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:

2022-16 LR

Title of proposed rule set:

Construction Codes - Part 5. Residential Code

3. Purpose for the proposed rules and background:

The proposed rules will adopt by reference the 2021 edition of the International Residential Code

(IRC) with amendments, deletions, and additions deemed necessary for use in Michigan and to bring

our code up to date.

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 residential installation and inspection 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 28, 2024.

The Oakland Press on February 28, 2024.

The Mining Journal on February 26, 2024.

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

3/15/2024

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

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

3/21/2024 09:00 AM 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=1375

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:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Bert Gale, Building Official, numerous Jurisdictions

Gerald O’Conner, Eaton Corporation

David Williams, IAEC Michigan Chapter

Joel Tobias, Electrical Inspector, City of Livonia

Paul Waug, Electrician, Representing Self

Doug Scott, Electrical Inspector, multiple Jurisdictions

John Stoudt, Electrical Inspector

Paul Kaiser, Schneider Electric

Beau Burten, Detroit Electrical Industry Training Center

Chris Cleveland, President of International Association of Electrical Inspectors

Brian Baughman, National Electrical Manufacturers Association

David Worthams, Michigan Manufacturers Association (MMA)

Don Iverson, Schneider Electric

Ed Lisinski, American Wood Council

Cary Keblaitis, Electrical Inspector

Scott Weaver (The Bureau received 9 duplicated emails)

John Danic

Keith King

Mark Taber

Larry Colegrove

Robert Brackett

Chris Cleveland (U of M Electrical Code Inspector)

Richard Manson (Electrical JATC)

Gary Grohman

Eric Simmon

Mike Bozung (Centennial Electric)

Troy Strang (Centennial Electric)

John Keil

Dennis Cassady

Jasmin Sinkular, PhD (SELE Solutions LLC)

John Stoudt

Brian Lewis

Gary Lazette

Soper Jed

John Keetch

Jeff Nichols

Michael Cox

Michael Ferrell

Eric Swisher

Rick Hamiliton (City of Coldwater, Electrical Inspector)

11. Persons submitting comments of opposition:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Robert Williams, Sprinklers Local 704

Joe Troutt, Local 704 Sprinkler Fitters Detroit

Greg Herman, Sprinklers Local 704

Mark McManus, Sprinklers Local 704

Patrick Kellett, Sprinklers Local 704

Michael Pleasant, Sprinklers Local 704

Robert Filka, Home Builders Association of Michigan

Lee Schwartz, Home Builder Association of Michigan

Dawn Crandall, Home Builder Association of Michigan

Deborah R. MacKenzie-Taylor, Ph.D., Retired Toxicologist

Doug Armstrong, Fire Chief, (The Bureau received 5 duplicated emails)

Jane Mackenzie, Representing Self, (The Bureau received 127 duplicated emails)

Sid Browne, Retired Building Official

T.R Wentworth II, Representing Self

Brad Ward, VP of Public policy affairs, Michigan Realtors

Matt Hall, House Republican Leader

William Hordyk, Building Official, Grand Rapids

Kenneth Myre, Representing Self

Nicholas Malerbi , Representing Self, (The Bureau received 13 duplicated emails)

Michael Alaimo

12. Persons submitting other comments:

Aaron Keatley, Chief Deputy Director, Environmental Great Lakes and Energy

Jeffrey Bowdell, City of Farmington, Building Official

Evan Detone, Representing Self

Jeff Yaroch, JD, Former State Representative

Mark Stimac, Compliant by Design

Martin Van Berlo, Emmet County Building Official

Thomas Deary, Director of Codes, Air-Conditioning, Heating, and Refrigeration Institute

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

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Thomas Deary,

Air-

Conditioning,

Heating, and

Refrigeration

Institute

Thomas Deary

proposed that

BCC amend R

408.30500 to

include Chapter suggested by

44 reference

standards.

The Agency is

R 408.30500

moving forward

with the following

recommendations

Thomas Deary as

follows:

•The agency made

the following

amendments to R

408.30500

Applicable code:

1.Added the

language

"ASHRAE 34-

2022 edition:

Designation and

Safety

Classification of

Refrigerants can

be purchased at

www.techstreet.co

m/ashrae for

$178.00."

2. R114.4 is in

statue, therefore is

being excepted

out.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

2

William

William Hordyk The Agency is

R 408.30534

Hordyk Metro

Building

Inspectors

Association of

Greater Grand

Rapids

proposed that

BCC amend R

408.30534 to

update the

incorrect

referenced

moving forward

with the following

recommendations

suggested by

William Hordyk as

follows:

Appendix.

•The agency made

the following

amendments to

R408.30534

Venting:

1.Amended

“appendix N” to

“appendix AN”

The Agency is

moving forward

3

Greg Herman

(Sprinkler

Fitters Local

704)

Greg Herman

proposed that

R 408.30539a

BCC would not with the following

rescind R

recommendations

suggested by Greg

Herman as

408.30539a

Automatic Fire

Sprinkler

follows:

Systems.

1.The agency un-

rescinded

R408.30539a

Automatic fire

sprinkler systems:

2.Added “R313.2”

to Rule 539a list

of section

numbers.

3.Amended

“R313.1 Design

and installation.”

to reflect

“Townhouse

automatic fire

sprinkler systems.

An automatic

sprinkler system

may be installed in

MCL 24.242 and 24.245

Agency Report to JCAR-Page 7

townhouses.

Exception: an

automatic

sprinkler system

may not be

required where

additions or

alternations are

made to existing

townhouses that

do not have an

automatic

sprinkler system

installed.

”

4.Added “R313.2

One-and two-

family dwellings

automatic

sprinkler system.

An automatic

sprinkler system

may be installed in

one-and two-

family dwellings.

Exception: An

automatic

sprinkler system

may not be

required for

additions or

alterations to

existing buildings

that are not

already provided

with a sprinkler

system.

4

Robert Filka,

Home Builders

Association of

Michigan,

Robert Filka

proposed that R moving forward

408.30547d with the following

Building thermal recommendations:

envelope be

The Agency is

R 408.30547d

(HBA)

amended.

1.un-rescinded

R408.30547d

Building thermal

envelope.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 8

2.Added language

“Section

N1102.4.6 of this

code is amended

to read as

follows:”

3.Added language

" N1102.4.6

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.”

4.Strikethrough

Sections

N1102.2.6,

N1102.2.12,

N1102.3.3,

N1102.3.6,

N1102.4,

N1102.4.1.1,

N1102.4.1.2,

N1102.4.2,

N1102.4.3,

N1102.4.4, tables

N1102.1.1,

N1102.1.3, and

N1102.4.1.1

14.Date report completed:

7/8/2024

MCL 24.242 and 24.245