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Building Board of Appeals

Regular Meeting

Glen Ellyn, IL · November 17, 2021

AgendaPacketMinutes

Minutes

MINUTES BUILDING BOARD OF APPEALS MEETING November 17, 2021 Call to Order and Roll Call The meeting was called to order at 6:32 p.m. by Building Board of Appeals (BBA) Chairman Thomas Bredfeldt. Roll was called. Present: BBA Members Pope, Stahr, Tuscher, Rooney, Clark and Beck, and Chairman Bredfeldt. Approval of Meeting Minutes Following a motion by Clark, seconded by Tuscher, to approve the draft minutes of the August 25, 2021, the motion carried by roll call vote. Review of State Codes and Federal Acts Concerning Regulation of Construction Chairman Bredfeldt announced the evening’s agenda, a review of State codes and Federal acts concerning regulation of construction, saying four are to be considered tonight. He announced that Village Building and Zoning Official Steve Witt would be giving a presentation on the agenda item. Mr. Witt declared that discussion of three codes and a set of standards and would occur until 7 p.m. and that a follow-up meeting would be set to discuss remaining material. He added that he and member Beck would leave the meeting at 7, at which time the contractors forum will begin. In the interest advancing the process of updating Village Building Codes, Mr. Witt said he would first review several codes and standards for which Staff is not recommending amendments. Additionally, he said, the BBA needs to discuss the status of the Illinois Plumbing Code (which was previously amended and adopted). The Illinois Plumbing Code The Illinois Plumbing Code, Mr. Witt explained, regulates the design and installation of new plumbing or plumbing systems and the alteration of plumbing systems, whether residential or commercial. The rules, he continued, do not apply to existing buildings, unless the plumbing or plumbing system is being altered, the building use is being changed, or the existing plumbing system creates a health or safety hazard to the occupants; it applies to all water service and sanitary lines within 5 feet of the building and to the connections to the municipal service lines. The Code, he added, went into effect in 2014, and since has been enforced by the Village, though wasn’t officially adopted by the Village until 2017. At that time, Mr. Witt related, the Village was working in cooperation with the Village of Lombard to monitor the discharge of fats, oils and grease – commonly known as “fog” – from food service establishments and other entities that discharge hazardous materials into the public sanitary sewer system. Amendments to the Plumbing Code related to fog, he said, were introduced to the BBA and subsequently approved and adopted thereafter by the Village Board in 2017. Mr. Witt explained that interpretations of the Code are provided by the Illinois Department of Public Health (IDPH) or local plumbing inspectors or State inspectors. Variances to the Code must be requested through IDPH, he said, adding that part of the reasoning Staff is not recommending amending the Code is that doing so becomes a lengthy process. He said that, at this point in time, re-adoption of the Plumbing Code and changing the amendments is not required. 1 Americans with Disabilities Act Mr. Witt went on to talk about the Americans with Disabilities Act (ADA) Standards for Accessible Design. The ADA, he explained, contains scoping and technical requirements to provide accessibility to sites, facilities, buildings and elements by individuals with disabilities. The requirements, he continued, are to be applied during the design, construction, additions to and alterations of sites, facilities, buildings and elements to the extent required by those regulations issued by Federal agencies under the ADA of 1990. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing building and facilities are covered by the ADA. The current book, he stated, went into effect in 2010, and has been enforced by the Village since, but has not been locally adopted. Interpretations, explained Witt, are provided by the U.S. Department of Justice, and variations are not provided at a local level. Staff, he said, does not recommend any amendments to the Code at this time, but recommends adoption as written and published, to allow for local enforcement of its provisions. Illinois Accessibility Code The Illinois Accessibility Code (IAC), explained Mr. Witt, implements the Environmental Barriers Act and ensures that Illinois citizens with disabilities are treated fairly and equally, and that newly constructed and renovated buildings comply with accessibility standards that guarantee they are safe and readily accessible to persons with disabilities. The Code, he said, includes design requirements for public facilities and multi-story housing units as defined in the Code as well as all spaces and elements within them. This Code, he said, and has the force of a building code in Illinois and it constitutes the minimum requirements, and any governmental unit may enact stricter standards to increase access to persons with disabilities. Within the Environmental Barriers Act preparation, said Witt, the Illinois General Assembly found that public facilities and multi-story housing which contain environmental barriers create a serious threat to the safety and welfare of all members of society. He added that they find that individuals with disabilities are often denied access to the use of public facilities and multi-story housing due to environmental barriers which prevent them from exercising rights and privileges as citizens, and that integrating into the mainstream of society people with disabilities furthers the goals and policies of the State to assure the right of all persons to live and work as independently and to participate in the life of community as possible. Mr. Witt reported that the current version of the IAC was effective in 2018 and that the Village has been enforcing it since then, but has not locally adopted it. Interpretations, he said, are provided by Felicia Burton, the Accessibility Specialist for the State of Illinois, and who works for the Capital Development Board. According to Witt, the IAC is written with language indicating that no one can provide a variation to the Code as written, therefore Staff recommends no amendments to Code, but rather adopting it as written and published, to allow for local enforcement of its provisions. Illinois Energy Conservation Code Mr. Witt said the purpose of the State’s Energy Efficient Building Act was to reduce the air pollutant emissions from energy consumption that are affecting the health of residents of the State, to moderate future peak electric power demand to assure the reliability of the electric grid and an adequate supply of heating oil and natural gas, and to control energy costs for residents and businesses within the State. To that end, he continued, the State adopted the International Energy Conservation Code (IECC) as its energy code. The IECC, he said, applies to all areas of newly designed and newly constructed, privately funded commercial and residential buildings and all renovations, alterations, additions and repairs of such 2 buildings and facilities, but not to buildings designated as historic or that have landmark status. Other buildings that are exempt from a local building code are those that don’t use electricity or fossil fuel for comfort heat/conditioning. Mr. Witt noted that state law stipulates that no unit of local government may apply energy efficient building standards to privately funded commercial facilities in a manner that is less stringent than the Code as described within the Act, however, nothing in the Act prevents a unit of local government from adopting an energy-efficient code or standards for commercial buildings that are more stringent than the Code. The Code went into effect in 2019, he related. Mr. Witt said the State adopts a new version of the IECC every three years. The current version is the 2018, and it has been in force by the Village ever since that effective date. The current version is not locally adopted, he said, adding that the last time the IECC was adopted by the Village was in 2009. Interpretations, he continued, are provided by either the International Code Council, which publishes the book, or the Smart Energy Design Assistance Center, which is working in conjunction with the State on education efforts. Variances can be provided by the local HA as authorities having jurisdiction, explained Mr. Witt, but they cannot change things listed as mandatory provisions within the Code. He said that while amendments to the Code are not recommended at this time, adoption of the Code as written and published is. He added that the Village would look to adopt State amendments. The Chair wondered if the BBA would be comfortable voting this evening on the material presented or if discussion should be carried over to the next meeting. In response to a BBA question, Mr. Witt said the Village is required by law to follow the Codes though not to adopt them. He said the impetus for adopting the code is to make it clear that the Village has an enforcement provision. He also confirmed that the three Codes in the Act are all being followed now, and said that those four documents are in effect in every community within the State, and which are required to follow them, the exception being the City of Chicago. In response to a question as to why adoption hasn’t occurred, Mr. Witt opined that because the Village is behind in its cycle for adopting codes. He said the Village is trying to get back in pace with the Codes as they are currently written (which contributes to improving the ISO rating that theoretically relates to insurance rates). A brief discussion of payback ensued. Mr. Witt explained that the State generally adopts the Energy Conservation Code every three years, so is currently considering the 2021 version. In response to a Board question about the incidence of accessibility Code programs seen in the Village relative to affordable housing, Village Community Development Staci Springer said Staff is preparing for Village Board consideration other initiatives relative to affordable housing. She reported interest by the Board in Staff pursuing ways to increase affordable housing opportunities in the Village, and said that Staff has prepared a request for proposals seeking a professional with expertise in affordable housing to offer guidance in this regard. Chairman Bredfeldt asked for a motion either to adopt the Codes discussed or carry over discussion to the next meeting. A motion by BBA Member Clark, seconded by BBA Member Pope, to adopt the 2014 Illinois Plumbing Code, the 2010 Americans with Disabilities Act, the 2018 Illinois Accessibility Code and the 2018 International Energy Conservation Code, passed by roll call vote. BBA Members Clark, Pope, Beck, Rooney, Tuscher, Stahr, Chairman Bredfeldt all voted yes. Mr. Witt thanked the BBA for its participation in the code review process and said Staff will be setting forth a date to look at the next series of codes. 3

Agenda

Agenda Village of Glen Ellyn Building Board of Appeals Meeting Wednesday, November 17, 2021 6:30 PM Glen Ellyn Civic Center, Galligan Board Room Visitors are most welcome to attend all meetings of the Building Board of Appeals and can find copies of the Agenda on their chairs or online at www.glenellyn.org prior to the meeting. Any individual with a disability requiring a reasonable accommodation in order to participate in a meeting should contact The Village of Glen Ellyn ADA Coordinator, 630-469-5000, at least five (5) business days in advance of the next scheduled meeting. All matters on the Agenda may be discussed, amended, and acted upon. A. Call to Order B. Roll Call C. Approval of Minutes 1) Minutes - August 25, 2021 D. Review of State codes and Federal Act regulating construction for potential adoption: 6:30 p.m. to 7:00 p.m. 1) 2014 Illinois Plumbing Code 2) 2010 Illinois Americans with Disabilities Act 3) 2018 Illinois Accessibility Code 4) 2018 International Energy Conservation Code E. Building Community Listening Session: 7:00pm - 9:00pm 1) Session Overview 2) Community Development Department Staffing Update 3) Building Division Updates (including New Forms and Process Changes) F. Feedback from Building Community G. Questions H. Next Steps I. Trustee Report J. Next Meeting Dates K. Adjournment - 9:00pm Village of Glen Ellyn

Packet

Agenda Village of Glen Ellyn Building Board of Appeals Meeting Wednesday, November 17, 2021 6:30 PM Glen Ellyn Civic Center, Galligan Board Room Visitors are most welcome to attend all meetings of the Building Board of Appeals and can find copies of the Agenda on their chairs or online at www.glenellyn.org prior to the meeting. Any individual with a disability requiring a reasonable accommodation in order to participate in a meeting should contact The Village of Glen Ellyn ADA Coordinator, 630-469-5000, at least five (5) business days in advance of the next scheduled meeting. All matters on the Agenda may be discussed, amended, and acted upon. A. Call to Order B. Roll Call C. Approval of Minutes 1) Minutes - August 25, 2021 D. Review of State codes and Federal Act regulating construction for potential adoption: 6:30 p.m. to 7:00 p.m. 1) 2014 Illinois Plumbing Code 2) 2010 Illinois Americans with Disabilities Act 3) 2018 Illinois Accessibility Code 4) 2018 International Energy Conservation Code E. Building Community Listening Session: 7:00pm - 9:00pm 1) Session Overview 2) Community Development Department Staffing Update 3) Building Division Updates (including New Forms and Process Changes) F. Feedback from Building Community G. Questions H. Next Steps I. Trustee Report J. Next Meeting Dates K. Adjournment - 9:00pm Village of Glen Ellyn Page 1 of 17 DRAFT MINUTES BUILDING BOARD OF APPEALS MEETING August 25, 2021 Call to Order and Roll Call The meeting was called to order at 6:41 p.m. by Building Board of Appeals (BBA) Member Chris Clark. Roll was called. Present: BBA Members Brian Beck, Christopher Clark, Matthew Rooney and Tom Tuscher. Absent: BBA Chairman Thomas Bredfeldt. Appointment of Temporary Chairman Board Member Rooney moved to appoint Chris Clark Temporary Chairman for the evening’s meeting; seconded by Board Member Tuscher. The motion carried with four (4) yes votes and zero (0) no votes as follows: Members Rooney, Tuscher, Beck and Clark voted “yes.” Public Comment Non-Agenda Items There was no public comment pertaining to non-agenda items. Discussion Regarding Building Board of Appeals (BBA) Future Projects 1. Discussion of dates and background for upcoming listening session Village Community Development Director Staci Springer explained that the BBA generally is gathered to review updates to building codes, adopt local amendments, and on occasion weigh in on a building official’s interpretation. But, she said, the suggestion has been made to elicit input from customers – architects, developers and contractors – of the Community Development Department as to what the Department is doing well and where improvements might be made. The idea, she continued, is to host “listening sessions” to which the public is invited and from which Staff would assimilate suggestions and respond accordingly via lists and schedules. She described as a model for a new BBA initiative a workshop series previously used to glean input. By organizing a few meetings, she said an engagement method could be established with the BBA serving as a third-party. She asked the members whether they would be willing to serve in this function, had any suggestions, and could choose some meeting dates. Acting Chairman Clark asked for clarification that the concept would render the BBA as the forum to gather information from builders and design professionals. Confirming this, Director Springer said the format could make use of staff tables, along with an ELMO display and meeting minutes to track activity. Acting Chairman Clark asked if this arrangement would constitute a large public comment format and if the board would address other business at the same meeting. Director Springer said they could be addressed at the same or different meetings, with building codes discussed at yet different meetings. Acting Chairman Clark thought dedicated meetings desirable. Member Rooney said he is for the approach. Member Tuscher said he wished to defer as this is his first meeting. Member Beck said he wants to gauge the length of the process. Acting Chairman Clark requested a dedicated meeting be scheduled for a forum. Director Springer thought a month out would be a reasonable time for one and asked which days would work and how frequent meetings should be. Specifying Wednesday as workable, Acting Chairman Clark recommended trying two meetings per month. Director Springer asked for meeting format suggestions, to which Member Rooney responded that the structure should be one that prohibits a meeting becoming a complaint session. Audience member Ray Whalen, 177 Sunset Ave., 1 Page 2 of 17 asked how early would be feasible to meet. Director Springer said the meeting time could be set earlier and time limits established. In response to a concern expressed by Acting Chairman Clark about BBA limitations, she said she expects Department Staff to be on hand to field inquiries and clarify procedures. Advocating an atmosphere of constructive input, Mr. Whalen suggested that an update on Departmental changes be given, and residents be invited. Acting Chairman Clark suggested a two-hour timeframe in the interest of not turning people away. Director Springer recommended starting with two hours, and presenting changes that have been made in response to feedback. 2. Discussion of schedule and process for updating Village Codes regulating construction Introducing the Building Code update undertaking, Village Building and Zoning Official Steve Witt explained that the Code is based on the International Code Council series of codes, new versions of which are typically published every three years. The Village, currently on the 2009 version, is looking to adopt the 2018 version, he explained, saying the upgrade will involve presenting major changes to the BBA, which is to examine Staff recommendations for amendments – or the Code itself – to determine whether detriments to construction in the Village exist. He said the effort is partly to keep up with other communities, but it also has bearing on residential insurance rates. Communities typically adopt a new version every six years, he related, hence the aggressive push for the Village to upgrade (adding, however, there’s no intent to rush the process). Mr. Witt turned to discussing other codes with which the Village is concerned, including the Illinois Life Safety Code, which governs existing conditions. He related that the Village will be adopting the International Energy Conservation Code; the Illinois Plumbing Code; the Illinois Accessibility Code; the Americans with Disabilities Act; and the Fair Housing Act. Mr. Witt enumerated the code-upgrade process, including Existing Building Code considerations, saying he envisions delivering Code presentations at Autumn BBA meetings. Acting Chairman Clark wondered about an Electrical Commission he recalled, to which Mr. Witt declared that the Village has two inspectors well-versed in the discipline. The latter said meeting dates and room availability will be confirmed. Chairman’s Report As Acting Chairman, Mr. Clark had no report, but expressed that he was glad to be present. Staff Report Development Director Springer said applicants will be sought to fill the two vacancies on the BBA, to which she welcomed Tom Tuscher, a retired contractor and long-time Village resident. Trustee’s Report Trustee Liaison Kelley Kalinich stated that both of the evening’s agenda items – the forum and the code update initiative – had been reviewed and endorsed by the Village Board. Adjournment Acting Chairman Clark adjourned the meeting at 7:27 p.m., following a voice vote on a motion that was made by Member Tuscher and seconded by Member Beck. Respectfully submitted, Barbara Dutton-Thomas Recording Secretary 2 Page 3 of 17 Glen Ellyn Building Board of Meeting 11/17/2021 6:30 PM Appeals Department: Community Development 535 Duane Street Department Head: Glen Ellyn, IL 60137 Category: Discussion Item Prepared By: AGENDA ITEM (ID # 2021- DOC ID: 2021-1660 1660) 2014 Illinois Plumbing Code Statement of the Issue: Analysis: Budget Impact: Action Requested: Attachments: 1. Building Codes Upgrade Memo - Meeting 1 - 111221 Page 4 of 17 MEMORANDUM TO: Chairman Bredfeldt and Members of the Building Board of Appeals FROM: Steve Witt, Building & Zoning Official CC: Staci Springer, Community Development Director DATE: November 12, 2021 RE: Building Codes Upgrade The first agenda topic for the Building Board of Appeals meeting to be held on November 17, 2021 includes the review of the following State Codes and Federal Act that the Village will need to adopt.  Illinois Plumbing Code, 2014  Illinois Accessibility Code, 2018  Americans with Disabilities Act Standards for Accessible Design, 2010  Illinois Energy Conservation Code, 2018, with State of Illinois amendments The following discussion will provide some background history on each of these codes and how they have been previously enforced within the Village of Glen Ellyn. Links to each of the codes have been provided for your perusal. We recommend that each of these codes be adopted by the Village. They are all currently in effect in all communities across the State of Illinois. Local adoption provides the ability to enforce the provisions of each of the codes. X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 1 of 10 Page 5 of 17 Illinois Plumbing Code, 2014 The Village’s current plumbing code references the 2014 Illinois State Plumbing Code (IPC), with local amendments, as the minimum regulations for the installation, alteration and use of plumbing systems within the Village. The current State of Illinois Plumbing Code had an effective date, and became immediately enforceable, as of April 14, 2014. Per state law (225 ILCS 320/42) only the State may exercise the power to regulate plumbers and promulgate a minimum plumbing code of standards, and this power may not be exercised by any unit of local government, including home rule units. Although the Village enforced the 2014 IPC upon it becoming effective, the Village of Glen Ellyn formally adopted the code by Village Ordinance 6488 on 3-20-2017. As part of that ordinance, the IPC was amended to include provisions for the installation of grease interceptors in automotive service facilities, food processing, food sales, or food service facilities. This was done as a precursor to the Village’s adoption of Ordinance No. 6595-VC which establishes certain minimum reasonable rules and regulations for any automotive service facility or food processing, food sales, or food service facility connected to, or applying to connect to, the Village’s sanitary sewer system regarding the collection and disposal of fats, oils and grease (FOG), sand or petroleum products in wastewater, not otherwise required to obtain and hold an Industrial Wastewater Discharge Permit form the U.S. Environmental Protection Agency and/or the Illinois Environmental Protection Agency. That ordinance also establishes certain minimum reporting requirements for waste haulers in the disposal of fats, oils, greases, and petroleum product wastes. Since the previous amendments related to FOG are an integral part of the FOG monitoring program, these amendments should remain as written and previously adopted. We do not propose any changes to the Illinois Plumbing Code, 2014 as previously amended and adopted. While we do not propose any amendments at this time, the process to do so is cumbersome as any proposed amendments would need to gain formal approval from the Illinois Department of Public Health prior to adoption by the Village. Re-adoption of the code is not required. This information is provided for historical background only. A copy of the Illinois Plumbing Code, 2014, may be found at the Illinois General Assembly’s website: https://www.ilga.gov/commission/jcar/admincode/077/07700890sections.html X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 2 of 10 Page 6 of 17 Illinois Accessibility Code, 2018 The Illinois Accessibility Code (IAC) implements the Environmental Barriers Act. The IAC includes design requirements for public facilities and multi-story housing units as defined in the IAC as well as all spaces and elements within them. It has the force of a building code in Illinois. The IAC constitutes the minimum requirements for accessibility, and any governmental unit may enact stricter standards to increase access. The IAC defines a public facility as follows: Public Facility. A public facility includes all of the following: 1. Any building, structure, or site improvement which is: owned by or on behalf of a governmental unit; leased, rented or used, in whole or in part, by a governmental unit; or financed, in whole or in part, by a grant or a loan made or guaranteed by a governmental unit. 2. Any building, structure, or site improvement used or held out for use or intended for use by the public or by employees for one or more of, but not limited to, the following: the purpose of gathering, recreation, transient lodging, education, employment, institutional care, or the purchase, rental, sale or acquisition of any goods, personal property or services; places of public display or collection; social service establishments; and stations used for specified public transportation. 3. A public right-of-way. The IAC defines multi-story housing as follows: Multi-Story Housing. Any building of four or more stories containing ten or more dwelling units constructed to be held out for sale or lease by any person to the public. Multi-story housing includes, but is not limited to, the following building types: apartment buildings, condominium buildings, convents, housing for the elderly, and monasteries. The Illinois Accessibility Code implements the Environmental Barriers Act (410 ILCS 25). The IAC is intended to establish minimum scoping and technical design requirements to ensure that the built environment in the State of Illinois is designed, constructed, and altered to be accessible to and usable by all, including individuals with disabilities. The IAC is also intended to resolve areas of difference between Federal accessible design standards such as the 2010 Americans With Disabilities Act (ADA), standards for accessible design (28 CFR 36 [2010]), and this code. The drafters of the IAC compared and primarily adopted the stricter of State or Federal accessible design standards to provide the greatest access throughout the State. Although the Village’s Building Code (International Building Code) devotes a chapter to provisions for accessibility in new construction, the IAC provides a far more comprehensive set of requirements. Additionally, the IBC technically does not apply to renovation projects, whereas the IAC contains provisions for renovation projects. The IAC, together with the Environmental Barriers Act (EBA), has the force and effect of law in the State of Illinois. The current version of the Illinois Accessibility Code took effect October 23, 2018. The Village has enforced the code since it became effective. The Illinois Attorney General has the authority to enforce the code in accordance with the EBA. Through local adoption, the Village shall have the authority to enforce the code as well. X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 3 of 10 Page 7 of 17 Per the EBA, any new public facility or multi-story housing for which a specific contract for the planning was awarded prior to October 23, 2018, and construction of which will begin by October 23, 2019, can be exempt from compliance with this new version of the Code and may instead comply with the Illinois Accessibility Code effective April 24, 1997. The IAC is not currently adopted by the Village; however, we recommend that the code be adopted as written and published to allow for local enforcement of its provisions. We do not propose any changes to the Illinois Accessibility Code, 2018. Proposed code amendments related to accessibility will be presented to the Building Board of Appeals for potential incorporation into the International Building Code at a future meeting of the Building Board of Appeals. A copy of the Illinois Accessibility Code, 2018, may be found at the Capital Development Board website by following the link at: https://www2.illinois.gov/cdb/business/codes/Pages/default.aspx X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 4 of 10 Page 8 of 17 Americans with Disabilities Act Standards for Accessible Design, 2010 The Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 (ADA) in the Federal Register on September 15, 2010. These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design (2010 Standards). The 2010 Standards set minimum requirements – both scoping and technical – for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. Adoption of the 2010 Standards also establishes a revised reference point for Title II entities that choose to make structural changes to existing facilities to meet their program accessibility requirements; and it establishes a similar reference for Title III entities undertaking readily achievable barrier removal. Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. In the few places where requirements between the two differ, the requirements of 28 CFR part 36, subpart D, prevail. The ADA is not currently adopted by the Village; however, we recommend that the Act Standards be adopted as written and published to allow for local enforcement of its provisions. We do not propose any amendments to the Americans with Disabilities Act Standards for Accessible Design, 2010. Proposed code amendments related to accessibility will be presented to the Building Board of Appeals for potential incorporation into the International Building Code at a future meeting of the Building Board of Appeals. A copy of the Americans with Disabilities Act Standards for Accessible Design, 2010, may be found at the Unites States Department of Justice, Civil Rights Division’s website at: https://www.ada.gov/2010ADAstandards_index.htm X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 5 of 10 Page 9 of 17 Illinois Energy Conservation Code, 2018 The Smart Energy Design Assistance Center (SEDAC), in partnership with the Illinois Environmental Protection Agency’s Office of Energy, provides training to increase awareness of the Illinois Energy Conservation Code and to improve the energy efficiency of new construction and renovation in Illinois. SEDAC’s website indicates “The Illinois Energy Conservation Code (IECC) designed [sic] to help protect the environment and reduce energy consumption. By following an energy conservation code, property owners can reduce air pollution, moderate energy demand, and stabilize energy costs and electric, oil, and gas supplies. The efficiency gains of the 2009 IECC set a new baseline for International Energy Conservation Code-compliant, new single-and multifamily homes, and while, there will be regional variability and uncertainty in technology penetration, quantitative estimates of National Energy & Cost Savings for New Single-and Multifamily Homes from U.S.DOE concluded that moving from a baseline of the 2006 IECC to the 2009 IECC reduces average annual energy costs by 10.8%, while moving from the same baseline 2012 IECC reduces them by 32.1%. In its May 2015 report entitled 2015 IECC: Energy Savings Analysis, the U.S.DOE concludes that new single and multifamily homes built to the 2015 IECC, compared with buildings built to the 2012 IECC, would result in an energy cost savings of approximately 0.82-0.63 percent for Illinois Climate Zones 4 and 5” (Glen Ellyn is located within Zone 5). Further, “in its June 2015 report entitled Energy and Energy Cost Savings Analysis of the 2015 IECC for Commercial Buildings, the U.S. DOE concludes that new commercial buildings built to the 2015 IECC, compared with buildings built to the 2012 IECC, would result in an energy cost savings of 11.5 percent on a national aggregated basis.” A report prepared by the Pacific Northwest National Laboratory for the U.S. Department of Energy reports that “Overall, the 2018 edition of the IECC results in site energy savings of 5.1% at the aggregate national level compared to the 2015 IECC edition (emphasis added). Comparatively, on a national weighted average basis, the 2018 IECC is 2.6% less efficient for energy use than Standard 90.1-2016 (see Appendix B in this report for the full comparison of the 2018 IECC and Standard 90.1-2016). Savings from the 2015 to 2018 IECC vary significantly by prototype and climate. This is expected because code requirements are different by building type and by climate. A few high-impact changes resulting in significant energy savings are listed below: • Heating, ventilation and air conditioning (HVAC): dual maximum control requirements to multiple zone variable-air volume (VAV) systems with direct digital control (DDC) (C403.6.1); VAV system ventilation optimization when energy recovery ventilator (ERV) is installed (C403.6.6); and HVAC control for hotel guestroom during unoccupied hours (C403.7.6). • Lighting: high efficacy lighting in dwelling units (C405.1), and lower interior and exterior lighting power allowance (C405.3.2 and C405.4.2).” X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 6 of 10 Page 10 of 17 The following charts, taken from the Pacific Northwest National Laboratory report, provide a comparison of energy use intensity and cost for buildings constructed under the 2015 and 2018 IECC for various building uses. X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 7 of 10 Page 11 of 17 Other significant changes from the 2015 IECC include:  Revisions to interior and exterior lighting power budgets and better clarity for lighting controls.  Clarity that regardless of design methodology, system commissioning is required.  New limits on heated or cooled vestibules.  Mechanical provisions reorganized based on equipment type rather than design methodology.  The maximum allowable fenestration U-factors in Table R402.1.2 (for the prescriptive compliance path) for climates zones 3 through 8 have been reduced from the values in the 2015 edition.  The ICC/RESNET 380 standard has been included as one of standards that can be used for determining the air leakage rate of a building or dwelling unit.  The Energy Rating Index compliance alternative index values have been increased slightly however, the method for determining an index is now required to be in accordance with standard ICC/RESNET 301. SEDAC also indicates, “The law requires all new commercial and residential construction for which a building permit application is received by a municipality or county to follow a comprehensive statewide energy conservation code. Renovations, alterations, additions, and repairs to most existing commercial and residential buildings must follow the Illinois Energy Conservation Code. The Law requires design and construction professionals to follow the latest published edition of the International Energy Conservation Code (IECC) which is currently the 2018 IECC and the ASHRAE Standard 90.1-2013 “Energy Standard for Buildings except Low-Rise Residential Buildings,” referenced therein. The updated Illinois Energy Conservation Code based on the 2018 IECC with Illinois Amendments became effective on July 1, 2019. Under the law, the Capital Development Board has the power to modify the Illinois Energy Conservation Code. Local governments are free to adopt stricter energy conservation laws for commercial buildings defined by the law. However, for residential buildings defined by the law, local governments may not adopt or regulate energy conservation standards either less or more stringent than the Illinois Energy Conservation Code (emphasis added). Exceptions which would allow local governments to regulate energy efficient standards in a more stringent manner are municipalities or counties which meet one of the following three provisions:  A unit of local government that on or before May 15, 2009 adopted or incorporated by reference energy efficient building standards for residential building that are equivalent to or more stringent than the 2006 International Energy Conservation Code  A unit of local government that on or before May 15, 2009 provided to the Capital Development Board identification of an energy efficient building code or amendment that is equivalent to or more stringent than the 2006 International Energy Conservation Code  A municipality with a population of 1,000,000 or more” Since the Village of Glen Ellyn does not qualify for any of these provisions, the IECC should be adopted as written and published. Through local adoption, the Village shall have the authority to enforce the code as well. X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 8 of 10 Page 12 of 17 SEDAC further indicates, “The law does not apply to buildings designated “historic” or having “landmark status” (interior and exterior separately), buildings exempt from a local building code, and buildings that do not use either electricity or fossil fuel for comfort conditioning. For purposes of determining whether this exemption applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps. The Illinois’ Energy Efficient Building Act may be found in Chapter 20 of the Illinois Compiled Statutes, Act 3125.” The IECC contains two separate sets of provisions, one for commercial buildings, and one for residential buildings. Each set of provisions is applied separately to buildings within their scope. Commercial provisions apply to all building except for residential buildings three stories or less in height. Residential provisions apply to detached one- and two-family dwellings and multiple single- family dwellings as well as Group R-2, R-3 and R-4 buildings three stories or less in height. Each set of provisions is divided in to five different parts: Chapter 1-2: Administration and definitions Chapter 3: Climate zones and general materials requirements Chapter 4: Energy efficiency requirements Chapter 5: Existing buildings Chapter 6: Referenced Standards The State of Illinois adopts a new version of the IECC every three years. The current version is the 2018. Though the Village’s website indicates adoption of the 2009 IECC, the Village did not adopt the 2012 version as concern was raised over the additional cost that would be imposed on new home builders to meet the more stringent requirements. The 2015 version was not adopted either. The 2018 version of the IECC is currently enforced by the Village. We do not propose any changes to the Illinois Energy Conservation Code, 2018. We recommend that code be adopted as written and published, along with the State of Illinois’ amendments thereto, which can be found at: https://www2.illinois.gov/cdb/business/codes/IllinoisAccessibilityCode/Documents/2018%20Illi nois%20Specific%20Amendments.pdf A copy of the Illinois Energy Conservation Code, 2018, may be found at the Capital Development Board website by following the link at: https://www2.illinois.gov/cdb/business/codes/Pages/default.aspx X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 9 of 10 Page 13 of 17 Recommendation: We recommend that the building Board of Appeals adopt the following State Codes and Federal Act as written and published.  Illinois Accessibility Code, 2018  Americans with Disabilities Act Standards for Accessible Design, 2010  Illinois Energy Conservation Code, 2018, with State of Illinois amendments No action is required related to the Illinois Plumbing Code, 2014, or the current local amendments, as this code and the amendments thereto are already in effect within the Village. X:\Plandev\Building Board of Appeals\Building Codes Upgrade - Meeting 1 - 111721.docx Page 10 of 10 Page 14 of 17 Glen Ellyn Building Board of Meeting 11/17/2021 6:30 PM Appeals Department: Community Development 535 Duane Street Department Head: Glen Ellyn, IL 60137 Category: Commission Recommendation Prepared By: AGENDA ITEM (ID DOC ID: 2021-1662 # 2021-1662) 2010 Illinois Americans with Disabilities Act Statement of the Issue: Analysis: Budget Impact: Action Requested: Attachments: Page 15 of 17 Glen Ellyn Building Board of Meeting 11/17/2021 6:30 PM Appeals Department: Community Development 535 Duane Street Department Head: Glen Ellyn, IL 60137 Category: Commission Recommendation Prepared By: AGENDA ITEM (ID DOC ID: 2021-1663 # 2021-1663) 2018 Illinois Accessibility Code Statement of the Issue: Analysis: Budget Impact: Action Requested: Attachments: Page 16 of 17 Glen Ellyn Building Board of Meeting 11/17/2021 6:30 PM Appeals Department: Community Development 535 Duane Street Department Head: Glen Ellyn, IL 60137 Category: Commission Recommendation Prepared By: AGENDA ITEM (ID DOC ID: 2021-1664 # 2021-1664) 2018 International Energy Conservation Code Statement of the Issue: Analysis: Budget Impact: Action Requested: Attachments: Page 17 of 17