102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3803

 

Introduced 1/21/2022, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.12  from Ch. 122, par. 2-3.12

    Amends the School Code. Makes a technical change in a Section concerning a school building code.


LRB102 22937 CMG 32091 b

 

 

A BILL FOR

 

SB3803LRB102 22937 CMG 32091 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
52-3.12 as follows:
 
6    (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)
7    Sec. 2-3.12. School building code.
8    (a) To prepare for school boards with the the advice of the
9Department of Public Health, the Capital Development Board,
10and the State Fire Marshal a school building code that will
11conserve the health and safety and general welfare of the
12pupils and school personnel and others who use public school
13facilities.
14    (b) Within 2 years after September 23, 1983, and every 10
15years thereafter, or at such other times as the State Board of
16Education deems necessary or the regional superintendent so
17orders, each school board subject to the provisions of this
18Section shall again survey its school buildings and effectuate
19any recommendations in accordance with the procedures set
20forth herein.
21        (1) An architect or engineer licensed in the State of
22    Illinois is required to conduct the surveys under the
23    provisions of this Section and shall make a report of the

 

 

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1    findings of the survey titled "safety survey report" to
2    the school board.
3        (2) The school board shall approve the safety survey
4    report, including any recommendations to effectuate
5    compliance with the code, and submit it to the Regional
6    Superintendent.
7        (3) The Regional Superintendent shall render a
8    decision regarding approval or denial and submit the
9    safety survey report to the State Superintendent of
10    Education.
11        (4) The State Superintendent of Education shall
12    approve or deny the report including recommendations to
13    effectuate compliance with the code and, if approved,
14    issue a certificate of approval.
15        (5) Upon receipt of the certificate of approval, the
16    Regional Superintendent shall issue an order to effect any
17    approved recommendations included in the report. The
18    report shall meet all of the following requirements:
19            (A) Items in the report shall be prioritized.
20            (B) Urgent items shall be considered as those
21        items related to life safety problems that present an
22        immediate hazard to the safety of students.
23            (C) Required items shall be considered as those
24        items that are necessary for a safe environment but
25        present less of an immediate hazard to the safety of
26        students.

 

 

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1            (D) Urgent and required items shall reference a
2        specific rule in the code authorized by this Section
3        that is currently being violated or will be violated
4        within the next 12 months if the violation is not
5        remedied.
6        (6) The school board of each district so surveyed and
7    receiving a report of needed recommendations to be made to
8    maintain standards of safety and health of the pupils
9    enrolled shall effectuate the correction of urgent items
10    as soon as achievable to ensure the safety of the
11    students, but in no case more than one year after the date
12    of the State Superintendent of Education's approval of the
13    recommendation.
14        (7) Required items shall be corrected in a timely
15    manner, but in no case more than 5 years from the date of
16    the State Superintendent of Education's approval of the
17    recommendation.
18        (8) Once each year the school board shall submit a
19    report of progress on completion of any recommendations to
20    effectuate compliance with the code.
21    (c) As soon as practicable, but not later than 2 years
22after January 1, 1993, the State Board of Education shall
23combine the document known as "Efficient and Adequate
24Standards for the Construction of Schools" with the document
25known as "Building Specifications for Health and Safety in
26Public Schools" together with any modifications or additions

 

 

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1that may be deemed necessary. The combined document shall be
2known as the "Health/Life Safety Code for Public Schools" and
3shall be the governing code for all facilities that house
4public school students or are otherwise used for public school
5purposes, whether such facilities are permanent or temporary
6and whether they are owned, leased, rented, or otherwise used
7by the district. Facilities owned by a school district but
8that are not used to house public school students or are not
9used for public school purposes shall be governed by separate
10provisions within the code authorized by this Section.
11    (d) The 10 year survey cycle specified in this Section
12shall continue to apply based upon the standards contained in
13the "Health/Life Safety Code for Public Schools", which shall
14specify building standards for buildings that are constructed
15prior to January 1, 1993 and for buildings that are
16constructed after that date.
17    (e) The "Health/Life Safety Code for Public Schools" shall
18be the governing code for public schools; however, the
19provisions of this Section shall not preclude inspection of
20school premises and buildings pursuant to Section 9 of the
21Fire Investigation Act, provided that the provisions of the
22"Health/Life Safety Code for Public Schools", or such
23predecessor document authorized by this Section as may be
24applicable are used, and provided that those inspections are
25coordinated with the Regional Superintendent having
26jurisdiction over the public school facility.

 

 

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1    (e-5) After the effective date of this amendatory Act of
2the 98th General Assembly, all new school building
3construction governed by the "Health/Life Safety Code for
4Public Schools" must include in its design and construction a
5storm shelter that meets the minimum requirements of the
6ICC/NSSA Standard for the Design and Construction of Storm
7Shelters (ICC-500), published jointly by the International
8Code Council and the National Storm Shelter Association.
9Nothing in this subsection (e-5) precludes the design
10engineers, architects, or school district from applying a
11higher life safety standard than the ICC-500 for storm
12shelters.
13    (f) Nothing in this Section shall be construed to prohibit
14the State Fire Marshal or a qualified fire official to whom the
15State Fire Marshal has delegated his or her authority from
16conducting a fire safety check in a public school.
17    (g) The Regional Superintendent shall address any
18violations that are not corrected in a timely manner pursuant
19to subsection (b) of Section 3-14.21 of this Code.
20    (h) Any agency having jurisdiction beyond the scope of the
21applicable document authorized by this Section may issue a
22lawful order to a school board to effectuate recommendations,
23and the school board receiving the order shall certify to the
24Regional Superintendent and the State Superintendent of
25Education when it has complied with the order.
26    (i) The State Board of Education is authorized to adopt

 

 

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1any rules that are necessary relating to the administration
2and enforcement of the provisions of this Section.
3    (j) The code authorized by this Section shall apply only
4to those school districts having a population of less than
5500,000 inhabitants.
6    (k) In this Section, a "qualified fire official" means an
7individual that meets the requirements of rules adopted by the
8State Fire Marshal in cooperation with the State Board of
9Education to administer this Section. These rules shall be
10based on recommendations made by the task force established
11under Section 2-3.137 (now repealed) of this Code.
12(Source: P.A. 98-883, eff. 1-1-15; 99-30, eff. 7-10-15.)