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:

2022-59 LR

Title of proposed rule set:

Construction Codes - Part 8. Electrical Code

3. Purpose for the proposed rules and background:

Part 8 of the Construction Code currently adopts by reference the 2017 edition of the National

Electrical Code (NEC), which establishes standards for the safe installation of electrical wiring and

equipment. Part 8 also includes rules that amend the NEC to address electrical practices that are

specific to Michigan. The 2023 version of the NEC, which is the most current edition, contains

provisions relating to revised standards and new materials. The proposed rules will adopt by

reference the 2023 edition of the NEC with amendments, deletions, and additions deemed necessary

for use in Michigan.

The NEC is one of the component codes of the State Construction Code. Rules will be updated to

allow the industry to take full advantage of new and improved materials and technologies that have

come into use since the 2017 version. Rules may also be rescinded as a result of updates to the

national standards.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Part 8 of the Construction Code currently adopts by reference the 2017 edition of the National

Electrical Code (NEC), which establishes standards for the safe installation of electrical wiring and

equipment. Part 8 also includes rules that amend the NEC to address electrical practices that are

specific to Michigan. The 2023 version of the NEC, which is the most current edition, contains

provisions relating to revised standards and new materials. The proposed rules will adopt by

reference the 2023 edition of the NEC with amendments, deletions, and additions deemed necessary

for use in Michigan.

The NEC is one of the component codes of the State Construction Code. Rules will be updated to

allow the industry to take full advantage of new and improved materials and technologies that have

come into use since the 2017 version. Rules may also be rescinded as a result of updates to the

national standards.

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

publication dates:

The Morning Sun - Published on August 24, 2023.

The Oakland Press - Published on August 24, 2023.

The Mining Journal - Published on August 24, 2023.

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

9/15/2023

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

9/21/2023 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=1418

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.

Mr. Lance Ash, Chief Electrical Inspector, Bureau of Construction Codes.

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

10. Persons submitting comments of support:

Don Iverson (Schneider Electric).

Beau Burton (Metro Detroit EITC).

John Danic (SEMCA).

John Stoudt (Representing Self).

Paul Kaiser (Schneider Electric).

Scott Weaver (Representing Self).

Dan Decker (Burglar and Fire Alarm Association of Michigan).

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

Anthony Yaroch (Representing Self).

Brandon Newport (Representing Self).

Jason Craig (City of Royal Oak, Building Official).

Craig Ortega (Consolidated Electrical Contractors).

Dan Pohl (Consolidated Electrical Contractors).

David Williams (International Association of Electrical Inspectors, Michigan Chapter).

Dan Decker (Safety Systems INC).

Gary Lazette (Representing Self).

Jeff Lotycz (Consolidated Electrical Contractors).

Jeff Welsh (Welsh & Sons Electric INC).

Jeremiah Keller (Consolidated Electrical Contractors).

John Keil (Representing Self).

Keith Woodcock (Representing Self).

Ken Simpson (Representing Self).

Mike Schmerl (Representing Self).

Phil Clark (Clark & Associates).

Rick Kinsman (Representing Self).

Rod Miller (Consolidated Electrical Contractors).

Ron Bellaire (Representing Self).

Tabytha Del Cid (Consolidated Electrical Contractors).

Thomas Bowes (Representing Self).

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 4

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

David

Mr. Williams

recommend

revising R

408.30801(1) to change to R

reflect the printed 408.30801(1).

edition of the

National

Electrical Code written comments,

The agency

supports the

recommended

R 408.30801

(1)

Williams,

(International

Association of

Electrical

Inspectors,

Michigan

Chapter)

While reviewing

Mr. Williams’

that’s being

adopted by the

the agency found

the code reference

State is beneficial errors were

because it brings references to an

code references outdated published

current that are

incorrect when

edition and needed

to reflect the

compared to the adopted edition.

most current

version of

National

Electrical code.

2

David

Mr. Williams

proposed that R supports the

408.30801(5) recommended

does not identify change to R

The agency

R 408.30801

(5)

Williams,

(International

Association of

Electrical

Inspectors,

Michigan

Chapter)

the three

408.30801(5) and

standards

referenced

believes that

providing

pricing and does clarification will

not clarify which provide clarity and

prices are related be in the public

to the designated best interest.

code book.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

Mr. Williams

3

David

The agency

R 408.30818

(4)(d)

Williams,

(International

Association of

Electrical

Inspectors,

Michigan

Chapter)

proposed that R supports the

408.30818(4)(d) recommended

does not provide change to R

clarity on which 408.30818 (4)(d)

date to use when and believes that

required to secure providing clarity

another permit

of the date to use

even though the after last

contractor had an inspection will be

inspection seven in the public best

days prior.

interest.

14.Date report completed:

10/19/2023

MCL 24.242 and 24.245