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Subject
Public Hearing on an Ordinance to comprehensively revise and amend Chapter 5 of the Rockville City Code entitled “Buildings and Building Regulations,” by amending certain provisions pertaining to Building Restriction Lines, Numbering of Buildings, and Dangerous Buildings; by adopting with certain additions, deletions and amendments the ICC International Building Code, (2006 Edition), the International Residential Code, (2006 Edition), the National Electrical Code, (2008 Edition), the ICC International Energy Conservation Code, (2006 Edition), the ICC International Fuel Gas Code, (2006 Edition), the National Fire Protection Association Codes, 51, 54, and 58, (2006), the ICC International Mechanical Code, (2006 Edition), and the ICC International Plumbing Code, (2006 Edition); and by otherwise generally revising and amending Chapter 5, Articles I through XI; and by adding a new Article XIII, entitled “Existing Building Code” adopting the ICC International Existing Building Code, (2006 Edition); and by adding a new Article XIV, entitled “Green Building Regulations;” and by otherwise generally revising and amending Chapter 5, Articles I through XI.
Recommendation
Staff recommends that the Mayor and Council hear testimony at the public hearing regarding the proposed Ordinance to comprehensively revise and amend Chapter 5 of the Rockville City Code, "Buildings and Building Regulations".
Change in Law or Policy
This public hearing will allow stakeholders the opportunity to provide testimony regarding the proposed changes to the Rockville City Code.
Discussion
This ordinance will revise existing articles I-XI of Chapter 5 of the City Code, Buildings and Building Regulations,and will add two new articles (XIII and XIV) to address existing buildings and green buildings. The purpose of these revisions is to update our building codes to meet the current State codes, and to update and include local amendments to create an innovative and flexible system protective of health, safety and the environment. Rockville has been enforcing the 2006 International Codes Council (ICC) since the State adopted it in 2007, however, the City is interested in updating its local amendments and including green building provisions. The current State code is the series of 2006 ICC codes.
Chapter 5 of the Rockville City Code, Buildings and Building Regulations,contains Rockville's building codes. It is currently divided into twelve articles as follows:
Article I - In General
Article II - Building Restriction Lines
Article III - Numbering of Buildings
Article IV - Dangerous Buildings
Article V - Basic Building Code
Article VI - One And Two Family Dwelling Code
Article VII - Electrical Code
Article VIII - Energy Conservation Code
Article IX - Gas Code
Article X - Mechanical Code
Article XI - Plumbing Code
Article XII - Property Maintenance Code (No changes to Article XII are proposed)
This ordinance proposes to make revisions to Articles I-XI, as well as add two additional articles:
Article XIII - Existing Building Code
Article XIV - Green Building Regulations
Attachment A provides the full text for all Articles included in the Ordinance. Attachment B provides a reference table summarizing which ICC code is adopted by each Article. Attachment C is a Summary of Significant Changes, highlighting items that are new or have changed from Rockville's previous building code.
The staff has researched various alternatives for incentives. As mentioned previously, these incentives are only intended to encourage owners to go beyond the mandatory requirements outlined in this proposed code. A more detailed report of the suggested incentives for exceeding the code will be presented prior to the August 3rd Discussion and Instruction meeting.
Implementation will involve training staff, preparing educational materials and conducting workshops for builders, residents and other interested parties, revising application forms, computer changes to the permit tracking system, among others. Staff recommends an effective date of January 1, 2010, in order to provide time for implementation. This date is also when Montgomery County has made its new green regulations effective.
Mayor and Council History
The Mayor and Council introduced this Ordinance on June 22, 2009, where they subsequently requested this public hearing.
Public Notification and Engagement
The purpose of this public hearing is to provide a forum for the public to provide feedback on the proposed ordinance to revise Chapter 5 of the City Code. This public hearing has been advertised in the Gazette, Rockville Reports, and on the City Web site. In addition, direct emails have been sent to over 200 identified stakeholders to advise them of the public hearing, and provide them with a link to the City's Web site where the text of the proposed ordinance and additional information may be found.
Boards and Commissions Review
As discussed during Introduction, several Boards and Commissions have been briefed and given the opportunity to comment on this proposed ordinance including the Environment Commission, Planning Commission, Historic District Commission and Recreation and Parks Advisory Board.
Fiscal Impact
The flexibility and innovation offered by Rockville's approach to green buildings will eliminate the need for applicants to go through LEED as their only means to achieve Rockville's green standard. This will save commercial builders approximately $40,000-$60,000 and a 12-18 month wait for LEED building certification (the currently-reported LEED backlog). This is the real incentive of Rockville's approach.
As such, reviewing plans for compliance will become the responsibility of the CPDS/Inspection Services Division staff. A training program has been scheduled in order to provide detailed training to plans examiners, inspectors, planning and environmental management staff so they become familiar with the new requirements, new construction techniques and materials, and the variety of options in the Rockville approach. Additional resources are needed to review plans and inspect for compliance with the new regulations which are very complex and add new items that the City has not reviewed or inspected in the past.
Toward this end, staff will contract for a supplemental plan reviewer beginning December 1, 2009, in advance of the effective date. By the next budget cycle, we will have empirical data to assess the need, if any, for additional staff for FY 2011. In addition, funding for technical assistance will be needed at least during the first year. This would put an experienced professional (LEED-certified architect or similar professional) on retainer so the staff could direct difficult buildings or questions to them. Funding for these items will come from various sources in the existing budget such as deferring filling vacant positions and/or budgeted contractual services funds.
Next Steps
Staff recommends that the public comment period be left open through close of business on Monday, July 20, 2009. Staff can then review and organize all comments received into a matrix, and provide a response. This matrix will be presented to the Mayor and Council for Discussion & Instructions, which Staff recommends be held on August 3, 2009.
Attachments
  
Department Head:
Susan Swift, Director of Community Planning and Development Services
Approved on: 07/05/2009
Assistant City Manager:
Jenny Kimball, Assistant City Manager
Approved on: 07/07/2009
City Manager:
Scott Ullery, City Manager
Approved on: 07/07/2009
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