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The desired outcome is to bring the Michigan Energy Code rules in line with current and IECC and ASHRAE
standards, to eliminate unnecessary requirements in the code, improve clarity, and align 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 being 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(5): The Stille-DeRossett-Hale Single State Construction Code Act requires the agency to update the
codes not less than once every 3 years to coincide with the national code change cycle.
42 U.S.C. Sec. 6833(b): (1) Not later than 2 years after October 24, 1992, each State shall certify to the Secretary that
it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such
certification shall include a demonstration that such State's code provisions meet or exceed the requirements of
ASHRAE Standard 90.1-1989.
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 2021 IECC and ASHRAE standard 90.1-2019 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 408.31087a, R 408.31087b,
R 408.31088, R 408.31090, R 408.31091, R 408.31092a, R 408.31094, R 408.31095, R 408.31096, R 408.31097, R
408.31098, R 408.31098a, and R 408.31098b.
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.
12. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the
burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative
acts.
MCL 24.245(3)