Board of Building Appeals

Village Hall Village of Lombard 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Board of Building Appeals Members Bob Mueller, Marty Igoe, Steve Flint, John Cullen and Maurice Bernardi Staff Liaisons: Director of Community Development William Heniff and Building Official Keith Steiskal Wednesday, September 7, 2016 6:00 PM Village Hall - Community Room Call to Order and Pledge of Allegiance The meeting was called to order by William Heniff, AICP, Director of Community Development, at 6:05 p.m. Mr. Heniff led the Pledge of Allegiance. Roll Call Present 5 - Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi Also present: William Heniff, AICP, Director of Community Development and Keith Steiskal, Building Official. Public Hearings Business Meeting Approval of Minutes A motion was made by Stephen Flint, seconded by Bob Mueller, to approve the minutes of the September 9, 2015 meeting. The motion passed by a unanimous vote. Unfinished Business New Business 160374 Text Amendments to the Lombard Village Code - Restaurant Grease Traps Ordinance granting approval of text amendments to Title 15, Chapter 150, Section 150.050 et. seq. of the Lombard Village Code with regard to establishing and amending regulations pertaining to restaurant grease trap sizing requirements. (DISTRICTS - ALL) Village of Lombard Page 1 Board of Building Appeals Minutes September 7, 2016 Keith Steiskal, Building Official, introduced the proposed text amendments to Chapter 150.050 of the Village code pertaining to requisite plumbing fixtures. These amendments also pertain to Water Sense fixtures, which were discussed and supported at the last BOBA meeting as well as new provisions pertaining to restaurant grease trap sizing. The amendments address interpretations set forth by the Illinois Department of Public Health (IDPH) pertaining to the State Plumbing Code as well as our past and ongoing engagement with the Glenbard Wastewater Authority (GWA) pertaining to the governance of the Fats, Oils and Grease (FOG) program. Laurie Frieders of the GWA discussed her role as the Pre-treatment Coordinator. She provided the BOBA members with a pretreatment ordinance packet that outlines the intent of the proposed regulations. GWA’s role in water quality came as a result of the 1973 USEPA Clean Water Act. Historically, their emphasis was upon industrial application but subsequent regulations allowed treatment entities to manage restaurant waste. She noted that the concept of Lombard having a FOG program is not new. What is being brought forward is regulations pertaining to grease trap sizing that help better address the need to regulate such waste. She noted that the regulations in the State Plumbing Code administered through the IDPH are insufficient and the proposed amendments address the matter. Mr. Steiskal noted that Lombard staff has been working closely with Glen Ellyn staff and the GWA to develop reasonable regulations that address GWA concerns while accounting for operational concerns raised by restauranteurs. He also noted challenges for places such as downtown establishments that may not be able to physically accommodate additional sizing requirements. As such, the regulations would be based upon 100 percent of the fixtures’ holding capacity - this is significantly greater that the adopted state regulation but still less than what some other sanitary districts mandate. The proposed requirements are the only part of their overall inspection program that would be administered by GWA through the Village’s Public Works Department. In closing, staff recommends approval of the amendments. Should such language be supported, staff will transmit the draft language to the State for their concurrence and approval. Upon receiving their approval, staff will then transmit the amendments to the Village Board for final adoption. Mr. Flint asked about the possibility that the state may not approve the proposed regulations. Mr. Steiskal noted that based upon initial consultations and review of other amendments, the state has been supportive of the amendments that are being considered. Village of Lombard Page 2 Board of Building Appeals Minutes September 7, 2016 A motion was made by Stephen Flint, seconded by Maurice Bernardi, to recommend to the Board of Trustees the adoption of the proposed building text amendments to Chapter 150. The motion passed by a unanimous vote. 160378 Chapter 93.02 Review - Construction Hours Review and discussion of the permissible construction hours set forth in Chapter 93.02 of the Lombard Village Code. (DISTRICTS - ALL) William Heniff, Community Development Director, provided BOBA with an overview of the existing code provisions pertaining to construction activity. This matter is being brought to BOBA based upon a constituent service request. He noted that Chapter 93.02(B) establishes noise standards for construction activity and limits such activities between the hours of 8:00 p.m. and 7:00 a.m. in relation to which the buildings within a 300-foot radius are used exclusively for residential purposes. Staff has reviewed the time provisions with BOBA, with code amendments in 2002 and 2008. Recently, staff has received inquiries to further review this matter as some residents have expressed concerns about construction activity occurring on Sundays or holidays. He then offered a few observations that have been shared with the public and the development community, including: 1. Restricting construction hours or reducing the number of days would mostly impact resident homeowners who may only have two days per week to devote to a project. 2. Staff has concerns that reducing construction hours could cause delays in projects. 3. Contractors seeking additional flexibility of construction start time in the summer. He also noted that staff contacted fifteen communities regarding their construction hours and shared their regulations. In closing staff is seeking concurrence from BOBA to reaffirm that the Village’s existing construction hours are appropriate. Attending the meeting was Charlene Cakora, a Lombard resident who expressed concerns about construction activities and the impacts it can have on neighboring properties. She stated that the Hinsdale regulations noted in the report are appropriate. In her case, she stated that she abuts a property in which a house has been under construction for two to four years. Work is occurring of Sundays and holidays and the continued activity causes concerns. She noted other issues pertaining to the project, including yard encroachments and loud noises. Given everything she has been through, she wanted to bring the matter before the Village for consideration. Village of Lombard Page 3 Board of Building Appeals Minutes September 7, 2016 Mr. Mueller expressed sympathies to her as that is not the desire of many builders and trades people in the community. This sentiment was also share by Mr. Bernardi. They thanked her for coming and to offer her comments. Through the discussion the BOBA members stated that the issues brought before them were more an individual situation and not worthy of wholesale changes to code. As such, the BOBA members did not direct staff to proceed with any code amendments. They also asked staff to follow up as warranted with the builder to see if the past concerns could be addressed. 160375 Text Amendments to the Lombard Village Code - Electrical Code Ordinance granting approval of text amendments to Title 15, Chapter 150, Section 150.060 et. seq. of the Lombard Village Code with regard to electrical installation rules and regulations and other general code amendments. (DISTRICTS - ALL) Keith Steiskal noted amendments as it pertains to aluminum wiring. Currently, existing code precludes the use of aluminum wiring systems. However, based upon inquiries, staff is bringing forward an amendment to allow for aluminum wiring in selected exterior applications. He noted that currently ComEd exclusively uses aluminum wire to feed electric services. Private electricians have started doing much of this work. The current ordinance requiring copper wire was written at a time when all installation of wire to electric services was done by the utility provider, who was not subject to our ordinances. That is no longer the case. The recommended change would allow for private licensed electricians to install the same aluminum wire ComEd does for outside electric service feeder wire. Mr. Bernardi noted that he deals with this issue all the time. Mr. Mueller concurred and noted some of the cost issues that can occur on projects in which an owner may double-pay for the connection. The members also discussed whether it would be appropriate to require conduit in exterior feeds. Mr. Cullen also sought clarification as to the length the aluminum wire could be extended toward a house. Mr. Steiskal noted that it would be up to the meter, with all other wiring needing to be copper. A motion was made by Maurice Bernardi, seconded by John Cullen, to recommend to the Board of Trustees the adoption of the proposed building text amendments to Chapter 150. The motion passed by a unanimous vote. 160376 Text Amendments to the Lombard Village Code - Building Permit Fee Schedule Ordinance granting approval of text amendments to the Title 15, Village of Lombard Page 4 Board of Building Appeals Minutes September 7, 2016 Chapter 150, Section 141 of the Lombard Village Code with regard to building permits fees. (DISTRICTS - ALL) Keith Steiskal offered a minor amendment reestablishing a fee schedule pertaining to unmetered water usage. Reestablishing the unmetered water meter fee will allow for water meters to be installed at the end of construction projects rather than in the middle. This will lessen the responsibility of the builders as well as reduce the chances of damage to the meters through freezing or other physical damage. The fee recommended is the same fee as used in the past. He also noted that this was supported by many builders as it avoids the need to come in for replacement meters and administer the replacement program. He also noted that Public Works will be taking on the role of administering many aspects of the meter program and will be installing the meters at the final inspection. He noted that this will also help builders close out project and not have to address billing issues. Staff seeks approval of the amendments. A motion was made by Maurice Bernardi, seconded by John Cullen, to recommend to the Board of Trustees the adoption of the proposed building text amendments to Chapter 150. The motion passed by a unanimous vote. 160377 Text Amendments to the Lombard Village Code - Expedited Permit Review Ordinance repealing the provisions set forth in Chapter 150.160 in its entirety with regard to expedited building permits. (DISTRICTS - ALL) William Heniff stated that Chapter 150.160 of the Village Code established a process for review and approval of expedited building permits. This provision has been within Village Code for decades but has not been utilized in recent history. However, when staff received such an inquiry from a developer earlier this year, staff found that this code provision is inadequate to address current development and market conditions, as it does not define “expedited”. It also assumes that a third party service is “at the ready” to conduct a review which would occur faster than an in-house review - something that builders have not always supported because it does not always result in time savings. He also noted that the code does not readily define what elements would be subject to an expedited review and it does not account for external review activities. To be able to still provide for such a service, he noted that the Village Board adopted amendments to Chapter 16 of the Village Code pertaining to Cost Recovery which would provide for a reimbursement provision, if the Village and the requestor sought such a service. This provision would better address situations in which external or third-party services are needed. It also allows for greater flexibility for the development community to denote the specific scope of services Village of Lombard Page 5 Board of Building Appeals Minutes September 7, 2016 to be performed and the associated costs. A motion was made by Bob Mueller, seconded by Stephen Flint, to recommend to the Board of Trustees the adoption of the proposed building text amendments to Chapter 150. The motion passed by a unanimous vote. Other Business 160379 Expanded/Modified Role of BOBA Review and discussion of the duties and responsibilities of BOBA. (DISTRICTS - ALL) For informational purposes, William Heniff noted that earlier this summer the Village dissolved the Electrical Commission and the roles and responsibilities of the EC will now be addressed solely by BOBA. 160380 On-Line Permit Process Review and discussion of the Building Department on-line permit process. (DISTRICTS - ALL) Keith Steiskal stated that has been expanding its efforts to provide greater access to submitting permits and information on-line. He then provided an update on the enhancements that have been undertaken and will show the members both field technology efforts underway as well as other resources we intend to advance in the near future. He supplemented this discussion by showing the members some of the on-line and technological enhancements made available to builders. Adjournment A motion was made by Bob Mueller, seconded by Stephen Flint, to adjourn the meeting at 7:45 p.m. The motion passed by a unanimous vote. Village of Lombard Page 6