ACTION REQUESTED:
Title
Communication from the City Manager and Community Development Director with a Recommendation from the Construction Commission to ADOPT an ORDINANCE AMENDING of the Following:
A. An ORDINANCE Amending CHAPTER 5 of the City of Peoria CODE Pertaining to BUILDING CODES Based on the Recommendation of the Construction Commission to Adopt the 2018 ICC International Building Code, the 2018 International Fuel Gas Code, the 2018 ICC International Mechanical Code, the 2018 ICC International Property Maintenance Code, the 2018 International ICC Fire Code, the 2018 ICC International Residential Code, the 2018 ICC Existing Building Code and the 2017 National Electrical Code (City-Wide); and
B. An ORDINANCE Amending CHAPTER 13 of the City of Peoria CODE Pertaining to BUILDING CODES Based on the Recommendation of the Construction Commission to Adopt the 2018 ICC International Property Maintenance Code (City-Wide).
Body
BACKGROUND:
Building codes are among the most ancient of all human regulations with the earliest codes introduced in Babylon in 1758 BC and in the Book of Deuteronomy. Building codes experienced dramatic updates after tragic events such as the Great Fire of London in 1666 and the Great Chicago Fire of 1871. Building codes are also updated to address new building technology such as steel-framed skyscrapers, elevators, and modern electrical, gas, and water service to buildings.
Cities have for millennia enacted rules that protect the health, safety, and welfare of their residents. Building codes are a core element of those protections. The steady and ongoing reduction in the number of total-loss fires, building collapses, and other structural failures in modern buildings is a testament to the protection of human life through better regulatory codes. While some may see building codes as a damper on economic growth and competitiveness, the reality is that the codes are the minimum requirement to construct a safe building and the vast majority of the population would be unwilling to forgo the knowledge that a disinterested third-party expert (a City Building Inspector) has determined that the building in which they live, work, or enjoy recreation is not safe.
On January 20, 2021, the Construction Commission met to discuss the adoption of the updated 2018 International Code Council (ICC) codes. The International Code Council recommends code updates every three years based on feedback from industry leaders, development of new technology, building trends, input from trade groups, and public input.
The Construction Commission was designed to ensure all interested parties can offer an assessment of new codes, including a determination if the codes are unduly burdensome or would provide financial difficulty to people doing work in the City of Peoria. The Construction Commission is comprised of area professionals representing the trades, residential and commercial developers, architects, and engineers. They unanimously approved the adoption and did not identify any significant changes. For due diligence, the Peoria Area Association of REALTORS (PAAR) was notified and had no objections to moving forward as well.
Building Codes are an important pillar of public safety in a community. In November 2020, Federal Emergency Management Agency (FEMA) released a study concerning the economic benefits of code adoption focusing primarily on natural disasters and man-made disasters. The study states, “The primary purpose of I-Codes is to establish the minimum requirements to protect life safety and reduce property damage up to a design event (a defined risk threshold). The purpose is achieved by promoting the construction of hazard-resistant buildings. I-Codes are updated every 3 years. Over the last two decades, the updates have increasingly emphasized improving property protection to reduce dollar losses from natural hazard events, which has improved the life safety performance of buildings. The International Residential Code also includes residential affordability as a key consideration.”
The study goes on to state, “Enacting building codes that specify certain construction requirements has long been used to reduce the susceptibility of buildings to damage during a natural hazard event. In Natural Hazard Mitigation Saves: 2019 Report, adopting the I-Codes was found to save $11 for every dollar invested (NIBS, 2019). Relative to 1990 standards, modern building codes add less than 1% to a home purchase price. These facts support the premise that adopting and enforcing building codes is among the most efficient ways to build a resilient society.”
In addition to being a key component of public safety, building codes are an important tool in addressing affordable housing in a community. The International Code Council website states, “Access to affordable housing is becoming too difficult for too many Americans and more can and must be done. The root causes for the challenge are complicated and multifaceted. To effectuate change, solutions must address not only first costs but also costs associated with operation and maintenance. Getting a family into a home is not enough. They need to be able to afford to live there too. Cheap homes that blow over in the face of modest winds, suffer severe damage from minor flooding, become uninhabitable following low-grade earthquakes, or impose unnecessarily high energy and water utility bills are not the type of homes we should be promoting. Their residents deserve more. Low to moderate-income families have the most at stake when it comes to protecting their property from natural hazards. Recent Bankrate studies have reported that only 39 percent of those surveyed could cover a $1,000 blow with savings <https://www.bankrate.com/banking/savings/financial-security-0118/>. High energy and water bills also have disproportionate impacts. Middle-income and high-income ratepayers spend 1 to 5 percent of their income on energy bills, whereas low-income customers face energy burdens from 6 to 30 percent or more depending on their state of residence.”
The Construction Commission voted unanimously to approve the adoption of the following codes:
2018 International Building Code
2018 International Fuel Gas Code
2018 International Mechanical Code
2018 International Property Maintenance Code
2018 International Fire Code
2018 International Residential Code
2018 International Existing Building Code
2017 National Electrical Code
The recommended 2018 codes do not significantly deviate from the currently adopted 2012 codes. Instead, the 2018 codes provide additional clarification and slight updates. All major amendments to the codes identified by the Construction Commission in previous code recommendations will remain intact including the recommendation that sprinkler systems in single-family dwellings are not mandatory; however, homeowners do have the option to have them installed if they choose. Also, the amendments related to air rights adopted by the Council two years ago are included.
Adoption of building codes does not remove the ability of an individual to seek relief from said codes. The Construction Commission has the authority to provide waivers to the strict application of building code requirements except for State or federally mandated codes (Plumbing Code, Energy Code, Accessibility Code/ADA).
Building Code Regulations are not a detriment to successful development in a community as almost all cities in Illinois and the United States have adopted some version of the ICC Codes. All local communities in the Peoria area have adopted 2012, 2015, or 2018 Building Codes. The development and building process is far easier for private developers and builders when almost all communities follow the same basic codes. Current building codes, an efficient development process, and knowledgeable staff are strong economic development tools to ensure safe long-term growth in a community. Buildings constructed under the current set of codes are meant to be sustainable for the future and provide all homebuyers and developers a piece of mind that their investment will be safe in the long-term.
The Building Safety Division of the Community Development Department is charged with the responsibility of managing the building process in Peoria. A summary of the staffing and basic responsibilities of the division can be found below.
Staffing:
Building Inspection Coordinator - (1) One position
Building Inspector - (3) Three positions (One is currently vacant)
Plumbing Inspector - (1) One position
Development Technician - (2) Two positions (These positions also provide support for the entire Development process by serving as the customer service representatives for the entire Department and helping with administrative work for the Code Enforcement Division.)
The Building Safety Division is responsible to ensure that all construction in Peoria is following the national codes, state codes, and local ordinances adopted by the City of Peoria regulating construction. New construction, additions, renovations, remodeling, and changes of the existing use of residential and commercial projects are all inspected by the Building Safety Division through the permitting process. Additionally, the Division approves permits for demolitions/moving of structures, is responsible for commercial property maintenance, and tests and licenses HVAC and electrical contractors.
Item B includes the adoption of the City of Peoria International Property Maintenance Code. The Code Enforcement Division of the Community Development Department enforces these codes to ensure the following:
• Protect Property Values
• Ensure a high quality of life
• Reduce Blight
• Improve Public Safety
Purchasing and investing in a home is one of the biggest investments someone can make, and our Code Enforcement staff uses these codes to ensure that investment is protected. At times people think our Code Enforcement staff enforces all the City codes of Peoria. However, this is not true. Their work focuses specifically on Housing and Environmental issues in our community as defined in Chapter 5, Chapter 13, and the International Property Maintenance Code. Other sections of the code are enforced by different departments and their staff.
Our Code Enforcement staff understand the role of education and engagement in serving the community of Peoria. The first step in any process is to engage residents to ensure they understand the value of the codes and ordinances in place. A strong emphasis is placed on educational efforts in hopes of preventing the problem from occurring again in the future. The last step and tool available to the Code Enforcement Inspectors is enforcement. This tool is used only after all other means have been exhausted and compliance is not occurring.
The Code Enforcement Division of the Community Development Department has worked diligently over the past years to provide the most effective and efficient service delivery with the resources it has available. The Division hopes to build off past improvements to continue to find innovative ways to reduce blight and improve the quality of life in our neighborhoods. The Division has worked incredibly hard over the past few years to redefine how neighborhood improvement occurs in our community. Code Enforcement no longer defines the Division but is just one of the many tools at its disposal to improve our neighborhoods.
For context, the Code Enforcement Division of the City of Peoria has the following staffing level for the entire City of Peoria:
Code Enforcement Supervisor - (1) One position
Code Enforcement - (8) Eight positions (Two are currently vacant)
Legal Administration Technician - (2) Two positions
The Code Enforcement Division focuses on the following areas:
• Encouraging good behavior - Good Job Door Hangers, neighborhood association participation, social media engagement, Great Neighbor Appreciation Week, Coffee with Code, robust education materials
• Interior and Exterior Housing Issues - Tenant safety and education, exterior maintenance issues, interior maintenance issues
• Environmental Issues - Tall grass, litter, debris removal, rat abatement, abandoned vehicles
• Addressing Vacant Private Properties - Demolition, board Ups, environmental clean up
The Building Safety Division and the Code Enforcement Division understand the value of public safety in the Community. Both Divisions work to prevent public safety issues from occurring and address problems when they do occur. Healthy housing and neighborhoods have been shown to reduce crime and improve quality of life. Ensuring that buildings are constructed correctly and eliminating hazards reduces the potential for fires. Eliminating abandoned structures reduces the opportunity for arson fires.
The hard work of our staff has not gone unnoticed over the years and they should be commended for their diligence and service. The City of Peoria Community Development Department was selected as the winner of the 2018 International Code Council Community Service Award for its innovative efforts to educate the community and raise the profile of building safety. The award recognizes meritorious service by an individual, organization, jurisdiction, or community group that promotes public health, safety, and welfare by initiating activities or actions which are above and beyond the normal expectations. The Community Development Department was one of two award recipients for 2018 out of a national pool of candidates. The Community Development Department was recognized for its community engagement and educational efforts in the fields of Code Enforcement, Building Safety, Planning, and Neighborhood Development. The Community Development Department staff is dedicated to public service and works with Peoria residents to improve the public safety of the community, protect property values, and enhance the quality of life for all residents and visitors to Peoria.
In addition to this award, Brian Elms of the Innovation Academy has recognized the work of our staff in his various national talks and has plans to feature us in a chapter of a textbook he is writing. The staff has received praise from the United States Housing and Urban Development Department, the Illinois Housing Development Authority, the Center for Community Progress, Illinois Housing Action Agency, and multiple peer community across the county. Community Development staff are often asked to speak at various conferences about best practices related to our programs and efforts. The Community Development Department will continue to work hard to serve the public and improve the conditions of our City.
FINANCIAL IMPACT: NA
IMPACT IF APPROVED: City Staff will begin to enforce the updated codes on May 1st, 2021.
IMPACT IF DENIED: City staff will continue to enforce the 2012 ICC Codes.
ALTERNATIVES: NA
EEO CERTIFICATION NUMBER: NA
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Safe Peoria
2. Grow Peoria
3. Financially Sound City Government
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Invest in our infrastructure and transportation.
3. Keep taxes and fees competitive.
DEPARTMENT: Community Development