Building Codes Assistance Project

After years of litigation, the 2003 Michigan Uniform Energy Code (MUEC) for residential buildings has been approved for enforcement throughout the state of Michigan, effective immediately. This is an important victory for proponents of building energy efficiency, including the Michigan Department of Labor and Economic Growth, the Michigan Environmental Council (MEC), the Michigan Community Action Agency Association (MCAAA), and the Midwest Energy Efficiency Alliance (MEEA). The new code is based off the 2003 International Residential Code (IRC), with references to the 2004 IECC supplement.

In 2002, the Department of Labor & Economic Growth (DLEG) established a committee to review and update Michigan's Uniform Energy Code. After review and promulgation of the code, the Ingham County Circuit Court issued an injunction to halt the February 28, 2005, effective date of the rules in response to a lawsuit by the Michigan Association of Home Builders (MAHB). The new code has since been pending litigation for the last three and a half years.

Ruling on the main points of contention, the presiding judge determined that the State acted within the confines of statutory language, and that the Director of DLEG had the authority to implement the rule revising the MUEC to incorporate a higher energy efficiency standard. Secondly, the Judge determined that the Director appropriately considered the cost/benefit information before him when making this decision. On October 24, 2008, the court decided to dismiss the complaint and dissolve the injunction, making the rules effective immediately. Therefore, every unit of government enforcing the single state construction code must apply the 2003 Michigan Uniform Energy Code (MUEC) to newly issued permits.

The MEEA website has a detailed description of the long legal process to this point.

For other sources of information, please consult the DLEG notice concerning the immediate implementation of the new code. The 2003 Michigan Uniform Energy Code (PDF - 766 KB) is also available for download.

It has been advised to frequently check the websites of the state Bureau of Construction Codes and the state Energy Office for updates rather than calling them, given the extraordinary demands of implementing the new code immediately.

For more Michigan code status information, please consult the BCAP Michigan State Code Status page.