DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

CONSTRUCTION CODE

Filed with the secretary of state on

These rules become effective 120 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory affairs by section 4 of the Stille-DeRossett-Hale single state construction code act 1972 PA 230, MCL 125.1504, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4, and 2017-1, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 339.3102)

R 408.30801, R 408.30808, R 408.30810, R 408.30818, R 408.30819, R 408.30823, R 408.30838, and R 408.30873 of the Michigan Administrative Code are amended, R 408.30870 is added, and R 408.30826 and R 408.30828 are rescinded, as follows:

PART 8.  ELECTRICAL CODE

R 408.30801  National electrical code; adoptions by reference; inspection; purchase.

  Rule 801.  (1) The standards contained in the national electrical code 2017 2023 edition, including Annex H, except sections 80.2, 80.5, 80.15, 80.21, 80.27, 80.29, 80.31, 80.33, 80.35, and 90.6, and 547.1 to 547.10, as published by the national fire protection association (NFPA), shall govern the installation, replacement, alteration, relocation, and use of electrical systems or material. With the exceptions noted, the national electrical code is adopted in these rules by reference.

  (2) Elevators. All references to the ANSI/ASME A17.1-2013, 2016 safety code for elevators and escalators mean the Michigan elevator code and all references to the national electrical code mean the Michigan electrical code. 

  (3) Stand by power. NFPA 110, standard for emergency and standby power systems, 2013 2019 edition and NFPA 111, standard on stored electrical energy emergency and standby power systems, 2013 2019 edition, are adopted by reference in these rules.

  (4) Availability. The codes are available for inspection at the Lansing office of the Michigan dDepartment of lLicensing and rRegulatory aAffairs, bBureau of cConstruction cCodes, 611 West Ottawa Street, First Floor Ottawa Building, Lansing, Michigan 48933. 

  (5) Purchase. The National Electrical Code, NFPA 110 and NFPA 111 may be purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269 02169, or through the bureau’s website at www.michigan.gov/bcc, at a cost as of the time of adoption of these rules of $98.00, $47.50, $75.00, and $70.00 $47.50 each, respectively. 

R 408.30808  Scope.

  Rule 808.  Sections Section 80.1 is amended, and 80.1.1, is added to the code to read as follows:

  80.1 Scope. The following are covered:

  (1) The inspection of electrical installations as covered by 90.2.

  (2) The review of construction plans, drawings, and specifications for electrical systems.

  (3) The design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment.

  (4) The regulation and control of electrical installations at special events, including, but not limited to, exhibits, trade shows, amusement parks, and other similar special occupancies.

  80.1.1.  Severability.  If a section, subsection, sentence, clause, or phrase of the code is, for any reason, held to be unconstitutional, this decision shall not affect the validity of the remaining portions of the code.

R 408.30810  Authority.

  Rule 810.  Section 80.13 is added to the code to read as follows:

80.13. Authority. Where used in this article, the term authority having jurisdiction

shall include the chief electrical inspector or other individuals designated by the

governing body. This code shall be administered and enforced by the authority having

jurisdiction designated by the governing authority as follows:

  (1) Disconnection.  When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the authority having jurisdiction may have the premises disconnected from its source of electric supply., as established by the board.  When this equipment or installation has been condemned or disconnected, a notice shall be placed on the equipment or installation listing the causes for the condemnation, or the disconnection, or both, and the penalty for the unlawful use of the equipment or installation.  Written notice of this condemnation or disconnection and the causes of it shall be given within 24 hours to the owners, or the occupant, or both, of the building, structure, or premises.  It is unlawful for any person an individual to remove this notice, to reconnect the electrical equipment to its source of electric supply, or to use or permit to be used electric power in any electrical equipment until the causes for the condemnation or disconnection have been remedied to the satisfaction of the inspection authorities.

  (2) Delegate authority.  The authority having jurisdiction may delegate to other qualified individuals the powers as necessary for the proper administration and enforcement of this code.

 (3)  Police, fire, and other enforcement agencies may render necessary assistance in the enforcement of this code when requested to do so by the authority having jurisdiction.

  (4)  The authority having jurisdiction may order any person or persons to remove or remedy the dangerous or hazardous condition or conditions or equipment.  Any person or persons who fail to comply with this order are in violation of this code.

  (5)  Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she may require that the hazardous conditions in violation of this code be corrected.

  (6)  Persons shall not use a badge, uniform, or other credentials to impersonate the authority having jurisdiction.

  (7)  The authority having jurisdiction may require plans and specifications to ensure compliance with this code.

  (8)  Whenever any installation is subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction may require that this work be exposed for inspection.  Neither the code official nor the jurisdiction is liable for expense entailed in the removal or replacement of any material required to allow inspection.  The authority having jurisdiction shall be notified when the installation is ready for inspections.

R 408.30818  Permits and certificates.

  Rule 818.  Section 80.19, is added to the code to read as follows:

  80.19.  Permits and approvals.  Permits and approvals shall conform to (a) to (e) (g), as follows:.

  (a) Transfer of permits. Permits shall not be transferable.

(a)(b) Application. Posting of permits.  A copy of the permit shall be posted or otherwise readily accessible at each work site. or carried by the permit holder as specified by the authority having jurisdiction.

(b) (c) Permit not required. A permit is not required for all of the following: Issuance of Permits.  The authority having jurisdiction shall be authorized to establish and issue permits, certificates, notices, and approvals, or orders pertaining to electrical safety hazards, except that no permit shall last longer than 180 days, or be required to execute any of the classes of electrical work specified in the following:

  (1) Lamps and cord connections.  Installation or replacement of equipment such as lamps and of electric utilization equipment approved for connection to suitable permanently installed receptacles.

  (2)  Minor repair work. Replacement of flush or snap switches, fuses, lamp sockets, and receptacles, and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device and minor repair work as defined in the skilled trades regulation act, 2016 PA 407, MCL 339.5101 to 339.6133.

  (3)  Electrical manufacturing. The process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.

  (4)  Statute exemptions. Installations that are referred to in section 737(3)(a), (b), (c), (d), (f), (h), (l), and (m) of the skilled trades regulations act, 2016 PA 407, MCL 339.5737.

  (d) Expiration. Permits shall expire 180 days after issuance or 180 days after the last inspection date.

(c)(e) Annual permits.  In lieu of an individual permit for each installation or alteration, an annual permit shall, upon on application, be issued to any person an individual, firm, or corporation regularly employing 1 or more employees for the installation, alteration, and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit.  Upon On application, an electrical contractor as an agent for the owner or tenant shall be issued an annual permit.  The applicant shall keep records of all work done, and the records shall be transmitted periodically to the electrical inspector.

  (d)(f) Inspection and approvals. 

  (1) Inspection notification. Upon On the completion of any an installation of electrical equipment that has been made under a permit, the person individual, firm, or corporation making the installation shall notify the electrical inspector having jurisdiction.

  (2) Approvals.  Where the inspector finds the installation to be in conformity with the code, state statutes, rules, and, if applicable, local ordinances, the inspector shall issue to the person individual, firm, or corporation making the installation a final approval, or certificate of approval provided payment has been made, which authorizes the connection into the supply of electricity.

  (3) Concealment. When any a portion of the electrical installation within the jurisdiction of an electrical inspector is to be hidden from view by the permanent placement of parts of the building, the person individual, firm, or corporation installing the equipment shall notify the electrical inspector, and the equipment shall not be concealed until it has been approved by the electrical inspector.  Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(e)(g)  Applications and extensions.  The authority having jurisdiction may grant 1one 180-day extension of the original permit time period of 180 days, upon presentation of the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit.

R 408.30819  Plans and specifications.

  Rule 819.  Sections 80.21, 80.21.1, and 80.21.2, and 80.21.3 are added to the code to read as follows:

  80.21.  Plans and specifications Plans required. An applicant shall submit a detailed set of plans and specifications with the application for an electrical permit for any wiring or alteration to an electrical system if the system requires installation of electrical equipment that has an ampacity of more than 400 amperes, at 1,000 volts or less, for the service or feeder and if the calculated floor area in a building is more than 3,500 square feet.  The enforcing agency may request plans for projects that include an unusual design.  The electrical drawings shall include all of the following details Plans and specifications shall conform to the following:

   (a)  Lighting layout.

   (b)  Circuiting.

   (c)  Switching.

   (d)  Conductor and raceway sizes.

   (e)  Wattage schedule.

   (f)  Service location and riser diagram.

   (g)  Load calculations and available fault current calculations.

   (h)  A proposed method of construction that is drawn with symbols of a standard form.

All conductors are assumed to be copper unless otherwise stated in the plan.  Specifications, when provided, shall also include the information listed in this rule.  The selection of suitable disconnect and overcurrent devices to provide proper coordination and interrupting capacity for a wiring system is the responsibility of the designer.  The enforcing agency, when approving electrical plans, does not assume responsibility for the design or for any deviations from any electrical drawings.  The permit holder shall ensure that the plans and specifications approved by the enforcing agency, or a certified copy of the plans and specifications, where required, are available on the jobsite for the use of the enforcing agency.

  80.21.1.  Application and permits Plan revisions.  Work shall be installed pursuant to the code and approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

80.21.2  Previous approvals.  This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been previously issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 

  80.21.32.  Information on construction documents.  Construction documents shall be dimensioned and drawn on upon suitable material.  Electronic media documents may be submitted when approved by the enforcing agency.  Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations as determined by the enforcing agency.

R 408.30823  Connection to electricity supply.

  Rule 823.  Section 80.25 is amended to the code to read as follows:

  80.25. Connection to electricity supply. Connections to the electric supply shall conform to (a) and (b).

(a) Supply electricity. Except where work is done under an annual permit and except as otherwise provided in section 80.25, it is unlawful for any person an individual, firm, or corporation to make connection to a supply of electricity or to supply electricity to any electrical equipment installation for which a permit is required or that has been disconnected or ordered to be disconnected.

(b) Utility emergency connections. The governing utility may reconnect the electrical service, prior to before approval by the enforcing agency, following emergency repairs performed by an electrical contractor licensed pursuant to article 7 of the skilled trades regulation act, 2016 PA 407, MCL 339.5701 to 339.5739. The electrical contractor shall secure a permit by the next business day after the work is completed. This requirement is not applicable to new service connections, upgrades, structural fires, or other planned modifications.

R408.30826 Violations. Rescinded.

Rule 826.  Section 80.23 is amended to the code to read as follows:

  80.23. Violations. Whenever the authority having jurisdiction determines that there

are violations of this code, a written notice shall be issued to the permit holder to confirm

such findings. Notice of violation shall be sent to the permit holder in writing.

R 408.30828 Definitions. Rescinded.

  Rule 828.  The definition of is added to article 100 of the code to read as follows:

“Act” means 1972 PA 230, MCL 125.1501 to 125.1531 and known as the Stille-DeRossett-Hale single state construction code act.

R 408.30838  NFPA code; adoption by reference.

  Rule 838.  Sections 700.9 and 701.9 of the code are amended to read as follows:

  700.9.  Installation.  Emergency systems shall be installed pursuant to NFPA 110 and NFPA 111, 2013 2019 editions, which are adopted by reference in R 408.30801 these rules.

  701.9.  Installation.  Legally required standby systems shall be installed pursuant to NFPA 110 and NFPA 111, 2013 2019 editions, which are adopted by reference in R 408.30801 these rules.

R. 408.30870  NFPA code; adoption by reference.

  Rule 870  Section 230.85 is added to the code to read as follows: 

  230.85 Emergency disconnects. For 1- and 2-family dwelling units, an emergency disconnecting means shall be installed.

  (A) General.

   (1) Location.  The disconnecting means shall be installed in a readily accessible outdoor location on or within sight of the dwelling unit.

Exception: Where the requirements of section 225.41 are met, this section shall not apply.

   (2) Rating. The disconnecting means shall have a short-circuit current rating equal to or greater than the available fault current.

   (3) Grouping. If more than 1 disconnecting means are provided, they shall be grouped.

  (B) Disconnects. Each disconnect shall be a service disconnect.

  (C) Replacement. Where service equipment is replaced, all of the requirements of this section shall apply.

  Exception: Where only meter sockets, service entrance conductors, or related raceways and fittings are replaced, the requirements of this section shall not apply.

  (D) Identification of other isolation disconnects. Where equipment for isolation of other energy source systems is not located adjacent to the emergency disconnect required by this section, a plaque or directory identifying the location of all equipment for isolation of other energy sources shall be located adjacent to the disconnecting means required by this section.

  (E) Marking.

   (1) Marking text. The service disconnecting means shall be marked as follows:

   EMERGENCY DISCONNECT, SERVICE DISCONNECT

R 408.30873  Uses permitted.

  Rule 873. Sections 334.10 and 334.12(A) of the code are amended to read as follows:

  334.10.  Uses Permitted.  Type NM, and type NMC, and type NMS cables may be used in the following, except as prohibited in section 334.12:

   (1)  One- and 2-family dwellings and their attached or detached garages, and their storage buildings.

   (2)  Multifamily dwellings and their detached garages.

   (3)  In other structures exceeding 1 floor above grade, cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least not less than a 15-minute finish rating as identified in listings of fire rated assemblies pursuant to the Michigan building code.

   (4)  Cable trays in structures permitted to be types III, IV, or V where the cables are identified for the use.

  334.12(A).  Uses not permitted.  Types NM, and NMC, and NMS cable shall not be permitted as follows:

   (1)  In a any dwelling or structure not specifically permitted in section 334.10(1), (2) and (3).

   (2)  Exposed in dropped or suspended ceilings in other than 1- and 2-family and multifamily dwellings.

   (3)  As service-entrance cable.

   (4)  In commercial garages having hazardous or classified locations as defined in section 511.3.

   (5)  In theaters and similar locations, except where permitted in section 518.4(B).

   (6)  In motion picture studios.

   (7)  In storage battery rooms.

   (8)  In hoistways or on elevators or escalators.

   (9)  Embedded in poured cement, concrete, or aggregate.

   (10)  In hazardous or classified locations, except where specifically permitted by other articles in this code.