ACTION REQUESTED:
Title
Communication from the Construction Commission with a Request for DIRECTION Related to the ADOPTION of Updated BUILDING CODES.
Body
BACKGROUND:
At the conclusion of the Policy Session on Building Inspections in March, 2014, the City Council unanimously directed Staff to work toward the adoption of the 2012 family of building codes. Subsequent to this direction, Staff began the background research and review process and met with colleagues from other area jurisdictions that were also in the process of adopting the 2012 family of codes.
Many of the other local jurisdictions involved in these discussions have already adopted the 2012 codes. Communities that have already adopted the 2012 codes include East Peoria, Peoria County, Tazewell County, Galesburg, Normal, Bloomington, and Springfield. Washington is working toward the adoption of the 2012 codes at this time. Most of the suburban Chicago communities have adopted the 2012 codes and some have, or are working on the adoption of the 2015 codes.
Per the City Code, the Construction Commission is charged with the responsibility to review and make a recommendation to the City Council on all building code changes. To this end, the Construction Commission started the review process a few weeks ago. It was anticipated that the entire review process would take approximately three months.
The codes under review are; the International Building Code (IBC), International Residential Code (IRC), International Fire Code (IFC), International Existing Building Code (IEBC), International Mechanical Code (IMC), International Fuel - Gas Code (IFGC), International Property Maintenance Code (IPMC), and the National Electric Code (NEC).
At the most recent Commission meeting (the first meeting where code specifics were discussed), Councilman Weaver - who was in the audience - suggested to the Commission that the Council was not ready to adopt updated codes and that Staff should poll the Council Members to determine if the direction from the policy session last year had changed. The Commission determined that this was a reasonable question to ask, as they did not want to waste their time, or City Staff time discussing an item that would be summarily dismissed by the City Council.
This memo is therefore a request from the Construction Commission, Fire Chief, and Community Development Director for direction from Council on whether to go forward with the exploration of the adoption of the 2012 family of codes. At this point, it is not possible to have an informed discussion on the impact of the 2012 codes on building costs or safety. It is also not possible to have an informed discussion on individual changes to the codes. That discussion will only be possible after the Construction Commission has completed their review process.
The staff recommendation in this matter is to continue with the exploration for the following reasons:
1. The City is already three code cycles behind (we are on the 2006 codes, and the 2009, 2012, and 2015 codes have all been released). Adjusting to the incremental changes between each code cycle is easier than adjusting to what could be dramatic changes by waiting for a decade to adopt new codes.
2. Unlike zoning codes, liquor codes, and other locally adopted regulations that are amended on a regular basis, the building codes are generally only amended with the release of a new code cycle. As such, the new code cycle is the only real opportunity to keep up with changes in building technology, energy efficiency, materials, and safety.
3. It makes sense to be on the same code cycle with other area communities, as this reduces the need for builders and developers to adapt their plans to numerous different codes.
4. The building code as adopted is a "minimum code." It is sometimes said that by building to code, someone is building the worst possible building that can be legally constructed. While there is no requirement to adopt new codes, we would suggest that there is a reason to want to provide the best possible "minimum" standard of construction for residents and workers in Peoria.
5. City Staff has already completed the majority of the time consuming work in the review of the 2012 codes. Numerous comparison documents have been developed to assist the Construction Commission in reviewing the significant changes between the 2006 and 2012 codes and sets of 2012 Code Books have been purchased for all of the members of the Commission. The review process that the Commission has just started probably represents less than 10% of the total time commitment.
6. One of the 2012 Codes that the Construction Commission is charged with reviewing is the Existing Building Code (EBC). There has been significant community interest in how the Existing Building Code can be used to mitigate the challenges of redeveloping older existing buildings. Without the code review, it will be impossible to know if the 2012 EBC can play a positive role in redevelopment.
7. By stopping the review process before it has really started, the City will be left with the status quo of the 2006 Codes. Based on feedback from some Council Members, there are concerns with the 2006 codes, so by not moving forward, we would not be left with a "better" code, but simply with the code we currently have.
8. The process set forth in City Code for the Construction Commission to review and make a recommendation on the adoption of new codes is the best possible platform to allow public comment from anyone who is interested in the matter. Unlike other regulatory changes that may not be visible to the public before they are set on the Council agenda, the review of Building Codes in Peoria is designed to allow public business to be conducted in public.
9. Most importantly, the Council has the option to reject all or some of the recommendations from the Construction Commission. The reality is that at this point, we do not even know if the Construction Commission will recommend the adoption of the 2012 codes. When the recommendation from the Commission comes to the City Council after the complete review of the 2012 family of codes, the Council can make an informed decision based on the merits of the technical review and public input received during the process.
Please note that the following codes are not under consideration by the Construction Commission as they are not within the authority of the City to amend or reject.
· Energy Code
· Plumbing Code
· Life-Safety 101 Code
· Illinois Accessibility Code
· Americans with Disabilities (ADA) Code
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS: Any concerns can be publically stated at the Construction Commission meeting.
IMPACT IF APPROVED: NA
IMPACT IF DENIED: NA
ALTERNATIVES: NA
EEO CERTIFICATION NUMBER: NA
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Vibrant Downtown: Riverfront/ Central Business District/ Warehouse District
2. Attractive Neighborhoods with Character: Safe and Livable
3. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Support sustainability.
3. Grow employers and jobs.
DEPARTMENT: Community Development