Building Code Review Board

Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Building Board of Appeals Commission August 25, 2016 8:00 a.m. A. Roll Call B. Approval of Agenda – Additions / Deletions C. Public Participation D. Approval of Minutes – Additions / Deletions 1. June 29, 2016 Subcommittee Meeting 2. August 12, 2016 Commission Meeting E. Old Business 1. Continued review of 2015 ICC Building Codes and Municipal Code Chapter 24 revisions 2. Contractor Registration and Licensing 3. Consolidated Building Trades Board of Appeals F. New Business 1. Set public meeting dates 2. Certification of FOIA and OMA Act Training G. Announcements H. Adjournment  MINUTES CITY OF DEKALB BUILDING BOARD OF APPEALS SUBCOMMITTEE MEETING June 29, 2016 at 1:00 P.M. The Building Board of Appeals held a Subcommittee Meeting on June 29, 2016 at 1:00 P.M. at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, 60115, in the Ellwood Conference Room. Chair Don Whitmore called the meeting to order at 1:00 P.M. A. ROLL CALL The following members of the Building Board of Appeals were present: Chairman Don Whitmore and Commissioners Lisa Sharp, Christine Scholl, and Chuck Shepard. Also present were: Fire Chief Eric Hicks, Community Development Director Ellen Divita, Administrative Assistant Natalie Nelson, and Chief Building Official Don Plass of HR Green. B. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS No action. C. PUBLIC PARTICIPATION None. D. APPROVAL OF MINUTES No minutes were presented. E. OLD BUSINESS Introductions were made to Don Plass, Chief Building Official at HR Green. Don Plass provided an overview of his experience with other municipalities and BOCA and ICC Code updates. He praised the Building Board of Appeals for their work thus far on updating the City’s code. Chair Whitmore stated that the Rooming Houses chapter would not be within the scope of the Code updates. There are some fire safety issues that only Fire Chief Eric Hicks Name of Board, Commission or Committee Date of Meeting Page 2 of 6 must be involved in updating. There may be some definitions in this chapter that are also up to date. Community Development Director Divita reminded that one of the changes to Chapter 24 in the City’s Municipal Code is the BBA composition, which include representatives from each of the trades: plumbing, electrical, and mechanical, instead of having separate commissions for each. None of the trade commissions have met for several years, and Director Divita reported that when she called the members that were on the rosters, she could reach very few of them. The structure of the updated Chapter 24 was discussed. At the beginning will be a list of the adopted codes with the amendments to follow after. D. Plass reported that effective January 1, 2017 Illinois will have an updated Accessibility Code, which will reflect the Federal ADA guidelines and be easier for designers and builders to follow. The public comment period does not appear to have been opened yet. Mr. Plass also reported that the 2012 Illinois Energy Conservation Code is not very much different from the 2015 Code, especially for residential. He provided an overview of the process of updating the energy code and the parties who were involved in it. He also discussed his experience with the Chicago Roofing Contractors Association. D. Plass asked if building permit fees need to be in a separate chapter, as they are currently located in four separate subchapters of Chapter 24. D. Plass stated that he would look into how other communities publish permit fees schedules. Director Divita noted that the water fees are in placed in Chapter 24 and perhaps should be moved to a more appropriate location. D. Plass commented that the Illinois Plumbing Code does not address roof drainage. He stated that the Illinois code and International Building Code are 98% the same, except for fixture count for water sizing. The demand was adjusted. Storm drainage is in the International Building Code. C. Scholl told D. Plass that the sprinkler requirement in the residential code has been a topic of discussion. Chair Whitmore recalled that the committee recommended an amendment omitting the requirement for single-family homes and town homes. D. Plass stated that he is happy to attend any Building Board of Appeals meetings while updating the code, even after his scheduled time at the City of DeKalb has ended. Director Divita stated she intends to bring the updated City Code to Council in September. D. Plass related his experience in code development for fire suppression requirements. He voted against requiring fire sprinklers in homes. He reported that almost every state  Building Board of Appeals Subcommittee Meeing June 29, 2016 Page 3 of 6 in the east has removed sprinkler requirements from their municipal codes. This protects the municipalities from being responsible for any fires or fire deaths if water is turned off on a sprinkled home. Mr. Plass also spoke about fire protection building methods, including I-trusses, floor joists, and other fire safety issues, including the size and area for sprinkler requirements. The discussion moved to specific sections of the Chapter 24 Building Code in the DeKalb Municipal Code It was decided that the 2015 ICC Residential Code Part IV—ENERGY CONSERVATION Chapter 11: ENERGY EFFICIENCY should be examined in greater detail to determine if it should be adopted in whole or amended. 24.02-2 INTERNATIONAL EXISTING BUILDING CODE adoption should be moved to appear the beginning of Chapter 24 with the other code adoption statements. 24.03 BOND should be deleted. It already appears in Municipal Code Chapter 6, Section 6.11. 24.03-1 SITE PLAN REVIEW AND INSPECTION FEE and 24.3 BUILDING PERMIT FEES should be removed and placed in the appropriate section of Chapter 9 ESTABLISHMENT OF FEES or some other appropriate location within the Municipal Code. Director Divita stated that City staff will review the current schedules for fees and provide recommendations for revisions. 24.04-2 TEMPORARY AND FINAL OCCUPANCY INSPECTION FEE SCHEDULE will be discussed by the Commission at a future date. 24.04-3 WATER PERMIT FEES will be discussed by the Commission at a future date. 24.05 CHANGE PLANS should be removed, as this is addressed in the 2015 IBC 107.4 Amended construction documents. 24.06 STREET OPERATIONS should be removed as it is already covered in the 2015 IBC Chapter 33 CONSTRUCTION SAFEGUARDS. 24.07 RUBBISH should be removed as it is covered in the Property Maintenance Code. 24.08 BUILDINGS ENDANGERING OTHERS should be removed as it is covered Property Maintenance Code. 24.09 RESIDENTIAL BUILDING SECURITY REGULATIONS. Name of Board, Commission or Committee Date of Meeting Page 4 of 6 a) Scope – It was recommended that this section should be updated to be applicable to existing buildings as of a specific date yet to be determined, not for “all ‘Multiple Dwelling Buildings’”. b) Doors and Locks - Portions of this section apply to Rooming Houses and should be moved to the appropriate place in Municipal Code Chapter 14 ROOMING HOUSES. Other portions of this section apply to ‘Multiple Dwelling Buildings’ and should be moved to the appropriate section in Municipal Code Chapter 13 HOUSING AND PROPERTY MAINTENANCE. c) Definitions – The text should be updated to conform to the 2015 code. d) Specification Applicable Generally To All Multiple Dwelling Buildings or Buildings and Additions Thereto – [specific recommended changes to be discussed at a later date.] e) Additional Specifications Applicable to Multiple Dwellings and to Additions and Alterations Thereto – [specific recommended changes to be discussed at a later date.] f) Retroactive Operation 24.09.f.1(all sections, paragraphs) should be moved to the appropriate section in Municipal Code Chapter 13 HOUSING AND PROPERTY MAINTENANCE. 24.09.f.2 (all sections, paragraphs) should be moved to the appropriate section in Municipal Code Chapter 14 ROOMING HOUSES. g) through i) should be moved to the appropriate sections in Municipal Code Chapters 13 and 14. 24.10 SMOKE DETECTOR REQUIREMENTS…. Portions of this section should be moved to the appropriate place in Municipal Code Chapter 14 ROOMING HOUSES. Other portions of this section should be moved to the appropriate section in Municipal Code Chapter 28 FIRE PREVENTION REGULATIONS. Chief Hicks noted that even though the language is from the 1980s and 1990s, he recommended no changes except moving the text to different places, so owners of apartments and rooming houses are not affected. 24.10.a.5 references the 2002 National Electric Code, which should be updated. 24.10.b.5 references the 1996 National Electric Code, which should be updated.  Building Board of Appeals Subcommittee Meeing June 29, 2016 Page 5 of 6 24.11 CARBON MONOXIDE DETECTOR REQUIREMENTS – these requirements are covered in 2015 IBC Section 915 and in the 2015 International Fire Code Section 915 and Chapter 11. The paragraphs 2.A-2B should be moved the Municipal Code Chapter 14 ROOMING HOUSES. 24.11 REVOCATION OF CONTRACTOR’S CERTIFICATE AND BONDS – move to be near BONDS paragraph, which will be moved to Municipal Code Chapter 6, Section 6.11. 24.12-1 APPEALS FROM DECISIONS OF THE CITY MANAGER - [specific recommended changes to be discussed at a later date.] 24.12 NATIONAL FIRE PREVENTION ASSOCIATION STANDARD AMENDMENT – BBA members did not agree about removal or retention of this amendment, as it only applies to one airport hangar. It is not an issue that arises frequently. It allowed the builder of a hangar at the DeKalb Taylor Municipal Airport to downgrade from foam system, which was required by code due to building size/height, to a sprinkler system. Chief Hicks reported that other airports in the area have the same kind of language in their code, for example, DuPage Airport. The hangar is a stand-alone building, heated year-round, and used for maintenance. [specific recommended changes to be discussed at a later date] 24.14 ACCESSIBILITY CODE – move to top of Chapter 24 to keep with the other Code adoption statements. 24.15 MINIMUM INSULATION STANDARDS – [specific recommended changes to be discussed at a later date.] C. Scholl confirmed the City attorney will be reviewing these changes after they are completed through BBA discussion. Don Plass reported that during the 2015 Code revision process, in which he was involved, about 1,700 changes were proposed, but only 475 made it through, many which were proposed by home builders. D. Plass discussed the Illinois radon law, which is not a code, so builders must adhere to it. In Illinois the sump pit cannot be used to evacuate radon gas even though the 2015 IRC allows a sump pit can be used to evacuate radon gas. D. Plass recommended listing the adopted codes and Illinois laws at the beginning of Chapter 24. He recommended including the adoption years in the list, not just the “latest published” or “most recently adopted.” This Illinois Energy Code and Illinois Plumbing Code are both required, and the updated Illinois Accessibility Code will be finished soon, to be more restrictive than the ADA requirements. It was suggested that the City Name of Board, Commission or Committee Date of Meeting Page 6 of 6 website should have a list of applicable codes with hyperlinks to codes and amendments. Director Divita stated she will write up the roofing guidelines and over-the-counter form/fee. Commercial property owners would be required to get inspections on roof jobs. Residential property owners would have peace of mind that roofing contractors have the appropriate knowledge, insurance, bond. Discussion of the process of getting proposed Chapter 24 to City Council took place. The Council approval of the new Commission composition will be done before the Chapter 24 is presented. L. Sharp asked for an overview of the HR Green staffing. Director Divita reported that Don Plass will be present for 90 days, Rob Wierzba will be inspector, and additional staff from HR Green McHenry will be provided as needed for plan review. A part-time City position will be hired to help with inspection intake and schedule coordination to assist Brenda Hart F. NEW BUSINESS None. G. ADJOURNMENT Hearing and seeing no further discussion, Chairman Whitmore adjourned the meeting at 2:55 P.M. _________________________________ Natalie Nelson, Administrative Assistant Minutes approved by name of board, commission or committee on date of approval.  MINUTES CITY OF DEKALB BUILDING BOARD OF APPEALS August 12, 2016 The Building Board of Appeals held a meeting on August 12, 2016 at the Municipal Building Council Chambers. Chairman Don Whitmore called the meeting to order at 9:10 a.m. A. Roll Call The following members of the Building Board of Appeals were present: Chairman Don Whitmore, Christine Scholl, Charles Shepard, and Lisa Sharp. C. Shepard left at 11:00, so no quorum was present and no further decisions were made. Members absent at roll call were Jim Ward and Steve Irving. Staff present were Community Development Director Ellen Divita, Deputy Fire Chief Jim Zarek, Don Plass of HR Green, and Community Development Administrative Assistant Natalie Nelson. Natalie Nelson acted as recording Secretary. Also present was Ken Andersen of the DeKalb Area Building and Development. Don Plass provided an overview of his experience. He was one of the first fifty Master Code Professionals; now, there are currently 800 Master Code Professionals worldwide. He has worked in construction and has 20 years’ experience as a building inspector in Wheeling and Hoffman Estates. He has earned 40 ICC certifications. He has taught throughout the country courses in Building Codes and Fire Academy. He spent three years working at the ICC and was the Administrator of Fire Academy. B. Approval of Agenda Chairman Whitmore requested for a motion to approve the agenda. C. Shepard motioned to approve the Agenda, and the motion was seconded by C. Scholl. All approved by voice vote. C. Public Participation Invited to speak as desired. D. Approval of Minutes 1. April 6, 2016 – Chairman Whitmore requested for a motion to approve the minutes. L. Sharp motioned to approve the minutes, and C. Scholl seconded the motion. All approved by voice vote. E. Old Business 1. Continued review of 2015 ICC Building Codes Building Board of Appeals August 12, 2016 Page 2 of 7 Don Plass presented to the commission a revised draft of the entire Municipal Code Chapter 24. This version is intended to replace the previously emailed draft. D. Plass explained the process he used to compile the draft, referring to meeting minutes and packets. D. Plass discussed the layout of the booklet. • The front page includes the deletions of chapters (13 Housing and Property Maintenance, 25 Electrical Regulations, 26 Plumbing Regulations, 29 Mechanical Regulations). Material from these chapters will be integrated into the revised Chapter 24 Building Code. • 14.01 ADOPTION. Revisions were suggested by commission members o Paragraph a) – delete “Addition” and replace with “Edition” o Lists of Codes – break out into separate sections the International Codes, the National Codes, and the State Codes, and add an introduction to each section. o Add the Illinois Elevator Safety and Regulation Act to the list of adopted Codes and ensure it is referred to correctly in the text of Chapter 24. D. Plass clarified that the elevator inspections are not performed by the City but rather by State- licensed inspectors. It was noted that in 2013, the City added language as to how elevator inspections are treated. • 24.01-01 AMENDMENTS o Article 8 Property Maintenance Code – A discussion took place to decide where this information should be placed, if at all, in the updated Building Code, as Chapter 24 should address only new construction. The commissioners agreed that property maintenance should not be under the purview of the Building Board of Appeals. Chairman Whitmore called for a vote to determine if the International Property Maintenance Code should be placed in Chapter 13, not in Chapter 24. All approved by voice vote. o Move out of 24.01-01 AMENDMENTS, “Article 0 Contractors” to make it its own separate item. ARTICLE 0: CONTRACTOR REQUIREMENTS ELECTRICAL CONTRACTORS a) Registration – retain as written. b) Examination – retain text as written. D Plass recommended updating the electrical test, which is one page, multiple choice, and about 50 questions. c) Certificate of Registration – retain as written. d) Bond – retain as written. 2 Building Board of Appeals August 12, 2016 Page 3 of 7 MECHANICAL CONTRACTORS a) Eligibility for Examination – retain as written. b) retain as written. c) Examination – retain as written. D. Plass approved the HVAC test, with minor revisions, which is also just one page, multiple choice, and about 50 questions. d) Certificate of Registration – retain as written. e) Bond – retain as written. C. Shepard confirmed the Electrical and Mechanical Contract tests would be administered upon demand, not at specific times of the year. REGISTRATION OF GENERAL CONTRACTORS AND SUBCONTRACTORS A discussion about contractor registration occurred. D. Plass recommended registration of all contractors and general contractors along with proof of bond and insurance requirements. He explained that these requirements help protect the homeowner from poor workmanship. Director Divita confirmed that general contractor annual registration with the City is currently $50 for Electric and Plumbing Licenses and $25 for Street Construction and Maintenance. C. Shepard objected to the requirement for all subcontractors to be registered separately when a general contractor is overseeing a project. He stated that the general contractor is the responsible party, so subcontractors must answer to the general contractor for workmanship requirements. He asked who exactly would be required to be registered: not drywallers or painters, but where would the City draw the line. C. Shepard said problems would arise if the City’s Building Inspector disagrees with the general contractor’s assessment of quality workmanship. C. Shepard asserted that workmanship cannot be legislated. Ken Andersen agreed that requiring general contractor registration is preferable to requiring every tradesman to register and pay the fee and take the test. The general consensus of the Commission was that only general contractors, not individual subcontractors, should be required to register with the City. The City requires registration of all general contractors and certain subcontractors, including electricians and mechanical, as there is no Illinois license for these trades. However, it was noted that many municipalities do license their electrical contractors, including Chicago, Naperville, and Hoffman Estates For State of Illinois licensed contractors, namely roofers and plumbers, the City requires a registration form and a copy of their Illinois license. There is no fee. The State of Illinois also licenses for fire sprinkler and fire alarm contractors. The Commission agreed that proof of State licensure should be required for these contractors. City staff will confirm if the City requires copies of these State licenses to perform work in the City. 3 Building Board of Appeals August 12, 2016 Page 4 of 7 The Commission revisited the topic of roofing contractor registration and roofing permits and inspections. Ken Andersen clarified with D. Plass that the City does not perform ice and water shield inspections for reroofing repairs. D. Plass will prepare an agreement document for roofers to sign that will detail the requirements: ice and water shield installation, flashing, only two layers allowed, etc. Both Class A licensees (residential and commercial) and Class B licensees (residential only) will be addressed. L. Sharp supported a roofing registration form that was educational and helped homeowners know what their contractors should be doing. D. Plass also confirmed that the City does not require a permit for siding. a) Certificate of Registration – remove the phrase “or sub contractor” where it appears. b) Bond – remove the phrase “or sub contractor” where it appears; update the bond period to be the calendar year, not May 31st. The Commission decided to remove the registration and bond requirements for subcontractors working under general contractor direction. L. Sharp confirmed that City legal counsel will review and approve all changes. The next sections of the Chapter 24 draft pertain to State of Illinois licensed contractors. D. Plass will report back at the next meeting if Fire Alarm and Fire Sprinkler contractors are required to be licensed by State of Illinois. He confirmed that Plumbing and Roofing Contractors are licensed by the State. STATE OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH LICENSED PLUMBING CONTRACTOR No changes to the text in this section were recommended at this meeting. However, it was noted that in paragraph a) the year of the Illinois State Plumbing Code a) should be 2014, not 2004. STATE OF ILLINOIS LICENSED ROOFING CONTRACTOR No changes to the text in this section were recommended at this meeting. REVOCATION OF CONTRACTOR’S CERTIFICATE AND BONDS No changes to the text in this section were recommended at this meeting. ARTICLE 1: BUILDING CODE Add “International” before “Building Code” throughout where applicable for consistency and clarity. Add “amendment” or “amendments” after “Building Code” throughout where applicable for consistency and clarity. 4 Building Board of Appeals August 12, 2016 Page 5 of 7 L. Sharp asked if the references to the International Building Code and the City Building Code could be made more specific. These will be addressed in the definitions section and will be reviewed by City legal counsel. 101.3 Code Official – retain amendment as written. 108.2 Schedule of Permit Fees – retain amendment as written and insert fee schedules. 110.3 Final Occupancy Certificate – delete amendment, as it is already in the International Building Code section 111.2. 110.4 111.3 Temporary Occupancy Certificate – retain amendment as written, but update number. The Commission agreed that the 45 days expiration of Temporary Occupancy Certificates is necessary. 114.2 115.3 Unlawful continuance – retain amendment as written, but update number. It was determined that changes in the Fire Code should be referenced in applicable sections of the Building Code. For example, Chapter 9 of the International Building Code is “Fire Protection Systems.” It was noted that the Commission already agreed to delete the sprinkling requirement for new one- and two-family homes. The International Residential Code takes 3 stories or less. Buildings with 4 stories or higher must be sprinkled ARTICLE 2: RESIDENTIAL CODE FOR ONE- AND TWO–FAMILY DWELLINGS Add “amendment” or “amendments” after “Residential Code” throughout where applicable for consistency and clarity R104.1 Authority – retain amendment as written. R104.12 Prefabricated Construction – No changes to the text in this section were recommended at this meeting. Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA – retain amendment as written. The Commission confirmed this table as necessary, including the footnote references below. In the IRC 2015 Code, wind speed criteria has increased 50 115 mph, which structural engineers must follow. R113.4 Violation Penalties – retain amendment as written. R115 Workmanship – delete. The Commission discussed whether this amendment is necessary or if requiring stamping drawings for certain residential projects should be required. Ken Andersen pointed out that homeowners already have a one-year warranty or contractual warranty period. R302.6 Dwelling-Garage Fire Separation – update to amend the table R302.6 to require 5/8-inch Fire Code gypsum board, not 1/2-inch Type X as the IRC requires, on the garage side between a dwelling and a garage. 5 Building Board of Appeals August 12, 2016 Page 6 of 7 R309.1 Floor Surface – The Commission discussed whether this amendment is necessary. Chair Whitmore asked for a voice vote to retain or delete this amendment. Delete votes were voiced by C. Shepard, Chair Whitmore, and L. Sharp. Retain votes were voiced by C. Scholl. By a vote of 3 in favor of deletion and 1 against, this amendment was deleted. R313 Automatic Fire Sprinkler Systems – The Commission confirmed deletion. R403.1.3.5.5 – retain this amendment as written. R403.3.3.2.1 – retain this amendment as written. The Commission discussed floor construction and fire resistance measures C. Scholl confirmed that the City code deletes the 2015 IRC requirement for sprinklers in single-family homes and townhomes with less than 3 stories. The floor separation requirement is being called out as a new requirement. Table R503.2.1.1(1) – retain the text paragraph, but delete the table. 503.3.2 Floor underlayment – retain this amendment as written. 503.2.1.1 Subfloor and combined subfloor underlayment – insert the statement “unless approved by City Building Official.” Also move up to be placed above Table R503.2.1.1(1). Table R503.2.1.1(2) – retain amendment as written, but insert the statement “unless approved by City Building Official” at the end of the first sentence. Replace the table with the updated measurements. Remove the superscript “b” footnote designation after “Species group.” It was noted that the font size in the middle of the last page of Article 2 changes and should be corrected to remain consistent. F. New Business None. G. Announcements None. H. Adjournment Hearing and seeing no additional comment from attendees, Chairman Whitmore closed the meeting at 11:14 a.m. The next Building Board of Appeals meeting will be set for August 25, 2016 at 8:00 a.m, to run until 12:00 p.m., if necessary. 6