Background:
The following construction codes are promulgated as rules within the Michigan Department of Labor and Economic Growth:

•   Michigan Building Code
•   Michigan Residential Code
•   Michigan Mechanical Code
•   Michigan Uniform Energy Code
•   Michigan Rehabilitation Code
•   Michigan Plumbing Code

The Department is responsible for printing new code books as the codes are amended and making those code books available for sale and distribution to the various tradesmen and code officials within the construction industry. Since the code books bear an effective/enforcement date, an overly ambitious effective date can cause timing problems for the Department with printing and distribution. The effective date must be established far enough in the future so that the lag time between printing and distribution allows the purchasers of these books to obtain the book and familiarize themselves with the content of the books well in advance of the effective date. Builders need to be able to know what the standards are in force prior to undertaking a building project, and code officials need to familiarize themselves with the latest version of the code so that they are approving/rejecting projects according to the latest prescribed standards.

Description of Bill: The bill would require all of the code books associated with the above codes to be made available to the general public for at least 45 days prior to the date when the codes could be enforced (effective date). The code would have to be made available in printed, electronic, or other form that does not require the user to purchase additional documents or data in any form in order to have an updated complete version of each specific code, excluding other referenced standards within each code. The bill would not apply to any code effective before April 1, 2005.

Summary of Arguments

Pro: The bill prevents the Department from promulgating rules (codes) within such a tight time frame that licensed tradesmen and building officials can’t familiarize themselves with the new codes in advance of having to use them. The lack of familiarization can cause expensive errors when one considers the costs associated with residential and commercial building projects.

Con:The Department will need to be very careful in establishing effective dates for all future versions of these codes. As a result, effective dates will be pushed further into the future (albeit only 45 days), which could negatively impact a rule set where an industry wants the rules in place “as soon as possible.”

Fiscal/Economic Impact

(a) Department

Budgetary: The bill will have a neutral budgetary impact on the Department.

Revenue: The bill is revenue-neutral.

Comments: The Bureau of Construction Codes and Fire Safety has no objections to this bill.

(b)State of Michigan

Budgetary: The bill has a neutral budgetary impact.

Revenue: The bill is revenue-neutral.

Comments:

(c)Local Government

Comments: The bill will benefit code officials representing local governments by allowing them to obtain and review construction code amendments well in advance of their enforcement dates.

Other State Departments:
The bill has no impact on other state departments.

Any Other Pertinent Information:
The printer of these code books can only benefit by being given more adequate time in which to print and distribute these books in large quantities.

Administrative Rules Impact:
The purpose of the bill is to allow more time between the distribution of code books and the effective/enforcement dates of those codes.