10.5 Stille-DeRossett-Hale Act, Permits, Inspections & the AHJ

10.5 Stille-DeRossett-Hale Act, Permits, Inspections & the AHJ

Exam Focus: 1972 PA 230 and its role in the code hierarchy, MCL 125.1504 (adoption of the code by rule), MCL 125.1508a (administration and enforcement), the single state construction code principle, permits and inspections, and the code-edition-at-permit rule.

The PSI bulletin lists this act by name: the journeyman examination tests knowledge of "the Stille-DeRossett-Hale single state construction code act, any code adopted under section 4 of that act, MCL 125.1504, any code adopted under section 8a of that act, MCL 125.1508a, and the theory relative to those codes." You may bring a bound copy of 1972 PA 230 into the examination room.

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Where the Act Sits in the Hierarchy

Michigan's electrical requirements come from two statutes doing two different jobs:

+-------------------------------------------------------------------------+
|              MICHIGAN ELECTRICAL AUTHORITY — TWO TRACKS                 |
|                                                                         |
|   WHO MAY DO THE WORK                    WHAT THE WORK MUST MEET        |
|   ------------------------               ------------------------       |
|   2016 PA 407                            1972 PA 230                    |
|   Skilled Trades Regulation Act          Stille-DeRossett-Hale Act      |
|          |                                        |                     |
|          v                                        v                     |
|   Electrical administrative board        Construction code by rule      |
|   Journeyman / master / specialty        MCL 125.1504 (section 4)       |
|   licensure, exams, discipline                    |                     |
|                                                   v                     |
|                                          Part 8 Electrical Code rules   |
|                                          R 408.30801 - R 408.30880      |
|                                                   |                     |
|                                                   v                     |
|                                          Administration & enforcement   |
|                                          MCL 125.1508a (section 8a)     |
+-------------------------------------------------------------------------+

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Section 4 — MCL 125.1504: Adoption of the Code

Section 4 is the rulemaking authority. The rules that make up the Michigan Electrical Code recite it: "By authority conferred on the director of the department of licensing and regulatory affairs by section 4 of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1504, and Executive Reorganization Order Nos. 2003-1, 2008-4, and 2011-4."

Practical consequences you should be able to state:

1. The code is a rule, not a statute. It is promulgated through the Administrative Procedures Act — draft rules, public hearing, comment period, filing with the Secretary of State.
2. Rules take effect on a date certain. Proposed construction code rules take effect a set period after filing with the Secretary of State; the 2023 Part 8 rules were filed November 13, 2023 and became effective March 12, 2024.
3. Rulemaking is continuous. LARA maintains an open-rules process; drafts and hearing notices for Part 8 are published by the Bureau of Construction Codes.

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Section 8a — MCL 125.1508a: Administration and Enforcement

Section 8a governs how an adopted code is administered and enforced — the permit, plan review, inspection, notice, and approval machinery. NEC Article 80 contains model versions of these same provisions, which is precisely why Rule 801 of the Part 8 rules excludes NEC sections 80.2, 80.5, 80.15, 80.23, 80.27, 80.29, 80.31, 80.33, and 80.35. Michigan does not need NFPA's model administration because it has its own.

The Enforcement Chain

1. Permit. Electrical work requires a permit issued by the enforcing agency having jurisdiction, applied for by the licensed contractor or, in limited circumstances, by a homeowner for their own residence.
2. Inspection. Rough-in and final inspections are performed by the electrical inspector.
3. Approval and connection. Utility connection follows inspection approval.
4. Violations. Notices of violation, stop work, and administrative penalties flow through the enforcing agency, with licensure consequences handled separately under Act 407.

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The Single State Construction Code Principle

The act's name states its central policy: Michigan has one construction code. The enforcing agency in a municipality administers the state code; it does not write its own electrical code with stricter or looser requirements, and it cannot grant exceptions to the state code.

[!CAUTION] Distinguish code from registration. Some Michigan municipalities — Detroit and Grand Rapids are the usual examples — require electricians to register locally before working in the city. That is a local licensing/registration requirement, not a local electrical code. The technical requirements remain the Michigan Electrical Code everywhere in the state.

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Which Code Edition Applies?

The inspector applies the code edition in effect at the time the permit was issued, not the edition current at the time of inspection.

This is why the filing-versus-effective distinction is more than trivia. Between November 13, 2023 and March 12, 2024, the 2023 Part 8 rules existed and could be used for training, but were not enforceable.

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The AHJ in Practice

Recall from Section 10.3 that R 408.30810 adds section 80.13, defining the authority having jurisdiction to include the electrical inspector or other individuals designated by the governing body. Under NEC 90.4, the AHJ has the authority to:

• Interpret the rules of the code;
• Approve equipment, materials, and installations;
• Grant special permission — express written consent;
• Waive specific requirements or permit alternative methods where equivalent objectives of safety are achieved.

Exam tip: "Special permission" is defined in Article 100 as the written consent of the AHJ. If an answer option describes verbal approval from an inspector as special permission, it is wrong.