Inspectors, Installers, Repairers, and Operators and Stationary Engineers
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 339 > Act 407 of 2016 > Article 9 - Boiler Inspectors, Installers, Repairers, and Operators and Stationary Engineers
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliated business: means a business that is at least 50% owned and controlled, directly or indirectly, by an associated business. See Michigan Laws 207.803
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Antique steam boiler: means a boiler that is no longer used in production applications and is used to demonstrate the historical significance of steam boilers in American history. See Michigan Laws 339.5901
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Approved apprenticeship program: means a training program for boiler operators or stationary engineers that is certified by or meets the standards of the Office of Apprenticeship in the United States Department of Labor and is approved by the board. See Michigan Laws 339.5901
- Armed forces: means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other military force designated by Congress as a part of the Armed Forces of the United States, including the reserve components. See Michigan Laws 339.5103
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Associated auxiliaries: means equipment that is required in the operation of a boiler that includes, but is not limited to, pumps, regulators, feedwater heaters, superheaters, de-superheaters, economizers, air preheaters, draft fans, combustion and pollution control equipment, and prime movers. See Michigan Laws 339.5901
- Associated business: means a business that owns at least 50% of and controls, directly or indirectly, an authorized business. See Michigan Laws 207.803
- Authority: means the Michigan economic growth authority created under section 4. See Michigan Laws 207.803
- Authorized business: means 1 of the following:
(i) A single eligible business with a unique federal employer identification number that has met the requirements of section 8 and with which the authority has entered into a written agreement for a tax credit under section 9. See Michigan Laws 207.803Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Board: means the board of boiler rules described in section 905. See Michigan Laws 339.5901 Boiler: means a closed vessel in which water is heated, steam is generated, or steam is superheated, or a combination of those actions occurs, under pressure or vacuum by the application of heat from combustible fuels, electricity, or nuclear energy. See Michigan Laws 339.5901 Business: means proprietorship, joint venture, partnership, limited liability partnership, trust, business trust, syndicate, association, joint stock company, corporation, cooperative, limited liability company, or any other organization. See Michigan Laws 207.803 certificate: means a certificate issued pursuant to sections 4, 5, and 6. See Michigan Laws 207.772 Certificate inspection: means an inspection that is conducted for purposes of preparing a report described in section 945. See Michigan Laws 339.5901 Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.772 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Department: means the department of licensing and regulatory affairs. See Michigan Laws 339.5103 Developer: means a person who is the owner of a new facility at the time of construction or of a rehabilitated facility at the time of rehabilitation for which a neighborhood enterprise zone certificate is applied for or issued. See Michigan Laws 207.772 Director: means the director of the department of licensing and regulatory affairs or his or her authorized representative. See Michigan Laws 339.5103 Distressed business: means a business that meets all of the following as verified by the Michigan economic growth authority:
(i) Four years immediately preceding the application to the authority under this act, the business had 150 or more full-time jobs in this state. See Michigan Laws 207.803Eligible business: means a distressed business or business that proposes to maintain retained jobs after December 31, 1999 or to create qualified new jobs in this state after April 18, 1995 in manufacturing, mining, research and development, wholesale and trade, film and digital media production, or office operations or a business that is a qualified high-technology business or a business that is a tourism attraction facility or a qualified lodging facility. See Michigan Laws 207.803 experience: includes any relevant experience acquired while serving in the armed forces by an individual who was separated from that service if all of the following are met:
(a) The applicant provides to the department a form DD214, a form DD215, or any other form that is satisfactory to the department that demonstrates that he or she was separated from that service, with an honorable character of service or under honorable conditions (general) character of service. See Michigan Laws 339.5903External inspection: means an inspection that does not involve examination of the internal surfaces of the pressure parts of the boiler. See Michigan Laws 339.5901 Facility: means a homestead facility, a new facility, or a rehabilitated facility. See Michigan Laws 207.772 Facility: means a site or sites within this state in which an authorized business or subsidiary business maintains retained jobs or creates qualified new jobs. See Michigan Laws 207.803 Film and digital media production: means the development, preproduction, production, postproduction, and distribution of single media or multimedia entertainment content for distribution or exhibition to the general public in 2 or more states by any means and media in any digital media format, film, or video tape, including, but not limited to, a motion picture, a documentary, a television series, a television miniseries, a television special, interstitial television programming, long-form television, interactive television, music videos, interactive games, video games, internet programming, an internet video, a sound recording, a video, digital animation, or an interactive website. See Michigan Laws 207.803 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Full-time job: means a job performed by an individual for 35 hours or more each week and whose income and Social Security taxes are withheld by 1 or more of the following:
(i) An authorized business. See Michigan Laws 207.803General public: means each individual who resides in this state and is 18 years of age or older, other than an individual or the spouse of an individual who is licensed or registered in the occupation or who has a material financial interest in the occupation that is regulated by the specific article in which the term is used. See Michigan Laws 339.5105 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Heating surface: means the heating surface determined by the boiler manufacturer and recorded in the manufacturer's data report or by rules established by the board for a boiler if the manufacturer's data report is not available or the boiler is not stamped with its heating surface. See Michigan Laws 339.5901 High-technology activity: means 1 or more of the following:
(i) Advanced computing, which is any technology used in the design and development of any of the following:
(A) Computer hardware and software. See Michigan Laws 207.803Homestead facility: means 1 of the following:
(i) An existing structure, purchased by or transferred to an owner after December 31, 1996, that has as its primary purpose residential housing consisting of 1 or 2 units, 1 of which is occupied by an owner as his or her principal residence and that is located within a subdivision platted pursuant to state law before January 1, 1968 other than an existing structure for which a certificate will or has been issued after December 31, 2006 in a city with a population of 750,000 or more, is located within a subdivision platted pursuant to state law before January 1, 1968. See Michigan Laws 207.772in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. License: includes the whole or part of a governmental permit, certificate, approval, registration, charter, or similar form of permission required under a specific article of this act. See Michigan Laws 339.5105 Licensee: means a person that is issued a license under this act. See Michigan Laws 339.5105 Lien: A claim against real or personal property in satisfaction of a debt. Local governmental unit: means a city, village, or township. See Michigan Laws 207.772 Low pressure boiler: means a steam boiler operated at pressures that do not exceed 15 p. See Michigan Laws 339.5903 Multimodal commerce: means the movement of products or services via 2 of the following:
(i) Air. See Michigan Laws 207.803Municipality: means a city, village, or township. See Michigan Laws 339.5107 New capital investment: means 1 or more of the following:
(i) New construction. See Michigan Laws 207.803New construction: means property not in existence on the date the authorized business enters into a written agreement with the authority and not replacement construction. See Michigan Laws 207.803 New facility: means 1 or both of the following:
(i) A new structure or a portion of a new structure that has as its primary purpose residential housing consisting of 1 or 2 units, 1 of which is or will be occupied by an owner as his or her principal residence. See Michigan Laws 207.772new personal property: means personal property that is not subject to or that is exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.803 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Owner: means the record title holder of, or the vendee of the original land contract pertaining to, a new facility, a homestead facility, or a rehabilitated facility for which a neighborhood enterprise zone certificate is applied for or issued. See Michigan Laws 207.772 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, sole proprietorship, partnership, association, limited liability company, corporation, or common law trust or a combination of those legal entities. See Michigan Laws 339.5107 Personal property: All property that is not real property. Power boiler: means a closed vessel in which steam or other vapor is generated at a pressure of more than 15 p. See Michigan Laws 339.5903 Process boiler: means a boiler that is operated at a pressure or temperature from which more than 10% of the boiler's capacity is used for direct steam humidification or direct process work. See Michigan Laws 339.5903 Qualified assessing authority: means 1 of the following:
(i) For a facility other than a homestead facility, the commission. See Michigan Laws 207.772Qualified downtown revitalization district: means an area located within 1 or more of the following:
(i) The boundaries of a downtown district as defined in section 201 of the recodified tax increment financing act, 2018 PA 57, MCL 125. See Michigan Laws 207.772Qualified high-technology business: means a business or facility whose primary business activity is high-technology activity or a qualified high-wage activity. See Michigan Laws 207.803 Qualified high-wage activity: means a business that has an average wage of 300% or more of the federal minimum wage. See Michigan Laws 207.803 Qualified historic building: means a property within a neighborhood enterprise zone that has been designated a historic resource as defined under section 266 of the income tax act of 1967, 1967 PA 281, MCL 206. See Michigan Laws 207.772 Qualified lodging facility: means 1 or more of the following:
(i) Lodging facilities that constitute a portion of a tourism attraction facility and represent less than 50% of the total cost of the tourism attraction facility, or the lodging facilities are to be located on recreational property owned or leased by the municipal, state, or federal government. See Michigan Laws 207.803Qualified new job: means 1 of the following:
(i) A full-time job created by an authorized business at a facility that is in excess of the number of full-time jobs the authorized business maintained in this state prior to the expansion or location, as determined by the authority. See Michigan Laws 207.803Qualified technical education program: means an educational program that is approved by the board and that has a minimum of 350 contact hours in classroom hands-on training, field training, or supervised plant visits for high pressure boiler operators. See Michigan Laws 339.5903 Qualified training program: means any of the following:
(i) An in-house training program approved by the board and offered to boiler operators and stationary engineers by an employer. See Michigan Laws 339.5903Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Rehabilitated facility: means , except as otherwise provided in section 2a, an existing structure or a portion of an existing structure with a current true cash value of $120,000. See Michigan Laws 207.772 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Replacement construction: means that term as defined in section 34d(1)(b)(v) of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.803 Retained jobs: means the number of full-time jobs at a facility of an authorized business maintained in this state on a specific date as that date and number of jobs is determined by the authority. See Michigan Laws 207.803 Rule: means a rule promulgated under the administrative procedures act of 1969. See Michigan Laws 339.5107 Rural business: means an eligible business located in a county with a population of 90,000 or less. See Michigan Laws 207.803 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o stationary engineer: means an individual who is engaged in the operation of boilers and associated auxiliaries. See Michigan Laws 339.5901 Subsidiary business: means a business that is directly or indirectly controlled or at least 80% owned by an authorized business. See Michigan Laws 207.803 Tourism attraction facility: means a cultural or historical site, a recreation or entertainment facility, an area of natural phenomena or scenic beauty, or an entertainment destination center as determined by the Michigan economic growth authority as follows:
(i) In making a determination, the Michigan economic growth authority shall consider all of the following:
(A) Whether the facility will actually attract tourists. See Michigan Laws 207.803United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Written agreement: means a written agreement made pursuant to section 8. See Michigan Laws 207.803