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:

2022-55 LR

Title of proposed rule set:

Construction Code - Part 9A Mechanical Code

3. Purpose for the proposed rules and background:

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

(IMC), with amendments, deletions, and additions deemed necessary for use in Michigan. Part 9a. of

the Construction Code currently adopts by reference the 2015 edition of the IMC, which is based on

mechanical principals used in mechanical codes across the country. Part 9A also includes rules that

amend the IMC to address mechanical practices that are specific to Michigan and delete those

requirements in the IMC that do not pertain to Michigan because of the state’s geographic and

environmental features.

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

welfare of Michigan’s residents by regulating the installation and inspection of mechanical equipment

and systems within the state.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

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

(IMC), with amendments, deletions, and additions deemed necessary for use in Michigan. Part 9a. of

the Construction Code currently adopts by reference the 2015 edition of the IMC, which is based on

mechanical principals used in mechanical codes across the country. Part 9A also includes rules that

amend the IMC to address mechanical practices that are specific to Michigan and delete those

requirements in the IMC that do not pertain to Michigan because of the state’s geographic and

environmental features.

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

welfare of Michigan’s residents by regulating the installation and inspection of mechanical equipment

and systems within the state.

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

publication dates:

The Morning Sun - Published on July 27, 2023.

The Oakland Press - Published on July 27, 2023.

The Mining Journal - Published on July 27, 2023.

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

8/15/2023

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

8/22/2023 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=1414

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

Mr. Tony Williamson, Departmental Analyst, Bureau of Construction Codes.

Ms. Katherine Place, Departmental Analyst, Bureau of Construction Codes.

Mr. Kevin Kalakay, Chief Mechanical Inspector, Bureau of Construction Codes.

Mr. Matthew Gay, Lead Mechanical Inspector, Bureau of Construction Codes.

Ms. Tracie Pack, Manager, Building Trades Section, Bureau of Construction Codes.

Mr. Bryan Bryson, Manager, Administrative Section, Bureau of Construction Codes.

10. Persons submitting comments of support:

No persons submitted comments in support of the proposed rules.

11. Persons submitting comments of opposition:

No persons submitted comments in opposition of the proposed rules.

12. Persons submitting other comments:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Thomas Deary (Air-Conditioning, Heating, and Refrigeration Institute).

William Hordyk (Metro Building Inspectors Association of Greater Grand Rapids).

Ronald Shughart (Rheem Manufacturing Company).

Roger Papineau (Representing Self).

Dustin Howard (UA Local 333).

M.J. D'Smith (Michigan Air Conditioning Contractor's Association)

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

1

Thomas Deary

(Air-

Conditioning,

Heating, and

Refrigeration

Institute)

Thomas Deary

proposed that

Chapter 15

Reference

Standards:

The Agency

R 408.30901a

accepts Mr. Deary (3)

comments in full

and agree that

adding Chapter 15

Reference

ASHRAE 15-

2022, ASHRAE Standards will be

34-2022, in Michigan codes

UL/CSA 60335-2 and public best

-40-2022 and

UL/CSA 60335-2

-89-2021 should

be included

within the

interest.

Mechanical

Draft.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

2

Roger Papineau

Mr. Papineau

Submitted the

following

comments in

writing that the

The Agency

supports the

editorial change

correcting the

language in R

R 408.30905a

(b)

agency corrects a 408.30905a(b)

drafting error in Definitions: The

the proposed

Rules for

Construction

Code - Part 9A

Michigan Uniform

Energy Code” be

changed to reflect

“Michigan Energy

Mechanical Code Code” bringing

Rule Set 2022-55 the language up to

LR. He

date.

recommends that

the language in R

408.30905a

Definitions

Subdivision (b).

“The Michigan

Uniform Energy

Code” be

changed to reflect

“Michigan

Energy Code.”

Mr. Hordyk

3

William

The Agency

R 408.30935a

Hordyk (Metro

Buidling

proposed that R supports the

408.30935a does recommended

Official)

not identify a

section to be

added and no

change to R

408.30935a. The

agency agrees to

section number is correct R

given in the text. 408.30935a by

adding 507.6.1.1

Capture and

Containment

procedure and

correcting section

the field test

identified in

section 507.6.1.1

to 507.6.1.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

4

Thomas Deary

(Air-

Thomas Deary

proposed that

The Agency

accepts Mr. Deary

R 408.30947b

Conditioning,

Heating, and

Refrigeration

Institute)

Section 1101.1.1 comments in full

Refrigerants other and agree that

than Ammonia

should be

adding section

1011.1.1 will be in

included within Michigan codes

the Mechanical

Draft.

and public best

interest.

14.Date report completed:

10/19/2023

MCL 24.242 and 24.245