Public Act 096-0704
 		





SB0138 Enrolled
LRB096 02894 JAM 12908 b






    AN ACT concerning State government.

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




 
    Section 5. The Capital Development Board Act is amended  by 
adding Section 10.09-1 as follows:
 
    (20 ILCS 3105/10.09-1  new)
    Sec. 10.09-1. Adoption of building code; enforcement.
    (a) After July 1, 2011, no person may occupy a newly 
constructed commercial building in a non-building code 
jurisdiction until:
        (1) The property owner or his or her agent has first 
    contracted for the inspection of the building by an 
    inspector who meets the qualifications established by the 
    Board; and
        (2) The qualified inspector files a certification of 
    inspection with the municipality or county having such 
    jurisdiction over the property indicating that the 
    building meets compliance with the building codes adopted 
    by the Board for non-building code jurisdictions based on 
    the following:
            (A) The 2006 or later editions of the following 
        codes developed by the International Code Council:
                (i) International Building Code;
                (ii) International Existing Building Code; and
                (iii) International Property Maintenance Code.
            (B) The 2008 or later edition of the National 
        Electrical Code NFPA 70.
    (b) This Section  does not apply to any area in a 
municipality or county having jurisdiction that has registered 
its adopted building code with the Board as required by Section 
55 of the Illinois Building Commission Act.
    (c) The qualification requirements of this Section do not 
apply to building enforcement personnel employed by 
jurisdictions as defined in subsection (b).
    (d) For purposes of this Section:
    "Commercial building" means any building other than a 
single-family home or a dwelling containing 2 or fewer 
apartments, condominiums, or townhomes or a farm building as 
exempted from Section 3 of the Illinois Architecture Practice 
Act.
    "Newly constructed commercial building" means any 
commercial building for which original construction has 
commenced on or after July 1, 2011.
    "Non-building code jurisdiction" means any area of the 
State not subject to a building code imposed by either a county 
or municipality.
    "Qualified inspector" means an individual qualified by the 
State of Illinois, certified by a nationally recognized 
building official certification organization, qualified by an 
apprentice program certified by the Bureau of Apprentice 
Training, or who has filed verification of inspection 
experience according to rules adopted by the Board for the 
purposes of conducting inspections in non-building code 
jurisdictions.
    (e) New residential construction is exempt from this 
Section and is defined as any original construction of a 
single-family home or a dwelling containing 2 or fewer 
apartments,















condominiums, or townhomes in accordance with the 
Illinois Residential Building Code Act.
    (f) Local governments may establish agreements with other 
governmental entities within the State to issue permits and 
enforce building codes and may hire third-party providers that 
are qualified in accordance with this Section to provide 
inspection services.
    (g) This Section does not regulate any other statutorily 
authorized code or regulation administered by State agencies. 
These include without limitation the Illinois Plumbing Code, 
the Illinois Environmental Barriers Act, the International 
Energy Conservation Code, and administrative rules adopted by 
the Office of the State Fire Marshal.
    (h) This Section applies beginning July 1, 2011.
 
    Section 10. The Illinois Building Commission Act is amended  
by changing Section 55 as follows:
 



    (20 ILCS 3918/55)



    Sec. 55. Identification of local building codes. Beginning 
on the
effective
date of this
amendatory Act of the 92nd 
General Assembly, a municipality with a population
of less than 
1,000,000 or a county
adopting a new
building code or  amending 
an existing building code must, at least 30 days
before

adopting the code or
amendment, provide an identification of 
the code, by title and edition, or the
amendment to the

Commission.  The
Commission
must identify the proposed code, by 
the title and edition, or the amendment to
the public on the 
Internet
through the State of
Illinois World
Wide Web site.

    A municipality with a population of less than 1,000,000 or 
county shall provide notice of the title and editions of any 
adopted building codes to the Capital Development Board, 
Division of Building Codes







and Regulations, prior to July 1, 
2011. The notice shall be electronic whenever possible and also 
contain the division of government, the name of contact, and 
the date of the adoption of the codes. 
    The Commission may adopt any rules necessary to implement 
this Section.

    For the purposes of this Section, "building code" means any 
municipal or county ordinance or resolution regulating the 
construction and maintenance of all structures within the 
municipality or county ordinance,
resolution, law,
housing or 
building code, or zoning ordinance that establishes 
construction
related activities
applicable to structures
in a 
municipality or county, as the case may be.

(Source: P.A. 92-489, eff. 7-1-02.)