BUILDING REVIEW BOARD AGENDA ITEM
ACTION REQUESTED:
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Consider the requested variance to Section 5-1E-2 Subsection 2 of the Naperville Municipal Code (Prohibition of CPVC and PEX for domestic water supply piping). BRB Case #112 (Continued from 4/24/2025)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Mark Dudash - Chief Building Official
BOARD/COMMISSION REVIEW:
The BRB will continue discussion from the April 24, 2025 meeting and consider this request at their May 21, 2025 meeting.
BACKGROUND:
On November 5, 2024, the City Council approved several items requested by Hines Acquisitions to permit the former DeVry University property at 1200 E. Diehl to be redeveloped as a mixed-use development, including a multi-family residential building and two commercial outlots.
Specific to the multi-family component, the City Council approved variances to increase the allowable density, reduce required parking, increase the maximum building height, and reduce required setbacks to permit the construction of a new 5-story, 306-unit multifamily housing building.
At this time, Hines Acquisitions is seeking approval of a variance to permit the use of CPVC and PEX for their 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
The City of Naperville has, since 1996, 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
Hines Acquisitions has requested a variance from 5-1E-2 be granted to allow the use of CPVC and/or PEX domestic water supply piping for this project. 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 applicant 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 is provided in the attachments.
DISCUSSION:
City staff has considered the applicant’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, 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.
RECOMMENDATION:
The petitioner will present their request at the May 21, 2025 BRB meeting. Following any public testimony and BRB discussion, the BRB should make a recommendation regarding the requested variance. BRB’s recommendation will be forwarded to the City Council for a final decision at a future meeting.