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The desired outcome is to bring the Michigan Energy Code rules in line with current IECC standards, to eliminate
unnecessary requirements in the code, improve clarity, and align all codes with the Michigan rules. The rules are
designed to provide consumer safety while allowing latitude for innovation and new technologies. Overall, this code is
intended to protect the health, safety, and welfare of the public from potential dangers associated with the installation
and operation of more energy efficient designs while ensuring sustainable human welfare.
7. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood
that the harm will occur in the absence of the rule.
Without implementation of the proposed rules, the businesses would not be able to take advantage of new methods,
materials, or technologies leading to improved energy efficiency. The rules are designed to provide consumer safety
while allowing latitude for innovation and new technologies. Overall, this code is intended to protect the health, safety,
and welfare of the public from potential dangers associated with the installation and operation of more energy efficient
designs while ensuring sustainable human welfare.
A. What is the rationale for changing the rules instead of leaving them as currently written?
MCL 125.1504(6): The director shall add, amend, and rescind rules to simultaneously update all chapters of the
Michigan residential code not less frequently than once every 6 years or more frequently than once every 3 years as
the director determines is appropriate.
42 U.S.C. Sec. 6833(a): The state, not later than 2 years after the date of the publication of a determination by the
Secretary of Energy that revision of residential energy efficiency code standards would improve energy efficiency
(CABO Model Energy Code, 1992, or any successor), to certify that it has reviewed the provisions of its residential
building code regarding energy efficiency and made a determination as to whether it is appropriate for the state to
revise the residential building code provisions to meet or exceed the revised code for which the Secretary made such
determination.
8. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a
regulatory environment in Michigan that is the least burdensome alternative for those required to comply.
Aligning the Michigan Energy Code with the 2021 IECC will protect the health, safety, and welfare of Michigan
citizens while promoting a regulatory environment that is the least burdensome alternative for those required to
comply. These rules ensure the ongoing assessment of safety in various energy efficient measures and training of staff
to keep current with the most updated information. The rules are designed to provide consumer safety while allowing
latitude for innovation and new technologies. Overall, this code is intended to protect the health, safety, and welfare of
the public from potential dangers associated with the installation and operation of more energy efficient designs while
ensuring sustainable human welfare.
9. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.
The following rules are unnecessary because they are outdated and will be rescinded: R 408.31060c, R 408.31060e,
R 408.31061, R 408.31062, R 408.31063, R 408.31063a, R 408.301064, R 408.31065, R 408.31069, R 408.31070,
R408.31071, and R 408.31071a.
Fiscal Impact on the Agency
Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,
higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently
expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of
time saved or lost, etc., unless those issues result in a measurable impact on expenditures.
10. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings
for the agency promulgating the rule).
The proposed rules have no fiscal impact to the agency beyond the current operational costs.
11. Describe whether or not an agency appropriation has been made or a funding source provided for any
expenditures associated with the proposed rules.
The proposed rules will not result in additional fiscal impact on the agency. Thus, there is no need for an additional
appropriation or funding source as a result of the changes in the rules.
MCL 24.245(3)