Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Construction Codes  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Construction Code - Part 10a. Michigan Energy Code  
5. Rule numbers or rule set range of numbers:  
R 408.31087 R 408.31099  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Tony Williamson  
Email of person filling out RFR:  
WilliamsonT5@michigan.gov  
Phone number of person filling out RFR:  
517-241-9303  
Address of person filling out RFR:  
611 W. Ottawa Street, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Michigan Energy Code Part 10a, which applies to buildings and structures, currently adopts the  
2015 edition of the International Energy Conservation Code (IECC). The current Michigan Energy  
Code rules for commercial compliance are outdated and require revision to reflect the latest in  
accepted technology and materials. The rules currently being applied do not reflect the current  
technology or materials available to achieve efficient use of energy.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
Department Director and Boards & Commission.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The authority for the proposed rules is Section 4 of the Stille-DeRossett-Hale Single State  
Construction Code Act, 1972 PA 230, MCL 125.1504 and Executive Reorganization Order Nos.  
2003-1, 2008-4 and 2011-4, MCL 445.2011, 445.2025 and MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
These rules are mandated pursuant to MCL 125.1504(5), which provides that the director shall  
add, amend, and rescind rules to update the code not less than once every three years to  
coincide with the national code change cycle.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulations adopted by the state or federal government.  
MCL 24.239  
RFR-Page 2  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
There is no subject matter in these rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
Yes, these rules are included in LARA's 2021- 2022 Annual Regulatory Plan.  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulations adopted by the state or federal government.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
There rules do incorporate the recommendations received from the public regarding any complaints  
or comments reading these rules. The comments or complaints from the public come from either the  
Public Informal Advisory Meeting or from the Proposed Rule/Code Change Request Form.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules and  
the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The last amendment to these rules was in 2017. These rules are being changed to adopt the newest  
International Energy Conservation Code (IECC).  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, there have been no changes or developments since implementation that indicate the rules or any  
portion of the rules to be discontinued.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal  
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;