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:

2019-118 LR

Title of proposed rule set:

Part 5 Residential Code

3. Purpose for the proposed rules and background:

The rules currently adopt by reference Chapters 1 and 2 of the International Residential Code. The

bureau is revising the above rules that are in Part 5. Residential Code, to correct conflicts and

inconsistencies between the two chapters of the Residential Code and the Stille-DeRossett-Hale

Single State Construction Code Act 230 PA 1972 and the Skilled Trades Regulation Act, 407 PA

2016.

4. Summary of proposed rules:

The proposed rule set (2019-118 LR) currently adopts by reference Chapters 1 and 2 of the

International Residential Code. The bureau is revising these rules to correct conflicts and

inconsistencies between the two chapters of the Residential Code, the Stile-DeRossett-Hale Single

State Construction Code Act 230 PA 1972 and the Skilled Trades Regulation act, 407 PA 2016.

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

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Newberry News- Published on September 2, 2020

MLive Ann Arbor- Published on August 30, 2020

The Morning Sun- Published on September 3, 2020

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

9/15/2020

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

9/17/2020 09:00 AM at Zoom or Conference Call , https://zoom.us/j/93758972177?

pwd=TXJibjhaUGRucWIvMENDK0lLMVhFdz09 or Conference Call: 1-888-873-8017 Conference

Code: 109987

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=104

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

Alesha Gensler: Deputy Director for BCC

Anthony Snyder- Administrative Law Specialist with BCC

Jonathan Paradine: Chief of the Building & Residential Division in BCC

Amanda Johnson- Rules Analyst in BCC

10. Persons submitting comments of support:

None

11. Persons submitting comments of opposition:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Mr. 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 Residential Code: R

103.1, R 103.2, R 103.3, R 104.2, R 104.3, R 104.5, R 104.6, R 104.7, R 104.8, R 104.8.1, R 104.10,

R 105.3, R 105.3.1, R 105.3.2, R 105.6, R 105.9, R 106.2, R 108.1 to R 108.2, R 108.3, R 108.4, R

108.5, R 108.6, R 109.1, R 109.1.5, R 110.1, R 110.2, R 112.2, R 112.3, R 112.4, R113.1 to R 113.3,

and R 113.4.

Mr. Lee Swartz- Representing the Home Builders Association of Michigan.

Mr. Swartz inquired why the department deleted the following sections of the Residential Code: R

103.1 R 104.2, R 104.3, R 104.5, 104.7, R 105.3, R 105.3.1, R 105.6, R 105.9, R 109.1, R 112.2, R

112.4, R 114.1, and R 114.2. Also, Mr. Swartz questioned why the following definitions were

deleted: Attic, Building Inspector, Building, Building Official, and Registered Design Professional.

Mr. Swartz also inquired why the Bureau amended R 104.6, and did not include R 104.7, R 104.10, R

105.3.3, R 106.2, R 108.1, R 109.1.5, R 110.1, R 110.2, R 111.2, R 113.1, in the rules. Also, the

amendments of the following rules R 101.3, 102.7, 104.1, and 106.5.

Mrs. M.J.D’Smith- Representing the Michigan Air Conditioning Contractors Association.

Mrs. M. J.D’ Smith inquired the following: for the bureau to either remove R 105.2 (c) (xi) in its

entirety or include the word “ outdoor” in R 105.2 (c)(xi) as shown here: (xi) When changing or

relocating a gas meter or regulator, a permit is not required when installing gas piping “OUTDOOR”

which shall be limited to 10 feet (3 005 mm) in length and not more than 6 fittings and relace.

Mr. Roger Papineau – Representing himself.

Mr. Papineau inquired the following: in R 408.30501c by deleting the following reference “ the

international property maintenance code”. Act 230 of 1972 does not adopt the IMPC. Section R102.7

is the only reference to the international property maintenance code and contains no specific section

reference in this code. This amounts to a quasi-adoption of the IMPC which is beyond the purview of

the Department. In R 408.30505 (section R 105.2) Mr. Papineau would like the word “ porches”

deleted from (x). To add in the definition section ( R 408.30513) Registered Design Professional.

Mr. Phil Forner – Allendale Heating Company Inc.

Mr. Forner inquired the following: he does not want R 408.30505 (c) (xi) included in the rule set.

Mr. Wayne Jewell- Building Official, Green Oak Charter Township

Mr. Jewell inquired why the bureau deleted provisions that were redundant because it will not

improve the quality or usability of the code. Mr. Jewell wants R 408.30505 to keep “ Work exempt

from permit”. In R 408.30504 add “ Right of Entry”. Add back in the following definitions:

Registered design professional and Building inspector.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

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

public comment period:

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Mr. Wayne

Jewell-

Building

Official, Green

Oak Charter

Township

Mr. Jewell

submitted the

following

comment in

writing: As the

first of the

-R 408.30505,

Section R105.2:

The department

chose to keep

“Work exempt

from permit”

R 408.30505

R 408.30504

R 408.30513

attached pages

because it helps

you'll see a copy define what that

of page iii of the section will cover

2015 Michigan

Residential Code.

That page

within the rule set.

-R 408.30504,

expresses that the Section R104.6:

Code is a Added in the new

"comprehensive, language for “

stand alone Right of entry” so

residential code it is updated with

establishing the the code.

minimum

regulations for

one- and two-

-R 408.30513:

Section 513: we

family dwellings added back in the

and townhouses." following

Therefore,

definitions “

striking language Registered design

that is repetitive professional” and

to that in the Act “ Building

only reinforces

inspector” to help

those provisions. clarify the

Redundancy

definitions within

doesn't create or the rule set.

define a conflict

or inconsistency.

It is just that a

redundant

provision or

regulation. Any

inconsistencies

should be

corrected to

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

correlate not be

removed. Most

importantly it

places ALL the

provisions and

regulations in a

user's hands in a

single document.

My first question

is which set of

proposed rules

are being used at

the hearing? The

proposed rules

obtained from the

bureau website

following the link

from the hearing

announcement

are not the same

as the rules

posted on the

ARS page of the

State of Michigan

website. Which is

correct?

The remainder of

this

communication is

using the rules

posted on the

BCC web page.

In the proposed

Strike out and

Bold document

there are

numerous places

where there is an

inconsistency of

section citations.

For example, as

cited "Rule 501b.

Sections 101.3

and 101.4" don't

exist in the

Residential Code.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

Sections 8101.3

and R101.4 do;

the example

sections above

without a prefix

"R" do represent

sections of the

Building Code.

Those proposed

rule changes are

an entirely

different set of

rules proposed —

confusion should

be eliminated.

Following is an

outline or

description of

content of the

following

attached pages.

Which are being

presented mostly

in opposition to

the proposed rule

changes for

Chapters 1 and 2

of the 2015 MI

Residential Code.

Because they

appear to violate

or go beyond

what was

authorized with a

defined scope in

ORR 2018-054

LR. That defined

scope allowed

rules "to correct

conflicts and

inconsistencies

between the two

chapters of the

Residential Code

and the Stille-

DeRossett-Hales

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

Single State

Construction

Code Act 230 PA

1972". What has

been presented in

my opinion goes

beyond that scope

in several

instances; which

I'll provide a

justification as to

why. It is

requested that a

reason be

presented as to

why these

changes are

within the limits

of the scope of

ORR 2018-054

LR.

Materials

provided on the

BCC web page

regarding these

proposed changes

by the BCC were

converted into a

Word format. The

first document is

the comparison of

existing verses

proposed

language. I've

presented my

reason for

recommending

denial at the

beginning of the

document, so it is

not lost or missed

at the end.

In the Strike out

and bold

document —

Comments are

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

made after each

proposal or

section. Many

proposed rule

changes bring

inconsistency

between the rules

and the Act.

Deleting

provisions that

are redundant

doesn't improve

the quality or

usability of the

code. Instead it

will create

conflicts and

controversy

because things

like site plan

requirements are

not clear, no

means to actually

modify the code

provisions to

meet a unique

situation. Yet

allow procedures

to be developed

that could

conflict with the

Act.

I had participated

in the "non-

official hearing"

last August for

proposed rules to

the building code.

Many of these

same issues were

raised and written

suggestions were

submitted for

improvement to

proposed

language and met

MCL 24.242 and 24.245

Agency Report to JCAR-Page 9

what was

expressed as the

intent of the rule

changes. Those

suggestions

seemed to have

been totally

ignored and what

is before us is

rules proposed or

deletion of

existing language

that will create

conflict and

controversy

regarding the

enforcement and

administration of

the Act and code.

Act 1972 PA 230

refers in several

places that

enforcement is

required of both

the Act and the

code as created

via the rules.

These rules have

served our state

well over the past

47 years, are they

perfect no — but

they are very

good. Why mess

that up, when a

few changes

could improve an

already good

code that has

consistency with

the Act?

13.Date report completed:

3/9/2021

MCL 24.242 and 24.245