Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

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

Email of person completing this form:

WilliamsonT5@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

RULE SET INFORMATION:

MOAHR assigned rule set number:

2021-48 LR

Title of the proposed rule set:

Construction Code - Part 10. Michigan Uniform Energy Code

1. Purpose of the proposed rules and background:

The Michigan Uniform Energy Code residential energy rules currently adopt the 2015 International Energy

Conservation Code (IECC). The current rules are outdated and require a revision to reflect the latest in technology

and materials.

2. Summary of the 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.

3. 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.

4. Date of publication of the proposed rules and notice of public hearing in the Michigan Register:

2/15/2024

5. Date, time, and location of the public hearing:

2/22/2024 09:00 AM at Michigan Library & Historical Center. First Floor Forum , Michigan Historical Center, 702 W

Kalamazoo St, Lansing, MI 48915

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

on its website:

MCL 24.242 and 24.245

Agency Report to JCAR -Page 2

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1306

7. 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

8. Persons submitting comments of support:

Carlee Knott, Environmental Council (20 Recipients Signed in support of same comments.)

Claire McKenna, UM Center for Sustainable System Code Hearing

Dr. Gregory Keoleian, University of Michigan

Dr. Joshua Newell, University of Michigan

Shoshannah Lenski, University of Michigan

Eric Lacey, Responsible Energy Codes Alliance (RECA)

Grace Michienzi, Senior Dir. Michigan Energy Innovation Business Council (EIBC)

Jami Des Chenes, Michigan Chemistry Council

Jane McCurry, Clean Fuels Michigan

Jason Vandever, North American Insulation Manufacturers Association (NAIMA)

Jeffrey Mang, Polyisocyanurate Insulation Manufacture Association (PIMA)

Justin Koscher, Polyisocyanurate Insulation Manufacture Association (PIMA)

Jose Reyna, GreenHouse Institute

Lauren Reeg Rocky Mountain Institute (RMI)

Mike Berkowitz, Elevate

Joshua Lynch, Home Ventilating Institute (HVI)

Jacki Donner, Home Ventilating Institute (HVI)

9. Persons submitting comments of opposition:

Amanda Fisher, National Federation of Independent (NFIB)

Isabella Gross, Midwest Energy Efficiency Alliance (MEEA)

Paige Knutsen, Midwest Energy Efficiency Alliance (MEEA)

James Babcock, Representing Self

James Goriesky, Representing Self

John Olson, Representing Self

Luke Albrecht, Representing Self (The Bureau received 130 duplicated emails)

Mark LeVasser, Representing Self (The Bureau received 154 duplicated emails)

Matthew Cole, Representing Self

Paul Aragona, Representing Self (The Bureau received 271 duplicated emails)

Robert Filka, CEO Home Builders Association of Michigan

Andy Kosick, President, Home Builders Association of Michigan

Lee Schwartz, Home Builders Association of Michigan

Holly Stockley, Representing Self

10. Persons submitting other comments:

Nathaniel Love, American Chemistry Council

Amy Schmidt, American Chemistry Council

Chris McTaggart, Dream DET

Sonya Pouncy, Representing Self.

Don Nelson, DR Nelson & Associates

Keith Nelson, DR Nelson & Associates

Jan Culbertson, AIA Michigan & MI 2030 Districts

MCL 24.242 and 24.245

Agency Report to JCAR -Page 3

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

comment period:

Name &

Comments Made at Written Comments

Agency Rationale for Rule Rule Number &

Organization Public Hearing

Change & Description of

Change(s) Made

Citation

Changed

Jan Culbertson Jan Culbertson

(AIA Michigan supports the

Removing “, and Appendix

RC,” ꢀadding “and” before

appendix RA. ꢀ ꢀAdding

statement “The provisions

contained in Appendix RB

are specifically adopted and

authorized as mandatory

requirements. The provisions

contained in Appendix RC

are specifically adopted and

authorized as permissive

guidelines and shall not be

mandated by an enforcing

agency.” ꢀ ꢀ ꢀ

R 408.31059

& MI 2030

Districts)

adoption of the

proposed Michigan

Uniform Energy

Code, Part 10 with

the inclusion of IECC

Appendix RC.

Robert Filka,

Home Builders

Association of

Michigan,

Robert Filka proposed The Agency is moving

that R 408.31069 Air forward with the following

Leakage be amended. recommendations suggested

by Robert Filka as follows: ꢀ

ꢀUn-rescinded R

R 408.31069

(HBA)

408.31069 Air Leakage

except for sections: R402.4,

R402.4.1, R402.4.1.1,

R402.4.1.2, R402.4.2,

R402.4.3, R402.4.4, and

Table R402.4.1.1 ꢀ ꢀ

Added language “Section

R402.4.6 of this code is

amended to read as

follows:” ꢀ ꢀAdded

language " R402.4.6

Electrical and communication

outlet boxes (air-sealed

boxes). Electrical and

communication outlet boxes

installed in the building

thermal envelope shall be

sealed to limit air leakage

between conditioned and

unconditioned spaces.” ꢀ

12. Date report completed:

5/7/2026

MCL 24.242 and 24.245