TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
SUBPART A: GENERAL
SUBPART B: STATE FUNDED FACILITIES
SUBPART C: PRIVATELY FUNDED COMMERCIAL FACILITIES
SUBPART D: RESIDENTIAL BUILDINGS |
AUTHORITY: Implementing and authorized by the Capital Development Board Act [20 ILCS 3105] and the Energy Efficient Building Act [20 ILCS 3125].
SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 11355, effective July 26, 2004, for a maximum of 150 days; emergency rules expired December 22, 2004; adopted at 29 Ill. Reg. 777, effective January 1, 2005; new Part adopted by emergency rulemaking at 29 Ill. Reg. 5736, effective April 8, 2005, for a maximum of 150 days; emergency expired September 4, 2005; emergency rulemaking repealed at 29 Ill. Reg. 6093, effective April 18, 2005, for a maximum of 150 days; emergency expired September 14, 2005; old Part repealed at 29 Ill. Reg. 16414 and new Part adopted at 29 Ill. Reg. 14790, effective April 8, 2006; amended at 31 Ill. Reg. 14422, effective October 9, 2007; emergency amendment at 33 Ill. Reg. 12407, effective August 18, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16702, effective November 23, 2009; emergency rulemaking at 34 Ill. Reg. 2582, effective January 29, 2010, for a maximum of 150 days; emergency expired June 27, 2010; amended at 34 Ill. Reg. 11398, effective July 26, 2010; amended at 37 Ill. Reg. 789, effective January 11, 2013; amended at 37 Ill. Reg. 12822, effective July 23, 2013; amended at 40 Ill. Reg. 2754, effective January 20, 2016; amended at 43 Ill. Reg. 8707, effective August 5, 2019; amended at 47 Ill. Reg. 17974, effective November 27, 2023.
SUBPART A: GENERAL
Section 600.100 Definitions
Definitions of terms in the International Energy Conservation Code, incorporated by reference in Subpart C of this Part, apply, as do the following definitions:
"Act" means the Capital Development Board Act [20 ILCS 3105].
"Authority Having Jurisdiction" or "AHJ" means the organization, office or individual responsible for approving equipment, materials, an installation or procedure.
"CDB" or "Board" means the Illinois Capital Development Board.
"Commercial Facility" means any building except a building that is a residential building as defined in the EEB Act. [20 ILCS 3125/10]
"Council" means the Illinois Energy Conservation Advisory Council appointed under Section 600.120 and whose purpose it is to recommend modifications to the Illinois Energy Conservation Code.
"EEB Act" means the Energy Efficient Building Act [20 ILCS 3125].
"IECC" means the International Energy Conservation Code.
"Illinois Energy Conservation Code" or "Code" means:
With respect to the State facilities covered by Subpart B:
This Part, all additional requirements incorporated within Subpart B (including the 2021 International Energy Conservation Code that encompasses ASHRAE 90.1, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB;
With respect to the privately funded commercial facilities covered by Subpart C:
This Part, all additional requirements incorporated within Subpart C (including the 2021 International Energy Conservation Code that encompasses ASHRAE 90.1, including all published errata but excluding published supplements, and any statutorily authorized adaptations to the incorporated standards adopted by CDB; and
With respect to the residential buildings covered by Subpart D:
This Part, all additional requirements incorporated within Subpart D (including the 2021 International Energy Conservation Code, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB.
"Municipality" means any city, village or incorporated town. [20 ILCS 3125/10]
"Residential Building" means a detached one-family or 2-family dwelling or any building that is 3 stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory, and a rooming house; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "residential building" means a building containing one or more dwelling units, not exceeding 4 stories above grade, where occupants are primarily permanent. [20 ILCS 3125/10]
"State Funded Building" means and includes buildings under the jurisdiction of each officer, department, board, commission, institution and body politic and corporate of the State, including the Illinois Building Authority, and any other person expending or encumbering State or federal funds by virtue of an appropriation or other authorization by the General Assembly or federal authorization or grant. This includes State funded housing, hospitals, penitentiaries, laboratories, educational facilities, administrative facilities, recreational facilities, environmental equipment and parking facilities [20 ILCS 3105/4.01].
(Source: Amended at 47 Ill. Reg. 17974, effective November 27, 2023)
Section 600.110 Adoption and Modification of the Code
a) The purpose of the Illinois Energy Conservation Code is to implement Section 15 of the Energy Efficient Building Act [20 ILCS 3125] that requires CDB to officially adopt, as a minimum requirement for State and commercial structures and as a minimum and maximum requirement for residential buildings, the 2021 International Energy Conservation Code, including all published errata but excluding any published supplements, to apply that Code to all commercial and residential structures in Illinois, and to assist local code officials with enforcing the requirements of the Code. The 2021 Illinois Energy Conservation Code will become effective on adoption of this rulemaking.
b) This Code as described in Subpart B (State facilities) is effective July 26, 2004. This Code as described in Subpart C (privately-funded commercial facilities) is effective April 8, 2007. The Code as described in Subpart D (residential buildings) is effective January 29, 2010.
c) Application of the Code
1) State Facilities. The Code as described in Subpart B of this Part applies to all State facilities for which money has been appropriated or authorized by the General Assembly.
2) Privately Funded Commercial Facilities and Residential Buildings. The Code as described in Subparts C and D of this Part applies to any new building or structure in this State for which a building permit application is received by a municipality or county. [20 ILCS 3125/20]
A) Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of the Code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with the Code. [20 ILCS 3125/20(c)]
B) All exceptions listed in the Code related to additions, alterations, renovations or repairs to an existing building are acceptable provided the energy use of the building is not increased.
d) This Code, together with the standards incorporated by reference in this Part, has the force of a building code and is administrative law applicable in the State of Illinois.
(Source: Amended at 47 Ill. Reg. 17974, effective November 27, 2023)