FLEX BILL PASSES - CODE REVIEW BEGINS IN MARCH

PA 504 places the Michigan Residential Code on a flexible code adoption cycle. Currently the residential code and the energy requirements found in chapter 11 of the residential code must be updated every three years whether such an update is needed or not.

Commencing with the 2015 national code change cycle the residential code will shift to the flexible code cycle found in the bill. The process of updating the 2009 Residential Code, including the residential energy efficiency requirements found in Chapter 11 of the residential code, by adding, amending or rescinding rules will begin by March 27, 2013. This is the same process the state has used in for previous code updates. Updates to the commercial codes began last year.

PA 504 also prevents the adoption or enforcement of any new or existing code, including the new International Green Construction Code, which is not already listed in the Single State Construction Code Act. In order for a new, unlisted code to be promulgated and enforced, the Legislature must first pass a bill and the Governor must sign that bill adding the code to the list found in the Single State Construction Code Act. This requirement does not apply to codes, such as the residential code, already listed in the law. It also prevents the substitution of an unlisted code for a code named in the law which was the subject of the administrative procedures lawsuit filed by the association in 2005.

Lee Schwartz

Executive Vice President for Government Relations
Home Builders Association of Michigan-HBAM