Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Construction Codes

Name of person completing this form:

Tony Williamson

Phone number of person completing this form:

517-241-9303

E-mail of person completing this form:

WilliamsonT5@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2021-49 LR

Title of proposed rule set:

Construction Code - Part 10a. Michigan Energy Code

3. Purpose for the proposed rules and background:

The Michigan Energy Code Part 10a, which applies to buildings and structures, currently adopts the

2015 edition of the International Energy Conservation Code (IECC). The current Michigan Energy

Code rules for commercial compliance are outdated and require revision to reflect the latest in

accepted technology and materials. The rules currently being applied do not reflect the current

technology or materials available to achieve efficient use of energy.

4. Summary of proposed rules:

The proposed rules provide the latest standards to protect the health and promote the safety and

welfare of the State of Michigan residents by regulating the installation and inspection of energy

within the state.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Morning Sun on February 1, 2024

The Oakland Press on February 1, 2024

The Mining Journal on January 31, 2024

6. Date of publication of rules and notice of public hearing in Michigan Register:

2/15/2024

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

7. Date, time, and location of public hearing:

2/22/2024 01:00 PM at Michigan Library & Historical Center. First Floor Forum , Michigan

Historical Center, 702 W Kalamazoo St, Lansing, MI 48915

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1307

9. List of the name and title of agency representative(s) who attended the public hearing:

Tony Williamson, Rules Analyst, Bureau of Construction Codes

Shannon Maurer, Manager, Bureau of Construction Codes

Tracie Pack, Manager, Bureau of Construction Codes

Alesha Gensler, Division Director, Bureau of Construction Codes

Jonathan Paradine, Division Director, Bureau of Construction Codes

Keith Lambert, Deputy Director, Bureau of Construction Codes

Andrew Brisbo, Director Bureau of Construction Codes

10. Persons submitting comments of support:

Jan Culbertson, AIA Michigan & MI 2030 Districts

Jeffrey Ferweda, AIA Michigan

Grace Michienzi, Michigan Energy Innovation Business Council (EIBC)

Carlee Knott, Environmental Council (Bureau received 20 Recipients in support of same comments,

See page 12 of written comments)

Mike Berkowitz, ELEVATE

Jami Des Chenes, Michigan Chemistry Council

Jane McCurry, Clean Fuels Michigan

Jeffrey Mang, Polyisocyanurate Insulation Manufacture Association (PIMA)

Justin Koscher, Polyisocyanurate Insulation Manufacture Association (PIMA)

Jose Reyna, GreenHome Institute

Lauren Reeg, Rocky Mountain Institute (RMI)

Eric Lacey, Responsible Energy Codes Alliance (RECA)

11. Persons submitting comments of opposition:

Isabella Gross, Midwest Energy Efficiency Alliance (MEEA)

Paige Knutsen, Midwest Energy Efficiency Alliance (MEEA)

Tim Mrozowski, Architecture Design Planning (A.I.A)

Charlie Pullum, Pullum Window Corporation

12. Persons submitting other comments:

Arn McIntyre, Performance Home Corporation

Nate Love, American Chemistry Council

Amy Schmidt, American Chemistry Council

Fabrice Smieliauskas, Representing Self

Sonya Pouncy, Detroit Chapter of ASHRAE

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

Jan Culbertson

(AIA Michigan

& MI 2030

Jan Culbertson

supports the

adoption of the

proposed

Removing “, and R 408.31087

Appendix CC,”

adding “and”

Districts)

before appendix

Michigan

CA.

Uniform Energy

Code, Part 10a

Adding statement

with the inclusion “The provisions

of IECC

contained in

Appendix CC.

Appendix CB are

specifically

adopted and

authorized as

mandatory

requirements. The

provisions

contained in

Appendix CC are

specifically

adopted and

authorized as

permissive

guidelines and

shall not be

mandated by an

enforcing agency.”

Removed

“,Including

appendix CB,”

14.Date report completed:

6/3/2024

MCL 24.242 and 24.245