SB0643sam002 104TH GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 5/29/2026

10400SB0643sam002 LRB104 06921 TRT 38603 a

AMENDMENT TO SENATE BILL 643

AMENDMENT NO. ______. Amend Senate Bill 643 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Division 48 as follows:

(55 ILCS 5/Art. 5 Div. 48 heading new)

DIVISION 48. BUILDING INSPECTIONS

(55 ILCS 5/5-48001 new)

Sec. 5-48001. Findings and purpose.

(a) The General Assembly finds and declares that:

(1) Uncertain and lengthy building permit review and inspection timelines add costs, delay community investment, and make it harder to deliver housing across the State.

(2) Ensuring predictable, efficient, and transparent review processes is a matter of statewide concern affecting housing supply, public safety, and economic competitiveness.

(3) Several states, including Florida, Arizona, Tennessee, Texas, and New Hampshire, have adopted third-party plan review and inspection systems that accelerate development timelines while maintaining safety and code compliance.

(4) By setting statewide expectations and offering qualified third-party review options when local deadlines are exceeded, Illinois can reduce avoidable delays and help advance needed housing and commercial development in communities large and small.

(b) It is the purpose of this Division to create a statewide third-party plan review and inspection framework, to establish uniform county deadlines, and to ensure that all applicants may obtain timely approvals necessary to advance construction while maintaining public safety and building-code standards.

(55 ILCS 5/5-48002 new)

Sec. 5-48002. Definitions. As used in this Act:

"Business day" means any day other than a Saturday, Sunday, or State-recognized or county-recognized holiday.

"Complete application" means a building permit application that includes all forms, fees, documents, site plans, and other materials required by local ordinance.

"Qualified third-party inspector" means a person who:

(1) is an architect or engineer licensed under the laws of this State; and

(2) holds a current and active certification issued by the International Code Council, the National Fire Protection Association, or the International Association of Plumbing and Mechanical Officials, or one of their successor organizations;

(3) demonstrates an understanding of local codes and amendments thereto; and

(4) is in compliance with a pre-registration requirement, if any, established by the county under subsection (f) of Section 5-48030.

"Qualified third-party plan reviewer" means a person who:

(1) is an architect or engineer licensed under the laws of this State;

(2) holds a current and active certification issued by the International Code Council, the National Fire Protection Association, the Independent Alliance of the Electrical Industry, or the International Association of Plumbing and Mechanical Officials, or one of their successor organizations;

(3) demonstrates an understanding of local codes and amendments of local codes; and

(4) is in compliance with a pre-registration requirement, if any, established by the county under subsection (f) of Section 5-48030.

"Single-trade permit" means any construction project on the property of a one-family or 2-family residential building that requires a permit or approval pursuant to a building code that is limited to a single construction discipline, including erecting, installing, enlarging, altering, repairing, removing, converting, or replacing:

(1) a heating, ventilation, and air conditioning system;

(2) a heat pump system;

(3) a water heater or water-treatment appliance;

(4) a solar photovoltaic system, a solar thermal system, an energy storage system, or a combination system;

(5) an electric vehicle charging station and related equipment;

(6) roofing;

(7) exterior openings;

(8) stucco, plaster, or siding; or

(9) fencing.

(55 ILCS 5/5-48005 new)

Sec. 5-48005. Applicability. This Division applies to all counties, including home rule counties.

(55 ILCS 5/5-48010 new)

Sec. 5-48010. County plan review timelines.

(a) A county shall complete its initial plan review within 30 business days after receipt of a complete application for a one-family residential project, a 2-family residential project, or any multifamily, mixed-use, or commercial project.

(b) For single-trade permits, a county shall complete its permit review within 10 business days after receipt of a complete application for an installation or addition to, or repair, alteration, or remodeling of a one-family or 2-family residential project.

(c) A county shall issue written comments or approval within the applicable deadline.

(d) For any subsequent review cycle after the applicant submits revisions responding to comments, the county shall complete its review within 10 business days of receipt of revisions.

(e) Failure to meet any deadline under this Section triggers the applicant's right to use a qualified third-party plan reviewer under Section 5-48020.

(55 ILCS 5/5-48015 new)

Sec. 5-48015. Inspection timelines.

(a) A county shall conduct any required inspection within 10 business days after receipt of a request.

(b) Failure to conduct the inspection within the required period triggers the applicant's right to use a qualified third-party inspector under Section 5-48025.

(55 ILCS 5/5-48020 new)

Sec. 5-48020. Use of qualified third-party plan reviewers upon missed deadline.

(a) If a county fails to complete its plan review within the deadlines established under Section 5-48010, then the applicant may retain a qualified third-party plan reviewer. The applicant must notify the county, in writing, of the applicant's intent to use the services of a third-party plan reviewer.

(b) A county shall accept any plan review submitted by a qualified third-party plan reviewer as meeting the county's requirements if the review demonstrates compliance with the applicable building codes. However, if the county completes its plan review before receiving a compliant plan review from a qualified third-party reviewer, the county may rely on its own plan review.

(c) A county shall issue the permit within 2 business days after receiving a compliant third-party plan review.

(d) A county may not require a second review, impose additional comments, or delay issuance once a qualified review has been submitted. This includes requiring changes to approved permit drawings during construction. Once a permit has been approved, inspectors shall not request design changes or additional requirements beyond what is reflected in the approved plan, except as permitted under Section 5-48030.

(55 ILCS 5/5-48025 new)

Sec. 5-48025. Use of qualified third-party inspectors upon missed deadline.

(a) If a county fails to conduct a required inspection within 10 business days, then the applicant may retain a qualified third-party inspector. The applicant must notify the county, in writing, of the applicant's intent to use the services of a third-party inspector.

(b) A county shall accept inspection reports submitted under this Section as satisfying local inspection requirements if the report demonstrates compliance with applicable building codes.

(c) A county shall issue any required approval, certificate, or authorization within one business day after receiving a compliant inspection report.

(55 ILCS 5/5-48030 new)

Sec. 5-48030. County audit authority.

(a) A county retains full authority to audit any qualified third-party plan review or inspection for compliance with applicable codes. Nothing in this Division limits a county's authority to issue stop-work orders, withhold certificates of occupancy, or pursue enforcement actions if the county audit authority makes a written finding of material noncompliance with the Division, detailing each case of material noncompliance.

(b) An audit may not delay issuance of a permit or authorization submitted under Section 5-48020 or 5-48025.

(c) If a county identifies material noncompliance, then it may pursue enforcement actions available under its code authority and report the findings to the Department of Financial and Professional Regulation or the applicable credentialing organization.

(d) A county may require reasonable documentation demonstrating that a qualified third-party plan reviewer or qualified third-party inspector meets the qualification requirements of this Division, including proof that the qualified third-party plan reviewer's or qualified third-party inspector's licensure or certification is current and active.

(e) A county may require a qualified third-party reviewer or qualified third-party inspector providing services under this Section to secure and maintain professional liability insurance, errors and omissions insurance, or comparable insurance coverage appropriate to the scope of the services provided. A county may require proof of such coverage before accepting or relying on third-party review or third-party inspection services under this Section. Any insurance requirement shall be commercially reasonable, uniformly applied to similarly situated third-party reviewers or inspectors, and shall not be used to prohibit, materially impede, or unreasonably delay a third-party review or inspection authorized under this Section. The permit applicant shall verify the third-party plan reviewer's or third-party inspector's compliance with any applicable county insurance requirements.

(f) A county may require registration of qualified third-party plan reviewers and qualified third-party inspectors prior to accepting reviews and inspections under this Division, but registration requirements shall not be used to prohibit, materially preclude, or delay the administration of third-party plan review or inspection services.

(1) Registration requirements for third-party plan reviewers shall be relevant to the qualifications necessary to carry out plan reviews and may not be greater or more stringent than qualifications for plan reviewers employed by the county.

(2) Registration requirements for third-party inspectors shall be relevant to the qualifications necessary to carry out inspections and may not be greater or more stringent than qualifications for inspectors employed by the county.

(g) Nothing in this Division shall be construed to transfer liability for code compliance or construction defects from the owner, design professional, or contractor.

(55 ILCS 5/5-48035 new)

Sec. 5-48035. Fees; fee parity.

(a) In the absence of a county plan review or county inspection, a county may not charge plan review or inspection fees for any portion of the review process or inspection process performed by a qualified third-party plan reviewer or qualified third-party inspector.

(b) Fees charged by a qualified third-party plan reviewer or qualified third-party inspector may not exceed the county's standard fees for the same service. To effectuate this requirement, a county must post its schedule of fees for plan reviews and inspections online or provide a copy of its schedule of fees to an applicant in person or electronically within one business day of the applicant's request.

(c) A county shall reduce its fees proportionally when an applicant uses a qualified third-party plan reviewer or qualified third-party inspector for only one portion of the process.

(d) An applicant who retains a qualified third-party plan reviewer or a qualified third-party inspector is solely liable for costs incurred for the indicated services. A county is not liable for fees of a qualified third-party plan reviewer or qualified third-party inspector.

(55 ILCS 5/5-48040 new)

Sec. 5-48040. Conflicts of interest.

(a) A qualified third-party plan reviewer may not review plans if:

(1) the qualified third-party plan reviewer, an employee of the qualified third-party plan reviewer, or qualified third-party plan reviewer's employer was involved in making the plans; or

(2) the plans are for work to be performed on property owned by the qualified third-party plan reviewer, an employee of the qualified third-party plan reviewer, or qualified third-party plan reviewer's employer.

(b) A qualified third-party inspector may not inspect work if the qualified third-party inspector, an employee of the qualified third-party inspector, or qualified third-party inspector's employer:

(1) performed any of the work;

(2) planned any of the work; or

(3) is the owner of the property on which the work was performed.

(c) A qualified third-party plan reviewer or qualified third-party inspector shall disclose any potential conflict of interest to the applicant and the county before accepting an engagement.

(55 ILCS 5/5-48045 new)

Sec. 5-48045. County immunity. Nothing in this Division shall be construed to:

(1) find a county liable for contracts or agreements between an applicant and a third-party plan reviewer or third-party inspector for unfulfilled or delayed third-party plan reviews or inspections.

(2) grant an applicant the right to obtain relief against a local public entity or public employee if a third-party plan reviewer or inspector fails to conduct a required plan review or inspection.

(55 ILCS 5/5-48050 new)

Sec. 5-48050. Home rule preemption. A home rule unit may not regulate plan reviews or building inspections in a manner inconsistent with this Division. This Division 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.

(55 ILCS 5/5-48097 new)

Sec. 5-48097. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes.

Section 10. The Illinois Municipal Code is amended by adding Division 31.2 as follows:

(65 ILCS 5/Art. 11 Div. 31.2 heading new)

DIVISION 31.2. BUILDING INSPECTIONS

(65 ILCS 5/11-31.2-1 new)

Sec. 11-31.2-1. Findings and purpose.

(a) The General Assembly finds and declares that:

(1) Uncertain and lengthy building permit review and inspection timelines add costs, delay community investment, and make it harder to deliver housing across the State.

(2) Ensuring predictable, efficient, and transparent review processes is a matter of statewide concern affecting housing supply, public safety, and economic competitiveness.

(3) Several states, including Florida, Arizona, Tennessee, Texas, and New Hampshire, have adopted third-party plan review and inspection systems that accelerate development timelines while maintaining safety and code compliance.

(4) By setting statewide expectations and offering qualified third-party review options when local deadlines are exceeded, Illinois can reduce avoidable delays and help advance needed housing and commercial development in communities large and small.

(b) It is the purpose of this Division to create a statewide third-party plan review and inspection framework, to establish uniform municipal deadlines, and to ensure that all applicants may obtain timely approvals necessary to advance construction while maintaining public safety and building-code standards.

(65 ILCS 5/11-31.2-2 new)

Sec. 11-31.2-2. Definitions. As used in this Act:

"Business day" means any day other than a Saturday, Sunday, or State-recognized or municipally-recognized holiday.

"Complete application" means a building permit application that includes all forms, fees, documents, site plans, and other materials required by local ordinance.

"Qualified third-party inspector" means a person who:

(1) is an architect or engineer licensed under the laws of this State; and

(2) holds a current and active certification issued by the International Code Council, the National Fire Protection Association, or the International Association of Plumbing and Mechanical Officials, or one of their successor organizations;

(3) demonstrates an understanding of local codes and the local codes amendments; and

(4) is in compliance with a pre-registration requirement, if any, established by the municipality under subsection (f) of Section 11-31.2-30.

"Qualified third-party plan reviewer" means a person who:

(1) is an architect or engineer licensed under the laws of this State;

(2) holds a current and active certification issued by the International Code Council, the National Fire Protection Association, the Independent Alliance of the Electrical Industry, or the International Association of Plumbing and Mechanical Officials, or one of their successor organizations;

(3) demonstrates an understanding of local codes and the local codes amendments; and

(4) is in compliance with a pre-registration requirement, if any, established by the municipality under subsection (f) of Section 11-31.2-30.

"Single-trade permit" means any construction project on the property of a one-family or 2-family residential building that requires a permit or approval pursuant to a building code that is limited to a single construction discipline including erecting, installing, enlarging, altering, repairing, removing, converting, or replacing:

(1) a heating, ventilation, and air conditioning system;

(2) a heat pump system;

(3) a water heater or water-treatment appliance;

(4) a solar photovoltaic system, a solar thermal system, an energy storage system, or a combination system;

(5) an electric vehicle charging station and related equipment;

(6) roofing;

(7) exterior openings;

(8) stucco, plaster, or siding; or

(9) fencing.

(65 ILCS 5/11-31.2-5 new)

Sec. 11-31.2-5. Applicability. This Division applies to all municipalities, including home rule municipalities.

(65 ILCS 5/11-31.2-10 new)

Sec. 11-31.2-10. Municipal plan review timelines.

(a) A municipality shall complete its initial plan review within 30 business days after receipt of a complete application for a one-family residential project, a 2-family residential project, or any multifamily, mixed-use, or commercial project.

(b) For single-trade permits, a municipality shall complete its permit review within 10 business days after receipt of a complete application for an installation or addition to, or repair, alteration, or remodeling of a one-family or 2-family residential project.

(c) A municipality shall issue written comments or approval within the applicable deadline.

(d) For any subsequent review cycle after the applicant submits revisions responding to comments, the municipality shall complete review within 10 business days of receipt of revisions.

(e) Failure to meet any deadline under this Section triggers the applicant's right to use a qualified third-party plan reviewer under Section 11-31.2-20.

(65 ILCS 5/11-31.2-15 new)

Sec. 11-31.2-15. Inspection timelines.

(a) A municipality shall conduct any required inspection within 10 business days after receipt of a request.

(b) Failure to conduct the inspection within the required period triggers the applicant's right to use a qualified third-party inspector under Section 11-31.2-25.

(65 ILCS 5/11-31.2-20 new)

Sec. 11-31.2-20. Use of qualified third-party plan reviewers upon missed deadline.

(a) If a municipality fails to complete its plan review within the deadlines established under Section 11-31.2-10, then the applicant may retain a qualified third-party plan reviewer. The applicant must notify the municipality, in writing, of the applicant's intent to use the services of a third-party plan reviewer.

(b) A municipality shall accept any plan review submitted by a qualified third-party plan reviewer as meeting the municipality's requirements if the review demonstrates compliance with the applicable building codes. However, if the municipality completes its plan review before receiving a compliant plan review from a qualified third-party reviewer, the municipality may rely on its own plan review.

(c) A municipality shall issue the permit within 2 business days after receiving a compliant third-party plan review.

(d) A municipality may not require a second review, impose additional comments, or delay issuance once a compliant review has been submitted. This includes requiring changes to approved permit drawings during construction. Once a permit has been approved, inspectors shall not request design changes or additional requirements beyond what is reflected in the approved plan, except as permitted under Section 11-31.2-30.

(65 ILCS 5/11-31.2-25 new)

Sec. 11-31.2-25. Use of qualified third-party inspectors upon missed deadline.

(a) If a municipality fails to conduct a required inspection within 10 business days, then the applicant may retain a qualified third-party inspector. The applicant must notify the municipality, in writing, of the applicant's intent to use the services of a third-party inspector.

(b) Municipalities shall accept inspection reports submitted under this Section as satisfying local inspection requirements if the report demonstrates compliance with applicable building codes.

(c) A municipality shall issue any required approval, certificate, or authorization within one business day after receiving a compliant inspection report.

(65 ILCS 5/11-31.2-30 new)

Sec. 11-31.2-30. Municipal audit authority.

(a) A municipality retains full authority to audit any third-party plan review or inspection for compliance with applicable codes. Nothing in this Division limits a municipality's authority to issue stop-work orders, withhold certificates of occupancy, or pursue enforcement actions if the municipal authority makes a written finding of material noncompliance with the Division, detailing each case of material noncompliance.

(b) An audit may not delay issuance of a permit or authorization submitted under Section 11-31.2-20 or 11-31.2-25.

(c) If a municipality identifies material noncompliance, then it may pursue enforcement actions available under its code authority and report the findings to the Department of Financial and Professional Regulation or applicable credentialing organization.

(d) A municipality may require reasonable documentation demonstrating that a qualified third-party plan reviewer or qualified third-party inspector meets the qualification requirements of this Division, including proof that the qualified third-party plan reviewer's or qualified third-party inspector's licensure or certification is current and active.

(e) A municipality may require a qualified third-party reviewer or qualified third-party inspector providing services under this Section to secure and maintain professional liability insurance, errors and omissions insurance, or comparable insurance coverage appropriate to the scope of the services provided. A municipality may require proof of such coverage before accepting or relying on third-party review or third-party inspection services under this Section. Any insurance requirement shall be commercially reasonable, uniformly applied to similarly situated third-party reviewers or third-party inspectors, and shall not be used to prohibit, materially impede, or unreasonably delay a third-party review or third-party inspection authorized under this Section. The permit applicant shall verify the third-party plan reviewer's or third-party inspector's compliance with any applicable municipal insurance requirements.

(f) A municipality may require registration of qualified third-party plan reviewers and qualified third-party inspectors prior to accepting reviews and inspections under this Division, but registration requirements shall not be used to prohibit, materially preclude, or delay the administration of third-party plan review or third-party inspection services.

(1) Registration requirements for third-party plan reviewers shall be relevant to the qualifications necessary to carry out plan reviews and may not be greater or more stringent than qualifications for plan reviewers employed by the municipality.

(2) Registration requirements for third-party inspectors shall be relevant to the qualifications necessary to carry out inspections and may not be greater or more stringent than qualifications for inspectors employed by the municipality.

(g) Nothing in this Division shall be construed to transfer liability for code compliance or construction defects from the owner, design professional, or contractor.

(65 ILCS 5/11-31.2-35 new)

Sec. 11-31.2-35. Fees; fee parity.

(a) In the absence of a municipal plan review or municipal inspection, a municipality may not charge plan review or inspection fees for any portion of the review process or inspection process performed by a qualified third-party plan reviewer or qualified third-party inspector.

(b) Fees charged by a qualified third-party plan reviewer or third-party inspector may not exceed the municipality's standard fees for the same service. To effectuate this requirement, a municipality must post its schedule of fees for plan reviews and inspections online or provide a copy of its schedule of fees to an applicant in person or electronically within one business day of the applicant's request.

(c) A municipality shall reduce its fees proportionally when an applicant uses a qualified third-party plan reviewer or a qualified third-party inspector for only one portion of the process.

(d) An applicant who retains a qualified third-party plan reviewer or a qualified third-party inspector is solely liable for costs incurred for the indicated services. A municipality is not liable for fees of a qualified third-party plan reviewer or qualified third-party inspector.

(65 ILCS 5/11-31.2-40 new)

Sec. 11-31.2-40. Conflicts of interest.

(a) A qualified third-party plan reviewer may not review plans if:

(1) the qualified third-party plan reviewer, an employee of the qualified third-party plan reviewer, or qualified third-party plan reviewer's employer was involved in making the plans; or

(2) the plans are for work to be performed on property owned by the qualified third-party plan reviewer, an employee of the qualified third-party plan reviewer, or qualified third-party plan reviewer's employer.

(b) A qualified third-party inspector may not inspect work if the qualified third-party inspector, an employee of the qualified third-party inspector, or qualified third-party inspector's employer:

(1) performed any of the work;

(2) planned any of the work; or

(3) is the owner of the property on which the work was performed.

(c) A qualified third-party plan reviewer or qualified third-party inspector shall disclose any potential conflict of interest to the applicant and the municipality before accepting an engagement.

(65 ILCS 5/11-31.2-45 new)

Sec. 11-31.2-45. Municipal immunity. Nothing in this Division shall be construed to:

(1) find a municipality liable for contracts or agreements between an applicant and a third-party plan reviewer or third-party inspector for unfulfilled or delayed third-party plan reviews or inspections; or

(2) grant an applicant the right to obtain relief against a local public entity or public employee if a third-party plan reviewer or inspector fails to conduct a required plan review or inspection.

(65 ILCS 5/11-31.2-50 new)

Sec. 11-31.2-50. Home rule preemption. A home rule unit may not regulate plan reviews or building inspections in a manner inconsistent with this Division. This Division 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.

(65 ILCS 5/11-31.2-97 new)

Sec. 11-31.2-97. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes.".