DEPARTMENT OF LABOR & ECONOMIC GROWTH

                        DIRECTOR'S OFFICE 

                       CONSTRUCTION CODE

(By authority conferred on the  director  of  the  department  of  labor  and 
economic growth by section 4 of 1972 PA  230,  MCL  125.1504,  and  Executive 
Reorganization Order Nos. 1996-2 and 2003-1, MCL 445.2001 and 445.2011)


                             REHABILITATION CODE

R 408.30551  Applicable code.
  Rule  551.   The  international  existing  building  code,  2006   edition, 
including appendix A and resource A, hereinafter referred to as  "the  code," 
is adopted by  reference,  as  provided  in  MCL  24.232,  as  the  "Michigan 
rehabilitation code for existing buildings" with the  exception  of  sections 
104.8, 108.2 to 108.6, 114.3, 605.1.1 to 605.2, 706.2, 706.3 and 1104.1.1  to 
1104.1.4, 1105.15 and Appendix B, and as otherwise noted in these rules.  The 
international  existing  building  code,  2006  edition  is   available   for 
inspection at the Okemos  office  of  the  Michigan  Department  of  Labor  & 
Economic Growth, Bureau of Construction  Codes  or  from  International  Code 
Council, 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001, at a 
cost as of the time of adoption of these rules of $47.00.

  History: 2002 AACS; 2003 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30552    References to international codes.
  Rule 552. All  references  to  the  code,  international  electrical  code, 
international energy  code,  international  residential  code,  international 
mechanical  code,  and  international  plumbing  code  in  the  international 
existing building code  shall  mean  the  Michigan  building  code,  Michigan 
electrical code, Michigan uniform energy  code,  Michigan  residential  code, 
Michigan mechanical code and Michigan plumbing code, respectively.

  History: 2002 AACS.


R 408.30553    Title.
  Rule 553.  Section 101.1 of the code is amended as follows:
  101.1  Title.  These rules shall be known as  the  Michigan  rehabilitation 
code for existing buildings, hereinafter referred to as "this code."

  History: 2002 AACS.


R 408.30554    Scope.
  Rule 554.  Section 101.2 of the code is amended as follows:
  101.2  Scope.  The provisions of this  code  shall  apply  to  the  repair, 
alteration,  change  of  occupancy,  addition,  and  relocation  of  existing 
buildings.  A building or portion of a building which has not been previously 
occupied or used for its intended purpose shall comply with the provisions of 
the Michigan building  code  for  new  construction.   Repairs,  alterations, 
change of occupancy, existing buildings to which additions are made, historic 
buildings, and relocated buildings  complying  with  the  provisions  of  the 
Michigan  building  code,  the  Michigan  electrical   code,   the   Michigan 
residential code, the Michigan mechanical code,  and  the  Michigan  plumbing 
code shall be considered to be in compliance with this code.

  History: 2002 AACS.


R 408.30555    Rescinded.

  History: 2002 AACS; 2003 AACS.


R 408.30556   Elevators.
  Rule 556.  Section 802.1.2 of the code is amended as follows:
  802.1.2.  Elevators.  Where there is an elevator or  elevators  for  public 
use, at least 1 elevator  serving  the  work  area  shall  comply  with  this 
section.  Existing elevators with a travel distance of 25 feet (7620  mm)  or 
more above or below the main floor or other level of a building and  intended 
to serve the needs  of  emergency  personnel  for  fire  fighting  or  rescue 
purposes shall be provided with emergency operation in  accordance  with  the 
Michigan elevator code.   New  elevators  shall  be  provided  with  phase  I 
emergency recall  operation  and  phase  II  emergency  in-car  operation  in 
accordance with the Michigan elevator code.

  History: 2002 AACS; 2008 MR 6, Aug. 1, 2008.


R 408.30557  Definitions.
  Rule 557.  The definition of act and building official are added to section 
202 of the code to read as follows:202.  Definitions.
  "Act"   means   1972   PA   230,   MCL   125.1501   and   known   as    the 
Stille-DeRossett-Hale single state construction code act.
  "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 P.A. 54, MCL 338.2301  to 338.2313.  Where used in  this 
code, the term code official means "building official".

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30558    Preliminary meeting.
  Rule 558.  Section 104.2.1 of the code is amended as follows:
  104.2.1  Preliminary meeting.  When  requested  by  the  owner  or  owner's 
agent, the building official shall meet with the owner or the  owner's  agent 
to discuss plans for the proposed work or  change  of  occupancy  before  the 
application for a construction permit in  order  to  establish  the  specific 
applicability of the provisions of this code.  The  building  official  shall 
notify the appropriate fire official of the meeting.
  Exception: Repairs, and alterations level 1.

  History: 2002 AACS; 2003 AACS.


R 408.30559    Preliminary review.
  Rule 559.  Section 104.2.2 is added to the code to read as follows:
  104.2.2  Preliminary review.  When a building permit  is  required  by  the 
code, the owner  or  owner's  agent  may  request  a  review  of  preliminary 
construction documents to determine compliance with this code.

  History: 2002 AACS; 2003 AACS.


R 408.30560    Annual permit.
  Rule 560.  Sections 105.1.1 and 105.1.2 of the code are amended as follows:
  105.1.1  Annual  permit.   In  place  of  an  individual  permit  for  each 
alteration to an already approved electrical, gas,  mechanical,  or  plumbing 
installation, the enforcing agency is authorized to issue  an  annual  permit 
upon application therefor to any person, firm, or corporation.  The applicant 
shall be licensed in accordance with the requirements of  1956  PA  217,  MCL 
338.881 et seq., 1984 PA 192, MCL 338.971  et  seq.,  or  2002  PA  733,  MCL 
338.3511 et seq.
  105.1.2  Annual permit records.  The person to whom  an  annual  permit  is 
issued shall keep a detailed record  of  alterations  made  under  an  annual 
permit.  Access to the records shall be provided at all times and the records 
shall be filed with the enforcing agency.  

  History: 2002 AACS; 2003 AACS.


R 408.30561  Accessibility.  Rule 561.  Sections 308.1, 308.6, 308.7, 308.8.2 
and 308.8.3 of the code are amended as follows:
  308.1 Scope.  A building, facility, or element that has  a  change  in  use 
group or occupancy load or alteration shall comply  in  accordance  with  the 
requirements of 1966 PA 1, MCL 125.1351 to 125.1356 and the Michigan building 
code, R 408.30401 to R 408.30547.
  308.6  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 308.7 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 308.6  to  308.8 
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 listed in chapter 35.
  308.7  Alterations affecting an area containing a primary function.   Where 
an alteration affects the accessibility to a, or contains an area of, primary 
function, the route to the primary function area shall  be  accessible.   The 
accessible route to the primary function area shall include toilet facilities 
or drinking fountains serving the area of primary function.
  Exceptions:
  1.  This provision does not apply to alterations limited solely to windows, 
hardware, operating controls, electrical outlets, and signs.
  2.  This  provision  does  not  apply  to  alterations  limited  solely  to 
mechanical systems, electrical systems, installation or  alteration  of  fire 
protection systems, and abatement of hazardous materials.
  3.  This provision does not apply to alterations undertaken for the primary 
purpose of increasing the accessibility of an existing building, facility, or 
element.
  308.8.2  Elevators.  Altered elements of existing  elevators  shall  comply 
with the Michigan elevator code, R 408.7001 to  R  408.8695.   Such  elements 
shall also be altered in elevators programmed to respond  to  the  same  hall 
call control as the altered elevator.
  308.8.3.  Platform  lifts.   Platform  (wheelchair)  lifts  complying  with 
ICC/ANSI A 117.1 listed in chapter 35, 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.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30562  Submittal of documents.
  Rule 562.  Section 106.1 of the code is amended as follows:
  106.1  Submittal of documents.  Construction documents, special  inspection 
and structural observation programs, investigation  and  evaluation  reports, 
and other data shall be submitted in 1 or more sets with each application for 
a permit.  The construction documents shall  be  prepared  by  or  under  the 
direct supervision of a registered design professional when required by  1980 
P.A. 299, MCL 339.101 to  339.2721.   Where  special  conditions  exist,  the 
building official is authorized to require additional construction  documents 
to be prepared by a registered design professional.
  Exception:  The building official is authorized to waive the submission  of 
construction documents and other data  not  required  to  be  prepared  by  a 
registered design professional if it is found that the  nature  of  the  work 
applied for is such that reviewing of construction documents is not necessary 
to obtain compliance with this code.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30563    Fire flow requirements.
  Rule 563.  Section 106.1.1.2 is added to the code to read as follows:
  106.1.1.2  Fire flow requirements.  The application  for  permit  shall  be 
accompanied by an evaluation of the  available  fire  flow  at  the  building 
utilizing the existing  fire  hydrants  on  the  site,  public  streets,  and 
adjacent sites in accordance with the provisions of section B105 of  appendix 
b of the international fire code.

  History: 2002 AACS; 2003 AACS.


R 408.30564  Elevator control.
  Rule 564.  Section 1301.6.14 of the code is amended as follows:
  1301.6.14  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 1301.6.14, determine the  appropriate  value  and  enter 
that value into table  1301.7  under  safety  parameter  1301.6.14,  elevator 
control, for fire safety, means of egress, and general  safety.   The  values 
shall be zero for a single-story building.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30565  Payment of fees.
  Rule 565.  Section 108.1 of the code is amended as follows:
  108.1  Payment of fees.  The fees prescribed by the act shall  be  paid  to 
the enforcing agency of the jurisdiction before a permit to begin work may be 
issued.  In addition, an amendment to a permit  necessitating  an  additional 
fee shall not be approved until the additional fee has been paid. 

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30566  Smoke alarm locations.
  Rule 566.  Sections 401.4 and 401.5 are added to the code as follows:
  401.4.  Smoke alarm locations  in  existing  buildings  constructed  before 
November  6,  1974.   Within  each  dwelling  unit  or   sleeping   unit,   a 
single-station smoke alarm shall be installed in the following locations: 
  1.  In each sleeping room or each area directly outside the sleeping room.
  2.  On each floor level including the basement level.  
  For sleeping units with  split  levels  and  without  an  intervening  door 
between the adjacent levels, a smoke alarm installed on the upper level shall 
suffice for the adjacent lower level provided that the lower  level  is  less 
than 1 full story below the upper level.
  401.5.  Equipment Requirements.  The required equipment  for  smoke  alarms 
consist of the following:
  1.  Installation.  Smoke alarm devices shall be  listed  and  installed  in 
accordance with the provisions of this code, the  manufacturers  installation 
requirements, and the provisions of NFPA 72 as listed in chapter 15.
  2.  Power Source.  The equipment shall be operable by power from 1  of  the 
following primary sources.
  a.  The building  wiring  provided  that  such  wiring  is  served  from  a 
commercial source and is equipped with a battery  backup.   Wiring  shall  be 
permanent and without a disconnecting  switch  other  than  as  required  for 
overcurrent protection.
  b.  A non-rechargeable battery that is capable of operating the smoke alarm 
in the normal condition for a life of 5 years.
  c.  A rechargeable battery, with proper charging, able to power  the  alarm 
for a life of 5 years and shall be automatically recharged by an  AC  circuit 
of the commercial light and power source.
  d.  A household or commercial use alarm system with battery  backup  listed 
and approved  in accordance with the household and  commercial  fire  warning 
equipment provisions of NFPA 72, as adopted by reference in this rule.
  3.  Audible Alarm Notification.  The activation of the alarm  signal  shall 
produce a sound that is audible in all occupiable dwelling areas.
  4.  Testing and Maintenance.  The  owner  of  a  dwelling  unit,  in  which 
required or optional fire detection or fire protection systems  equipment  is 
installed, shall be  responsible  for  the  proper  operation,  testing,  and 
maintenance  of  the  equipment  in  accordance   with   the   manufacturer's 
instructions included with the equipment.  The occupant  of  rental  dwelling 
units shall be responsible for the periodic operational testing and  periodic 
cleaning of the installed equipment within the rental unit in accordance with 
the testing instructions provided in the manufacturer's instructions for  the 
equipment.  If the system fails, breaks, or is out of service,  it  shall  be 
repaired and functional within 30 days.
  Exception:  Smoke alarms and devices  installed  in  buildings  constructed 
before November 6, 1974 where an installation was approved by the appropriate 
enforcing agency under regulations in effect at the time of the  installation 
shall be considered to comply with the provisions of the code.

  History: 2002 AACS; 2003 AACS; 2005 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30567    Rescinded.

  History: 2002 AACS; 2003 AACS.


R 408.30568  Altered area use and occupancy classification change.
  Rule 568.  Section 110.1 of the code is amended as follows:
  110.1  Altered area use and occupancy classification  change.   An  altered 
area of a building shall not be  used  or  occupied,  and  a  change  in  the 
existing occupancy classification of a building or portion thereof shall  not 
be made until the building official has issued a certificate of occupancy  in 
accordance with the act.  The issuance of a certificate  of  occupancy  shall 
not be construed as an approval of a violation of the provisions of this code 
or of the other ordinances of the jurisdiction.  

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30569  Minimum requirements.
  Rule 569.  Section 1005.1 of the code is amended as follows:
  1005.1.   Minimum   requirements.    Accessibility   provisions   for   new 
construction  shall  apply  to  additions.   An  addition  that  affects  the 
accessibility to, or contains an area of, primary function shall comply  with 
the requirements of section 308.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30570  Board of appeals.
  Rule 570.  Sections 112.1 and 112.3 of the code are amended as follows:
  112.1  Means of appeal.   An interested person may appeal a decision of the 
enforcing agency to the board of appeals in  accordance  with  the  act.   An 
application for appeal shall be based on a claim that the true intent of  the 
code or the rules governing construction have been  incorrectly  interpreted, 
the provisions of the code do not apply,  or  an  equal  or  better  form  of 
construction is proposed.  The decision of a local board of  appeals  may  be 
appealed to the construction code commission in accordance with the  act  and 
time frames.
  Exception:   Requests  for  barrier  free  design  exception  shall  be  in 
accordance with 1966 PA 1, MCL 125.1351 to 125.1356.
  112.3  Qualification.  The board of appeals shall consist  of  members  who 
are qualified in accordance with the act.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30571  Violation penalties.
  Rule 571.  Section 113.4 of the code is amended as follows:
  113.4 Violation penalties.  (1) It is unlawful for  any  person,  firm,  or 
corporation to violate a provision of this code or fail to conform  with  any 
of the requirements thereof, or  erect,  construct,  alter,  extend,  repair, 
move, remove, demolish, or  occupy  any  building,  structure,  or  equipment 
regulated by this code, or cause work to be performed  or  done  in  conflict 
with or in violation of the approved construction documents or  directive  of 
the enforcing agency or a permit or certificate issued under this code.  
  (2) A violator shall be assessed a fine in accordance with the act.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30572  Stop work order.
  Rule 572.  Section 114.2 of the code is amended as follows:
  114.2  Issuance. Upon  notice  from  the  enforcing  agency,  work  on  any 
building or structure that has been done  contrary  to  this  code  or  in  a 
dangerous and unsafe manner shall immediately  cease.   Notice  shall  be  in 
accordance with the act.  A person who is served  with  a  stop  work  order, 
except for work that the person is directed to perform to remove a  violation 
or unsafe condition, is subject to the penalty provisions prescribed  in  the 
act.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30573   Change of occupancy.  Rule 573.  Section308.4 of  the  code  is 
amended as follows:
  308.4.  Change  of  occupancy.   Unless  technically  infeasible,  sections 
308.5, 308.6, 308.7 and 308.8 of the code shall be applied in accordance with 
1966 PA 1, MCL 125.1351 to 125.1356.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30574  Accessibility.
  Rule 574.  Section 605.1 of the code is amended as follows:
  605.1  General.  A building, facility, or element that is accessible  shall 
remain accessible in accordance with the  requirements  of  1966  PA  1,  MCL 
125.1351 to 125.1356 and  the  Michigan  building  code,  R  408.30401  to  R 
408.30547.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30575  High-rise buildings.
  Rule 575.  Section 802.1 of the code is amended as follows:
  802.1  High-rise buildings.  Any building having 1 or more occupied  floors 
located more than 55 feet  (16  764  mm)  above  the  lowest  level  of  fire 
department vehicle access shall comply  with  the  requirements  of  sections 
802.1.1 and 802.1.2.
  Exception:  The provisions of sections 802.1.1 and 802.1.2 shall  apply  to 
buildings having occupied floor levels more than 75  feet  above  the  lowest 
level of fire department vehicle access where the local  unit  of  government 
has complied with the provisions of section 403.1 of  the  Michigan  building 
code, exception 6.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30576  Accessibility requirements.
  Rule 576.  Sections 906.1 and 1104.1 of the code are amended as follows:
  906.1 General.  Accessibility in portions of buildings undergoing a  change 
of occupancy classification shall comply with the provisions of section 308.4.
  1104.1 Accessibility requirements.  The provisions  of  section  308  shall 
apply to buildings and facilities  designated  as  historic  structures  that 
undergo alterations, unless technically infeasible.   Where  compliance  with 
the  requirements  for  accessible  routes,  ramps,  entrances,   or   toilet 
facilities would  threaten  or  destroy  the  historic  significance  of  the 
building or facility, as determined by the  code  official,  the  alternative 
requirements of sections 1104.1.1 to  1104.1.5  for  that  element  shall  be 
permitted.

  History: 2002 AACS; 2003 AACS; 2008 MR 6, Eff. Aug. 1, 2008.


R 408.30577  Applicability.
  Rule 577.  Sections 706.1and 806.1 are added to the code and 1301.2 of  the 
code is amended as follows:
  706.1  General.  A building, facility, or element  that  is  altered  shall 
comply with section 308.
  806.1  General.  A building, facility, or element  that  is  altered  shall 
comply with section 308.
  1301.2 Applicability.  Structures existing  before  November  6,  1974,  in 
which there is work involving additions, alterations, or changes of occupancy 
shall be made  to  conform  to  the  requirements  of  this  chapter  or  the 
provisions of chapters 4 through 12 of the code.  The provisions in  sections 
1301.2.1 to 1301.2.5 shall apply to existing occupancies that  will  continue 
to be, or are proposed to be, in groups A,  B,  E,  F,  M,  R,  and  S.   The 
provisions of this rule shall not apply  to  buildings  with  occupancies  in 
group H or I.

  History: 2002 AACS; 2008 MR 6, Eff. Aug. 1, 2008.