2006 Code Update
On again. The more I know, the less I know I know. Last month, it was indicated that the Department of Labor and Economic Growth (DLEG) would not consider the adoption of Appendix P Sprinklers as a stand alone issue. After having provided members of the Department of Labor and Economic Growth (DLEG), Building Codes Review Committee a copy of the preliminary revision text for the adoption of the 2006 version of the Michigan Residential Code (MRC) which included the proposed adoption of Appendix P Sprinklers, the Department has now filed a Request For Rule making (RFR) to adopt Appendix P Sprinklers as a separate request (2006-083 LG) as was agreed in April of 2006. No revision text has been posted by the State Office of Administrative Hearings and Rules (SOAHR) for either the Part 4. Rules (2006-002 LG) or Appendix P as of this writing. You can follow the progress of these rule changes on the SOAHR web page at http://www.state.mi.us/orr/emi/rules.asp?type=Numeric&id=2006&
Smoke Alarms Revisited
Confusion continues to persist as to when smoke alarms must be added to an existing structure. Apparently the Authority Having Jurisdiction (AHJ) in some areas is attempting to require the installation of smoke alarms in accordance with Section R313.1.1 of the Michigan Residential Code (MRC), whenever any alterations or repairs are made. The Stille-DeRossett-Hale Single State Construction Code, Act 230 of 1972 provides that the legal occupancy of a residence shall continue without change. I.e. the code shall not be retroactive.
The Michigan Residential Code (MRC) Section R102.7.1 Additions, alterations or repairs, states:
"Additions, alterations or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building."
MRC Section R313.1.1 Alterations, repairs and additions (formerly Section R317.1.1) states:
"When interior alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected and hard wired.
Exceptions:
1. Smoke alarms in existing areas shall not be required to be interconnected and hard wired where the alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available which could provide access for hard wiring and interconnection without the removal of interior finishes.
2. Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section."
Currently, only the addition of sleeping rooms or added levels would require the addition of smoke alarms. For a discussion of for the rules, see page 2 of the May 2002 issue of the Consumer and Industry Services, Bureau of Construction Codes (CIS BCC), now known as the Department of Labor and Economic Growth, Bureau of Construction Codes (DLEG BCC) quarterly BULLETIN at http://www.michigan.gov/documents/dleg_bccfs_may02_152436_7.pdf
That having been said, on April 20th, 2004 the Michigan legislature passed Public Acts 64 and 65 to amend the MRC, the Michigan Building Code (MBC), the Michigan Rehabilitation Code for Existing Building (MRCEB) and the Housing Law of Michigan (Act 167 of 1917) to require smoke alarms be installed in all building and structures constructed prior to November 6th, 1974 as follows:
"125.1504c Installation of smoke alarms in existing buildings or structures; promulgation of rules required.
Sec. 4c.
(1) Beginning 1 year after the effective date of the rules promulgated under subsection,
(2) the owner of an existing building or structure constructed before November 6, 1974 shall install 1 or more smoke alarms in that building or structure, as provided in those rules.
(3) …"
The rules were finally promulgated by the Department of Labor and Economic Growth (DLEG) with an effective date of March 14th, 2006. Building owners, builders and remodelers must install at a minimum, one smoke alarm in or immediately outside each sleeping room and on each level of every building or structure by March 14th, 2007. The alarm shall be hard wired with a battery backup or have a battery with a 5 year minimum life or be recharged from the buildings main power supply. A complete listing of the new code language can be found beginning on page 12 of the 2006 Michigan Register 23 on the Library of Michigan web site at
http://digitalarchive.oclc.org/da/ViewObject.jsp?objid=0000016244& for the MBC and the MRC and beginning on page 15 for the MRCEB.
Further, most, if not all, currently available smoke alarms have an effective life of 10 years. Any smoke alarm which has been in service for ten or more years should be replaced with a new alarm. Consumers should be advised to test the devices weekly and to vacuum the devices monthly in accordance with manufacturers' instructions.