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DATE: March 1, 2011
TO: Norene Lind, Regulatory Affairs Manager
State Office of Administrative Hearings and Rules
FROM: Deborah Young, Director
Bureau of Construction Codes, Office of Administrative Services
SUBJECT: Request for correction of the Building Code R 408.30475, pursuant to Administrative Procedures Act, Section 56(1), MCL 24.256 (1).
DATE: 2010 MR 21, Eff. March 9, 2011.
The Bureau of Construction Codes, as a promulgating agency, is writing to request that the State Office of Administrative Hearings and Rules exercise its discretion to an obvious error in the Building Rules as published in the Michigan Administrative Code.
The errors are contained in R 408.30475. The rule was promulgated as part of the revisions to the Part 4 Building Code, 2010 MR 21, Eff. March 9, 2011.
The agency adopted the 2009 version of the International Building Code, which renumbered several sections of the code, due to the elimination of other sections. In the 2009 International Building Code Chapter 34 sections were renumbered. R 408.30475 of the Michigan Building Code amends sections previously numbered Sections 3409.1, 3409.4, 3409.6, 3409.7,
3409.8.2, 3409.8.3, 3410.1 and 3410.2. The code section numbers were inadvertently left as the previous number, instead of being changed to the new numbers.
The affected rule currently reads (italics added): R 408.30475 Existing structures.
Rule 475. Sections 3409.1, 3409.4 3409.6, 3409.7, 3409.8.2, 3409.8.3 and 3410.6.14 of the
code are amended to read as follows:
3409.1. Scope. The provisions of sections 3409.2 to 3409.9 of the code apply to the maintenance, change of occupancy, additions, and alterations to existing buildings, including those identified as historic buildings in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Exception: Type B dwelling or sleeping units required by section 1107 are not required to be provided in existing buildings and facilities.
3409.4. Change of occupancy. Unless technically infeasible, section 3409.6 of the code shall be applied in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Alterations. A building, facility, or element that is altered shall comply with the applicable provisions in chapter 11 of the code and ICC/ANSI A117.1 listed in chapter 35, unless technically infeasible. When compliance with this section is technically infeasible, then the alteration shall provide access to the maximum extent technically feasible.
Exceptions:
1. The altered element or space is not required to be on an accessible route, unless required by section 3409.7 of the code.
2. Accessible means of egress required by chapter 10 of the code are not required to be provided in existing buildings and facilities.
3. Buildings, structures, or improved areas which exist on or before the effective date of these rules and which are in compliance with the code at the time of the issuance of the certificate of occupancy unless the alteration specifically modifies an area covered by sections
3409.7 to 3409.9.4 of the code.
4. The alteration to type A individually owned dwelling units within a group R-2 occupancy shall meet the provision for a type B dwelling unit and shall comply with the applicable provisions in chapter 11 and ICC/ANSI A 117.1 as listed in chapter 35.
Alterations affecting an area containing a primary function. When an alteration affects the accessibility to, or contains an area of primary function, then the route to the primary function area shall be accessible. The accessible route to the primary function shall include accessible toilets and drinking fountains serving the area of the primary function. Exceptions:
1. This section does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets, and signs.
2. This section does not apply to alterations limited solely to mechanical systems, electrical systems, the installation or alteration of fire-protection systems, and the abatement of hazardous materials.
3. This section does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility, or element.
Elevators. Altered elements of existing elevators shall comply with the Michigan elevator code, R 408.7001 to R 408.8695 and ICC/ANSI A 117.1 as listed in chapter 35. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.
Platform lifts. Platform (wheelchair) lifts complying with ICC/ANSI A 117.1 and installed in accordance with the Michigan elevator code, R 408.7001 to R 408.8695 shall be permitted as a component of an accessible route.
3410.6.14. Elevator control. Evaluate the passenger elevator equipment and controls that are available to the fire department to reach all occupied floors. Elevator recall controls shall be provided in accordance with the Michigan elevator code, R 408.7001 to R 408.8695. Under the categories and occupancies in table 3410.6.14, determine the appropriate value and enter that value into table 3410.7 of the code under safety parameter 3410.6.14, elevator control, for fire safety, means of egress and general safety. The values shall be zero for a single-story building.
The language should read:
R 408.30475 Existing structures.
Rule 475. Sections 3411.1, 3411.4 3411.6, 3411.7, 3411.8.2, 3411.8.3, and 3412.6.14 of the
code are amended to read as follows:
3411.1 Scope. The provisions of sections 3411.2 to 3411.9 of the code apply to the maintenance, change of occupancy, additions, and alterations to existing buildings, including those identified as historic buildings in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Exception: Type B dwelling or sleeping units required by section 1107 are not required to be provided in existing buildings and facilities.
3411.4. Change of occupancy. Unless technically infeasible, section 3411.6 of the code shall be applied in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Alterations. A building, facility, or element that is altered shall comply with the applicable provisions in chapter 11 of the code and ICC/ANSI A117.1 listed in chapter 35, unless technically infeasible. When compliance with this section is technically infeasible, then the alteration shall provide access to the maximum extent technically feasible.
Exceptions:
1. The altered element or space is not required to be on an accessible route, unless required by section 3411.7 of the code.
2. Accessible means of egress required by chapter 10 of the code are not required to be provided in existing buildings and facilities.
3. Buildings, structures, or improved areas which exist on or before the effective date of these rules and which are in compliance with the code at the time of the issuance of the certificate of occupancy unless the alteration specifically modifies an area covered by sections
3411.7 to 3411.9.4 of the code.
4. The alteration to type A individually owned dwelling units within a group R-2 occupancy shall meet the provision for a type B dwelling unit and shall comply with the applicable provisions in chapter 11 and ICC/ANSI A 117.1 as listed in chapter 35.
Alterations affecting an area containing a primary function. When an alteration affects the accessibility to, or contains an area of primary function, then the route to the primary function area shall be accessible. The accessible route to the primary function shall include accessible toilets and drinking fountains serving the area of the primary function. Exceptions:
1. This section does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets, and signs.
2. This section does not apply to alterations limited solely to mechanical systems, electrical systems, the installation or alteration of fire-protection systems, and the abatement of hazardous materials.
3. This section does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility, or element.
Elevators. Altered elements of existing elevators shall comply with the Michigan elevator code, R 408.7001 to R 408.8695 and ICC/ANSI A 117.1 as listed in chapter 35. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.
Platform lifts. Platform (wheelchair) lifts complying with ICC/ANSI A 117.1 and installed in accordance with the Michigan elevator code, R 408.7001 to R 408.8695 shall be permitted as a component of an accessible route.
3412.6.14. Elevator control. Evaluate the passenger elevator equipment and controls that are available to the fire department to reach all occupied floors. Elevator recall controls shall be provided in accordance with the Michigan elevator code, R 408.7001 to R 408.8695. Under the categories and occupancies in table 3412.6.14, determine the appropriate value and enter that value into table 3412.7 of the code under safety parameter 3412.6.14, elevator control, for
fire safety, means of egress and general safety. The values shall be zero for a single-story building.
If you have any questions about this transmittal, you may contact me at 517.335.2626.
March 4, 2011
Ms. Deborah Young
Michigan Department of Energy, Labor & Economic Growth Bureau of Construction Codes
PO Box 30255
Lansing, MI 48909
RE: Request for correction under MCL 24.256(1) - Dear Ms. Young:
The State Office of Administrative Hearings and Rules hereby approves your request to amend the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act.
R 408.30475 will be changed to read (see bold changes): R 408.30475 Existing structures.
Rule 475. Sections 3411.1, 3411.4 3411.6, 3411.7, 3411.8.2, 3411.8.3, and 3412.6.14 of the code are
amended to read as follows:
3411.1 Scope. The provisions of sections 3411.2 to 3411.9 of the code apply to the maintenance, change of occupancy, additions, and alterations to existing buildings, including those identified as historic buildings in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Exception: Type B dwelling or sleeping units required by section 1107 are not required to be provided in existing buildings and facilities.
3411.4. Change of occupancy. Unless technically infeasible, section 3411.6 of the code shall be applied in accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
Alterations. A building, facility, or element that is altered shall comply with the applicable provisions in chapter 11 of the code and ICC/ANSI A117.1 listed in chapter 35, unless technically infeasible. When compliance with this section is technically infeasible, then the alteration shall provide access to the maximum extent technically feasible.
Exceptions:
1. The altered element or space is not required to be on an accessible route, unless required by section
3411.7 of the code.
2. Accessible means of egress required by chapter 10 of the code are not required to be provided in existing buildings and facilities.
3. Buildings, structures, or improved areas which exist on or before the effective date of these rules and which are in compliance with the code at the time of the issuance of the certificate of occupancy unless the alteration specifically modifies an area covered by sections 3411.7 to 3411.9.4 of the code.
4. The alteration to type A individually owned dwelling units within a group R-2 occupancy shall meet the provision for a type B dwelling unit and shall comply with the applicable provisions in chapter 11 and ICC/ANSI A 117.1 as listed in chapter 35.
Alterations affecting an area containing a primary function. When an alteration affects the accessibility to, or contains an area of primary function, then the route to the primary function area shall
be accessible. The accessible route to the primary function shall include accessible toilets and drinking fountains serving the area of the primary function.
Exceptions:
1. This section does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets, and signs.
2. This section does not apply to alterations limited solely to mechanical systems, electrical systems, the installation or alteration of fire-protection systems, and the abatement of hazardous materials.
3. This section does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility, or element.
Elevators. Altered elements of existing elevators shall comply with the Michigan elevator code, R 408.7001 to R 408.8695 and ICC/ANSI A 117.1 as listed in chapter 35. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.
Platform lifts. Platform (wheelchair) lifts complying with ICC/ANSI A 117.1 and installed in accordance with the Michigan elevator code, R 408.7001 to R 408.8695 shall be permitted as a component of an accessible route.
3412.6.14. Elevator control. Evaluate the passenger elevator equipment and controls that are available to the fire department to reach all occupied floors. Elevator recall controls shall be provided in accordance with the Michigan elevator code, R 408.7001 to R 408.8695. Under the categories and occupancies in table 3412.6.14, determine the appropriate value and enter that value into table 3412.7 of the code under safety parameter 3412.6.14, elevator control, for fire safety, means of egress and general safety. The values shall be zero for a single-story building.
MEMORANDUM
DATE: March 1, 2011
TO: Norene Lind, Regulatory Affairs Manager
State Office of Administrative Hearings and Rules
FROM: Deborah Young, Director
Bureau of Construction Codes, Office of Administrative Services
SUBJECT: Request for correction of the Building Code R 408.30429, pursuant to Administrative Procedures Act, Section 56(1), MCL 24.256 (1).
DATE: 2010 MR 21, Eff. March 9, 2011.
The Bureau of Construction Codes, as a promulgating agency, is writing to request that the State Office of Administrative Hearings and Rules exercise its discretion to an obvious error in the Building Rules as published in the Michigan Administrative Code.
The errors are contained in R 408.30429. The rule was promulgated as part of the revisions to the Part 4 Building Code, 2010 MR 21, Eff. March 9, 2011.
The agency adopted the 2009 version of the International Building Code, which renumbered several sections of the code, due to the elimination of other sections. One of those sections was previously numbered 403.13, which was amended in the Michigan Building Code version previous to the current version. When the corresponding section, Smokeproof exit enclosures was amended, the code section number was inadvertently left as the previous number, instead of being changed to the new number, 403.5.4. Section 403.13 no longer exists in the 2009 International Building Code, but Smokeproof exit enclosures is now found at 403.5.4. Therefore, the electronic version of the Administrative Code indicates section 403.13 Smokeproof exit enclosures in rule number R 408.30429 when it should read section 403.5.4 Smokeproof exit enclosures.
The affected line currently reads (italics added): Section 403.13 Smokeproof exit enclosures The language should read:
Section 403.5.4 Smokeproof exit enclosures.
If you have any questions about this transmittal, you may contact me at 517.335.2626.
March 4, 2011
Ms. Deborah Young
Michigan Department of Energy, Labor & Economic Growth Bureau of Construction Codes
PO Box 30255
Lansing, MI 48909
RE: Request for correction under MCL 24.256(1) - Dear Ms. Young:
The State Office of Administrative Hearings and Rules hereby approves your request to amend the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act.
R 408.30429 will be changed to read: Section 403.5.4 Smokeproof exit enclosures.
