Current through Vol. 24-04, March 15, 2024
Rule 8.
(1) An
applicant's proposed marihuana business and a licensee's marihuana business are
subject to inspection by a state building code official, state fire official,
or code enforcement official to confirm that no health or safety concerns are
present.
(2) A state building code
official, or his or her authorized designee, may conduct prelicensure and
post-licensure inspections to ensure that applicants and licensees comply with
the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1501 to 125.1531; the skilled trades regulation act, 2016 PA 407, MCL
339.5101 to 339.6133; 1967 PA 227, MCL 408.801 to 408.824; and 1976 PA 333, MCL
338.2151 to 338.2160.
(3) An
applicant or licensee shall not operate a marihuana business unless a permanent
certificate of occupancy has been issued by the appropriate enforcing agency. A
temporary certificate of occupancy may be accepted, at the discretion of the
agency. Before a certificate of occupancy is issued, work must be completed in
accordance with the Stille-DeRossett-Hale single state construction code act,
1972 PA 230, MCL 125.1501 to 125.1531. An applicant or licensee shall comply
with both of the following:
(a) An applicant
or licensee shall obtain a building permit for any building utilized as a
proposed marihuana business or marihuana business as provided in the acts and
these rules. The issuance, enforcement, and inspection of building permits
under the acts remains with the governmental entity having jurisdiction under
the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL
125.1501 to 125.1531.
(b) An
applicant or licensee shall obtain a building permit for a change of occupancy
for an existing building to be utilized as a proposed marihuana business or
marihuana business as provided in the acts and these rules.
(4) An applicant or licensee shall
not operate a marihuana business unless the proposed marihuana business or
marihuana business has passed the prelicensure fire safety inspection by the
BFS. The state fire marshal, or his or her authorized designee, may conduct
prelicensure and postlicensure inspections of a marihuana business. An
applicant or licensee shall comply with all of the following:
(a) A BFS inspection may be conducted at any
reasonable time to ensure fire safety compliance. A BFS inspection may be
annual or biannual and may result in the required installation of fire
suppression devices or other means necessary for adequate fire safety pursuant
to state standards.
(b) The BFS may
require a marihuana business to obtain operational permits, including, but not
limited to, any of the following:
(i) Carbon
dioxide systems used in beverage dispensing applications, amended for
cultivation use and extraction.
(ii) Compressed gases.
(iii) Combustible fibers.
(iv) Flammable and combustible
liquids.
(v) Fumigation and
insecticidal fogging.
(vi)
Hazardous materials.
(vii) High
piled storage (high rack system cultivation).
(viii) Liquefied petroleum (LP)
gas.
(c) For specific
installation or systems, BFS may require marihuana businesses to obtain
construction permits, including, but not limited to, any of the following:
(i) Building construction.
(ii) Electrical, mechanical, plumbing,
boiler, and elevator.
(iii)
Compressed gases.
(iv) Flammable
and combustible liquids.
(v)
Hazardous materials.
(vi) Liquified
petroleum (LP) gas.
(vii) Automatic
fire extinguishing/suppression systems.
(viii) Fire alarm and detections
systems.
(ix) Related equipment
found during fire safety inspections.
(5) The state fire marshal, or their
authorized designee, may conduct a BFS fire safety inspection of a marihuana
business, at any reasonable time to ensure compliance with the NFPA 1, 2021
edition, entitled "Fire Code," which is adopted by reference in R 420.202. A
licensee shall comply with the NFPA 1 as adopted and the following additional
requirements:
(a) Ductwork must be installed
in accordance with the Michigan mechanical code,
R
408.30901 to
R
408.30998.
(b) Suppression systems outlined in NFPA 1
and the Michigan mechanical code,
R
408.30901 to
R
408.30998, must be installed if required to meet the
suppression needs within a marihuana establishment.
(c) Producers, cultivators, laboratories,
marihuana microbusinesses, and class A marihuana microbusinesses shall
implement appropriate exhaust ventilation systems to mitigate noxious gasses or
other fumes used or created as part of any production process or operations.
Exhaust and ventilation equipment must be appropriate for the hazard involved
and must comply with NFPA 1 and Michigan mechanical code,
R
408.30901 to
R
408.30998.
(6) In addition to meeting all the
requirements in subrules (1) to (5) of this rule, cultivators, producers,
marihuana microbusinesses, class A marihuana microbusinesses, and
designated consumption establishments shall also comply with all of the
following:
(a) Permit the agency or its
authorized agents, or state fire marshal or his or her authorized designee, to
enter and inspect a cultivator, producer, marihuana microbusiness, class A
marihuana microbusiness, and designated consumption establishments at any
reasonable time.
(b) Have a fire
safety inspection conducted, in addition to any inspections required under the
acts and these rules, if any of the following occur:
(i) Modifications to the grow areas, rooms
and storage, extraction equipment and process rooms, or marihuana-infused
product processing equipment within a marihuana business.
(ii) Changes in occupancy.
(iii) Material changes to a new or existing
cultivator, producer, marihuana microbusiness, class A marihuana
microbusiness, or designated consumption establishment including changes made
prelicensure and post-licensure.
(iv) Changes in extraction methods and
processing or grow areas and building structures.
(c) Ensure that extractions using compressed
gases of varying materials including, but not limited to, butane, propane, and
carbon dioxide that are used in multiple processes in cultivation or extraction
meet all of the following:
(i) Flammable gases
of varying materials may be used in multiple processes in cultivation or
extraction and must meet the requirements in NFPA 58 and the international fuel
gas code.
(ii) Processes that
extract oil from marihuana plants and marihuana products using flammable gas or
flammable liquid must have leak or gas detection measures, or both. All
extraction equipment used in the marihuana business and equipment used in the
detection of flammable or toxic gases, or both, must be approved by the BFS and
may require construction permits.
(iii) Marihuana businesses that have exhaust
systems must comply with the NFPA 1 and the Michigan mechanical code,
R
408.30901 to
R
408.30998.
(7) The requirements of this rule do not
apply to a marihuana event organizer applicant or licensee under the
MRTMA.
(8) An applicant for a
temporary marihuana event is subject to review and inspection, if applicable,
by BFS, which includes, but is not limited to, all of the following:
(a) A site plan must be provided. BFS shall
review the site plan in accordance with the NFPA 1.
(b) The temporary marihuana event location
may be subject to a physical inspection, as determined by the agency.
