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Re: ASME A17.3 Code Proposal

To the Michigan Department of Licensing and Regulatory Affairs,

The Building Owners and Managers Association (BOMA) of Metro-Detroit respectfully submits this code amendment proposal in response to the Bureau of Construction Codes' invitation to propose changes to its rules adopting the ASME A17.3 standard. We request consideration to narrow the application of Rule 408.7024 specifically to modernization and controller-alteration events, rather than applying the requirements retroactively to all elevators regardless of age, condition, or maintenance history. For many building owners, compliance under the current rule represents an insurmountable expense for elevators that are already safe, properly maintained, and code-compliant for their installation date.

On June 27, 2023, Michigan adopted the ASME A17.3 standard for existing elevators, establishing a tiered compliance schedule with final deadlines on January 1, 2028. Historically, Michigan has not required elevators that are safely operating under the code in effect during their installation to be retrofitted to meet subsequently adopted standards, absent a modernization or controller-alteration event.

Bringing an existing elevator into compliance with ASME A17.3 standards is a major adjustment that can cost in excess of $100,000 per elevator. For buildings with multiple elevators, this expense is multiplied across each elevator. Unlike expected modernizations or alterations, which owners can reasonably plan and budget for, a retroactive application of this code change imposes a fixed cost with no accommodation for the elevator's current condition.

The scale of this mandate compounds the problem. Michigan has approximately 29,000 active elevating devices, and out of this number about 20,400 active passenger and freight elevators, but there are only 660 licensed elevator mechanics to service them. Bringing existing elevators into compliance would require work on an estimated 18,000 elevators, at a projected statewide cost of $630 million to $1.9 billion. Illinois faced a narrower mandate limited to a single retroactive item, Door Lock Monitoring (DLM), and still estimated costs of $518 million to $1.18 billion. Michigan's broader mandate would impose a significantly higher burden, and its existing mechanic workforce cannot absorb this volume of work within the compliance window.

As noted, Illinois considered a similar rule, and its experience confirms the scale of this problem. The Office of the Illinois State Fire Marshal proposed requiring DLM, which Michigan plans as well, and building owners, organized through BOMA Suburban-Chicago, raised the same cost concerns we are raising here. The Illinois Joint Committee on Administrative Rules ended up rejecting that mandate. The standard industry practice that came out of it is to require DLM only when an elevator is modernized or its controller is altered, rather than retroactively on every existing unit.

Washington state also took a similar approach. Under WAC 296-96-00675, elevator controller replacements are classified as major alterations, which limits ASME A17.3 accordingly:

"ASME A17.3 if adopted by the authority having jurisdiction for major alterations only. Major alterations are considered to be controller replacements." (emphasis added).

Considering the adjustments to the regulatory actions taken by Illinois and Washington, as well as the cost burden this mandate would impose on Michigan building owners and its mechanic workforce, we respectfully request that the Bureau of Construction Codes amend Rule 408.7024 to adopt this same approach. ASME A17.3's installation requirements should be limited to elevators undergoing modernization or controller-alteration, and elevators that are not undergoing such changes should be grandfathered in.

Thank you,

Building Owners and Management Association Board of Directors

Trevor Duke, BOMA President, Thomas Duke Company

William Gilbert, BOMA Past President, REDICO

Kirk VanMeerbeek, Secretary/Treasurer, MarbleLife/GroutMaster

Daniel Fitzgerald, Governor, Parajan

Beth Anne Beattie, Director, Bedrock Detroit

Star Mosella, Director, Friedman Real Estate

Jordan Valasek, Director, Farbman Group

Gregg Montowski, MJ White Restoration

John Brien, Director, CBRE

Al Shulin, Director, Liberty Property and Asset Management

Founded in 1908, Building Owners and Managers Association of Metro Detroit is a professional, nonprofit trade association of over 300 members that either own or manage commercial real estate or provide goods and services to the industry. BOMA Michigan members represent organizations managing more than 210 million square feet of office and industrial space with employees and tenants totaling more than 1.25 million people in Michigan. Michigan member's expenditures contribute more than $3.4 Billion to the state economy each year.

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