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 Codes - Part 5. Residential Code  
5. Rule numbers or rule set range of numbers:  
R 408.30500 - R 408.30547g  
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 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.  
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 to promulgate the proposed rules is found in section 4 of 1972 PA 230, MCL  
125.1504, and Executive Reorganization Order Nos. 2003-1, 2008-4, and 2011-4, MCL  
445.2011, MCL 445.2025, and MCL 445.2030. The rules are mandated by section 4 of the  
1972 PA230, MCL 125.1504(5), which provides 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.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
The rules are mandated by section 4 of 1972 PA 230, 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.  
MCL 24.239  
RFR-Page 2  
There are no similar rules or regulations adopted by the state, regional, or federal government.  
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 that is 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?  
The rules are listed on the department's annual regulatory plan as rules to be processed for the  
current year.  
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, regional, 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.  
These rules do incorporate the recommendations received from the public regarding any complaints  
or comments regarding these rules. The comments or complaints from the public came 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 date of evaluation for this rule set was within the last year. The Bureau has to update the  
rules to be in line with the 2021 IRC. The 2021 IRC has more up to date codes and technologies for  
the industry to use.  
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  
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  
;