Michigan committee hears competing calls to adopt 2021 codes or jump to 2024; sprinkler requirement draws sharp debate

LANSING — The Joint Committee on Administrative Rules on Thursday heard hours of testimony on whether Michigan should adopt the 2021 International Residential Code and related energy and electrical standards or move directly to the 2024 editions, and whether residential fire-sprinkler language removed from the state proposal should be restored.

The meeting focused on competing claims about safety, cost and legal process from the Michigan Department of Licensing and Regulatory Affairs (LARA), home builders, fire officials, electrical inspectors and industry groups.

Why it matters: LARA said it must follow statutory cycles in updating Michigan's codes and cannot have two overlapping rule dockets open, so it is advancing rules based on the 2021 code now and said it will begin rulemaking on the 2024 code after the current rule set is finalized. Builders and some industry groups urged skipping to 2024 to avoid two quick code updates; fire officials and inspectors urged adoption of stronger life-safety provisions now, including restoring residential sprinkler language.

LARA testimony and statutory constraints

Paige Fultz, director of the Office of Policy and Legislative Affairs at LARA, and Andrew Briscoe, director of the Bureau of Construction Codes, told the committee their office is charged with administering the state construction code act and adopting the ICC and NFPA model codes on a multi-year cycle. Briscoe said the department’s proposal before the committee adopts the 2021 residential code and the residential portion of the energy code and that the electrical code has been updated to the 2023 National Electrical Code.

Briscoe said the statute requires LARA to review the residential code within a statutory window and that process began before the 2024 International Residential Code was released. He said the residential sprinkler provisions in the rule package under consideration were presented as an optional framework rather than a mandate: "If a homeowner decided they wanted a residential sprinkler, it provides standards by which that would be installed, but it's not a mandate." He also told the committee: "Our intention, once we've completed this rule making process that's now at its last stage, would be to immediately begin the process of opening that rule set and working toward adopting the latest standard, the 2024 IRC."

Builders and industry: skip to 2024 to avoid disruption

Representatives of the Home Builders Association of Michigan (HBA) and large builders urged the committee to permit LARA to withdraw the 2021 rule set and move directly to the 2024 cycle. Bob Filka, CEO of the HBA of Michigan, said the association had advocated skipping prior interim cycles in the past and argued LARA has flexibility to change course. Aaron Vandermuellen, HBA code committee chair and a fourth-generation builder, said the 2024 energy code restores flexibility and "improves overall building efficiency about 6 to 8% beyond the 20 21 code that was approved." Builder witnesses described compliance pathways, training burdens and estimated per-home cost impacts for the 2021 energy provisions ranging from about $15,000 to $30,000 depending on the house and compliance method.

Fire, inspection and safety groups push sprinkler language, uniform electrical code

Fire officials and code inspectors urged the committee to retain stronger safety language — including residential sprinkler requirements — and to adopt a single, up-to-date electrical code statewide. Anton Thomason of the Michigan Reciprocal Electrical Council told members: "It saddens me that the discussion here tends to be around what this is gonna cost, but not once has safety been mentioned." Stan Barnes, with the Michigan Fire Inspector Society, said: "Did you know that you only have 2 minutes to make it out of a house fire right now? 2 minutes." Fire chiefs and inspectors presented statistics on recent Michigan fire deaths and multiple examples of houses with sprinklers where occupants survived major fires.

Manufacturers, utilities and energy advocates

Representatives of Eaton Corporation and the National Electrical Manufacturers Association told the committee adopting the newer national electrical code (the 2023 NEC) and aligning the state's residential code is important to safety and to manufacturers investing in Michigan. Grace McKenzie of the Michigan Energy Innovation Business Council supported adoption of the 2021 residential energy code, presenting the council's estimate that the 2021 energy code would reduce household energy use and save the average homeowner roughly $327 per year compared with Michigan's current code.

Process questions, statutory interpretation and next steps

Several lawmakers repeatedly questioned LARA's interpretation of the statute governing how often the residential code may be updated and whether the department could withdraw the 2021 rule set to adopt 2024 immediately. Builders argued litigation over the 2021 energy code could delay implementation and that the 2024 code follows an ANSI-based consensus process intended to resolve prior process issues; fire and inspection groups argued delay or rollback of sprinkler language would reduce life-safety protections.

LARA said it cannot have two identical rule dockets open at once and that the department will proceed to finalize the 2021-based rule set currently before JCAR and then pursue the 2024 adoption afterward. No committee vote on the codes themselves was recorded during this meeting.

Votes and procedural actions

The committee approved adoption of the March 5 meeting minutes on unanimous consent after Senator Bueno moved to adopt the minutes. Representative Johnson later moved to excuse absent members; that motion also prevailed by unanimous consent. No formal votes on the residential or energy code adoptions were taken at this session.

What’s next

LARA told the committee it plans to complete the current rulemaking for the 2021 residential code and then immediately initiate the APA rulemaking process for the 2024 residential code. Committee members and stakeholders signaled continued disagreement over timing, cost, and life-safety trade-offs. The committee adjourned with the issue unresolved; parties on each side said they will continue to press their positions in subsequent rulemaking and hearings.