OCEAN CITY — Resort officials this week approved a building code amendment that will provide a bigger hammer for the city in enforcing the pollution associated with Styrofoam insulation installation on most development projects.
For the last several months, City Hall has been attempting the address the pollution associated with the installation of Exterior Insulated Finish Systems (EIFS), most commonly known by the trade name Dry-Vit, on many new construction projects in the resort. The EIFS are desirable because they can easily be adapted to fit unique architectural features on new buildings and are generally the most cost-effective insulations systems, but what is not desirable is the frequent “snowstorms” of plastic pellets that carry through the air and settle on adjacent properties, on the beaches and dunes and in the waterways.
For months, Ocean City officials have been exploring ways to regulate the industry in an effort to contain the EIFS pollution beyond the existing littering ordinance. On Tuesday, the Mayor and Council approved a recommended amendment to the town’s building code that will require contractors to use best management practices to contain the Styrofoam pellets or run the risk of having a project shut down until it comes into compliance.
Before the Mayor and Council could consider the proposed ordinance change, Assateague Coastal Trust Executive Director and Coastkeeper Kathy Phillips addressed the issue during the public comment period.
“Snow in the wintertime in Ocean City is a great thing,” she said. “Snow in the summertime is not such a good thing. As far back as 2005, the city contacted the state asking for guidance in controlling the plastic snow that comes from the use of EIFS on building exteriors and found the state did not have regulations to prevent this pollution and only recommended voluntary use of best management practices.”
Phillips cited a recent example as the need for stronger regulations on the use of EIFS and the need to contain the Styrofoam on the job sites.
“The contractor was contacted by the condo association because of the mess that was getting into people’s condos and all over boats and their solution was to come down with a hose and simply hose it out through the canal and out into the bay,” she said. “Once it gets airborne, it settles on condo balconies and lawns and yards and it gets into homes and businesses. Polystyrene never decomposes. It travels with the current and deposits in the marshes and on the beach and dunes. It never goes away.”
City Engineer Terry McGean, who crafted the building code amendment along with City Environmental Engineer Gail Blazer, said EIFS, or Dry-Vit as it is commonly known, is popular with contractors for a variety of reasons.
“It’s a finish system that is used on just about every hotel and condo project in Ocean City,” he said. “It’s very flexible from a design standpoint and it’s one of the most cost-effective ways to insulate a building.”
McGean explained how the snowstorms of plastic pellets are created during the EIFS installation process.
“The problem we’ve had for a number of years, particularly when they are trying to create those interesting architectural features, is they file or shave it and that usually creates a snowstorm of little Styrofoam pellets,” he said. “There are things the contractors can do to make sure those pellets are contained on the property. Typically, they do that when we show up with a complaint. There are fines for littering, but they’ve just been part of the cost of doing business for some contractors.”
The building code amendment ultimately approved by the Mayor and Council on Tuesday requires best management practices be utilized during the installation of EIFS. For example, the code change would require contractors to install a containment system from six feet above where the EIFS is being installed down to the ground. It would also require tools be fitted with vacuum systems and would also require vacuuming the ground on construction sites to ensure the pellets do not leave the property. McGean said the contractors have shown a willingness to work with the city on the issue and participated in the drafting of the regulations.
“We have run these proposed standards by the largest Dry-vit installer in Ocean City,” he said. “They are comfortable with these new standards.”
Perhaps the biggest hammer for the city with the adoption of the building code amendment is the ability to halt a project when complaints are filed or violations are detected. The existing littering ordinance remains in place, but the ability to shut down a project put more teeth in the ordinance.
“What this essentially does is make this a building code violation,” said McGean. “The biggest positive for us is it allows us to stop the work. There was a lot of discussion about making this a littering ordinance or part of the building code and this is the way to go. It allows us to issue a stop work order, which really is the biggest stick we have.”
