SB4063 104TH GENERAL ASSEMBLY

LRB104 20891 RTM 34565 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4063

Introduced 2/19/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Municipal Code. Provides that a municipality shall complete its initial plan review within (1) 15 business days after receipt of a complete application for a one-family residential project or 2-family residential project or (2) 30 business days after receipt of a complete application for any multifamily, mixed-use, or commercial project. Provides that, if a municipality fails to complete its plan review within the deadlines established under the provisions, then the applicant may retain a qualified third-party plan reviewer. Provides that 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. Provides that, if a municipality fails to conduct a required inspection within 2 business days, then the applicant may retain a qualified third-party inspector. Provides that a municipality may require reasonable documentation demonstrating that a qualified third-party plan reviewer or qualified third-party inspector meets the qualification requirements, including proof that the qualified third-party plan reviewer's or qualified third-party inspector's licensure or certification is current and active. Provides that 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. Provides that 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. Limits home rule powers.

A BILL FOR

AN ACT concerning local government.

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

Section 5. 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; and

(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 holiday.

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

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

(1) is a licensed architect or engineer 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.

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

(1) is a licensed architect or engineer; 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.

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

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

(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:

(1) 15 business days after receipt of a complete application for a one-family residential project or 2-family residential project; or

(2) 30 business days after receipt of a complete application for any multifamily, mixed-use, or commercial project.

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

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

(d) 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 2 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.

(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.

(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 qualified review has been submitted, 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 2 business days, then the applicant may retain a qualified third-party inspector.

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

(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 for 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) 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 5/11-31.2-40 new)

Sec. 11-31.2-40. Fees; fee parity.

(a) 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 may not exceed the municipality's standard fees for the same service.

(c) A municipality shall reduce its fees proportionally when an applicant uses third-party review for only one portion of the process.

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

Sec. 11-31.2-45. 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 5/11-31.2-50 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.