SB2368 103RD GENERAL ASSEMBLY

LRB103 25789 SPS 52138 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2368

Introduced 2/10/2023, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3105/10.09-1
815 ILCS 670/Act rep.

Creates the State Building and Residential Codes Act. Provides that the Capital Development Board, in consultation with the Department of Natural Resources, shall adopt a Building Code that establishes minimum requirements for the construction of commercial buildings, that shall apply to the construction of, renovations to, and additions to all commercial buildings in the State. Provides that the Board, in consultation with the Environmental Protection Agency, shall also adopt a Residential Code as the minimum and maximum requirements for the construction of residential buildings, that shall apply to the construction of, renovations to, and additions to all residential buildings in the State. Contains provisions concerning applicability; technical assistance; enforcement; rules; input from interested parties; and a prohibition on grants. Preempts home rule powers. Amends the Capital Development Board Act to make conforming changes. Repeals the Illinois Residential Building Codes Act. Effective immediately.

A BILL FOR

AN ACT concerning business.

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 State Building and Residential Codes Act.

Section 5. Findings.

(a) The General Assembly finds that an effective building code and residential code is essential to:

(1) protect Illinoisans from a wide range of hazards, including flooding, fire, and storm damage;

(2) reduce economic losses associated with natural disasters, that are expected to worsen due to climate change;

(3) ensure new construction is based on the latest science and technology to promote public safety and health;

(4) improve efficiencies in permitting and enforcement by setting a uniform standard for all communities; and

(5) help Illinois communities secure reduced insurance premiums, lower bond ratings, and federal disaster mitigation funding.

Section 10. Definitions.

"Agency" means the Environmental Protection Agency.

"Board" means the Capital Development Board.

"Building" includes residential buildings and commercial buildings.

"Building Code" means the latest published edition of the International Building Code (IBC) developed by the International Code Council as adopted by the Board, including any published supplements adopted by the Board and any amendments and adaptations to the Code that are made by the Board.

"Commercial building" means any building that is not a residential building.

"Department" means the Department of Natural Resources.

"Municipality" means any city, village, or incorporated town.

"Residential building" means (i) a detached one-family or 2-family dwelling; (ii) 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; or (iii) a building containing one or more dwelling units, not exceeding 4 stories above grade, where occupants are primarily permanent.

"Residential Code" means the latest published edition of the International Residential Code (IRC) developed by the International Code Council as adopted by the Board, including any published supplements adopted by the Board and any amendments and adaptations to the Code that are made by the Board.

Section 15. Adoption of the Building Code and the Residential Code.

(a) The Board, in consultation with the Department, shall adopt a Building Code that establishes minimum requirements for the construction of commercial buildings, that shall apply to the construction of, renovations to, and additions to all commercial buildings in the State, except as provided for in Section 45.

(b) The Board, in consultation with the Agency, shall also adopt a Residential Code as the minimum and maximum requirements for the construction of residential buildings, that shall apply to the construction of, renovations to, and additions to all residential buildings in the State, except as provided for in Section 45.

(c) The Board may appropriately adapt the Building Code and the Residential Code to apply to the particular economy, population distribution, geography, and climate of the State and construction therein, consistent with the public policy objectives of this Act.

Section 20. Applicability.

(a) The Board shall review and adopt the Building Code and the Residential Code within one year after their publication. The Building Code and the Residential Code shall take effect within 6 months after they are adopted by the Board, except that, beginning January 1, 2024, the Building Code and the Residential Code adopted in 2024 shall take effect on January 1, 2025. Except as otherwise provided in this Act, the Building Code and the Residential Code shall apply to (i) any new building or structure in this State for which a building permit application is received by a municipality or county and (ii) beginning on the effective date of this Act, each State facility specified in Section 4.01 of the Capital Development Board Act. In the case of any addition, alteration, renovation, or repair to an existing residential or commercial structure, the Building Code and the Residential Code adopted under this Act applies only to the portions of that structure that are being added, altered, renovated, or repaired.

(b) The following buildings shall be exempt from the Building Code and the Residential Code:

(1) Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space.

(2) Historic buildings. This exemption shall apply to those buildings that are listed on the National Register of Historic Places or the Illinois Register of Historic Places, and to those buildings that have been designated as historically significant by a local governing body that is authorized to make such designations.

(3) Other buildings specified as exempt by the International Building Code or the International Residential Code.

(c) Additions, alterations, renovations, or repairs to an existing building, building system, or portion thereof shall conform to the provisions of the Building Code and the Residential Code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with the Building Code and the Residential Code.

(d) A unit of local government that does not regulate building standards is not required to adopt, enforce, or administer the Building Code and the Residential Code, but any building standards adopted by a unit of local government must comply with this Act. If a unit of local government does not regulate building standards, any construction, renovation, or addition to buildings or structures is subject to the provisions contained in this Act.

Section 25. Technical assistance.

(a) The Department shall make available to builders, designers, engineers, and architects implementation materials and training to explain the requirements of the Building Code and the Residential Code and describe methods of compliance acceptable to code enforcement officials. The materials shall include software tools, simplified prescriptive options, and other materials as appropriate. The simplified materials shall be designed for projects in which a design professional may not be involved.

(b) The Department shall provide local jurisdictions with technical assistance concerning implementation and enforcement of the Building Code and the Residential Code.

Section 30. Enforcement. The Board, in consultation with the Department, shall determine procedures for compliance with the Building Code and the Residential Code. These procedures may include, but need not be limited to, certification by a national, State, or local accredited program or inspections from private certified inspectors using the Building Code and the Residential Code.

Section 35. Rules. The Board may adopt any rules that are necessary for the implementation of this Act.

Section 40. Input from interested parties. When developing Building Code and the Residential Code adaptations, rules, and procedures for compliance with the Building Code and the Residential Code, the Capital Development Board shall seek input from representatives from the building trades, design professionals, construction professionals, code administrators, and other interested entities affected. Any board or group that the Capital Development Board seeks input from must include the following:

(1) a representative from a group that represents environmental justice;

(2) a representative of a nonprofit or professional association advocating for the environment;

(3) a climate adaptation advocate with technical expertise in single-family residential buildings;

(4) a climate adaptation advocate with technical expertise in commercial buildings; and

(5) a climate adaptation advocate with technical expertise in multifamily buildings, such as an affordable housing developer.

Section 45. Home rule.

(a) No unit of local government, including any home rule unit, may regulate building standards for residential buildings in a manner that is either less or more stringent than the standards established pursuant to this Act; however, the following entities may regulate building standards for residential or commercial buildings in a manner that is more stringent than the provisions contained in this Act:

(1) a unit of local government, including a home rule unit, that has, on or before the date of enactment, adopted or incorporated by reference building standards for residential or commercial buildings that are equivalent to or more stringent than the 2021 International Building Code or the 2021 International Residential Code;

(2) a unit of local government, including a home rule unit, that has, on or before the date of enactment, provided to the Capital Development Board, as required by Section 10.18 of the Capital Development Board Act, an identification of a building code or amendment that is equivalent to or more stringent than the 2021 International Building Code or the 2021 International Residential Code; and

(3) a municipality with a population of 1,000,000 or more.

(b) No unit of local government, including any home rule unit or unit of local government that is subject to adopts the Building Code and the Residential Code, may hereafter enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes building standards for residential or commercial buildings that are either less or more stringent than the standards in effect, at the time of construction, throughout the unit of local government.

(c) This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 50. Prohibition on grants. No member of a board or group created under Section 40 may receive State grants for teaching or administering continuing education concerning any recommendation or rule proposed by the board or group.

Section 90. The Capital Development Board Act is amended by changing Section 10.09-1 as follows:

(20 ILCS 3105/10.09-1)

Sec. 10.09-1. Certification of inspection.

(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 current edition or most recent preceding editions of the following codes developed by the International Code Council:

(i) International Building Code;

(ii) International Existing Building Code; and

(B) The current edition or most recent preceding 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 of 1989.

"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 State Building and Residential Codes Act 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.

(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)

(815 ILCS 670/Act rep.)

Section 95. The Illinois Residential Building Codes Act is repealed.

Section 99. Effective date. This Act takes effect upon becoming law.