Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Construction Codes  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Construction Code - Part 4. Building Code  
5. Rule numbers or rule set range of numbers:  
R 408.30401 - R 408.30499a  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Amanda Johnson  
E-mail of person filling out RFR:  
JohnsonA39@michigan.gov  
Phone number of person filling out RFR:  
517-582-5519  
Address of person filling out RFR:  
611 W. Ottawa Street Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
Part 4 of the Construction Code currently adopts by reference the 2015 edition of the International  
Building Code (IBC), which is developed by the International Code Council and is based on  
building principles used in building codes across the country. Part 4 also includes rules that  
amend the IBC to address laws and climate conditions that are specific to Michigan. The  
proposed rules will adopt by reference the 2021 edition of the IBC with amendments, deletions,  
and additions deemed necessary for use in Michigan.  
The proposed rules provide the latest standards to protect the health and promote the safety and  
welfare of the people by regulating the construction, reconstruction, and alteration of buildings  
within the state.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director and Boards & Commission.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The authority to promulgate the proposed rules is found in Section 4 of 1972 PA 230, MCL  
125.1504, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL  
445.2001, MCL 445.2011, MCL 445.2025, and MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
These rules are mandated pursuant to MCL 125.1504(5), which provides that the director shall  
add, amend, and rescind rules to update the code not less than once every three years to coincide  
with the national code change cycle.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The International Building Code (IBC) is a model code in which each jurisdiction can establish  
the codes within their state. Among the Great Lakes States, Illinois has adopted the 2021  
International Building Code (IBC). The Bureau is not aware of other state, regional, or federal  
standards and requirements.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
There is no subject matter of these rules currently contained in any guideline, handbook, manual,  
instruction bulletin, form with the instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, these rules are listed in the department's annual regulatory plan.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
Among the Great Lakes region, Illinois has adopted the 2021 International Building Code (IBC),  
and the Bureau is not aware of any proposed rules or revisions to current rules that may exceed  
standards within the Great Lakes region, the state, federal, or otherwise.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
These rules do incorporate the recommendations received from the public regarding any  
complaints or comments regarding these rules. The comments or complaints from the public came  
from either the Public Informal Advisory Meeting or from the Proposed Rule/Code Change  
Request Form.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The last amendment to these rules was approximately 6 years ago. These rules are being changed  
to adopt the newest International Building Code (IBC).  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;