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The desired outcome is to bring the Michigan Building Code rules in line with the 2021 IBC 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 building 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 building 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
building 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.
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 Building Code with the 2021 IBC 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 building 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 408.30401a, R 408.30403, R
408.30404, R 408.30408, R 408.30410, R 408.30411, R 408.30428, R 408.30430, R 408.30441, R 408.30442, and R
408.30443.
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 on 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.
The application of the rules and adopted IBC and ASHRAE standard is required to set the minimum standards for
building code compliance, fostering better solutions for the safety and care placed upon individuals and communities
in compliance with the Stille-DeRossett-Hale Single State Construction Code Act. Although there is no
administrative burden on the individual, each person must review expenses for the project and decide if costs match
budget. There will be an increase in upfront costs for materials for alterations, renovations, or building of a new
structure.
MCL 24.245(3)