Public Act 093-0778
 		





SB2820 Enrolled
LRB093 19631 LRD 45372 b






    AN ACT in relation to housing. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 1. Short title. This Act may be cited as the 
Illinois Residential Building
Code
Act.



 
    Section 5. Purpose.  The purpose of this Act is to provide 
minimum
requirements
for safety and to safeguard property and 
the public welfare by regulating and
controlling
the design, 
construction, installation, and quality of materials of new

residential
construction as
regulated by this Act.



 
    Section 10. Definitions.  In this Act:


    "International Residential Code" means the International 
Residential Code for
One and Two Family Dwellings published by 
the International Code Council, as
now
or hereafter amended by 
the Council.


    "New residential construction" means any original 
construction of a
single-family home or a dwelling containing 2 
or fewer apartments,
condominiums,
or town houses.


    "Residential building code" means an ordinance, 
resolution, law, housing or
building code, or zoning ordinance 
that establishes, for residential building
contractors, 
construction-related
activities
applicable to single-family or 
2-family residential structures.


    "Residential building contractor" means any individual, 
corporation, or
partnership that constructs a fixed building or 
structure for sale or use by
another as a residence or that, 
for a price, commission, fee, wage, or other
compensation, 
undertakes or offers to undertake the construction of any

building or structure to be used by another as a residence, if 
the individual,
corporation, or partnership reasonably expects 
to earn a financial profit from
that activity.



 
    Section 15. Adoption of building code. A contract to build 
a home  (1) in any municipality in this State that does not have 
a residential building code in effect or (2) in any portion of 
a county that is not located within a municipality and does not 
have a residential building code in effect must adopt as part 
of the construction contract  the applicability of a residential 
building code that is agreed to by the home builder and the 
home purchaser as provided in this Section.  The home builder 
and the home purchaser may agree to adopt any municipal  
residential building code or county residential building code 
that is in effect on the first day of construction in any 
county or municipality that is within 100 miles of the location 
of the new home. If the home builder and the home purchaser 
fail to agree to a residential building code or if no 
residential building code is stated in the contract, the 
plumbing code promulgated by the Illinois Department of Public 
Health under Section 35 of the Illinois Plumbing License Law, 
the National Electric Code as adopted by the American National 
Standards Institute, and the International Residential Code 
shall, by law, be adopted as part of the construction contract.

    Section 20.  Homes constructed for resale.  If a builder 
constructs a home for resale, the builder must certify to the 
buyer that the builder has constructed the home in compliance 
with a code authorized under Section 15 and must identify that 
code.





 
    Section 99. Effective date. This Act takes effect January 
1, 2005.