Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

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:

Amanda Johnson

Phone number of person completing this form:

517-241-3408

E-mail of person completing this form:

JohnsonA39@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2019-117 LR

Title of proposed rule set:

Part 7 Plumbing Code Rules

3. Purpose for the proposed rules and background:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Part 7 of the Construction Code currently adopts by reference the 2018 edition of the International

Plumbing Code (IPC), which is based on plumbing principles used in plumbing codes across the

country. Part 7 also includes rules that amend the IPC that address plumbing practices that are

specific to Michigan and deletes those requirements in the IPC that do not pertain to Michigan

because of the State’s geographic and environmental features. The proposed rules will adopt by

reference the 2018 edition of the IPC 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 State’s residents by regulating the installation and inspection of plumbing within the

state.

Adoption of the 2018 edition of the IPC as well as an update of the rules could result in cost savings

for homeowners and contractors who will be able to use the latest materials and technology as a result

of the revision of the rules.

4. Summary of proposed rules:

Part 7 of the Construction Code currently adopts by reference the 2018 edition of the International

Plumbing Code (IPC), which is based on plumbing principles used in plumbing codes across the

country. Part 7 also includes rules that amend the IPC that address plumbing practices that are

specific to Michigan and deletes those requirements in the IPC that do not pertain to Michigan

because of the State’s geographic and environmental features. The proposed rules will adopt by

reference the 2018 edition of the IPC with amendments, deletions, and additions deemed necessary

for use in Michigan.

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

publication dates:

The Morning Sun: Publication date August 7, 2020.

Newberry News: Publication date August 12, 2020.

MLive Ann Arbor: Publication date August 9, 2020.

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

8/15/2020

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

9/3/2020 09:00 AM at Zoom , https://zoom.us/j/95546569772?

pwd=K05nZ3pLQktuSjB5WXNydFJubHdtUT09

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=103

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

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

- Kevin Kalakay: BCC Mechanical Manager

- Andy Neuman: BCC Plumbing Manager

- Alesha Gensler: Deputy Director of BCC.

- Anthony Snyder: Legislative Analyst

- Amanda Johnson- Rules Analyst / Hearing Officer

10. Persons submitting comments of support:

None.

11. Persons submitting comments of opposition:

William Hordyk: Representing himself and the Metro Building Inspectors of Greater Grand Rapids.

Mr. Hordyk inquired why the department deleted the following sections of the Plumbing Code:

103.1 to 103.3, 104.2, 104.5 to 104.7, 105.3 to 105.3.3, 106.3, 106.3.3, 106.5.5, 108.3, 108.5, and

109.1

Below is the reasoning why the following sections were deleted from the Plumbing

Code:

The following sections exceeds the scope of PA 230 103.1, 103.2, 103.3, and

106.3.3.

The following sections are provided for in PA 230 104.2, 104.5, 104.6, 104.7, 105.3,

105.3.1, 105.3.2, 105.3.3, 106.3, 106.5.5, 108.3, 108.5, and 109.1.

12. 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

Comments

Agency Rationale Rule number

for change

& citation

changed

William

Hordyk

Mr. Hordyk wanted to

Section 105.1 was 105.1

know why we are

deleting or amending

105.1 and 106.3.2 .

going to be

106.3.2

excepted out in R

408.30701 but the

department

Mr. Hordyk inquired

the following:

decided to keep

the section in the

rule set. This will

continue the

In review of the

proposed rule changes,

I would like to raise an

objection to the

deletion of substantial

portions of the

option for

inspectors to make

modifications if

something is

exactly specific

within the Code,

but doesn’t require

administrative section

(chapter 1) of the

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Plumbing Code. These

a need to seek a

variance in front

of the local Board

of Appeals.

sections identified for

deletion have existing

in the model code and

MI versions of that

code since the

promulgation of the

2000 codes. Similar

language has also been

a part of the MI

Section 106.3.2

was going to be

excepted out in R

408.30701 but the

department

adopted codes from

the formation of PA

230 0f 1972 without

being modified by

administrative rules.

Why is it now that the

director has

decided to keep

this in the rule set.

This provision will

provide an

inspector an

option to

preliminarily

determined to throw

out over 50 years of

precedence and claim

that these sections of

code are in

inspect a work

site, which gives

more clarity than

is provided in PA

230.

contradiction to the

Act? I ask the director

to respond with

reasoning for the

deletions, and specific

reasoning for each of

the following sections

identified for deletion

from the 2018

International Plumbing

Code : 103.1 to 103.3,

104.2, 104.5 to 104.7,

105.1, 105.3 to

105.3.3, 106.3,

106.3.2, 106.3.3,

106.5.5, 108.3, 108.5,

and 109.1.

13.Date report completed:

2/9/2021

MCL 24.242 and 24.245