DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR'S OFFICE  
CONSTRUCTION CODE  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 4 of 1972 PA 230, MCL 125.1504, and Executive Reorganization  
Order Nos. 2003-1, 2008-4, and 2011-4, MCL 445.2011, MCL 445.2025, and MCL  
445.2030)  
PART 10a MICHIGAN ENERGY CODE  
R 408.31087 Applicable code.  
Rule 1087. Rules governing the energy efficiency for the design and construction of  
buildings and structures, not including residential buildings, shall be those contained in  
the international energy conservation code, 2015 edition, except for sections C107.2 to  
C107.5, C108.2 to C108.4, C301.2, C301.3, C302, C401.2.1 to C408.3.2, C502.2 to  
C502.2.6.2, C503.2 to C503.6 and the ASHRAE energy standard for buildings except  
low-rise residential buildings, ANSI/ASHRAE/IESNA standard 90.1-2013 (hereafter the  
standard), including appendices A, B, C, D, and G, except for sections 8.4.2, 8.4.3 to  
8.4.3.2 . With the amendments noted, the international energy conservation code and the  
standard are adopted in these rules by reference. The Michigan energy code is available  
for inspection at the Lansing office of the  
Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction  
Codes, 611 W. Ottawa Street, Lansing, Michigan 48933. The code may be purchased  
from the International Code Council, through the bureau’s website at  
www.michigan.gov/bcc, at a cost as of the time of adoption of these rules of $44.00. The  
ASHRAE 90.1-2013 standard is available for inspection at the Lansing office of the  
Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction  
Codes. The standard may be purchased from the American Society of Heating,  
Refrigeration and Air-Conditioning Engineers, Inc., 1791 Tullie Circle, NE, Atlanta,  
Georgia 30329, at a cost as of the time of adoption of these rules of $135 .00 each.  
History: 2003 AACS; 2010 AACS; 2017 AACS.  
R 408.31087a Scope.  
Rule 1087a. Section C501.1 of the code is amended to read as follows:  
C501.1. Scope. The requirements contained in this chapter are applicable to  
commercial buildings, or portions of commercial buildings. These commercial buildings  
shall meet the requirements of ASHRAE/IESNA Standard 90.1, “Energy Standard for  
Buildings Except for Low-Rise Residential Buildings, and the requirements contained in  
this chapter.  
Page 1  
History: 2010 AACS; 2017 AACS.  
R 408.31087b Application.  
Rule 1087b. Section C401.2 of the code is amended to read as follows:  
C401.2. Application. Commercial buildings shall comply with the requirements of  
ANSI/ASHRAE/IESNA 90.1-2013.  
History: 2017 AACS.  
R 408.31088 Definitions.  
Rule 1088. The definitions of building and building official in section 202 of the  
code are amended to read as follows:  
202. Definitions.  
“Building” as defined in the Stille-DeRossett-Hale single state construction code act,  
1972 PA 230, MCL 125.1501 to 125.1531.  
"Building official" as defined in the Stille-DeRossett- Hale single state construction  
code act, 1972 PA 230, MCL 125.1501 to 125.1531.  
History: 2003 AACS; 2010 AACS; 2017 AACS.  
R 408.31088a Scope; requirements.  
Rule 1088a. Sections C101.1 is amended to read as follows:  
C101.1. Title. This code shall be known and cited as the “Michigan Energy Code.”  
It is referred to herein as “this code.”  
History: 2017 AACS.  
R 408.31089 Rescinded.  
History: 2003 AACS; 2010 AACS; 2017 AACS.  
R 408.31090 Administrative requirements.  
Rule 1090. Section C104.8 of the code is added to read as follows:  
C104.8.  
Administrative requirements relating to permits, enforcement,  
interpretations, and appeals shall be pursuant to the Stille-DeRossett-Hale single state  
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.  
History: 2003 AACS; 2010 AACS; 2017 AACS.  
R 408.31091 Existing buildings.  
Rule 1091. Sections C502.1, C503.1, C504.1, and C505.1 of the code are amended  
to read as follows:  
Page 2  
C502.1. Additions. Additions shall comply with ASHRAE 90.1-2013, section  
4.2.1.2.  
C503.1. Alterations. Alterations to any building or structure shall comply with the  
requirements of ASHRAE 90.1-2013, section 4.2.1.3.  
C504.1. General. Buildings and structures, and parts thereof, shall be repaired in  
compliance with section C501.3 and this section. Work on nondamaged components that  
is necessary for the required repair of damaged components shall be considered part of  
the repair and shall not be subject to the requirements for alterations in this chapter.  
Routine maintenance required by section C501.3, ordinary repairs exempt from permit  
and abatement of wear due to normal service conditions shall not be subject to the  
requirements for repairs in this section.  
Where a building was constructed to comply with ANSI/ASHRAE/IESNA 90.1,  
repairs shall comply with the standard.  
C505.1. General. Spaces undergoing a change in occupancy that would result in an  
increase in demand for either fossil fuel or electrical energy shall comply with this code.  
History: 2017 AACS.  
R 408.31092 Construction documents.  
Rule 1092. Sections C102.1.1 and C103.1 of the code are amended to read as  
follows:  
C102.1.1. Above code programs. The state construction code commission may  
evaluate and approve a national, state, or local energy efficiency program to exceed the  
energy efficiency required by this code. Buildings approved in writing by an energy  
efficiency program, such as ICC 700-2012 “silver” or energy star version 3 (rev. 07),  
shall be considered in compliance with this code. The requirements identified as  
“mandatory” in chapter 4 shall be met.  
C103.1. Submittal documents. Construction documents, special inspection and  
structural programs, and other data shall meet both of the following requirements:  
(1) Be submitted in 1 or more sets with each application for a permit.  
(2) Be prepared by, or under the direct supervision of, a registered design  
professional when required by the Occupational Code, 1980 PA 299, MCL 339.101 to  
339.2919.  
Where special conditions exist, the building official may require additional  
construction documents to be prepared by a registered design professional.  
History: 2017 AACS.  
R 408.31092a Inspections.  
Rule 1092a. Section C104.2 of the code is amended to read as follows:  
C104.2. Required energy efficiency inspections. The code official or his or her  
designated agent, upon notification, shall make the inspections set forth in sections  
C104.2.1 through C104.2.6.  
History: 2017 AACS.  
Page 3  
R 408.31093 Fees.  
Rule 1093. Section C107.1 of the code is amended to read as follows:  
C107.1. Payment of fees. The fees prescribed by the Stille-DeRossett-Hale single  
state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531 shall be paid to the  
enforcing agency of the jurisdiction before a permit to begin work for new construction,  
alteration, removal, demolition, or other building operation may be issued. In addition,  
an amendment to a permit requiring an additional fee shall not be approved until the  
additional fee has been paid.  
History: 2017 AACS.  
R 408.31094 Stop work orders.  
Rule 1094. Section C108.1 of the code is amended to read as follows:  
C108.1. Stop work orders. Notice shall be in accordance with the Stille-DeRossett-  
Hale single state construction code act, 1972 PA 203, MCL 125.1501 to 125.1531. A  
person who is served with a stop work order, except for work that the person is directed  
to perform to remove a violation or unsafe condition, is subject to the penalty provisions  
prescribed by the act.  
History: 2017 AACS.  
R 408.31095 Board of appeals.  
Rule 1095. Sections C109.1 and C109.3 of the code are amended to read as follows:  
C109.1. Means of appeal. (1) An interested person may appeal a decision of the  
enforcing agency to the board of appeals in accordance with the act.  
(2) The decision of a local board of appeals may be appealed to the construction  
code commission in accordance with the act and time frames contained in the act.  
History: 2017 AACS.  
R 408.31096 Climate zones.  
Rule 1096. Sections C301.1, Tables C301.1 and C301.3(2) of the code are amended  
and Figure C301.1a is added to the code to read as follows:  
C301.1. General. Climate zones from figures C301.1, C301.1a, or table C301.1  
shall be used to determine the applicable requirements of this code.  
Page 4  
Table C301.1  
Climate Zones by County  
Zones  
5A  
6A  
7
Allegan  
Barry  
Bay  
Berrien  
Branch  
Alcona  
Alger  
Alpena  
Antrim  
Baraga  
Chippewa  
Gogebic  
Houghton  
Iron  
Arenac  
Calhoun  
Cass  
Clinton  
Eaton  
Genesee  
Gratiot  
Benzie  
Keweenaw  
Luce  
Mackinac  
Ontonagon  
Schoolcraft  
Charlevoix  
Cheboygan  
Clare  
Crawford  
Delta  
Hillsdale  
Ingham  
Dickinson  
Emmet  
Ionia  
Gladwin  
Grand Traverse  
Huron  
Jackson  
Kalamazoo  
Kent  
Iosco  
Lapeer  
Isabella  
Kalkaska  
Lake  
Leelanau  
Manistee  
Marquette  
Mason  
Mecosta  
Menominee  
Missaukee  
Montmorency  
Newaygo  
Oceana  
Ogemaw  
Osceola  
Oscoda  
Lenawee  
Livingston  
Macomb  
Midland  
Monroe  
Montcalm  
Muskegon  
Oakland  
Ottawa  
Saginaw  
Shiawassee  
St. Clair  
St. Joseph  
Tuscola  
Van Buren  
Washtenaw  
Wayne  
Otsego  
Presque Isle  
Roscommon  
Sanilac  
Wexford  
Key: A – Moist. Absence of moisture designation indicates moisture regime is  
irrelevant.  
Page 5  
Table C301.3(2)  
Climate Zone Definitions  
Zone  
Number  
5A  
6A  
7
Thermal Criteria  
IP Units  
5400 < HDD65F7200  
7200 < HDD65F9000  
9000  
SI Units  
3000 < HDD18C4000  
4000 < HDD18C5000  
5000 < HDD18C7000  
<
HDD65F12600  
For SI: ºC = [(ºF)-32]/1.8  
Page 6  
History: 2017 AACS.  
R 408.31097 Fenestration product rating.  
Rule 1097. Section C303.1.3 of the code is amended to read as follows:  
C303.1.3.  
Fenestration product rating. U-factors or fenestration products  
(windows, doors, and skylights) shall be determined in accordance with NFRC 100 by an  
accredited, independent laboratory, and labeled and certified by the manufacturer.  
Products lacking a labeled U-factor shall be assigned a default U-factor from Table  
C303.1.3(1) or C303.1.3(2).  
Exception:  
1. Computer simulations by independent NFRC certified laboratories or approval  
under the Stille-Derossett-Hale Single State Construction Code Act, 1972 PA 230, MCL  
125.1501 to 125.1531, is considered in compliance with this section.  
2. Where required, garage door U-factors shall be determined in accordance with  
either NFRC 100 or ANSI/DASMA 105.  
U-factors shall be determined by an accredited, independent laboratory, and labeled  
and certified by the manufacturer.  
Products lacking a labeled U-factor shall be assigned a default U-factor from Table  
C303.1.3(1) or C303.1.3(2). The solar heat gain coefficient (SHGC) and visible  
transmittance (VT) of glazed fenestration products (windows, glazed doors, and  
skylights) shall be determined in accordance with NFRC 200 by an accredited,  
independent laboratory, and labeled and certified by the manufacturer. Products lacking  
such a labeled SHGC or VT shall be assigned a default SHGC or VT from table  
C303.1.3(3).  
History: 2017 AACS.  
R 408.31098 (C506.1) Envelope alterations.  
Rule 1098. Section 5.1.3 of the standard is amended to read as follows:  
(5.1.3). Alterations to the building envelope shall comply with the requirements of  
section 5 for insulation, air leakage, and fenestration applicable to those specific portions  
of the building that are being altered.  
Exceptions:  
1. Installation of storm windows or glazing panels over existing glazing, provided  
the storm window or glazing panel contains a low-emissivity coating. However, a low-  
emissivity coating is not required where the existing glazing already has a low-emissivity  
coating. Installation may be either on the inside or outside of the existing glazing.  
2. Replacement of glazing in existing sash and frame, provided the U-factor and  
SHGC will be equal to or lower than before the glass replacement.  
3. Alterations to roof or ceiling, wall, or floor cavities that are insulated to full depth  
with insulation having a minimum nominal value of R-3.0/in.  
4. Alterations to walls and floors, where the existing structure is without framing  
cavities and no new framing cavities are created.  
5. Roof recovering.  
Page 8  
6. Removal and replacement of a roof membrane where there is existing roof  
insulation integral to or below the roof deck.  
7. Removal and replacement of a roof membrane where the insulation is installed  
entirely above the roof deck, a minimum of R-20 insulation shall be permitted where the  
placement of additional insulation greater than R-20 insulation would require either of the  
following:  
a. Raising the height of parapets, weep systems, or through wall flashings where  
roof abuts adjoining walls or parapets.  
b. Raising the height of mechanical or electrical equipment, mechanical curbs, roof  
hatches, skylight curbs, service equipment, piping, conduit, duct work, roof platforms,  
ladders, stairs, guard rails, expansion joints, roof davits, or door thresholds.  
8. Replacement of existing fenestration, provided that the area of the replacement  
fenestration does not exceed 25% of the total fenestration area of an existing building and  
that the U-factor and SHGC, will be equal to or lower than before the fenestration  
replacement.  
History: 2017 AACS.  
R 408.31098a (C506.2) Vestibules.  
Rule 1098a. Section 5.4.3.4 of the standard is amended to reads as follows:  
5.4.3.4. Vestibules. Building entrances that separate conditioned space from the  
exterior shall be protected with an enclosed vestibule, with all doors opening into and out  
of the vestibule equipped with self-closing devices. Vestibules shall be designed so that  
in passing through the vestibule it is not necessary for the interior and exterior doors to  
open at the same time. Interior and exterior doors shall have a minimum distance  
between them of not less than 7 feet when in the closed positon. The floor area of each  
vestibule shall not exceed the greater of 50 feet2 or 2% of the gross conditioned floor area  
for that level of the building. The exterior envelope of conditioned vestibules shall  
comply with the requirements for a conditioned space. The interior and exterior envelope  
of unconditioned vestibules shall comply with the requirements for a semiheated space.  
Exceptions:  
1. Doors not intended to be used by the public, such as doors to storage,  
mechanical, electrical, or equipment rooms.  
2. Doors opening directly from a sleeping unit or dwelling unit.  
3. Doors that open directly from a space less than 3,000 feet2 (298 m2) in area.  
4. Revolving doors.  
5. Doors used primarily to facilitate shipping, receiving, or material handling.  
6. Doors with no exterior entrance hardware.  
7. Doors leading solely to outdoor eating areas.  
8. Overhead doors.  
History: 2017 AACS.  
R 408.31098b (C506.3) System commissioning.  
R1098a. Section 6.7.2.4 of the standard is amended to read as follows:  
Page 9  
6.7.2.4. System Commissioning. HVAC control systems shall be tested to ensure  
that control elements are calibrated, adjusted, and in proper working condition. For  
projects larger than 10,000 ft2, conditioned area, except warehouses and semiheated  
spaces, detailed instructions for commissioning HVAC systems (see informative  
appendix E) shall be provided by the designer in plans and specifications.  
History: 2017 AACS.  
R 408.31098c (C506.4) Lighting alterations.  
R1098b. Section 9.1.2 of the standard is amended to read as follows:  
9.1.2. Lighting alterations. For the alteration of any lighting system in an interior  
space, that space shall comply with the lighting power density (LPD) requirements of  
section 9 applicable to that space and the automatic shutoff requirements of section  
9.4.1.1. For the alteration of any lighting system in an exterior building application, that  
lighting system shall comply with the lighting power density (LPD) requirements of  
section 9 applicable to the area illuminated by that lighting system and the applicable  
control requirements of sections 9.4.1.4(a) and 9.4.1.4(b). These alterations shall include  
all luminaires that are added, replaced, or removed. This requirement shall also be met  
for alterations that involve only the replacement of lamps plus ballasts. Alterations do  
not include routine maintenance or repair situations.  
Exception: Alterations that involve less than 50% of the connected lighting load in a  
space or area do not have to comply with these requirements, provided that such  
alterations do not increase the installed LPD.  
History: 2017 AACS.  
R 408.31099 Rescission.  
Rule 1099. R 408.31001 to R 408.31055 of the Michigan Administrative Code,  
appearing on pages 4149 to 4152 of the 1979 Michigan Administrative Code and pages  
602 and 603 of the 1981 Annual Supplement to the Code, are rescinded.  
History: 1998-2000 AACS.  
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