From: Martie VanBerlo Sent: Monday, April 14, 2025 6:03 PM To: Joint Committee on Administrative Rules Subject: Public hearing Comments - April 16, 2025 - Rule 25-19 & 25-20 April 13, 2025 Esteemed Members of JCAR, My name is Martin Van Berlo. I have been involved in the construction industry for 48 years, including 26 years of service to the citizens of Emmet County as a building inspector, plan reviewer, and as building department director for 17 of those 26 years. As a code official, I have had the privilege of serving as a member of the Michigan Residential Code review committee for the 2009 and 2015 Michigan Residential Codes, as well as the 2009 and 2012 Michigan Building Codes. Others have provided you their views on sprinkler systems, energy code, and electrical code. I am here today to offer my perspective as a code official. As code officials we are the ones responsible for enforcing new code requirements, training inspectors, educating contractors, and informing the public about changes. When those changes make the codes more strict and/or increase costs, we, as code officials are often the first to face criticism. I am not opposed to updated codes, but those updates must be fair, equitable, and reasonably affordable. I often remind people that the code is intended to establish a minimum standard for construction. Building better than the minimum standard is simply that, better, but the code itself should remain a minimum standard. Last spring, I submitted a four-page letter to LARA as public comment against certain proposed code provisions. For accuracy in my comments, I researched how other states were dealing with residential sprinkler systems, energy codes, and electrical provisions. I posed several questions related to these subjects, asking if changes to those topics were too much, and suggested that they be adjusted in the proposed 2021 Michigan Residential Code, in an effort to help maintain affordable housing in Michigan. A copy of that four-page letter was sent to each of you in an email earlier this week. Hopefully, you or your staff have had the opportunity to review it, before you make a decision on the revised 2021 Michigan Residential Code Rules that are before you. On December 12, 2024, LARA held a public meeting to gather input regarding the adoption of a 2024 Michigan's Residential Code. A number of those in attendance voiced their preference to halt the 2021 MRC process and instead move forward with the 2024 review process. Only one person spoke against that. On January 10, 2025, LARA notified stakeholders via email that the Bureau would proceed with reviewing the 2024 MRC. This communication suggested that the Bureau was responding to public concerns and taking a positive step forward. Instead they continue in their attempt to move forward with the 2021 Michigan Residential Code. I do have a bit of history to share related to the process of review of what became the 2015 Residential Code that may help you in your decision now. I served on the review committee for the what became the 2015 Michigan Residential Code, but starting that process with the 2012 International Residential Code in August of 2013. Due to multiple energy code changes submitted, for and against stricter energy code requirements, the review process became stalled in the summer of 2014 when energy code advocates and the HBA of Michigan were asked to develop a compromise on the energy code so that the code review committee could continue its task. That compromise became our current energy code. The review process continued and was near completion in the late fall of 2014, and then became stalled again. On December 10, 2014, LARA held a public meeting to consider updating to the 2015 International Residential Code instead. Consequently, the 2012 code review process abruptly ended in February of 2015, before completion of the 2012, and the committee proceeded with a review of the 2015 International Residential Code, which ultimately resulted in adoption of the 2015 Michigan Residential Code. Just as the 2024 code is an improved version of the 2021 code, the 2015 code was an improved version of the 2012 code. The review and approval process has been redirected before. What is before you now needs to have the same result. End the 2021 process and move forward with the 2024 Residential Code. At a continuing education seminar on changes from the 2015 to the 2021 International Building Code held during the 2024 Fall Code Officials Conference of Michigan meeting, the ICC instructor highlighted several improvements in the 2024 International Residential Code compared to the 2021 version. His comment was mistakes were corrected. Doesn't it make sense now to move forward with a more refined and improved residential code? LARA has the ability to completely skip the 2021 MRC and move toward the 2024 MRC instead. Based on the language of the law, State law simply says the director must update the residential code at least once every 6 years. It doesn’t say the director has to sequentially measure the year in which the model codes were published. The state construction code act gives the LARA Director broad power to amend proposed codes as he or she sees fit. The 2024 model code can and should be substituted in place of LARA’s proposed rules now before JCAR. Given these considerations, I strongly encourage JCAR to support halting the adoption of the proposed 2021 Michigan Residential Code, and instead request that LARA proceed with reviewing the 2024 Michigan Residential Code for adoption as Michigan’s next residential code. Regardless of what neighboring states have done, this approach would allow Michigan to maintain its leadership in residential code development rather than simply following what has been adopted by others, especially when that 2024 version has been improved from what was contained in the 2021 version. I thank you for your efforts to protect Michigan residents from overly burdensome code requirements that extend beyond a reasonable minimum standard. I appreciate your thoughtful consideration of public comments and your dedication to ensuring that Michigan's building codes remain practical, affordable, and effective, as a minimum standard of construction. Respectfully submitted, Martin Van Berlo Building Official, Emmet County mvanberlo@emmetcounty.org www.emmetcounty.org 231.439.8988 Confidentiality Notice: This e-mail message, including any attachments, may contain confidential information. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this e-mail information is prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all copies of the original message.