093_SB0022ham001 LRB093 02187 RCE 15528 a 1 AMENDMENT TO SENATE BILL 22 2 AMENDMENT NO. . Amend Senate Bill 22 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The School Code is amended by changing 5 Section 2-3.12 as follows: 6 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12) 7 Sec. 2-3.12. School building code. To prepare for school 8 boards with the advice of the Department of Public Health, 9 the Capital Development Board, and the State Fire Marshal a 10 school building code that will conserve the health and safety 11 and general welfare of the pupils and school personnel and 12 others who use public school facilities. 13 The document known as "Efficient and Adequate Standards 14 for the Construction of Schools" applies only to temporary 15 school facilities, new school buildings, and additions to 16 existing schools whose construction contracts are awarded 17 after July 1, 1965. On or before July 1, 1967, each school 18 board shall have its school district buildings that were 19 constructed prior to January 1, 1955, surveyed by an 20 architect or engineer licensed in the State
of Illinoisas to 21 minimum standards necessary to conserve the health and safety 22 of the pupils enrolled in the school buildings of the -2- LRB093 02187 RCE 15528 a 1 district. Buildings constructed between January 1, 1955 and 2 July 1, 1965, not owned by the State of Illinois, shall be 3 surveyed by an architect or engineer licensed in the State of 4 Illinois beginning 10 years after acceptance of the completed 5 building by the school board. Buildings constructed between 6 January 1, 1955 and July 1, 1955 and previously exempt under 7 the provisions of Section 35-27 shall be surveyed prior to 8 July 1, 1977 by an architect or engineer licensed in the 9 State of Illinois. The architect or engineer, using the 10 document known as "Building Specifications for Health and 11 Safety in Public Schools" as a guide, shall make a report of 12 the findings of the survey to the school board, giving 13 priority in that report to fire safety problems and 14 recommendations thereon if any such problems exist. The 15 school board of each district so surveyed and receiving a 16 report of needed recommendations to be made to improve 17 standards of safety and health of the pupils enrolled has 18 until July 1, 1970, or in case of buildings not owned by the 19 State of Illinois and completed between January 1, 1955 and 20 July 1, 1965 or in the case of buildings previously exempt 21 under the provisions of Section 35-27 has a period of 3 years 22 after the survey is commenced, to effectuate those 23 recommendations, giving first attention to the 24 recommendations in the survey report having priority status, 25 and is authorized to levy the tax provided for in Section 26 17-2.11, according to the provisions of that Section, to make 27 such improvements. School boards unable to effectuate those 28 recommendations prior to July 1, 1970, on July 1, 1980 in the 29 case of buildings previously exempt under the provisions of 30 Section 35-27, may petition the State Superintendent of 31 Education upon the recommendation of the Regional 32 Superintendent for an extension of time. The extension of 33 time may be granted by the State Superintendent of Education 34 for a period of one year, but may be extended from year to -3- LRB093 02187 RCE 15528 a 1 year provided substantial progress, in the opinion of the 2 State Superintendent of Education, is being made toward 3 compliance. However, for fire protection issues, only one 4 one-year extension may be made, and no other provision of 5 this Code or an applicable code may supersede this 6 requirement. For routine inspections, fire officials shall 7 provide written notice to the principal of the school to 8 schedule a mutually agreed upon time for the fire safety 9 check. However, no more than 2 routine inspections may be 10 made in a calendar year. 11 Within 2 years after the effective date of this 12 amendatory Act of 1983, and every 10 years thereafter, or at 13 such other times as the State Board of Education deems 14 necessary or the regional superintendent so orders, each 15 school board subject to the provisions of this Section shall 16 again survey its school buildings and effectuate any 17 recommendations in accordance with the procedures set forth 18 herein. An architect or engineer licensed in the State of 19 Illinois is required to conduct the surveys under the 20 provisions of this Section and shall make a report of the 21 findings of the survey titled "safety survey report" to the 22 school board. The school board shall approve the safety 23 survey report, including any recommendations to effectuate 24 compliance with the code, and submit it to the Regional 25 Superintendent. The Regional Superintendent shall render a 26 decision regarding approval or denial and submit the safety 27 survey report to the State Superintendent of Education. The 28 State Superintendent of Education shall approve or deny the 29 report including recommendations to effectuate compliance 30 with the code and, if approved, issue a certificate of 31 approval. Upon receipt of the certificate of approval, the 32 Regional Superintendent shall issue an order to effect any 33 approved recommendations included in the report. Items in 34 the report shall be prioritized. Urgent items shall be -4- LRB093 02187 RCE 15528 a 1 considered as those items related to life safety problems 2 that present an immediate hazard to the safety of students. 3 Required items shall be considered as those items that are 4 necessary for a safe environment but present less of an 5 immediate hazard to the safety of students. Urgent and 6 required items shall reference a specific rule in the code 7 authorized by this Section that is currently being violated 8 or will be violated within the next 12 months if the 9 violation is not remedied. The school board of each district 10 so surveyed and receiving a report of needed recommendations 11 to be made to maintain standards of safety and health of the 12 pupils enrolled shall effectuate the correction of urgent 13 items as soon as achievable to ensure the safety of the 14 students, but in no case more than one year after the date of 15 the State Superintendent of Education's approval of the 16 recommendation. Required items shall be corrected in a 17 timely manner, but in no case more than 5 years from the date 18 of the State Superintendent of Education's approval of the 19 recommendation. Once each year the school board shall submit 20 a report of progress on completion of any recommendations to 21 effectuate compliance with the code. For each year that the 22 school board does not effectuate any or all approved 23 recommendations, it shall petition the Regional 24 Superintendent and the State Superintendent of Education 25 detailing what work was completed in the previous year and a 26 work plan for completion of the remaining work. If in the 27 judgement of the Regional Superintendent and the State 28 Superintendent of Education substantial progress has been 29 made and just cause has been shown by the school board, the 30 petition for a one year extension of time may be approved. 31 As soon as practicable, but not later than 2 years after 32 the effective date of this amendatory Act of 1992, the State 33 Board of Education shall combine the document known as 34 "Efficient and Adequate Standards for the Construction of -5- LRB093 02187 RCE 15528 a 1 Schools" with the document known as "Building Specifications 2 for Health and Safety in Public Schools" together with any 3 modifications or additions that may be deemed necessary. The 4 combined document shall be known as the "Health/Life Safety 5 Code for Public Schools" and shall be the governing code for 6 all facilities that house public school students or are 7 otherwise used for public school purposes, whether such 8 facilities are permanent or temporary and whether they are 9 owned, leased, rented, or otherwise used by the district. 10 Facilities owned by a school district but that are not used 11 to house public school students or are not used for public 12 school purposes shall be governed by separate provisions 13 within the code authorized by this Section. 14 The 10 year survey cycle specified in this Section shall 15 continue to apply based upon the standards contained in the 16 "Health/Life Safety Code for Public Schools", which shall 17 specify building standards for buildings that are constructed 18 prior to the effective date of this amendatory Act of 1992 19 and for buildings that are constructed after that date. 20 The "Health/Life Safety Code for Public Schools" shall be 21 the governing code for public schools; however, the 22 provisions of this Section shall not preclude inspection of 23 school premises and buildings pursuant to Section 9 of the 24 Fire Investigation Act, provided that the provisions of the 25 "Health/Life Safety Code for Public Schools", or such 26 predecessor document authorized by this Section as may be 27 applicable are used, and provided that those inspections are 28 coordinated with the Regional Superintendent having 29 jurisdiction over the public school facility. Nothing in 30 this Section shall be construed to prohibit a local fire 31 department, fire protection district, or the Office of the 32 State Fire Marshal from conducting a fire safety check in a 33 public school. Upon being notified by a fire official that 34 corrective action must be taken to resolve a violation, the -6- LRB093 02187 RCE 15528 a 1 school board shall take corrective action within one year. 2 However, violations that present imminent danger must be 3 addressed immediately. 4 Any agency having jurisdiction beyond the scope of the 5 applicable document authorized by this Section may issue a 6 lawful order to a school board to effectuate recommendations, 7 and the school board receiving the order shall certify to the 8 Regional Superintendent and the State Superintendent of 9 Education when it has complied with the order. 10 The State Board of Education is authorized to adopt any 11 rules that are necessary relating to the administration and 12 enforcement of the provisions of this Section. The code 13 authorized by this Section shall apply only to those school 14 districts having a population of less than 500,000 15 inhabitants. 16 (Source: P.A. 92-593, eff. 1-1-03.)".