6 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2001-022

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTOR'S OFFICE

CONSTRUCTION CODE

 

Filed with the Secretary of State on These rules take effect on March 1, 2003

 

(By authority conferred on the director of the department of consumer and industry services by section 4 of 1972 P.A. 230, MCL 125.1504, and Executive Reorganization Order No. 1996-2, MCL 445.2001)

 

R 408.31070 of the Michigan Administrative Code is amended and R 408.31087 to R 408.31090 are added to the code as follows:

 

MICHIGAN UNIFORM ENERGY CODE

 

R 408.31070 Code title, intent, compliance, and exemption; adoption of standards by reference.

Rule 1070. (1) These rules shall be known as the Michigan uniform energy code.

(2)         The intent of the Michigan uniform energy code, referred to as "the code," is to provide cost-effective minimum energy conservation requirements when designing or building new residential buildings or structures. The code is not intended to be, nor should it be construed as, the optimization of energy-conserving practices. The code provides flexibility to permit the use of innovative approaches and techniques to achieve the effective utilization of energy.

(3)          Residential buildings shall be designed and constructed to comply with either the requirements of R 408.31073, R 408.31074 to R 408.31081, R 408.31082, and R 408.31083 or the requirements of R 408.31084, R 408.31085, and R 408.31086.

(4)        Residential buildings that have more than 1 occupancy shall conform each portion of the building to the requirements for the occupancy within that portion. If minor accessory uses do not occupy more than 10% of the area of any floor of a building, then the major use shall be considered the building occupancy.

(5)       Compliance with the code shall be achieved by 1 of the methods specified in this subrule. The decision of which method to use to achieve compliance with the code shall be the sole discretion of the builder and shall be accepted by the building official. The methods are as follows:

(a)    A prescriptive approach for insulating components as required in R 408.31073, R 408.31074 to R 408.31081, R 408.31082, and R 408.31083.

(b)   A systems approach for the entire building performance as required in R 408.31084, R 408.31085, and R 408.31086.

(6)      All of the following buildings are exempt from the code:

 

 

(a)  A residential building or portion of a residential building that has an intended maximum rate of energy usage less than 3.4 Btu/h per square foot of floor area for all purposes.

(b)  A residential building or portion of a residential building that is not heated or mechanically cooled.

(c) An existing building.

(d) An alteration of any existing residential building or structure or portion of a residential building.

(e)  An addition to any existing residential building or structure.

(f) An existing residential building moved into or within the jurisdiction. A manufactured building that is shipped for initial installation or initial assembly and installation on a building site shall not be considered a moved structure.

(7)         A building, other than a residential building, AS DEFINED IN R 408.31064, shall be designed and constructed to comply with the requirements of //ASHRAE 90A-1980 and 90B-1975.//THE MICHIGAN UNIFORM ENERGY CODE RULES, PART 10A.

 

R 408.31087 PART 10A MICHIGAN UNIFORM ENERGY CODE FOR BUILDINGS AND STRUCTURES, NOT INCLUDING RESIDENTIAL BUILDINGS; ADOPTION BY REFERENCE. RULE 1087. RULES GOVERNING THE ENERGY EFFICIENCY FOR THE DESIGN AND CONSTRUCTION OF BUILDINGS AND STRUCTURES, NOT INCLUDING RESIDENTIAL BUILDINGS, SHALL BE THOSE CONTAINED IN THE ASHRAE ENERGY STANDARD FOR BUILDINGS EXCEPT LOW-RISE RESIDENTIAL BUILDINGS, ANSI/ASHRAE/IESNA STANDARD 90.1-1999, INCLUDING APPENDICIES A, B, C, AND D, EXCEPT FOR SECTION 4.1.2. WITH THE EXCEPTIONS NOTED, THE STANDARD IS ADOPTED IN THESE RULES BY REFERENCE. THE STANDARD IS AVAILABLE FOR INSPECTION AT THE OKEMOS OFFICE OF THE MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, BUREAU OF CONSTRUCTION CODES. THE STANDARD MAY BE PURCHASED FROM THE AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR-CONDITIONING ENGINEERS, INC., 1791 TULLIE CIRCLE, NE, ATLANTA, GEORGIA 30329, OR FROM THE MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, BUREAU OF CONSTRUCTION CODES, 2501 WOODLAKE CIRCLE, OKEMOS, MICHIGAN 48864, AT A COST AS OF THE TIME OF ADOPTION OF THESE RULES OF $102.00 EACH.

 

R 408.31088 DEFINITIONS.

RULE 1088. SECTION 3.2 OF THE STANDARD IS AMENDED TO READ AS FOLLOWS:

3.2 BUILDING OFFICIAL. "BUILDING OFFICIAL" MEANS THE PERSON WHO IS APPOINTED AND EMPLOYED BY A GOVERNMENTAL SUBDIVISION CHARGED WITH THE ADMINISTRATION AND ENFORCEMENT OF THE STATE CODE OR CODES AND WHO IS REGISTERED IN ACCORDANCE WITH THE REQUIREMENTS OF 1986 PA 54, MCL 338.2301 ET SEQ.

RESIDENTIAL. "RESIDENTIAL" MEANS SPACES IN BUILDINGS USED PRIMARILY FOR LIVING AND SLEEPING. RESIDENTIAL SPACES INCLUDE, BUT ARE NOT LIMITED TO, DWELLING UNITS, HOTEL/MOTEL GUEST ROOMS, LODGING HOUSES, FRATERNITY/SORORITY HOUSES, AND HOSTELS.

 

R 408.31089 HEATING, VENTILATING, AND AIR-CONDITIONING ALTERNATIONS.

RULE 1089. SECTION 4.1.2.2.2 OF THE STANDARD IS AMENDED TO READ AS FOLLOWS:

 

 

4.1.2.2.2 NEW HVAC EQUIPMENT AS A DIRECT REPLACEMENT OF EXISTING HVAC EQUIPMENT SHALL COMPLY WITH THE SPECIFIC MINIMUM EFFICIENCY REQUIREMENTS APPLICABLE TO THAT EQUIPMENT INCLUDING, BUT NOT LIMITED TO, AIR CONDITIONERS AND CONDENSING UNITS, HEAT PUMPS, WATER CHILLING PACKAGES, PACKAGED TERMINAL AND ROOM AIR CONDITIONERS AND HEAT PUMPS, FURNACES, DUCT FURNACES, UNIT HEATERS, BOILERS, AND COOLING TOWERS. ANY NEW CONTROL DEVICES AS A DIRECT REPLACEMENT OF EXISTING CONTROL DEVICES SHALL COMPLY WITH THE SPECIFIC REQUIREMENTS OF SECTIONS 6.2.3. TO 6.2.3.9.

EXCEPTIONS:

(A)     FOR EQUIPMENT THAT IS BEING MODIFIED OR REPAIRED BUT NOT REPLACED PROVIDED THAT SUCH MODIFICATIONS WILL NOT RESULT IN AN INCREASE IN ENERGY USAGE.

(B)    WHERE A REPLACEMENT OR ALTERATION OF EQUIPMENT REQUIRES EXTENSIVE REVISIONS TO OTHER SYSTEMS, EQUIPMENT, OR ELEMENTS OF A BUILDING AND SUCH REPLACED OR ALTERED EQUIPMENT IS A LIKE-FOR-LIKE REPLACEMENT.

(C)  FOR A REFRIGERANT CHANGE OF EXISTING EQUIPMENT.

(D)  FOR THE RELOCATION OF EXISTING EQUIPMENT.

 

R 408.31090 ADMINISTRATIVE REQUIREMENTS.

RULE 1090. SECTION 4.2 OF THE STANDARD IS AMENDED TO READ AS FOLLOWS:

4.2 ADMINISTRATIVE REQUIREMENTS RELATING TO PERMITS, ENFORCEMENT, INTERPRETATIONS, AND APPEALS SHALL BE IN ACCORDANCE WITH 1972 PA 230, MCL 125.1504 ET SEQ.