CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Option A: Concur with the Building Review Board and City staff and deny a variance to Section 5-1E-2:2 (Amendments to the Illinois State Plumbing Code) of the Naperville Municipal Code) for the Hines Diehl Road Resubdivision PUD located at 1200 E Diehl Rd. (BRB Case #112) or
Option B: Concur with the Petitioner’s request and direct staff to prepare an ordinance approving a variance to Section 5-1E-2:2 (Amendments to the Illinois State Plumbing Code) of the Naperville Municipal Code) for the Hines Diehl Road Resubdivision PUD located at 1200 E Diehl Rd. (BRB Case #112) for review at a future City Council meeting
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Mark Dudash, MCP, Chief Building Official
BOARD/COMMISSION REVIEW:
The Building Review Board (BRB) considered the petitioner’s request on April 24, 2025 and tabled the discussion. BRB also considered the request on May 21, 2025, and voted to recommend denial of the petitioner’s request (denied 7-0). Staff concurs with the BRB’s recommendation.
BACKGROUND:
The subject property, known as the Hines Diehl Road Redevelopment, consists of approximately 9.5 acres located at 1200 E. Diehl Road. The Hines Diehl Road Redevelopment is a planned unit development (PUD) with multi-family residential and restaurant/retail uses. The subject property is owned by Adaltem Global Education, Inc. Hines Acquisitions, LLC., the Petitioner, has been authorized by the owner to act on their behalf.
The Petitioner is seeking approval of a variance to permit the use of CPVC and PEX for the domestic water supply piping. Per a Naperville amendment to the Illinois State Plumbing Code, CPVC and PEX are prohibited materials.
Background on Naperville Plumbing Code Amendment
Since 1996, the City of Naperville has adopted by ordinance an amendment to the Illinois Plumbing Code which requires the use of copper domestic water distribution piping. Ordinance 5-1E-2 is as follows:
5-1E-2: AMENDMENTS TO THE ILLINOIS STATE PLUMBING CODE: “Plastic pipe, joints and fittings made from polyethylene (PE), polyvinyl chloride (PVC), Chlorinated Polyvinyl Chloride (CPVC), or polybutylene (PB) made by either solvent-welded or fusion-welded connections, compression, or insert fittings, metal clamps and screws, or threaded joints shall be prohibited for water service or the domestic water distribution system of any building except for the distribution and conveyance of distilled or deionized water.”
Variance Request
The Petitioner has requested a variance from 5-1E-2 to allow the use of CPVC and/or PEX domestic water supply piping. The significant scope of the proposed work requires the building to be compliant with the current Municipal Code including plumbing materials required in Title 5. The Petitioner has requested a variance from this section of the code and has given the following justification:
“Hines now seeks a variance from Section 5-1E-2 of the City of Naperville’s Code of Ordinances (“Code”) to allow the use of CPVC and PEX for domestic water distribution in lieu of copper piping consistent with the design of other successful and high-end real estate projects that have been developed by Hines. PEX and CPVC piping are quality and durable alternatives that withstand freezing temperatures and are resistant to corrosion, ultimately leading to a longer lifespan than copper piping. In addition, PEX and CPVC piping offer several advantages including, but not limited to its flexibility during installation thereby reducing leak points, and its sustainability features by virtue of utilizing less energy and resource extraction (in comparison to copper) at the time of production. Petitioner’s request for the variance aligns with market trends and evolving technologies in the homebuilding industry.”
The Petitioner’s full overview and justification for use of the requested materials are provided in the attachments.
DISCUSSION:
City staff has considered the Petitioner’s request for a variance. Staff is not supportive of the variance for the following reasons:
• City staff and members of working groups have considered this issue numerous times over the last 25+ years. Each time, and as recently as 2019, the group has recommended the use of plastic piping for domestic water distribution be prohibited. In arriving at this recommendation, the working groups have focused primarily on public safety and reducing the likelihood of waterborne disease such as Legionnaires.
• The use of copper piping for the domestic water supply has been consistently required in all residential developments that have been constructed since the amendment was adopted. Staff does not find that the proposed development presents any unique circumstances that would differentiate it from all other residential developments that have been required to comply with this local amendment.
• Staff has concerns about approving an alternative building material that could have detrimental effects on public health. Specifically, the following pertaining to each material in question:
PEX:
• Lower Heat & UV Resistance - PEX cannot withstand high temperatures as well as copper and degrades with prolonged exposure to sunlight, making it unsuitable for outdoor applications.
• Potential Chemical Leaching - Some concerns exist about PEX releasing chemicals into the water, though it is generally considered safe when certified for potable water.
• Lower Pressure Tolerance - While PEX is durable, it has a lower pressure rating than copper.
• Rodent Damage Risk - PEX is more vulnerable to being chewed by rodents, whereas copper is not.
• Not as Rigid - PEX requires proper support to prevent sagging over long runs, whereas copper is naturally rigid and holds its shape well.
CPVC:
• Lower Durability - CPVC is more brittle and prone to cracking over time, especially in extreme temperatures.
• Lower Pressure & Heat Tolerance - While CPVC can handle hot water, it has a lower pressure and temperature tolerance than copper.
• Solvent Cement Joints - Requires proper gluing and curing time, which can be a disadvantage in time-sensitive projects.
• More Susceptible to Freezing Damage - CPVC is rigid and can crack when water inside freezes, whereas copper expands slightly before bursting.
• UV Sensitivity - Cannot be exposed to direct sunlight for extended periods, making it unsuitable for above-ground outdoor use.
• Environmental Concerns - CPVC is made from plastic and may not be as environmentally friendly as copper, which is recyclable.
Building Review Board Action
The BRB first met on the Petitioner’s request on April 24, 2025. Four members of the public provided testimony, raising concerns about setting precedent and impacting safety standards. The BRB inquired about several different items including an explanation of what parts of the water supply are proposed to be plastic vs. copper. The BRB tabled the discussion to the May 21, 2025 meeting.
At the May 21, 2025 BRB meeting, five members of the public provided testimony similar in nature to the concerns raised at the April 24, 2025 meeting. The requirements for a variance request were discussed and the BRB inquired about any hardships to the contractor if required to use copper water supply piping.
At the conclusion of the discussion, the BRB unanimously voted (7-0) to deny the requested variance for the following reasons:
• Lack of a significant hardship, beyond cost and time of installation of copper vs plastic piping.
• Potential of precedent setting for similar requests.
• None of the Petitioner’s other projects in the Chicagoland market that have used this product.
• Questions about the ability for plastic water piping to be recycled.
Staff concurs with the BRB decision.
FISCAL IMPACT:
N/A