Title
An Ordinance Amending Title 5, Chapter 1, Building Code (Safeguards During Construction) of the Village of Orland Park Code of Ordinances
History
Project: Text Amendment - Safeguards During Construction
Case Number: 2026-0797
Requested Action: Text Amendment to Section 5-1-13: Amendments to International Building Code (IBC) 2018 (Model Code) and Section 5-1-14: International Residential Code to add safety and security requirements to construction sites.
AMENDMENT SUMMARY
The Village of Orland Park adopted the 2018 International Building Code (IBC) and 2018 International Residential Code (IRC), as amended, by reference in TITLE 5 BUILDING of the Village Code. While these model codes establish comprehensive standards for construction and occupancy safety, they do not explicitly require construction fencing for new construction or building additions.
Unprotected construction sites present hazards including excavation work, exposed infrastructure, construction debris, and equipment. Fencing regulations are proposed to establish mandatory protections for public safety regardless of whether the site is accessed by invited guests or trespassers.
The proposed amendments supplement IBC Chapter 33 (Safeguards During Construction) with localized requirements tailored to Village standards.
The Village's adoption of the 2018 IBC by reference provides comprehensive safeguards during construction. Chapter 3301 (Safeguards During Construction) establishes detailed requirements for:
• Debris and Waste Management (Section 3301.3.3) - Contractors must furnish non-combustible leak-proof containers, maintain broom-swept public rights-of-way, and control air-borne dust within 500 feet of the site
• Security (Section 3301.3.4) - Construction sites must be maintained secure from entry by unauthorized persons; construction gates must be locked when workers are not on site
• Signage (Section 3301.3.5) - Contractor signs displaying project information and emergency contact details must be visibly posted
• Site Conduct (Section 3301.3.6-3301.3.7) - Construction sites shall only be used for approved activities; contractors are responsible for preventing damage or hazards to adjacent properties
While Chapter 3301 mandates security (locked gates) and requires contractor attention to site control, it does not explicitly require the physical installation of construction fencing itself. The model code assumes that gates and security measures will exist, but provides no baseline standard for the fence-its height, material composition, or maintenance-that makes these security requirements enforceable.
Safety Concerns and Rationale
Unprotected construction sites pose several significant hazards to the public:
• Foundation and Underground Work - Excavation for building foundations and underground utilities creates deep open areas with high injury risk from falls or cave-in
• Exposed Infrastructure - Open electrical, plumbing, and mechanical systems pose electrocution and contact hazards
• Construction Debris and Equipment - Improperly stored materials and machinery create falling object and entanglement risks
• Site Access - Unauthorized access by intruders, youth, or trespassers dramatically increases liability exposure
The Village has a duty of care to protect public safety on properties within its jurisdiction. The IBC's existing mandate that construction sites be "maintained secure from entry by unauthorized persons" (Section 3301.3.4) and that contractors prevent "damage or hazards to adjacent public or private properties" (Section 3301.3.7) cannot be enforced without a visible, physical perimeter barrier. Requiring construction fencing establishes the mechanism through which these existing code requirements become enforceable.
Fencing serves as the primary tool that enables site security, prevents unauthorized entry, contains hazardous materials and debris, and establishes clear boundaries of active construction zones. Without a mandated fencing standard, contractors retain discretion over whether protective barriers exist at all. A binding fencing requirement ensures uniform protection across all new construction and building addition projects, eliminating variation based on developer judgment or site characteristics.
This approach reflects established practice among the majority of peer municipalities in the Chicago region, 100% of which have adopted mandatory construction fencing requirements.
Peer Community Benchmarking
A review of construction fencing regulations in 21 peer communities within the Chicago metropolitan area reveals that mandatory construction fencing is standard municipal practice. 90% of the communities require construction fencing for new construction and demolition projects, with 10% requiring the construction fence only for demolition projects. 0% had no fence requirements.
Refer Exhibit A for detailed information on fencing requirements by peer communities.
Among communities with published requirements, the standard specifications are consistent: 6’ in height (with some variation for residential projects at 4’), constructed of chain-link material, and maintained for the duration of the project. This uniformity across peer municipalities demonstrates that the proposed amendment aligns with established regional best practices.
Notable peer communities with construction fencing requirements include Arlington Heights, Bolingbrook, Des Plaines, Downers Grove, Glenview, Hoffman Estates, Lombard, Oak Lawn, Oak Park, Palatine, Palos Heights, Palos Park, Romeoville, Schaumburg, and Tinley Park. Most of these communities reference or supplement the IBC Chapter 33 (Safeguards During Construction) with local fencing standards, a direct parallel to the proposed amendments.
The revised text amendment for definitions and construction fencing regulations are in addition to the model regulations (and existing amendments) found in Sections 5-1-13: Amendments to International Building Code (IBC) 2018 (Model Code) and 5-1-14: International Residential Code.
PROPOSED AMENDMENT TEXT
See Exhibit A - Text Amendment - Safeguards During Construction.
Financial Impact
There will be minimal financial impact to the construction team, as the construction fencing will protect the project site from unauthorized access and trespassing and the project team from unexpected expenses related to trespassing.
Recommended Action/Motion
I move to recommend the Village Board adopt the Ordinance as presented.
(Full motion - not necessary to be read)
I move to recommend to the Village Board the adoption of an Ordinance entitled: ORDINANCE AMENDING ORLAND PARK, IL VILLAGE CODE: TITLE 5 (BUILDING), CHAPTER 1 (BUILDING CODE), SECTION 5-1-13 (AMENDMENTS TO INTERNATIONAL BUILDING CODE (IBC) 2018 (MODEL CODE)) AND SECTION 5-1-14 (INTERNATIONAL RESIDENTIAL CODE).