1
1
2
STATE OF MICHIGAN  
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF CONSTRUCTION CODES  
- - -  
3
4
5
PUBLIC HEARING  
6
THURSDAY, MARCH 21, 2024  
AT ABOUT 9:12 A.M.  
7
8
- - -  
9
MICHIGAN LIBRARY & HISTORICAL CENTER  
MICHIGAN HISTORICAL CENTER, FIRST FLOOR FORUM  
702 W. KALAMAZOO STREET  
LANSING, MICHIGAN  
10  
11  
12  
13  
14  
15  
16  
- - -  
RE: Administrative Rules for Construction Codes  
Part 5. Residential Code  
Rule Set 2022-16 LR  
- - -  
17 HEARING FACILITATOR:  
18  
19  
20  
21  
22  
TONY WILLIAMSON  
Bureau of Construction Codes  
P.O. Box 30254  
Lansing, Michigan 48909  
- - -  
23 REPORTED BY: Lori Anne Penn, CSR-1315  
24  
25  
Penn Reporting, LLC - lori.penn@yahoo.com  
2
1
I N D E X  
2 Opening Statement - Tony Williamson  
3
3
- - -  
4 COMMENTS:  
PAGE  
5
5
6
Bert Gale  
Robert Williams  
Joe Troutt  
5
7
7
8
Greg Herman  
Gerald O'Conner  
David Williams  
Joel Tobias  
Jeffrey Bowdell  
Paul Waug  
8
9
8
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
10  
12  
13  
14  
15  
16  
16  
17  
21  
23  
25  
26  
Doug Scott  
John Stoudt  
Paul Kaiser  
Jeff Yaroch  
Bob Filka  
Beau Burten  
Chris Cleveland  
Evan Detone  
- - -  
23 Closing Statement - Tony Williamson  
27  
24  
25  
Penn Reporting, LLC - lori.penn@yahoo.com  
3
1
2
Lansing, Michigan  
Thursday, March 21, 2024  
At 9:12 a.m.  
3
4
- - -  
5
(Public hearing commenced pursuant to due notice.)  
MR. WILLIAMSON: Good morning. We will  
6
7
now start our public hearing.  
8
My name is Tony Williamson, and I'm a  
9
Department Analyst for the Bureau of Construction Codes  
in the Department of Licensing and Regulatory Affairs. I  
will be conducting the hearing today.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
This is a public hearing on proposed  
administrative rules entitled "Part 5 Residential Code-  
Rule Set 2022-16 LR". We are conducting this hearing  
under the authority of the Administrative Procedures Act,  
Public Act 306 of 1969, and on behalf of the Department  
of Licensing and Regulatory Affairs, Bureau of  
Construction Codes.  
We are calling this hearing to order at  
9:14 a.m. on March 21, 2024, at the Michigan Library &  
Historical Center, First Floor Forum, 702 West Kalamazoo  
Street, Lansing, Michigan 48915. The notice of public  
hearing was published in the Michigan Register, Issue  
#3-2024, on March 15, 2024, and in the following  
newspapers of general circulation: The Morning Sun and  
Penn Reporting, LLC - lori.penn@yahoo.com  
4
1
2
Oakland Press on February 28, 2024, and the Mining  
Journal on February 26, 2024.  
3
Please know, we are here today to receive  
comments or suggestions on the proposed rules. Please  
make sure that they relate directly to the proposed rules  
and reasons why the changes would be in the public  
interest. If you wish to speak, make sure you have  
signed in and have indicated that you wish to speak. We  
will call on speakers in the order in which names are  
listed on the sign-in sheet. Each speaker is limited to  
three minutes and only allowed one time to speak during  
the public hearing. We are here to receive comments  
only. For those making comments today, please clearly  
state and spell your name slowly for the record, and if  
you are speaking on behalf of an organization, please  
identify that organization as well.  
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
If you have already submitted comments to  
the Department in writing or by email, those comments  
will be considered in the same manner as the comments  
made during the public hearing today. If you have  
written comments, you may submit them directly to me.  
The Department will also accept written comments  
postmarked or emailed until 3/21/2024 at 5:00 p.m. Thank  
you.  
All right. Mr. Bert Gale.  
Penn Reporting, LLC - lori.penn@yahoo.com  
5
1
2
BERT GALE: Good morning. I'm Bert Gale,  
I'm a building official, electrical inspector for  
numerous jurisdictions, including two counties and cities  
and townships and villages, also a member of the  
International Association of Electrical Inspectors. I  
just want to support the idea that the removal of the  
electrical portions of, that have been in the Michigan  
Residential Code be removed for the next adoption -- for  
this new adopted Residential Code. It causes all kinds  
of confusion with contractors and myself and probably all  
my counterparts are always dealing with and have been  
dealing with, well, for a couple decades now, since the  
year 2000 when the first Michigan Residential Code was  
adopted. So I just want to be on record that I support  
the removal of the electrical sections in this proposed  
Residential Code.  
3
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
MR. WILLIAMSON: Thank you, sir. Robert  
Williams.  
ROBERT WILLIAMS: Hello. My name is  
Robert Williams, I am here representing Sprinklers Local  
704, and I am here to talk in favor of adopting and  
adding in the R 408.30539a, automatic fire sprinklers.  
With my background in installation and maintenance  
(inaudible) --  
COURT REPORTER: Okay. If you're  
Penn Reporting, LLC - lori.penn@yahoo.com  
6
1
2
reading, please slow down.  
ROBERT WILLIAMS: Oh, I'm sorry. With my  
background in, and in installation and maintenance of  
fire sprinkler systems for the last 23 years, along with  
being a member of the Michigan Fire Safety Board on my  
second term, I feel I can safely weigh in on this topic.  
If I was to ask somebody to tell me how long a person  
would have to exit a burning home, I'm guessing most  
people would say about five minutes, when in reality  
it's, it currently sits at two minutes. Anywhere between  
three and five minutes you would you have flashover which  
can read over 1,000 degrees.  
3
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
With modern building materials used in  
today's homes, homes now burn faster and hotter and also  
create a toxic gas called hydrogen cyanide. From the  
burning -- and hydrogen cyanide begins to be produced at  
600 degrees Fahrenheit and can be transmitted through  
inhalation and dermal absorption. A person who has acute  
cyanide poisoning has little or no chance of survival.  
If a person is able to escape their home with a mild case  
of cyanide poisoning, there is going to be a permanent  
neurological disability which can lead to Parkinson's  
according to the National Library of Medicine. Even our  
first responders who go into and around home fires have  
the inherent risk of poisoning to which they have to  
Penn Reporting, LLC - lori.penn@yahoo.com  
7
1
2
drink a substance to counter the effects of the poison,  
but can have longterm effects that will add costs to  
municipalities and to care for them.  
3
4
So with all this being said, the average  
5
home in Michigan is 1,700 square feet, and the cost for  
sprinklers is $1.35 a square foot, which roughly equates  
to $3,000 for the cost of their next washer and dryer  
combo. So I ask you this: What do you think a life is  
worth? Thank you.  
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
MR. WILLIAMSON: Thank you. Joe Troutt.  
JOE TROUTT: Good morning. My name is  
Joe Troutt, T-r-o-u-t-t, I'm with Local 704 Sprinkler  
Fitters Detroit. I had some prepared statements, but I  
think I'm just going to wing it here. I'm just going to  
stand and want to be put on record as Section R  
408.30539a, that I believe that it should be not  
rescinded. You know, a lot of it comes down to cost and  
what that cost is for, to install.  
When we take into consideration the cost  
of that lost home and housing shortage, that lost home  
affects it in twofold. (1) We lost a home in the housing  
supply, and (2) we have a family that is in need of a  
home, so we compound that by losing that home. We have  
an opportunity right now to go forward and make things  
better to where we don't have a full loss of home. With  
Penn Reporting, LLC - lori.penn@yahoo.com  
8
1
2
residential sprinklers, you're going to average discharge  
of 11 gallons per minute, as opposed to a fire department  
is going to discharge 500 gallons per minute, which would  
effectively be a loss of the full home. Those 11 gallons  
per minute from the residential sprinkler are going to be  
directed to the fire, to the hazard, allowing for greater  
safety and less loss of home. I appreciate your time.  
MR. WILLIAMSON: Thank you, sir. Greg  
3
4
5
6
7
8
9
Herman.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
GREG HERMAN: Greg Herman, I represent  
Sprinkler Fitters Local 704. I stand here today to ask  
that R 408.30538 -- I'm sorry -- 5039a not be rescinded.  
Residential fire sprinklers are a life safety device.  
With a residential fire sprinkler system, 80 percent less  
fatality rate. As mentioned before, the national average  
is $1.35 per square foot. Putting a price on a person's  
life is not worth it. The argument that it's going to be  
too costly for an affordable home is a false statement.  
I recommend that we do not rescind this. Thank you.  
MR. WILLIAMSON: Thank you, sir. Gerald  
O'Conner.  
GERALD O'CONNER: Good morning. My name  
is Gerald O'Conner, and I represent Eaton Corporation.  
Eaton supports Michigan to update from the 2015 edition  
of the Michigan Residential Code to the 2023 Michigan  
Penn Reporting, LLC - lori.penn@yahoo.com  
9
1
2
Electrical Code which will apply the electrical  
requirements to the 2023 National Electrical Code.  
Eaton currently employs over 1,400  
3
4
employees at eight locations across the state, including  
our vehicle group headquartered in Galesburg and  
aerospace facilities in Jackson and Grand Rapids. Our  
employees develop, manufacture, and sell safe and  
reliable electrical equipment. Our workforce provides  
market-leading electrical solutions used in general  
construction, performing to the highest standards of  
safety and reliability. Many of these products are  
installed in homes, commercial buildings, industrial  
facilities, and utilities across Michigan.  
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
We commend Michigan for moving forward  
with the adoption process of the 2023 edition of the NFPA  
70 National Electrical Code. Current codes produce safer  
and more economically prosperous communities. Eaton has  
long supported timely and unamended adoption of the  
National Electrical Code by state and local  
jurisdictions. We believe that adoption of the most  
current edition of the NEC promotes a uniform and  
up-to-date standard of safety for all occupants in the  
built environment. Thank you for your time and  
consideration in this important matter.  
MR. WILLIAMSON: Thank you, sir. David  
Penn Reporting, LLC - lori.penn@yahoo.com  
10  
1
2
Williams.  
DAVID WILLIAMS: Good morning. My name  
3
is David Williams, and I'm from the International  
Association of Electrical Contractors, Michigan Chapter,  
and I speak in support of the rule set that was developed  
by the Bureau of Construction Codes. The National  
Electrical Code has been published every three years  
since 1897, and receives thousands of public inputs to  
revise the Code each code cycle. The electrical industry  
has seen so many changes in the past decade, and the  
trend doesn't seem to be slowing down. New technology  
like digital electricity, fault-managed power, limited  
energy wiring installations, increased use of the medium  
voltage installations, the ever-changing electrical  
vehicle and alternative energy requirements, DC  
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
generation and distribution, and on and on. Currently  
there are -- currently we are on the 2015 edition of the  
Michigan Residential Code. That standard has electrical  
requirements that are based on the 2014 National  
Electrical Code; and the proposals to submit for the 2014  
National Electrical Code had to be submitted October of  
2011, so the requirements that we have in Michigan are  
based on technology that was 13 years ago.  
I started my an electrical apprenticeship  
in 1974, 50 years ago, and for the first 26 years we only  
Penn Reporting, LLC - lori.penn@yahoo.com  
11  
had one electrical code in Michigan, and in 2000, we  
1
2
added the Michigan Electrical Code -- excuse me -- the  
Michigan Residential Code, and there was -- when we just  
had the one electrical code, there was really no  
confusion throughout the state. By having two electrical  
codes, they do not match, and in a lot of installations,  
there are -- the National Electrical Code covers all  
installations, the Michigan Residential Code does not,  
and it's created a lot of confusion and a lot of  
heartache for a lot of installers, as well as inspectors,  
and trying to remember which edition that you're actually  
either installing or enforcing makes it very difficult  
for all our installers throughout. So if you would have  
asked somebody who's building a home nowadays if they  
thought, felt that their home was being built according  
to a current standard, they would almost expect that in  
Michigan, and in reality, it's over 13 years old, that  
technology.  
3
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
We have about 6,000 public inputs that  
occur in each code cycle, and we're three code cycles  
behind with residential installations. When we had  
the -- we had arc faults in the 20 -- 2002 and 2000 --  
excuse me -- 2002 and 2005 Michigan Electrical Code, and  
in the 2008 code, the Home Builders Association came at  
the last minute and said it was going to cost so much  
Penn Reporting, LLC - lori.penn@yahoo.com  
12  
1
2
money, and in reality, after reviewing the areas that it  
had added, it would have been less than $137, but the  
Home Builders Association said it would cost about  
thousands of dollars to have arc faults in those areas.  
COURT REPORTER: Arc faults?  
3
4
5
6
DAVID WILLIAMS: Pardon me?  
7
COURT REPORTER: Is it arc faults?  
8
DAVID WILLIAMS: Arc fault circuit  
9
interrupters, AFCIs for short. I think my time's up.  
Thank you.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
MR. WILLIAMSON: Thank you, sir.  
DAVID WILLIAMS: I also have some  
petitions that were signed. I'll give those to you.  
Thank you.  
MR. WILLIAMSON: Thank you. Joel Tobias.  
JOEL TOBIAS: Joel Tobias, electrical  
inspector, City of Livonia. And I also would like to  
have the MRC electrical division part of the MRC removed  
and go to the NEC, Michigan Residential -- or Michigan  
Electrical Code. It's just way too much, and I bet half  
of my contractors don't even have an MRC, so why have the  
code if they don't even have the code book to go to.  
And my second comment is that is that, on  
a state level, I'm very disappointed. We came in here  
today, our state flag and our national flag are on the  
Penn Reporting, LLC - lori.penn@yahoo.com  
13  
1
2
wrong sides, and we never took time to honor this great  
country. Thank you.  
3
MR. WILLIAMSON: Thank you, sir. Jeffrey  
4
Bowdell.  
5
JEFFREY BOWDELL: Good morning. Jeff  
6
Bowdell from the City of Farmington, a 35-year building  
official. I'm also the legislative person for the Code  
Officials Conference of Michigan, an organization with  
about 175 members. These comments are mine, not the  
Organization's.  
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
I really don't think individual  
alteration requests of the Code should be taken up at  
this level, but rather the alterations to the Code should  
be done at the national level, that they have  
(inaudible), you know, I guess they're going up twice a  
year to argue about things. Nationally, the code  
process, you know, kind of works, it takes into account  
the cost implications, takes into account all the safety.  
There's really no good reason to rehash code changes at  
this level. It seems that the individual groups that I  
say don't get what they want at the national level come  
back here and push our legislature to accept something  
that nationally has been voted on and is already in the  
best interest of the general public. The, you know, why  
should Michigan accept a different standard, supposedly  
Penn Reporting, LLC - lori.penn@yahoo.com  
14  
1
2
because it's just less expensive? Do our residents  
deserve to have a lesser standard, and again, just  
because of cost?  
3
4
The 2001 Code has been accepted  
5
throughout the country, you know, we're a little behind,  
and again, why should we be doing something different for  
our, the Michiganders here in our state. Not going  
through this process would give us the ability to stay  
more current in our code adoption process. And, again,  
the National Code is something that if you put it in code  
book, it's in the code book, and then we could just adopt  
it instead of arguing about -- I went to a code hearing  
25-30 years ago, and, in Michigan, nationally, and the --  
they are argued for five hours about stair geometry. I  
mean that's ridiculous. The whole country has one stair  
geometry, we have a different one. Why? So I really  
think that all this should be done outside of this venue,  
and that we should have a faster code adoption process  
when it does come time to review the code. Thank you.  
MR. WILLIAMSON: Thank you. Paul Waug.  
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
PAUL WAUG: Yeah. Good morning, and  
thank you for doing this for us. Just a few comments.  
I'm an electrician from Farmington, and I won't repeat  
anything.  
MR. WILLIAMSON: Sir, I'm sorry, could we  
Penn Reporting, LLC - lori.penn@yahoo.com  
15  
1
2
have your name.  
PAUL WAUG: Yeah, Paul Waug, electrician  
3
from Farmington. I won't repeat anything, I'll just hand  
you this when I get done. I would like to see that the  
state remove the electrical requirements for the Part 5  
Michigan Residential Code and incorporate by reference  
Part 8 Michigan Electric Code. A single electric code  
would reduce costs for the industry, a single electric  
code would enhance uniformity, application of electric  
safety requirements across the state for inspectors,  
electricians, and contractors. And the rest of my  
comments were already repeated, but I'll hand that to  
you. Put it on file, please.  
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
MR. WILLIAMSON: Thank you.  
PAUL WAUG: Thank you.  
MR. WILLIAMSON: Doug Scott.  
DOUG SCOTT: Name is Doug Scott, I'm an  
electrical inspector in multiple jurisdictions. I'm up  
here just to announce that I would like to have the 2023  
National Electrical Code adopted and used as one code for  
the State of Michigan, get rid of the MRC, you know, code  
on that and, you know, get up to the current standards  
with the Michigan Residential Code; usually that lags  
years behind in technology that's out there today for the  
electrical codes, and the up-to-date electrical codes are  
Penn Reporting, LLC - lori.penn@yahoo.com  
16  
1
2
usually standard with what's going on out there in the  
field. That's all I have to say.  
3
MR. WILLIAMSON: Thank you. John Stoudt.  
4
JOHN STOUDT: Good morning. Thank you  
5
for doing this. My name is John Stoudt, I'm a registered  
electrical inspector, also serve on the International  
Association of Electrical Inspectors Board. And I would  
like to see the MRC removed and the NEC be adopted.  
There's no reason for us to have a separate standard than  
the rest of the nation. Well, thank you.  
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
MR. WILLIAMSON: Thank you, sir. Paul  
Kaiser.  
PAUL KAISER: Good morning. My name is  
Paul Kaiser, K-a-i-s-e-r. I work for Schneider Electric,  
I'm here on behalf of Schneider, as well as I serve on  
the Board for the IEEI. I am in support of removing Part  
5 of the MRC, electrical section of the MRC and referring  
back to using one code, the NEC.  
First of all, I want to commend the State  
of Michigan for adopting the 2023 National Electric Code.  
There's two main reasons I think, compelling reasons to  
remove the electrical section; one being, as already  
stated, there are technologies that we have developed and  
we are designing, installing, and energizing today that  
were not around in the 2014 cycle, so the MRC doesn't  
Penn Reporting, LLC - lori.penn@yahoo.com  
17  
1
2
speak to the, some of the technologies and equipment that  
we are installing and energizing today in Michigan. And  
the second reason, as also noted by others, I think  
there's substantial value for all of us in having one  
code, one governing rule set for consistency in the State  
of Michigan. Thank you.  
3
4
5
6
7
MR. WILLIAMSON: Thank you. Jeff Yaroch.  
8
JEFF YAROCH: Good morning. My name is  
9
Jeff Yaroch, I'm a former fire fighter with 27 years of  
experience in (inaudible) fire services as a battalion  
chief. I'm also an attorney, and I served in the state  
legislature for six years as a state representative  
representing my area.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
I'm here to support keeping the  
residential fire sprinkler requirements in the code. For  
all the reasons that have been offered for the fact of  
supporting having this lifesaving equipment in, I  
support, and so I'm not going to reiterate those points.  
I do want to comment on some of the  
opposition statements I've heard. It has been noted in  
some of those opposing fire sprinklers that fire deaths  
and casualties occur in old housing with inadequate or  
nonfunctioning smoke detectors. We should not lose sight  
of the fact that the old housing they speak of was once  
new housing, and had it we required these older homes to  
Penn Reporting, LLC - lori.penn@yahoo.com  
18  
1
2
have been built years ago with sprinklers, the research  
would support that many of those fire deaths would not  
have happened.  
3
4
As a former state representative, I  
5
understand that there are many facets to issues. I  
realize we have a housing crisis shortage. The housing  
shortage has been cited as a reason to not require  
residential (inaudible) --  
6
7
8
9
COURT REPORTER: Please slow down.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
JEFF YAROCH: (Inaudible.)  
COURT REPORTER: I didn't even understand  
what you just said.  
JEFF YAROCH: May I reclaim my time? I'm  
sorry, but I don't want to lose time in the --  
MR. WILLIAMSON: Yes.  
COURT REPORTER: But I have to write you  
down.  
JEFF YAROCH: Okay, I appreciate that.  
As a former state representative, I  
understand that there are many facets to issues. I  
realize we have a housing shortage. The housing shortage  
has been cited as a reason not to require residential  
sprinklers. While increased construction costs has been  
cited as having an effect on the housing shortage, my  
research finds that there are far more issues, such as  
Penn Reporting, LLC - lori.penn@yahoo.com  
19  
1
2
population growth, increased cost of land, labor  
shortages, material shortages, et cetera; and one of the  
most significant issues in -- is high interest rates.  
Just yesterday the Federal Reserve Board voted to not  
lower interest rates. If we want to make an issue of  
what really is affecting the housing shortage, maybe we  
should be reaching out to the federal government on this.  
It is absurd to think that whether we include the  
lifesaving equipment or not is going to drastically  
change the landscape of our housing shortage.  
3
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
While I am a fire service professional,  
and I would like to see full residential fire sprinkler  
requirements adopted, drawing on my legislative  
experience, again, I've learned that half a loaf is  
better than no loaf. During the 2021-22 legislative  
session, I introduced House Bill 6304. House Bill 6304  
requires sprinklers in each path of egress from the  
dwelling, included -- including, but not limited to,  
hallways and stairwells as the minimum requirement for  
residential sprinklers. My life experience has been that  
we often found fire victims in the path of egress  
attempting to escape the fire. Also, hallways and  
stairways are the most likely pathway for fire to spread  
through a dwelling. From a pragmatic sense, it would cut  
the cost of installation to roughly in half, while  
Penn Reporting, LLC - lori.penn@yahoo.com  
20  
1
2
maintaining sprinklers in the most critical locations.  
As I said, I understand that we can find a common ground  
between all the parties on this.  
3
4
Let me speak as an attorney. As an  
5
attorney, I would say life is priceless, and I consider  
my two daughters and my wife priceless, but when we talk  
about wrongful death, wrongful death claims are about a  
million dollars or more per life. So in my home, my  
$300,000 home, there's $4 million of, over, of life  
value. So -- and every year I spend $600 in home  
insurance to protect my $300,000 value. It seems  
reasonable to spend two -- $1.50 per square foot to  
protect for a lifetime that's $4 million worth of value.  
Again, I hope that we can find common  
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
ground on this and maintain residential sprinklers in the  
Code. Thank you for your consideration. (Handing  
paperwork to reporter.)  
COURT REPORTER: That would be great,  
because I only got half of what you said.  
JEFF YAROCH: I understand. I only get  
three minutes.  
COURT REPORTER: I know, but I have to  
write it. I'm going to use this.  
MR. WILLIAMSON: I will email you a copy  
of it.  
Penn Reporting, LLC - lori.penn@yahoo.com  
21  
1
2
(Yaroch paperwork taken by Mr. Williamson.)  
MR. WILLIAMSON: Thank you. Bob Filka.  
BOB FILKA: Good morning. I'm Bob Filka,  
3
4
CEO of the Home Builders Association of Michigan. Just a  
couple quick things to respond to a couple of the folks  
that have spoke so far.  
5
6
7
On sprinklers, sprinkler requirements  
8
have been in the model codes for a long, long time. The  
State of Michigan, democrat and republican  
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
administrations have rejected them, only two states in  
the country require them throughout the entire house, so  
to suggest somehow that it's something that should  
automatically be adopted is a false statement.  
I would also say the electrical folks  
that have testified today, they're lobbying to the wrong  
group. They need to get the law changed. The state  
legislature approved a law requiring a combined Michigan  
Residential Code that combines all of the various codes  
into one document for use by the residential construction  
industry. Lobby the legislature. Through an  
administrative process, you can't change the law.  
LARA has proposed code changes that  
violate state law, it has failed to provide statutorily  
required answers in its regulatory impact statement for  
this rule set. In fact, it's failed to provide the very  
Penn Reporting, LLC - lori.penn@yahoo.com  
22  
same information it demands from someone proposing a  
1
2
modification here today. If you haven't read LARA's RIS,  
they handed it out today. You'll only see explanations  
and some attempt to answer these questions as it relates  
to Chapter 11, the energy efficiency section of the MRC.  
What about the other 43 chapters in the MRC that are  
being modified? LARA says essentially nothing about  
these other significant changes. And as people have  
already testified here today, obviously sprinklers and  
AFCIs are a significant change. These requirements, like  
I said, were removed by previous administrations, yet  
LARA provides no explanation whatsoever as to why now  
they've been included.  
3
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
In two of our proposed changes we are  
submitting today, you will see new data that not only  
reiterates what other prior administrations took as fact,  
but new research showing that tripping incidents from  
AFCIs are a major problem and arguably increase dangers  
in a household.  
Lastly, in our stack of materials we've  
also proposed a change to include the actual electrical  
related changes in the text of the MRC. Your draft only  
includes it an as a reference. This again fails to  
comply with state law.  
Thanks for your time today. And I would  
Penn Reporting, LLC - lori.penn@yahoo.com  
23  
just simply lastly say that by calling this a public  
1
2
hearing does not make it so. One of the other things  
LARA has done is it has failed to comply with the APA.  
Simply because you used this process for other codes that  
have recently been adopted and no one objected doesn't  
make it legal. You violated the APA, and we actually  
recommend that you start over and follow the guidance and  
the law as the legislature intended. Thanks.  
3
4
5
6
7
8
9
MR. WILLIAMSON: Thank you. Beau Burten.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
BEAU BURTEN: Beau, B-e-a-u, Burten. I'm  
here representing the Detroit Electrical Industry  
Training Center, IBEW Local 58 out of Detroit, as well as  
the Southeast Chapter of, Southeast Michigan Chapter of  
the National Electrical Contractors Association. All  
three of these organizations stand in support of removing  
Part 5 from the Michigan Residential Code and would like  
to incorporate by reference Part 8 of the Michigan  
Electrical Code in replacement of that.  
I would also like to stand against any  
attempt to rescind Article 210.12 of the National  
Electric Code as adopted into the Michigan Electric Code.  
This is a requirement for arc fault circuit interrupters,  
which are a known lifesaving device. They are generally  
being opposed by only one organization in this state,  
which is the Michigan Home Builders Association, for  
Penn Reporting, LLC - lori.penn@yahoo.com  
24  
1
2
really what amounts to some nuisance tripping. As  
previously stated, I find that to be much less of a  
3
nuisance than losing a child, a loved one, or somebody  
else in this state. So to have a little bit of nuisance  
tripping, which did occur early on when these were first  
adopted in 1999, which have since been rescinded in the  
State of Michigan, we are one of two states that does not  
require arc fault circuit interrupters, leaving ourselves  
and our homes really in danger for the leading cause of  
fires, which is arcing electrical faults. It's estimated  
we could eliminate about 50 percent of the electrical  
fires with the arc fault circuit interrupter. We're  
talking about 25,000 fires each year between the years  
2017 and 2019, hundreds of deaths, thousands of injuries,  
and a billion dollars in property. We could possibly cut  
that in half with the use of arc fault circuit  
4
5
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
interrupters.  
Many of the problems associated with the  
arc fault is the Michigan Home Builders' poor  
installation practices, that they were pushing it too  
fast. If they'd actually install it properly, they would  
not have the problems they do with the device. A  
properly trained installer will not have the nuisance  
tripping that an improperly trained installer would have.  
Thank you for your time today.  
Penn Reporting, LLC - lori.penn@yahoo.com  
25  
1
2
MR. WILLIAMSON: Thank you. Chris  
Cleveland.  
3
CHRIS CLEVELAND: Good morning. I'm  
4
Chris Cleveland, C-h-r-i-s, Cleveland, just like the  
5
city. I am the current president of the International  
Association of Electrical Inspectors, Michigan Chapter,  
and an electrical inspector for the University of  
Michigan. I support removing the electrical requirements  
in the Michigan Residential Code; they are outdated and  
incomplete.  
6
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
The Michigan Electrical Code is the  
National Electrical Code by reference, as stated in Part  
8 Electrical Code Rule 801.1. The National Electrical  
Code is the most widely used code in the United States.  
It is the installation code used in all 50 states and all  
U.S. territories, and is used in numerous other  
countries. A uniform code was the catalyst of the very  
first National Electrical Code.  
Article 90.2 in the National Electrical  
Code, 2a, says practical safeguarding, and states that  
the purpose of the Code is the practical safeguarding of  
persons and property from hazards arising from the use of  
electricity. That is the very least we can allow in the  
State of Michigan. Our labor force, our first  
responders, and all of our citizens and visitors deserve  
Penn Reporting, LLC - lori.penn@yahoo.com  
26  
1
2
practical safeguarding from the dangers arising from the  
use of electricity.  
3
I support removing the electrical rules  
4
from the Michigan Residential Code, and I ask for your  
support, too. I also have several signatures of  
professionals in the electrical industry in Michigan that  
also support removing those rules. Thank you.  
MR. WILLIAMSON: Thank you. Evan Detone.  
5
6
7
8
9
EVAN DETONE: Good morning. My name is  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
Evan Detone, E-v-a-n D-e-t-o-n-e, and I'm here on behalf  
of myself, a Michigan resident from Lake Orion, Michigan.  
I want to be on record supporting the removal of the  
electrical requirements from Part 8 of -- or Part 5 of  
the Michigan Residential Code, and I want to incorporate  
by reference the Part 8 Michigan Electrical Code.  
I think having a unified electrical code  
across all buildings throughout the state is the way to  
go. The current setup of having two different codes is  
confusing and potentially dangerous. With new emerging  
technologies such as electrical vehicles, solar, and all  
sorts of other things like wind, the newer electrical  
codes, you know, the new National Electrical Codes that  
come ouch each, you know, every three years incorporate  
these new technologies, whereas now we're looking at, you  
know, old codes pointing to, you know, even older codes,  
Penn Reporting, LLC - lori.penn@yahoo.com  
27  
1
2
it just becomes confusing and potentially dangerous. So  
I think the state should remove the two separate codes  
and have one unified code for the state. Thank you very  
much.  
3
4
5
MR. WILLIAMSON: Thank you.  
6
If there are no further comments at this  
time, I hereby declare this hearing closed. The record  
will remain open until 3/21/2024 at 5:00 p.m. for any  
other comments you may wish to share about the proposed  
rules.  
7
8
9
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
Thank you for attending.  
(Public hearing concluded at 9:54 a.m.)  
- - -  
Penn Reporting, LLC - lori.penn@yahoo.com  
28  
1 STATE OF MICHIGAN )  
)
2 COUNTY OF MACOMB )  
3
I, Lori Anne Penn, certify that this  
4
5
transcript consisting of 28 pages is a complete, true,  
and correct record, to the best of my ability, of the  
Public Hearing held in the captioned matter on Thursday,  
March 21, 2024.  
6
7
8
I further certify that I am not  
9
responsible for any copies of this transcript not made  
under my direction or control and bearing my original  
signature.  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
I also certify that I am not a relative  
or employee of or an attorney for a party; or a relative  
or employee of an attorney for a party; or financially  
interested in the action.  
March 28, 2024  
_________________ ____  
Date  
Lo
Noan  
My Commission Expires June 15, 2025  
Penn Reporting, LLC - lori.penn@yahoo.com  
;