Building Code Review Board
Regular MeetingDeKalb, IL · August 12, 2016
Minutes
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
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August 12, 2016
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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.
• 24.01 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.
Building Board of Appeals
August 12, 2016
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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.
Building Board of Appeals
August 12, 2016
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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.
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 ROOFINIG 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.
Building Board of Appeals
August 12, 2016
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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,
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.
Building Board of Appeals
August 12, 2016
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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.
Building Board of Appeals
August 12, 2016
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Respectfully Submitted,
_____________________________________
Natalie Nelson, Administrative Assistant
Minutes approved by Building Board of Appeals on August 25, 2016
Agenda
Municipal Building
Council Chambers
200 S. Fourth St., 2nd Floor
DeKalb, IL 60115
AGENDA
Building Board of Appeals Commission
August 12, 2016
9:00 a.m.
A. Roll Call
B. Approval of Agenda – Additions / Deletions
C. Public Participation
D. Approval of Minutes – Additions / Deletions
1. April 6, 2016
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
G. Announcements
H. Adjournment
MINUTES
CITY OF DEKALB
BUILDING BOARD OF APPEALS
April 6, 2016
The Building Board of Appeals held a meeting on April 6, 2016 at the Municipal Building Council
Chambers.
Chairman Don Whitmore called the meeting to order at 10:15AM.
A. Roll Call
The following members of the Building Board of Appeals were present: Chairman Don Whitmore,
Christine Scholl, Charles Shepard, and Lisa Sharp. Lisa Sharp left the meeting at 11:37.
Members absent at roll call were Jim Ward and Steve Irving.
Staff present were Community Development Director Ellen Divita, Fire Chief Eric Hicks, Deputy
Fire Chief Jim Zarek, Dan Burrows of SAFEbuilt, and Community Development Administrative
Assistant Natalie Nelson. Natalie Nelson acted as recording Secretary.
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
None.
D. Approval of Minutes
1. March 23, 2016
Chairman Whitmore requested for a motion to approve the minutes. C. Scholl motioned to approve the
minutes, and the motion was seconded by L. Sharp. All approved by voice vote.
E. New Business
Chairman reported that he had met with Dir. Divita and N. Nelson prior to the meeting to talk about
finalizing the work of the Commission and next meetings to be held, including public information meetings,
meetings of the BBA, Public Hearing, and recommendations to the City Council.
F. Old Business
1. Continued review of 2015 ICC Building Codes
Chairman Whitmore began the discussion with structure of Chapter 24. As an example of well-organized
codes, he pointed Rockford’s Building Department website, which includes a list of adopted codes and
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April 6, 2016
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links to them. The Commission members agreed it was a good way to present the information online. They
also viewed Mount Prospect’s website to see how it lists adopted codes.
Chairman Whitmore asked the Commission if they wanted to address Chapter 13: Housing and Property
Maintenance in the City’s Municipal Code. C. Shepard recommended that Commission not address this
chapter. L. Sharp recommended that the City’s Chapter 24 be used exclusively for new construction and
alterations only. Dir. Divita suggested that certain sections pertaining to licensing in Chapter 24 be moved
to different chapters, specifically those not directly related to building codes. It was decided that City Staff
will review those sections of Chapter 24 and make recommendations for appropriate placement in other
chapters.
Chief Hicks recommended moving the Chapter 24, Section 24.10 Smoke Detector Requirements for
Existing Dwellings, Multiple Use Dwellings, Multiple Family Dwellings, and Rooming Houses to Chapter
14: Rooming Houses and Chapter 13: Housing and Property Maintenance.
A discussion followed regarding the threshold for requiring alterations to conform to the new code. For
example, Chief Hicks recommended that security measures in existing buildings be grandfathered, and he
suggested that all amendments be reviewed in a similar fashion. Chief Hicks also stated that during
renovation, University Village will be required to install smoke detectors in apartment hallways only, but
not in common hallways. All new construction should conform to the new code.
L. Sharp recommended including, after the enabling ordinance and list of adopted Codes, language that
states that multifamily residences have additional requirements and reference where these guidelines
appear.
The Commission discussed unifying the City’s four building-related Boards of Appeals, adding
representatives from each trade to the BBA. Currently, the four boards are created via sections within
Municipal Code Chapters 24 (Building), 25 (Electrical), 26 (Plumbing), and 29 (Mechanical). Within each
chapter is a section outlining duties and composition of their respective boards. The Commission agreed
that they have been functioning well as a consolidated Board of Appeals and could be re-comprised as a
consolidated Board of Appeals. Dir. Divita indicated she would bring an ordinance to Council to create a
consolidated Board of Appeals in a new chapter and then remove any Board of Appeals reference from
Municipal Code Chapters 24 (Building), 25 (Electrical), 26 (Plumbing), and 29 (Mechanical).
It was confirmed that Municipal Code Chapters 25 (Electrical), 26 (Plumbing), and 29 (Mechanical), will
be rolled into Municipal Code Chapter 24 (Building).
The Commission turned its attention to the City’s registration requirement for company owners or key
employees who perform electrical, HVAC, and street construction work. In the past, the City’s Building
Official developed and administered tests for these types of contractors, but the tests have not been given
for the last 24 months. Currently, the City requires these types of contractors to provide the test results from
another municipality. C. Shepard recounted that administering the tests by the City can be considered
exclusionary if it is administered only on a yearly basis and biased toward local union contractors.
In Illinois, electrical and mechanical contractors are not required to have a state license, but they are
required to have a surety bond and proof of insurance to perform work in the City. Plumbers and roofers
are required to have a state license, a surety bond, and proof of insurance to perform work in the City. It
was suggested that requiring a test to perform electrical and mechanical work in the City does not guarantee
quality work for the homeowners who hire them, as the company owner or key employee who takes the
test may not be the actual person performing the work. The Commission stated they did not want make a
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decision on whether or not to reinstate testing or eliminate testing for electrical and mechanical contractors.
Dir. Divita stated she would research what the tests look like in other municipalities and present examples
at the next meeting.
The Commission returned to the discussion of the Municipal Code Chapter 24 and the sections that do not
apply to new construction or alterations. Several sections are better placed in other chapters of the Municipal
Code, and the Commission asked City staff to relocate at their discretion. Items to be moved would be those
more directly related to licensing. Note, however that some provisions should be removed. For example,
24.9 SMOKE DETECTOR language is outdated and these sections should be removed: 24.9a5, 24.9b5.
24.03 Bond. References to bonds should be placed within the section related to Contractor
Registration.
24.04 Building Permit Fees – Staff will review permit fees and determine if the Chapter 24
schedules are better placed elsewhere in the Municipal Code.
24.04-1 Supplemental Permit Fees through 24.04-3 Water Permit Fees. City staff will confirm that
fees within the Code are correct and have been updated per CPI as required in 24.04.c.
24.05 Change Plans – City staff will review and determine whether this section is sufficiently
addressed in other section of the Building Code, and if so, delete the City’s amendment.
24.06 Street Operations – City staff will review and determine whether this section is sufficiently
addressed in other section of the Building Code, and if so, delete the City’s amendment.
24.07 Rubbish – City staff will review and determine whether this section is sufficiently addressed
in other section of the Building Code, and if so, delete the City’s amendment. Also consider the
parallel section within Chapter 13: Housing and Property Maintenance.
24.08 Buildings Endangering Others – City staff will review and determine whether this section is
sufficiently addressed in other section of the Building Code, and if so, delete the City’s amendment.
Also consider the parallel section within Chapter 13: Housing and Property Maintenance.24.8
Residential Building Security Regulations – move to Chapter 13: Housing and Property
Maintenance.
24.09 Residential Building Security Regulations – Move to Crime Free Housing (Chapter 10),
Property Maintenance (Chapter 13) and Rooming House Licensing (Chapter 14), as appropriate.
24.10 Smoke Detector Requirements for Existing Dwellings, Multiple Use Dwellings, Multiple
Family Dwellings, and Rooming Houses – as appropriate, move to Fire Prevention Regulations
(Chapter 28) or Rooming Houses (Chapter 14).
24.11 Carbon Monoxide Detector Requirements for Existing Dwellings, Single Family Dwellings,
Multiple Use Dwellings, Multiple Family Dwellings, and Rooming Houses – as appropriate, move
to Housing and Property Maintenance (Chapter 13) or Rooming Houses (Chapter 14).
24.12 Revocation of Contractor’s Certificate and Bonds – move to sections related to Contractor
Registration.
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24.12.1 Appeals From Decisions Of The City Manager – The section refers to licensing of
contractors working within the public right of way and all references should be moved to a central
location regarding contractor licensing. This includes Chapters 24, 6, and possibly 31.
24.13 National Fire Prevention Association Standard Amendment – move to Chapter 28: Fire
Prevention Regulations.
24.14 (Reserved) – delete.
24.15 Accessibility Code Adopted – delete; adoption of the Illinois Accessibility Code will appear
at the beginning of Chapter 24.
24.16 Minimum Insulation Standards – delete; adoption of the Illinois Energy Conservation Code
will appear at the beginning of Chapter 24.
24.17 Demolitions – retain this section.
The commission revisited the topic of sprinkler requirements in a platted residential subdivision where
service lines have already been laid and whether that would affect if sprinkling would be required. It was
proposed that this topic will be an agenda item for next meeting so that the commission can fully review
what building practices are currently being used in townhomes without sprinklers.
Natalie Nelson is preparing a draft based upon editing the existing Chapter 29 and adding the amendments
from the regional building code which Steve Doonan recommended the commission adopt. C. Scholl
recalled that a BBA subcommittee also met in October to review Steve Doonan’s recommendations and
concurred with them.
C. Scholl asked that the commission please note the following:
1. The existing Municipal Code Chapter 29 IMC section 801.19 (801.18 in 2015), IRC section
1802.4 (1801.3 in 2015) and separate Chimney and Vents section (29.06) all address Existing
Chimneys and Vents. She believes this amendment is now covered in the language in the 2015
Code and can be eliminated as amendments. She recommended that the Commission ask the
Code Consultant from the City to review the language in both codes to confirm this.
2. Page 2 of Municipal Code Chapter 29 has Section M-122.2.1 and M 122.2.2 as deleted. There
are no such numbers in either version of the Code. R112 is Board of Appeals, but the
commission is amending this in the Residential Code section, so it is probably not necessary to
keep in Chapter 29.
3. The current Municipal Code Chapter 29 does have a requirement for heat in all occupiable
rooms or spaces or bathrooms. It was recommended that we eliminate this requirement. The
commission should be aware it is currently a requirement.
Chairman Whitmore stated that he will ask Jerry Evans to review and provide comments on DeKalb’s
Plumbing Code changes in Chapter 26. The comments Mr. Evans provided most recently were on the
proposed Regional Code amendments, not the full Code.
There was discussion among the Commissioners on whether items pertaining directly toward licensing (i.e.,
rooming houses, hotels, gas stations, restaurants) and not found within the ICC codes should be removed
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from Chapter 24 and placed within the Licensing chapters of the Municipal Code. If this happens, the BBA
should also consider placing references to those chapters within the new Chapter 24.
It was decided that City Staff will compile a new draft of Chapter 24 for review by the BBA within the next
4-8 weeks. The next meeting will be announced when the completion of a draft of Chapter 24 is ready for
review.
G. Announcements
None.
H. Adjournment
Hearing and seeing no additional comment from attendees, Chairman Whitmore closed the meeting
at 10:50 AM.
The next Building Board of Appeals meeting will be set at a future date.
__________________________________________
Natalie Nelson, Administrative Assistant
Minutes approved by Building Board of Appeals on (date of approval).
5
DATE: August 3, 2016
TO: Honorable Mayor John Rey
City Council
FROM: Anne Marie Gaura, City Manager
Ellen Divita, Community Development Director
SUBJECT: Creating a Consolidated Building Related Board of Appeals (Chapter 22).
(First Reading)
I. Summary
The City code currently creates four building trades related commissions: the Building
Board of Appeals (Chapter 24.112), the Electrical Commission (Chapter 25.05), the
Plumbing Commission (Chapter 26.06), and the Mechanical Board (Chapter 29.08). The
Building Board of Appeals (BBA) and members of the community have been meeting for
the past year to review the building codes. In their Commission meetings they
have essentially functioned as Consolidated Board of Appeals, working with a
representative from each of these trades: Plumbing, Electric, and Mechanical. The
BBA recommends to the City Council that the four Commissions be combined into one
Consolidated Building Board of Appeals.
The proposed ordinance would eliminate the Electric, Plumbing, and Mechanical
Boards, and expand the membership of the BBA to include a representative from each
trade, with staff serving a liaison role. Further, similar to the enabling code for each of
the City’s citizen commissions, it removes details of the Commission from Chapter 24
and creates Chapter 22, uniquely dedicated to the creation of the Consolidated
Building Board of Appeals (CBBA).
II. Background
The City code currently provides for four building related commissions: the composition
of the BBA is found with Chapter 24, the Electric Commission within Chapter 25, the
Plumbing Commission with Chapter 26, and the Mechanical Board within Chapter 29.
The Building Board of Appeals and interested residents have been meeting for the past
year to review the 2015 International Code Council building codes.
The building trades commissions meet infrequently and each had actually not met for
over seven years before the work began on the Code update. In preparation for this
review and consideration to update the City’s adopted building codes, the Community
Development Director made phone calls to all members of each of the four commissions.
Only one member each of the Plumbing and Mechanical Boards and all of the BBA
members were interested in working on the project. A representative from the Electric
Trade (though not seated on the Electrical Board) and a local mechanical engineer (not
seated on the Mechanical Board) also volunteered to help. It should also be noted that
representatives from our local building trades and the DeKalb County Builders and
Developers Association have attended each meeting and participated in discussions of
the building codes.
With this group of interested residents, the Commission, et al has essentially functioned
as a Consolidated Board of Appeals, working with a representative from each of the City’s
Plumbing, Electric, and Mechanical Boards. As discussed at their April 26, 2016 meeting,
the BBA recommends to the City Council that their membership be reconstituted as
a CBBA with a representative from each of the three trades on the Commission.
The proposed ordinance would eliminate the Electric, Plumbing, and Mechanical
Boards, and expand the membership of the BBA to include a representative from each
trade, with staff serving a liaison role.
Further, it removes the sections within Chapter 24 which create the original BBA
and creates a new chapter, Chapter 22, dedicated to the creation of the CBBA Appeals.
The ordinance suggests a nine member Commission. Currently, six members are
seated on the BBA. Three are contractors and three are licensed architects. This
ordinance recommends the following specializations shall be required on the
CBBA:
1. One member shall be a licensed plumber.
2. One member shall be a licensed electrician.
3. One member shall be a licensed heating/ventilation/air-conditioning/mechanical
device installer or designer.
4. One member shall be a licensed architect or structural engineer.
5. One member shall be a commercial builder or remodeler.
6. The balance of members shall be appointed with consideration of their respective
areas of knowledge or expertise.
Typically, City Commission terms are three or four years. Building codes are updated
every three years with most communities choosing to review and update every six years
because code updates are 1) a time consumptive process, and 2) the full set of code
books, which every inspector should have a full set of, can cost up to $1,000 each.
Therefore, rather than appointing members for a three year term, it is recommended the
terms be six years.
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III. Community Groups/Interested Parties Contacted
The consolidation of the building related boards and commissions was discussed and
approved the BBA at their April 26, 2016 meeting. Accordingly, the BBA and members of
the current Plumbing, Electrical, and Mechanical Boards are aware of this proposal and
agree with the recommendations.
IV. Legal Impact
The City has the authority to establish the number of members in this commission. After
amendment, the Commission would use the number of members to determine quorum
and voting requirements.
V. Financial Impact
Since this commission is voluntary, there would be no financial impact with this change
for the City.
VI. Options
1. Approve the proposed ordinance as drafted. This is recommended.
2. Recommend modifications of the ordinance.
3. Do not approve the proposed ordinance. Make no changes.
VII. Recommendation
Approve the attached ordinance as proposed, eliminating the Electric, Plumbing,
and Mechanical Boards from the City code, and expanding the membership of the
Building Board of Appeals to include a representative from each trade to create a
Consolidated Building Related Board of Appeals as Chapter 22 of the City code.
Page |3
ORDINANCE 2016-
CREATING A CONSOLIDATED BUILDING RELATED
BOARD OF APPEALS (CHAPTER 22)
WHEREAS, the City of DeKalb is a home rule municipality which has previously adopted
certain building and mechanical codes as outlined in Chapters 24, 25, 26 and 29 of the
City Code; and,
WHEREAS, said Chapters contemplate the creation and maintenance of various boards
of appeals relating to discrete areas of building-related regulation; and,
WHEREAS, the City has determined that it is necessary and advantageous to create a
consolidated building-related Board of Appeals as contemplated herein;
THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of DeKalb,
DeKalb County, Illinois, as follows:
Section 1. Ordinances Repealed or Amended:
1) Section 24.02: City Code Section 24.02 shall be amended with the deletion
of subsections 112.0 through 112.7.
2) Section 25.05: City Code Section 25.05 shall be amended with the deletion
of subsections (b) through (e), and the replacement of subsection (a) as
follows: “a) Delete Article 80.15 A, B, C, D, E, F, H of the National Electric
Code 2002 and refer to the Consolidated Building Board of Appeals.”
3) Section 26.06: City Code Section 26.06 shall be deleted in its entirety.
4) Section 29.08: City Code Section 29.08 shall be deleted in its entirety.
Section 2. Ordinances Created:
City Code Section 22 is hereby created as follows:
22.01 Consolidated Building Board of Appeals:
a) Creation: There is hereby created a consolidated building board of appeals
for the City of DeKalb, referred to hereafter as the “Building Code Board of
Appeals”, which Board shall have the function of serving as a board of
appeals with respect to matters arising under the City’s then-currently
adopted building and mechanical codes, including but not limited to the
building code, electrical code, plumbing code and mechanical code
(hereafter “City Building Codes”). Where any City Building Code
contemplates a review process before a board of appeals or similar body,
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such reference shall be deemed to refer to this Section 22.01 and the
Building Code Board of Appeals created herein. Where any City Building
Code is in conflict with the provisions of this Section 22.01, this Section shall
prevail.
b) Membership: The Building Code Board of Appeals shall consist of nine
members. Each member shall serve for a six year term, and shall be
appointed by the Mayor of the City of DeKalb with the advice and consent
of the City Council. The initial appointments to the Board (and any
subsequent appointments made to fill a vacancy) may be made for a shorter
term as determined appropriate by the Mayor, to create a rotation of
positions and terms on the Board.
1) One member shall be selected as the Chair of the Building Code
Board of Appeals by the vote of the remaining members. The Chair
shall preside over meetings of the Board and shall exercise the
authority of the Chair pursuant to Robert’s Rules of Order and City
Code of Ordinances. The City Manager shall designate a City staff
member who shall serve as secretary for the Board and shall take
minutes of its meetings.
2) Of the members of the Board, the following specializations shall be
required:
i One member shall be a licensed plumber.
ii. One member shall be a licensed electrician.
iii. One member shall be a licensed heating/ventilation/air-
conditioning/mechanical device installer or designer.
iv. One member shall be a licensed architect or structural
engineer.
v. One member shall be a commercial builder or remodeler.
vi. The balance of members shall be appointed with
consideration of their respective areas of knowledge or
expertise.
3) All members of the Board shall either reside within the corporate
limits of the City of DeKalb or provide their services within the City of
DeKalb. Where a member performs a service which would require a
license issued by the City of DeKalb if performed within the City, such
member shall be required to obtain and maintain such a license
issued by the City.
4) All members of the Board shall serve without compensation, and may
be removed pursuant to the laws applicable to removal of appointed
officers.
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c) Jurisdiction: The Board shall have jurisdiction over any appeal right arising
under the provision of any City Building Code which entitles a petitioner to
bring a hearing or conflict before an appointed board of appeals convened
by the City, provided that such appeal is made to the Board, in writing, within
the limitations period specified in the applicable section of the City Building
Codes. The Board shall not have jurisdiction to hear matters which do not
have a specified right of appeal arising under the City Building Codes. In
addition, the Board may hear such other conflicts as shall be referred to the
Board by the direct action of the City Council of the City of DeKalb through
resolution.
1) Conflict of Interest: Any member of the Board who has a direct or
indirect personal, professional or pecuniary interest in any matter or
whose business or company is involved in the design or construction
of any matter shall not participate in the conduct of a hearing relating
to that matter. In the case of such a recusal, the Mayor may appoint
an alternate member to serve on the Board solely for the purpose of
participating in the hearing on the matter at issue; such temporary
appointments shall not require the advice or consent of the City
Council and may be made by letter issued by the Mayor.
2) Rules of Procedure: In the case of any appeal heard by the Board,
the Board shall be authorized to adopt rules of procedure governing
its actions and conduct and the conduct of parties appearing before
it. The Board shall, by its rules, be authorized to subpoena the
presence of witnesses or the production of documents before it. The
Board shall be authorized to make determinations of appropriate
standards applicable under the City Building Codes, but shall not be
authorized to impose any fines, penalties or sanctions. Where a
violation of the City Building Codes is identified, the Board may, at
its discretion, refer such matter to the Chief Building Official and/or
City Attorney for consideration of citation and/or prosecution. The
Rules of Procedure shall not require strict compliance with
evidentiary rules applicable to Court proceedings; the Board may
consider evidence relevant to the matter presented. During the
interim between the filing of an appeal and the date of first hearing
on the appeal, the Chair of the Board may adopt rules of procedure
and shall disseminate such rules in writing to the parties. Such rules
are subject to modification or amendment by the Board at any
properly convened meeting thereof.
i. All appeals filed with the Board shall be in writing and
submitted under oath. Appeals shall be filed initially with the
Chief Building Official of the City, either in person or via
certified first class mail, postage prepaid, return receipt
requested. The date and time of actual receipt by the Chief
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Building Official shall be treated as the date of filing of the
appeal. Unless a shorter time period is specified within the
City Building Codes, all appeals shall be filed within thirty (30)
days of the date of issuance of the decision or action being
appealed. The Chief Building Official shall provide copies of
the Appeal to the Board as soon as practical thereafter, and
the Chair of the Board shall issue a notice and call for a
regular or special meeting to hear the appeal. Said meeting
shall be conducted within thirty (30) days of the date of filing
of the appeal. All parties shall be afforded not less than five
(5) days written notice of the date and time of the hearing,
which hearing may be continued from time to time thereafter
without written notice. The Community Development Director
may adopt a form for use in the filing of appeals before the
Board; if adopted, use of such form shall be jurisdictional and
mandatory to bring a matter before the Board.
3) Response of the Chief Building Official: The Board shall afford the
Chief Building Official of the City, or a designee thereof, the
opportunity to respond to the appeal in writing, verbally at the
hearing, or both, at the discretion of the Chief Building Official.
4) Conduct of Hearings: In the event any party seeks to bring an appeal
before the Board, said party shall be responsible for compliance with
the Rules of Procedure adopted by the Board. Additionally, the
Board shall be authorized to hire a court reporter to prepare a
certified transcript of proceedings before the Board, the cost of which
to be borne by the party bringing the appeal before the Board.
5) Decisions of the Board: The Board may affirm, reverse or modify the
decisions of the Chief Building Official which have been properly
appealed to the Board.
i. Final decisions of the Board shall be issued in writing
and shall denote the specific vote of the Board to
decide the appeal, with a roll call vote taken of the
members of the Board. The Board may also attach
findings of fact and/or recommendations to its decision
where such actions are deemed appropriate.
ii. Upon issuance of a final decision that contradicts the
determination of the Chief Building Official, the Chief
Building Official and the appellant shall either comply
with such decision, or shall appeal the decision as
provided below.
iii. Relief from the Chief Building Official’s determination
may be granted only where the Board determines that:
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A) The Chief Building Official did not
correctly interpret the City Building
Codes; or,
B) Specific reasons, that are unique and
individual to the single project at issue
before the Board, make application of the
strict letter of the Building Code
impractical, and the proposed
modification or relief is in compliance with
the intent and purpose of the Building
Code, and such modification or relief
does not lessen health, accessibility, life
and fire safety or structural requirements
of the structure nor does it contradict any
mandate of a superior governmental
authority; or,
C) any alternative material, design or
method of construction and equipment
complies with the intent of the Building
Code and the material, method or work
offered is, for the purpose intended, at
least the equivalent of that prescribed in
the Building Code in quality, strength,
effectiveness, fire resistance, durability,
accessibility and safety.
The Building Code Board of Appeal may not waive the
requirements of the Building Code.
6) Administrative Review: Final decisions of the Board shall be
appealable as final decisions of an administrative body pursuant to
the Illinois Administrative Review Law, 735 ILCS 5/3-101, et. seq.
7) Plumbing Appeals: The Board shall not be authorized to alter or
waive mandatory provisions of the Illinois State Plumbing Code. The
Board shall not consider appeals relating to such mandatory
provisions. The Board shall have jurisdiction to consider appeals
relating to local amendments of the Plumbing Code which have been
adopted by the City of DeKalb.
8) Energy Code Appeals: The Board is not authorized to waive
mandatory provisions of the Illinois State Energy Code. The Board
shall consider appeals relating to such mandatory provisions, per
C109.1 and R109.1 of the State of Illinois Energy Conservation
Code.
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d) Open Meetings: Meetings of the Board shall be conducted as open
meetings of a public body pursuant to applicable law. The Board may
establish a regular meeting schedule, subject to modification by the Board
from time to time, and may schedule such special meetings as shall be
required to fulfill its obligations.
e) Other Powers and Duties:
1) Advisory Body: The Board shall serve as an advisory body to the
City Council of the City of DeKalb and to the Chief Building Official
and Community Development Director in making recommendations
and suggesting policies applicable to the City Building Codes or
updates thereto. Any such recommendations shall be adopted by
written resolution, and such resolution shall denote the results of the
roll-call vote utilized to adopt the same.
2) Appeal of Denial of City-Issued Contractor’s License: Where any
provision of the City Building Codes contemplates the issuance of a
contractor’s license by the City and a license is denied to any person,
said applicant may file a written appeal with the Board within five (5)
days of the date of denial, and the Board shall have jurisdiction to
consider such appeal as a hearing under subsection (c) above.
Section 3. All ordinances or portions thereof in conflict with this ordinance, including the
prior versions of the ordinances included above, are hereby repealed.
Section 4. Should any provision of this Ordinance be declared invalid by a court of
competent jurisdiction, the remaining provisions will remain in full force and affect the
same as if the invalid provision had not been a part of this Ordinance.
Section 5. This Ordinance shall be in full force and effect after passage and publication
pursuant to law. Publication date: __________, 2016. Effective date: __________, 2016.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois at a regular meeting
thereof held on the _____ day of ________, 2016 and approved by me as Mayor on the
same day.
ATTEST:
________________________________ _________________________________
JENNIFER JEEP JOHNSON, City Clerk JOHN A. REY, Mayor