City of Chicago Enacts New Air Conditioning Ordinance For Residential Buildings | Practical Law

City of Chicago Enacts New Air Conditioning Ordinance For Residential Buildings | Practical Law

The City of Chicago has enacted an ordinance requiring all new residential construction to provide cooling and dehumidification equipment for all indoor spaces intended for human occupancy. The ordinance also requires all existing senior living facilities to provide permanent cooling and dehumidification equipment in all indoor common gathering spaces and all existing high-rise residential buildings to provide an air conditioned "cooling room" for residents' use during extreme heat and humidity.

City of Chicago Enacts New Air Conditioning Ordinance For Residential Buildings

Practical Law Legal Update w-036-1479 (Approx. 4 pages)

City of Chicago Enacts New Air Conditioning Ordinance For Residential Buildings

by Practical Law Real Estate
Law stated as of 05 Jul 2022 • Illinois
The City of Chicago has enacted an ordinance requiring all new residential construction to provide cooling and dehumidification equipment for all indoor spaces intended for human occupancy. The ordinance also requires all existing senior living facilities to provide permanent cooling and dehumidification equipment in all indoor common gathering spaces and all existing high-rise residential buildings to provide an air conditioned "cooling room" for residents' use during extreme heat and humidity.
On June 22, 2022, the Chicago City Council approved a variety of changes to Chicago's Municipal Code dealing with heating and cooling requirements in residential buildings. In particular, the ordinance requires all new residential construction to provide cooling and dehumidification equipment for all indoor spaces intended for human occupancy. The ordinance also requires all existing senior living facilities to provide permanent cooling and dehumidification equipment in all indoor common gathering spaces and all existing high-rise residential buildings to provide an air conditioned "cooling room" for residents' use during extreme heat and humidity.

New Residential Construction

Chicago Municipal Code § 14B-12-1203 has been amended to require that all new residential construction in Chicago, including senior living facilities, must have cooling and dehumidification equipment to serve all indoor spaces intended for human occupancy. The equipment must be capable of maintaining an indoor temperature of no more than 75 degrees and no more than 50% relative humidity when the outdoor temperature is over 92 degrees.

Existing Buildings

Chicago Municipal Code 14X-8-803 has been amended to require:
  • Existing housing for older persons (as defined in 42 U.S.C. § 3607(b)(2)) to provide permanent cooling and dehumidification equipment in all indoor common gathering spaces.
  • Existing residential buildings that are taller than 80 feet or have over 100 dwelling or sleeping units to provide a designated "cooling room" accessible to all residents with permanent cooling and dehumidification equipment.
In both types of buildings, the equipment must:
  • Be capable of maintaining the following when the outdoor temperature is over 92 degrees:
    • a temperature of no more than 75 degrees; and
    • no more than 50% relative humidity .
  • Be either:
    • independent of the building's HVAC; or
    • capable of switching from heating to cooling within one hour.
The amended ordinance permits the use of portable air conditioning equipment until May 1, 2024.

Practical Implications

The new Chicago ordinance is the latest example of how property owners must consider the effect of climate change on their building operations and the health and safety of their tenants. The ordinance was enacted in response to the death of three residents in a senior living facility in Chicago during a heat wave this past May. The ordinance may have a significant impact on developers of residential real estate of all types, as well as owners of existing buildings the ordinance covers, including increased time and expense complying with the ordinance.