Building Review Board Meeting - April 24, 2025

Note: The agenda lists the meeting date as April 24, 2025, but the transcript begins with "April twenty first, twenty twenty five." This discrepancy is reported without reconciliation.

The Building Review Board met on April 24, 2025, at 3:00 PM in the City Council Chambers at 400 S. Eagle Street, Naperville, Illinois. The meeting was called to order with seven members present, establishing a quorum. The primary business was a public forum on non-agenda items and a variance request regarding domestic water piping materials.

Consent Calendar

• Approval of Minutes (April 16, 2025): The board unanimously approved the meeting minutes from April 16, 2025, with no questions or corrections.

Public Comments & Testimony

• Non-Agenda Public Forum:
  • Ted (representing NEST, Naperville Environmental Sustainability Team) spoke in support of adopting the Illinois Stretch Energy Code. He stated that buildings create 75% of Naperville's greenhouse gas emissions and argued that the stretch code would improve energy efficiency, save residents money, and advance climate goals. He cited research from the Pacific Northwest National Laboratory showing nearly $250 in average annual utility savings for homeowners, a payback period of 10–11 years, and life-cycle cost savings of over $8,000 for new homes.
  • Bruce Jones (NEST transportation committee, 1124 Langley Circle, 30-year resident) supported electric vehicle charging station (EVSE) readiness provisions in the stretch code. He argued that installing conduit during new construction would save thousands of dollars compared to retrofitting later, citing personal experience with a church installation in Naperville.
  • Commissioner question: A commissioner asked whether the stretch codes referenced were the same as the state infrastructure code. Bruce Jones clarified that the state code applied to residential buildings, while stretch codes cover commercial and multifamily buildings.
• Public Testimony on Variance (BRB Case #112):
  • Paul Henterlong (Naperville resident, 38-year plumber) strongly opposed the variance. He stated that Naperville's standards are superior and that granting a variance based on cost would lower standards and set a negative precedent. He supported staff's recommendation to deny.
  • Jim Mansfield (licensed plumber, Bartlett) opposed the variance, arguing that plastic piping is non-recyclable and based on petroleum, and that surrounding areas do not approve such materials. He urged the board to protect residents and maintain existing codes.
  • Jim Majorowitz (licensed plumber, certified by American Society of Plumbing Engineers) testified against the variance. He stated that codes are minimum standards for public health and safety, criticized the mixing of materials, cited a 1990 60 Minutes report on similar piping failures, and referenced an April 14, 2025, Illinois EPA letter warning about PFAS in water. He argued that copper has a proven 50-year track record, while plastics have been reformulated and lack long-term testing.

Discussion Items

• Variance Request to Section 5-1E-2 (Prohibition of CPVC and PEX for Domestic Water Piping):
  • Staff Presentation: Mark Dudash, Chief Building Official, recommended denial of the variance for Heinz Acquisition LLC's proposed mixed-use development at 1200 East Diehl Road. Staff argued that copper has been the preferred material for decades and that City Council has repeatedly upheld the requirement since 1996. The recommendation aimed to maintain quality.
  • Applicant Presentation: Russ Whitaker (attorney for Heinz) and Elliot Milliken (Vice President, Heinz) presented in favor of the variance. They proposed a specific piping scheme: copper for the main horizontal distribution and metallic valves, CPVC for vertical risers, and PEX-A for distribution within residential units. They emphasized that this scheme exceeds industry standards, complies with state and international codes, and would save approximately $600,000 to $1,000,000 on the $100 million project. They argued that PEX-A has lower embodied carbon than copper, and that Heinz bears all risk if materials fail. They stated that the variance would not set a precedent but be a case-by-case decision.
  • Commissioner Questions: Commissioners asked about training for union plumbers (applicant noted state code permits these materials), the economic savings (confirmed as meaningful), environmental impact (lower manufacturing emissions for plastics), dissimilar material issues (only a concern between metals), and freeze/heat resistance (both pipe types fail if freezing occurs). The applicant stated that the main distribution near the booster pump would remain copper to handle vibration and pressure.
  • Applicant Rebuttal: Russ Whitaker responded to public testimony, arguing that the IEPA has not specifically warned about PEX, that the project is a private investment with Heinz bearing all risk, and that Naperville should innovate, citing the need for housing and cost efficiency. He emphasized that this is not a test case for safety but a standard used in comparable climates.

Key Outcomes

• Meeting Minutes Approved: The board unanimously approved the April 16, 2025, meeting minutes.
• Variance Discussion Tabled: A motion was made to table the variance request (BRB Case #112) until the next Building Review Board meeting on May 21, 2025. The motion passed without objection, allowing board members additional time to deliberate.