Building Code Review Board

MINUTES City of DeKalb Building Code Board of Appeals September 29, 2016 The Building Code Board of Appeals held a meeting on September 29, 2016 at 9:00 A.M. at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, 60115, in the Council Chambers. Chair Don Whitmore called the meeting to order at 9:01 AM. A. ROLL CALL The following members of the Building Code Board of Appeals were present: Chairman Don Whitmore, Steve Doonan, Keith O’Higgins, Christine Scholl, Lisa Sharp, and Charles Shepard. Member absent at roll call was Steve Irving. Staff present were Deputy Fire Chief Jim Zarek, Community Development Director Ellen Divita, Don Plass of HR Green, and Administrative Assistant Natalie Nelson. Also present was Ken Andersen. Don Whitmore introduced and welcomed the new members: Steve Doonan and Keith O’Higgins. B. APPROVAL OF AGENDA – Additions / Deletions Chairman Whitmore requested a motion to approve the agenda for September 29, 2016. C. Shepard motioned to approve the agenda, S. Doonan seconded the motion, and all approved by voice vote. C. PUBLIC PARTICIPATION Chair Whitmore welcomed Ken Andersen as Executive Director of The DeKalb County Builders and Developers Association and invited to participate as he desired. D. APPROVAL OF MINUTES – Additions / Deletions 1. September 9, 2016 Meeting – Chairman Whitmore requested a motion to approve the minutes, as presented. C. Shepard motioned to approve the minutes, C. Scholl seconded the motion, and approved by voice vote. Building Board of Appeals September 29, 2016 Page 2 of 10 L. Sharp noted that the bottoms of the ordinances in packet are cut off when printed. This is occurred because the originals were on legal size paper. N. Nelson offered to reprint them. The Commission said it was not necessary as the pages are complete when viewed electronically and everyone had received them in that manner. E. OLD BUSINESS 1. Continued review of 2015 ICC Building Codes and Municipal Code Chapter 24 revisions D. Whitmore provided an overview of the newest editing work Don Plass has done on Chapter 24, including integrating sections from previous drafts. D. Plass reported that he met with the City Attorney Dean Frieders, who reviewed the last draft of Chapter 24 and provided guidance to him. D. Plass explained that since the International Property Maintenance Code (IPMC) is part of the family of 2015 codes, it should not be treated as a separate chapter of the Municipal Code as the Board previously discussed and recommended. Attorney Frieders advised the Board to edit Chapter 24 and add an article to Chapter 24 with the following: • The IPMC should be listed in the Adopted Codes at the beginning of Chapter 24, • The entirety of the IPMC should be added to Chapter 24, and • The City of DeKalb amendments should be placed within the text of IPMC. All of these elements have been added as Article 8. This is different from all of the other Articles in Chapter 24, but it is not a long code, and property owners and renters will find it very useful to have all of the standards in one place to reference. D. Plass reported that Attorney Frieders agreed that adding a disclaimer to the beginning of Article 8 is necessary to clarify that Building Code Board of Appeals is not involved in adjudication of property maintenance enforcement. The Commission requested the following revisions to the amendments to Article 8: Section 103.5 Property Maintenance Reinspection Fees – the date of the International Property Maintenance Code should be changed from 2006 to 2015. Section 111.1 Application for Appeal – deleted the current text and replace it with the disclaimer text, which states that Building Code Board of Appeals is not involved in adjudication of property maintenance enforcement. D. Plass confirmed that Rooming House licensing requirements will still appear separately as Chapter 14. Those elements of the building code related to rooming houses would appear in the revised Chapter 24. He also noted that he added the Illinois Smoke Detector Act and the Illinois Carbon Monoxide Act to the list of adopted codes. Building Board of Appeals September 29, 2016 Page 3 of 10 S. O’Higgins asked if removing the BCBA completely from building code violation enforcement is advisable. Chairman Whitmore recounted a Building Board of Appeals (BBA) case in the past in which a new home was completed and the overhead clearance in the stairwell did not meet code requirements. Chairman Whitmore also recalled case in which a building owner performed electrical work in a rental property without a permit. In both cases, the City initially refused to the grant occupancy due to these safety issues. The BBA heard and decided both of these cases. He said that if the disclaimer in Section 8 had been in place at the time these code violation objections, were addressed building owners would have had to go to court to resolve them. The BBA felt the Board should still be able to hear cases regarding code enforcement if a property owner was appealing a ruling from the Chief Building Official. S. O’Higgins made a motion to revise the disclaimer at the beginning of Article 8 and in section 111.1 to state this. Sharp seconded the motion. All approved by voice vote. L. Sharp suggesting placing the Property Maintenance Article at the end of Chapter 24 instead of between Chapter 7: International Existing Building Code and Chapter 9: National Electrical Code to make it as easy as possible for homeowners to find, since the rest of Chapter 24 is intended for use by builders and designers. D. Plass said the addition of Property Maintenance regulations to Chapter 24 will result in the deletion of Municipal Code Chapter 13: Housing and Property Maintenance. C. Scholl asked who is responsible for enforcing property maintenance code violations. Deputy Fire Chief Zarek replied that it is the Police Department’s Crime Free Division. E. Divita provided a summary of the division of code enforcement duties between the Building Division and the Crime Free Division. She also provided recent examples of how property maintenance code violations and fire code violations can occur at the same time, as in a situation the past weekend when the Fire Department was called in to be involved in a property maintenance violation. C. Scholl voiced concern that the title “Crime Free” might promote the belief that DeKalb has crime problems and DeKalb residents may feel intimidated it. E. Divita explained that the Police Department is responsible certain types of cases because the current Building Division staff time is limited to construction and building-related matters. Currently, Crime Free Division officers place door hanger warning tickets on the doors of residences with visible property maintenance code violations. E. Divita reported that in Mesa, Arizona, a Crime Free Division was established and was very successful addressing landlords and tenants who violate City codes. In DeKalb, Officer Carl Leoni, Crime Free Housing & Inspection Coordinator, tracks tenant offenses and notifies the landlord. Several Commission members voiced their thoughts that if police cars marked as “Crime Free Division” drive through town, it may contribute to perception of a crime problem. Building Board of Appeals September 29, 2016 Page 4 of 10 The Commission then turned its attention to revising the revisions to earlier parts of Chapter 24. ARTICLE 0: CONTRACTOR REQUIREMENTS The Commission agreed to remove “Director of Community Development” throughout and replace with “Building Code Official”. ELECTRICAL CONTRACTORS: D. Plass reported that the City test is being updated. MECHANICAL CONTRACTORS: A discussion took place regarding the number of hours and years of experience required for mechanical contractors. The Commission agreed that DeKalb’s required qualifications for mechanical contractors are acceptable. GENERAL CONTRACTORS: D. Plass confirmed that the City does not require registration of each tradesperson beneath a General Contractor’s direction. PLUMBING CONTRACTORS: A discussion took place regarding allowing tradesmen besides plumbers to work on pipe located more than 5 feet from a building. D. Plass reported that Attorney Frieders confirmed that amendments to the Illinois Plumbing Code are allowed, but they must be reviewed by Illinois Department of Public Health, which can take a very long time. He also confirmed that homeowners are not allowed to install their own sewer or sewer system. K. Anderson asked if amendments to the Illinois Energy Conservation Code are also allowed. D. Plass replied that amendments are allowed as long as they are more restrictive than the Illinois codes for plumbing and energy conservation. D. Plass reported the HR Green plumber has reviewed and approves of all amendments to the Illinois Plumbing Code. The Commission’s discussion turned revisions to the DeKalb amendments to the State of Illinois Department of Public Health Contractor requirements: c) delete this item because the language is too broad and allows plumbers to design the sewer system for any size building. d) delete last sentence f) delete from “; except the sanitary lateral….Plumbing Contractor/licensed Plumber” K. Anderson requested that the Sanitary District review these amendments. The Commission agreed that was a good idea. Building Board of Appeals September 29, 2016 Page 5 of 10 E. Divita reminded the Commission of the input from the Laborer’s Union and reviewed Matt Swanson’s email to D. Whitmore from September 28, 2015 regarding sewer work. She read it aloud. Mr. Swanson wrote, “The law does not require building sewers to be installed by licensed plumbers. We are in agreement with the law. However, we would make one small suggestion to the prefatory language…” P2501.1. Scope – The current text reads, “All work shall be performed by State of Illinois licensed plumbers in accordance with the Plumbing Licensing Act.” To improve clarity, it should read, “All work shall be performed by State of Illinois licensed plumbers where required by and in accordance with the Illinois Plumbing Licensing Law.” Matt Swanson explained in his email, “Oddly enough, the usual term for an Illinois state statute is ‘Act,’ but for some reason, the title of this statute is ‘Law’.” The Commission recommended no further revisions to sections of Article 0 regarding roofing contractors, alarm contractors, fire sprinkler contractors, and revocation of contractor’s certificate and bonds. ARTICLE 1: INTERNATIONAL BUILDING CODE 101.4.3: This amendment to was added in response to the Commission’s discussion at the last meeting regarding separation between a toilet rooms and food preparation areas for new and remodeled facilities that provide food for public consumption: food preparation. Attorney Frieders recommended this location, not in ARTICLE 10: STATE OF ILLINOIS PLUMBING CODE because it comes from the INTERNATIONAL PLUMBING CODE. L. Sharp recommended that the same amendment should be placed in amendments to the STATE OF ILLINOIS PLUMBING CODE. 109.2 – Schedule of Permit Fees. This has not been changed since 2014. D. Plass said HR Green will review to determine if the permit fee schedules can be simplified. Schedule A – New Construction Building Fees for one- and two-family dwellings. This schedule does not address residential roofing permits. D. Plass recommended a nominal fee of $25 be added to this fee schedule. The Commission supports requiring that roofing contractors sign a document stating that they will follow roofing regulations at the time they apply for a permit. No inspections of residential roofs will take place unless a property owner requests and pays for an inspection, the fee for which has not been determined yet. Building Board of Appeals September 29, 2016 Page 6 of 10 L. Sharp expressed concern about how complex the commercial permit fees. E. Divita commented that some communities figure commercial permit fees more simply by cubic feet. C. Scholl asked if commercial permit fees are related to value. E. Divita replied that value does not affect any permit fees, but that information is requested on permit applications. The Commission asked that City staff and the City Attorney review of all of fees with the goal to simplify them and ensure alignment with similar municipalities. The discussion returned to contractor registration dates. The Commission was informed that contractor bonds are normally dated for a calendar year. C. Shepard said that some bond companies will provide an 18-month bond. When City contractor registration begins to follow the calendar year as well, the City will send renewal notices in November. 906.3 Size and distribution – Items 1 and 2 of this amendment should be updated to require a 75 foot travel distance. 914.8.3 Fire Suppression for Aircraft Hangars: Exception – revise text to replace the first instance of “fired” with “fixed”. 1211.2 Definitions – remove the entry for DEADLATCH. 1211.4 Specifications Applicable Generally to all Multiple Dwelling Buildings or Buildings and Additions Thereto. Revise item 1 to replace “Exterior Wood Doors” to be “Exterior Doors” and update “thread wood screws” to “thread screws”. Delete item 7 “Deadlatch, Latch” and renumber item 8 to be item 7. Revise former item 8 to replace “Director of Community Development” with “Building Code Official”. Throughout, remove “Community Development Director or his/her designee” and replace with “Building Code Official”. 1211.4 Additional Specification Applicable to Multiple Dwellings and to Additions and Alterations Thereto. Item 1 Entrance Doors to Units – remove “no more than 18 inches” and replace with “no more than the Illinois Accessibility Code allows”. Item 2 Lighting – remove the last sentence “Parking facilities….floor level”. 1211.6 Retroactive Operation. Building Board of Appeals September 29, 2016 Page 7 of 10 Item 1.a) Entrance Doors to Individual Apartments – revise to remove “no more than 18 inches nor less than 6 inches” and replace with “no more than the Illinois Accessibility Code allows nor less than 4 inches”. Item 1.b) Exterior Wood Doors – delete “Wood”. 1211.7 Retroactive – the Building Official will review the existing Building Security Ordinances and compare them to the 2015 code to determine if they are necessary – it may be that these requirements were already added to the new code. If not needed because the requirements are in the new code, this amendment to add them will be deleted. ARTICLE 2: INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS R104.12 – add the “Climate Zone 5A” to table and replace red ink with black ink. ARTICLE 3: INTERNATIONAL FIRE CODE 914.8.3 – Exceptions Item 1. Revise to replace “fired” with “fixed” where it first appears. ARTICLE 4: INTERNATIONAL MECHANICAL CODE M-1602.2 Don Plass will amend this item by adding a table. ARTICLE 5: INTERNATIONAL FUEL GAS CODE No revisions at this time. ARTICLE 6: INTERNATIONAL POOL AND SPA CODE No revisions at this time. ARTICLE 7: INTERNATIONAL EXISTING BUILDING CODE 1401.2 Insert Date. Applicability - Revise red text indicating DATE TO BE INSERTED BY JURISDICTION. ARTICLE 8: INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 112: STOP WORK ORDER [A] 112.4 Failure to comply – Enter fine [AMOUNT] per advice of City attorney in both instances. Building Board of Appeals September 29, 2016 Page 8 of 10 SECTION 402: LIGHT 402.2 Common halls and stairways – As lighting methods have changed significantly in the recent past, the Commission recommended deleting the text that reads, “60-watt standard incandescent light bulb… greater than 30 feet (9144 mm)” and replacing it with, “what is required by the Illinois Energy Conservation Code”. Retain the last sentence. SECTION 502: REQUIRED FACILITIES [P] 502.5 Public toilet facilities – Revise text to delete “International Plumbing Code” and replace with “Illinois Plumbing Code”. SECTION 505: WATER SYSTEM [P] 505.1 General – Revise text to delete “International Plumbing Code” and replace with “Illinois Plumbing Code”. SECTION 602: HEATING FACILITIES 602.2 Residential occupancies – delete the Exception entirely 602.3 Heat supply – revise the minimum daytime temperature to delete “65°” and replace with “68°” and the minimum nighttime temperature to delete “60 degrees” and replace with “62°”. Also delete Exception 2. SECTION 8: REFERENCED STANDARDS Add to the list of adopted codes at the beginning of Chapter 24 the City’s adoption of the Property Maintenance Code Appendix A, which appears at the end of Section 8. ARTICLE 9: STATE OF ILLINOIS PLUMBING CODE 890.120 – Definitions amendments BUILDING SEWER – Delete the sentence that reads, “A building sewer shall only be installed by an Illinois registered and license plumbing contractor/plumber.” PLUMBING INSPECTOR – Item d) – revise to delete “Plumbing Board of Appeals” and replace with “Building Code Board of Appeals” 890.180 – Sewer and Water Pipe Installation Building Board of Appeals September 29, 2016 Page 9 of 10 Item f) – revise to delete the first sentence and modify the second sentence to read, “Material backfill of the portion of building drain penetrating the footing or foundation shall be compacted clay suitable for damming of ground water.” 890.1210 – Design of a Building Water Distribution System Item j) – revise the first sentence to read, “New family dwellings having provisions made for soft water hookup, shall have three valves for bypass, except for outside lawn hydrants and cold water in kitchen sink with proper bypass.” 890 – APPENDIX 2. Approved Materials for Building Sewer Pipe Below Ground Outside a Building – revise the measurement in Item 5) to be 10 feet (not 10 inches). The Commission discussed the future timeline: • D. Plass hoped to return the newest revisions electronically to the Commission members by October 5th, if possible. He also said he will ask Tina Williams at HR Green to search for the instances of unnecessary hyphens left over from previous formatting. • The next Regular Meeting was set October 11, 2016 at 9:00. The purpose of this meeting is to approve the final draft of Chapter 24. • The Public Meeting dates are still to be determined. 2. Confirmation of dates for Public Information Meeting The Commission will set a date for Public Meetings, to which the DeKalb-area builders would be invited, at the October 11, 2016 meeting. F. NEW BUSINESS None. G. ANNOUNCEMENTS The next Building Board of Appeals meeting will be set for Tuesday, October 11, 2016 at 9:00AM. H. ADJOURNMENT Building Board of Appeals September 29, 2016 Page 10 of 10 Chairman Whitmore asked for a motion to adjourn the meeting. C. Scholl motioned to adjourn. L. Sharp seconded the motion. All approved by voice vote. Adjourned at 12:00PM. _________________________________ Natalie Nelson, Administrative Assistant Minutes approved by the Building Code Board of Appeals on October 12, 2016.