Law Practice Flashcards

1
Q

Act 407 of 2016 is also know as what?

A

Skilled Trades Regulation Act

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2
Q

When did Act 407 of 2016 (Skilled Trades Regulation Act) go into effect?

A

April 4, 2017

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3
Q

(Act 407 of 2016) What is the age and residency requirements for a board member?

A

18 years old and a resident of the state.

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4
Q

(Act 407 of 2016) How long are board terms?

A

Members appointed to 4 year terms
Someone who is appointed to fill a vacancy shall not be appointed more than two full terms and to fill the vacancy for the remainder of the term.

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5
Q

(Act 407 of 2016) How often is a board to meet?

A

Shall meet at least 2 times a year or more as required of duties.

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6
Q

(Act 407 of 2016) When does a license lapse?

A

The day after it expires.

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7
Q

(Act 407 of 2016) How many days are permitted for a licensee to renew if they fail to renew on or before expiration date?

A

60 days

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8
Q

(Act 407 of 2016) If a person fails to renew a license, within 60 days after expiration, they must meet what criteria to not have to retest?

A

1) Applies within 3 years of expiration of last license
2) Pays all applicable fees
3) Any penalties or conditions have been resolved
4) The person submits proof of 1 year equivalent continuing education as required.
5) Meets requirements for licensure

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9
Q

(Act 407 of 2016) How long does the department have to give written acknowledgement of a complaint?

A

15 days

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10
Q

(Act 407 of 2016) What are the penalties for violating 339.5541 (working unlicensed)?

A

1st Offense) Misdemeanor with a fine not more than $500 or 90 days in jail (or both).
2nd Offense) Misdemeanor with a fine not more than $1,000 or 1 year in jail (or both).
3rd Offense) A felony with a fine not more than $25,000 or 5 years in prison (or both).

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11
Q

What are the penalties described in section 603 of Act 407?

A
Limitation of suspension of license
Denial of license or renewal of license
Revocation of license
Administrative fine (if they are licensed) of not more then $10,000
Censure
Probation
Restitution
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12
Q

(Act 407 of 2016) According to Article 8 section 339.5807, what are the requirements for getting licensed?

A

Good Moral Character

Minimum of 3 years experience (OR equivalent of that experience). Experience also includes military.

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13
Q

(Act 407 of 2016) When does a contractor’s license expire?

A

Every 3rd year on August 31

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14
Q

(Act 407 of 2016) What date does a person have to renew their license when it expires?

A

October 31

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15
Q

Act 230 of 1972 is also know as what?

A

Construction Code Act
Uniform Construction Code
Act 230
Stille-Derossett-Hale State Construction Code Act

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16
Q

Act 230 of 1972) What is a Bed and Breakfast considered under Act 230?

A

It is considered a single family residential structure and not a hotel or other facility serving transient tenants.

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17
Q

Act 230 of 1972) A “Bed and Breakfast” means a single family residential structure that meets all of what criteria?

A

A) Has 10 or fewer sleeping rooms, to include the room occupied by the innkeeper.
B) Serves meals at no extra cost to its transient tenants.
C) Has a working smoke detector in each sleeping room and a working fire extinguisher on each floor.

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18
Q

Act 230 of 1972) Code enforcement of Act 230 is done by who?

A

The director, government subdivision, and also a private organization.

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19
Q

The Skilled Trades Regulation Act is also known as:

A

PA 407 of 2016

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20
Q

Act 407 of 2016 does not require a contractor of record in a facility that regularly employs a qualified maintenance crew to do what?

A

Perform work in that facility

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21
Q

Who can hold a mechanical license?

A

Only an individual person

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22
Q

To apply for the Mechanical Exam, a person must have:

A

3 year’s experience

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23
Q

Who may obtain a mechanical permit and legally do mechanical work without a license besides a Licensed Mechanical Contractor?

A

A homeowner

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24
Q

PA 230 of 1972 is also known as:

A

Construction Code Act

25
Q

The Skilled Trades Regulation Act took effect ______ and was signed by ______.

A

April 4, 2017

The Governor

26
Q

The Board of Mechanical Rules consists of the State Fire Marshall who shall be a permanent member and ______. The members shall be appointed for a term of ______ and must be at least ______ years old.

A

14 additional members
4 years
18

27
Q

The Stille-Derossett-Hale Single State Construction Code Act is also known as:

A

PA 230 of 1972

28
Q

Effective April 4, 2017 your Mechanical License shall expire on ______ and is valid for ______.

A

August 31

3 years

29
Q

A business has 90 days to replace the Contractor of Record if they do what?

A

Dies
No longer employed by business
Ceases to do business or sells their business

30
Q

What is the MIOSHA Act also known as:

A

PA Act 154 of 1974

31
Q

According to the Skilled Trades Regulation Act, how many members constitute a quorum?

A

4

32
Q

According to PA 230 of 1972, how long does an inspector have to complete an inspection?

A

No specified time

33
Q

According to PA 230 of 1972, can you do any work when there is a Stop Work Order?

A

Yes, only if it is to fix the issue that caused the Stop Work Order

34
Q

If you do not renew your license on or before August 31, what is the finale date that it can be done?

A

October 31

35
Q

If you disagree with a violation notice, according to PA 230 of 1972, what can be done?

A

Request a variance from the board of appeals

36
Q

A person who engages in or attempts to engage in the practice of an occupation regulated under the Skilled Trades Regulation Act or use a title designated in this act without a license issued by the department for the occupation is guilty for a first offense of a ______ which is punishable by a fine not to exceed ______ or ______ imprisonment or both.

A

Misdemeanor
$500
90 days

37
Q

A person who engages in or attempts to engage in the practice of an occupation regulated under the Skilled Trades Regulation Act or use a title designated in this act without a license issued by the department for the occupation a second time is guilty of a ______ which is punishable by a fine not to exceed ______ or ______ imprisonment or both.

A

Misdemeanor
$1,000
1 year

38
Q

A person who engages in or attempts to engage in the practice of an occupation regulated under the Skilled Trades Regulation Act or use a title designated in this act without a license issued by the department for the occupation a third time is guilty of a ______ which is punishable by a fine not to exceed ______ or ______ imprisonment or both.

A

Felony
$25,000
5 years

39
Q

The Asbestos Abatement Act is also known as:

A

Act 135 of 1986

40
Q

The Lien Recovery Fund is also known as:

A

Act 497 of 1980

41
Q

What information must a permit application form have?

A

Name and residence of owner
License# and expiration date
Workman’s compensation carrier

42
Q

How long is a permit valid for before expiration?

A

180 days

43
Q

A permit can only be extended how many times?

A

once

44
Q

A person is not required to be licensed or obtain permits for ____.

A

Thermostats installed as part of an alarm system

45
Q

Every governmental subdivision enforcing the code shall have an appeal board and must consist of not less than ______ or more then ______ members.

A

3

7

46
Q

The State of Michigan Mechanical Division Board of Mechanical Rules may investigate a licensee for what reasons?

A

Practices fraud or deceit in obtaining a license
Practices fraud, deceit, or dishonesty in practicing an occupation
Violates a rule of conduct of an occupation.
Demonstrates a lack of good moral character, commits act of gross negligence, or demonstrates incompetence.

47
Q

A sanction for violation determined by the mechanical board can include ____.

A

Revoking of the license

48
Q

The Skilled Trades Regulation Act (STRA) board shall consist of ____ voting members.

A

9

49
Q

What is category 1 of the work classifications?

A

Hydronic Heating and Cooling and process piping. This includes residential boilers.

50
Q

What is category 2 of the work classifications?

A

HVAC Equipment. This includes ductwork, gas piping, and venting.

51
Q

What is category 3 of the work classifications?

A

Ductwork

52
Q

What is category 4 of the work classifications?

A

Refrigeration

53
Q

What is category 5 of the work classifications?

A

Limited Heating Services

54
Q

What is category 6 of the work classifications?

A

Unlimited Heating Services

55
Q

What is category 7 of the work classifications?

A

Limited refrigeration and air conditioning services

56
Q

What is category 8 of the work classifications?

A

Unlimited refrigeration and air conditioning services

57
Q

What is category 9 of the work classifications?

A

Fire Suppresssion

58
Q

What is category 10 of the work classifications?

A
Specialty Licenses
Solar
Solid Fuel Equipment and Vented Decorative Gas Appliances
Fuel Gas Piping
Fuel Gas Piping and Venting