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:

Amanda Johnson

E-mail of person filling out RFR:

JohnsonA39@michigan.gov

Phone number of person filling out RFR:

517-582-5519

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.

MCL 24.239

RFR-Page 2

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, 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, 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?

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.

MCL 24.239