093_SB0759ham003











                                     LRB093 03081 MKM 17335 a

 1                    AMENDMENT TO SENATE BILL 759

 2        AMENDMENT NO.     .  Amend Senate Bill 759  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Balanced Fire Protection Act.

 6        Section  5.  Findings.    Fires  that  could  have   been
 7    prevented  or  contained  tragically cut down students in the
 8    prime of their lives. College dormitories and student housing
 9    pose a significant fire risk.  A  high  density  of  students
10    within a building requires early warning detection and alarm,
11    fire  control,  and fire containment via fire-resistive walls
12    and floors. Students require time for  safe  escape  and,  if
13    necessary,  temporary  refuge.  Containing  fire  spread with
14    acoustically sound  fire-resistive  construction  provides  a
15    critical   cornerstone   to  the  safety  and  well-being  of
16    students.  Subdividing   a   facility   with   fire-resistive
17    construction  allows  for  extra  time  to escape, provides a
18    temporary area of  refuge,  and  allots  time  for  emergency
19    responders  to  effectuate rescue. Subdivision of spaces with
20    building  materials  with  high   sound-limiting   properties
21    enhances   fire  performance  of  the  construction  element.
22    Fire-resistive construction does not contribute to  the  fire
 
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 1    loading   or   add  toxic  quantities  of  smoke  and  gases.
 2    Fire-resistive construction withstands the heat  and  ravages
 3    of  fire  as well as the impact of water from fire department
 4    hose streams. This protects occupants and fire fighters  from
 5    structurally weakened construction

 6        Section 10.  Definitions. In this Act:
 7        "Automatic  sprinkler  system"  means a sprinkler system,
 8    for fire protection purposes, that is an integrated system of
 9    underground and overhead piping designed in  accordance  with
10    fire protection engineering standards. This system includes a
11    suitable water supply. The portion of the system above ground
12    is  a  network  of specially or hydraulically designed piping
13    installed in a building, to which  the  automatic  sprinklers
14    are  connected in a systematic pattern. The system is usually
15    activated by heat from a fire and discharges water  over  the
16    fire area.
17        "Building"  means  any  structure  used  or  intended for
18    supporting or sheltering any use or occupancy.
19        "Building code" means the provisions adopted by a unit of
20    local  government  governing  the  construction,  alteration,
21    movement, enlargement, replacement,  repair,  equipment,  use
22    and occupancy, location, maintenance, removal, and demolition
23    of  buildings or structures or any appurtenances connected or
24    attached to a building or structure.
25        "Combustible" refers to a material that, in the  form  in
26    which  it  is used and under the conditions anticipated, will
27    ignite and burn; the term means a material that does not meet
28    the definition of noncombustible.
29        "Dormitory" or "student housing" means a  building  or  a
30    space  in  a  building in which group sleeping accommodations
31    are provided for more than 16 persons who are not members  of
32    the same family in one room or a series of closely associated
33    rooms  under  joint  occupancy and single management, with or
 
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 1    without meals, but without individual cooking facilities.
 2        "Existing  building"  means  a   building   erected,   or
 3    officially  authorized  to  be  constructed  by the authority
 4    having jurisdiction to approve the construction,  before  the
 5    effective date of this Act.
 6        "Fire  compartment"  means a space within a building that
 7    is enclosed by fire partitions on all  sides,  including  the
 8    top and bottom.
 9        "Fire    partition"   means   a   2-hour   noncombustible
10    fire-resistive vertical fire separation assembly designed  to
11    restrict the spread of fire, in which openings are protected.
12        "Fire  resistance rating" means the period of time that a
13    building  element,  component,  or  assembly  maintains   the
14    ability  to  confine a fire, withstands a hose stream for the
15    equivalent time period of the fire exposure, and continues to
16    perform a given structural function as determined by the test
17    methods prescribed in ASTM E 119, Standard Methods  of  Tests
18    of Fire Endurance of Building Construction and Materials.
19        "Fire-resistive construction" means construction in which
20    the  structural  elements  are  of  steel, iron, concrete, or
21    masonry, in accordance with the applicable building code.
22        "New  construction"  means  a  building  or  construction
23    erected, or officially authorized to be  constructed  by  the
24    authority  having  jurisdiction  to approve the construction,
25    after the effective date of this Act.
26        "Noncombustible material" refers to a material  that,  in
27    the  form  in  which  it  is  used  and  under the conditions
28    anticipated, will not ignite, burn,  support  combustion,  or
29    release  flammable  vapors  when  subjected  to fire or heat.
30    Materials that are reported as passing ASTM E  136,  Standard
31    Test  Method  for  Behavior  of  Materials in a Vertical Tube
32    Furnace at 750 degrees Celsius, are considered noncombustible
33    materials.
34        "Sound transmission coefficient" means the value assigned
 
                            -4-      LRB093 03081 MKM 17335 a
 1    to a material's ability to minimize sound transmission.

 2        Section 15.  Regulation.
 3        (a)  The State Fire Marshal shall take appropriate  steps
 4    to  ensure  that  the  following  requirements,  specifically
 5    designed  to  foster  fire-safe housing provisions protecting
 6    the health, safety, and  welfare  of  the  citizens  of  this
 7    State, are incorporated into local building codes:
 8             (1)  All  new construction housing students shall be
 9        of   noncombustible   fire-resistive   construction    in
10        accordance with the applicable building code, except that
11        buildings  protected  with  an automatic sprinkler system
12        and in compliance  with  paragraph  (2)  may  be  of  any
13        construction  type  allowed  by  the  applicable building
14        code.
15             (2)  A fire partition is required in connection with
16        all  of  the  following  in   all   new   buildings   and
17        construction   or   portions   thereof   constituting   a
18        dormitory or student housing:
19                  (A)  Between  each  individual  living unit, to
20             form a fire compartment.
21                  (B)  All exit corridors.
22                  (C)  All exit stairways.
23                  (D)  Occupancy separations in  accordance  with
24             the applicable building code.
25                  (E)  Exterior load-bearing walls.
26                  (F)  Interior load-bearing walls.
27             (3)  Openings  in  fire partitions must be protected
28        in accordance with the applicable building  code  but  no
29        less than 90 minutes fire-protection rating.
30             (4)  Fire  partitions must have a sound transmission
31        coefficient of 50 or more.
32             (5)  Buildings protected with an automatic sprinkler
33        system and in compliance  with  paragraphs  (1)  and  (2)
 
                            -5-      LRB093 03081 MKM 17335 a
 1        shall  be  allowed  to  be  of  unlimited area, and their
 2        height may be increased by up to 25% more than the height
 3        of similar buildings  that  are  not  protected  with  an
 4        automatic  sprinkler system or are not in compliance with
 5        paragraphs (1) and (2).
 6             (6)  All floor assemblies in a new dormitory or  new
 7        student    housing    must    have   a   minimum   2-hour
 8        fire-resistance   rating   and   be   of   noncombustible
 9        construction.
10        (b)  The requirements of subsection (a) are designed  for
11    use  throughout  the State and have particular application to
12    dormitories and student housing.
13        (c)  The provisions of this Act apply  to  new  buildings
14    and  to  construction  begun after the effective date of this
15    Act  related to alterations and remodeling  that  requires  a
16    building permit.

17        Section   20.  Enforcement.   Local   authorities  having
18    jurisdiction to enforce  building  codes  shall  enforce  the
19    provisions of this Act.

20        Section  25.  Exemptions. Existing buildings and areas of
21    existing  buildings  that  are  not  subject  to  remodeling,
22    alterations, or an increase  in  height  or  floor  area  are
23    exempt from the provisions of this Act.

24        Section 30.  Uniformity.
25        (a)  If any provision of this Act is in conflict with any
26    other  provision,  limitation,  or restriction under any law,
27    rule, regulation, or ordinance of this State or any  unit  of
28    local government or agency, this Act shall control.
29        (b)  This   Act   does   not  supersede  State  or  local
30    requirements for sprinklers, early  warning  detection,  fire
31    alarm systems, or other life safety systems.
 
                            -6-      LRB093 03081 MKM 17335 a
 1        Section 90.  The School Code is amended by adding Section
 2    2-3.131 and changing Section 3-14.20 as follows:

 3        (105 ILCS 5/2-3.131 new)
 4        Sec.    2-3.131.  Inspection   and   review   of   school
 5    facilities; task force.
 6        (a)  The State Board of Education shall adopt  rules  for
 7    the  documentation  of school plan reviews and inspections of
 8    school facilities,  including  the  responsible  individual's
 9    signature.  Such  documents  shall  be  kept  on  file by the
10    regional superintendent of schools.
11        (b)  The State Board of Education shall  convene  a  task
12    force  for  the  purpose  of reviewing the documents required
13    under rules adopted under subsection (a) of this Section  and
14    making  recommendations  regarding training and accreditation
15    of individuals performing  reviews  or  inspections  required
16    under  Section  2-3.12,  3-14.20, 3-14.21, or 3-14.22 of this
17    Code,  including  regional  superintendents  of  schools  and
18    others performing reviews or inspections under the  authority
19    of   a   regional   superintendent   (such   as  consultants,
20    municipalities, and fire protection districts).
21        The task force shall consist  of  all  of  the  following
22    members:
23             (1)  The   Executive   Director   of   the   Capital
24        Development Board or his or her designee.
25             (2)  The State Superintendent of Education or his or
26        her designee.
27             (3)  A  person  appointed  by  the  State  Board  of
28        Education.
29             (4)  The   Chairman   of   the   Illinois   Building
30        Commission or his or her designee.
31             (5)  A   person   appointed   by   an   organization
32        representing school administrators.
33             (6)  A   person   appointed   by   an   organization
 
                            -7-      LRB093 03081 MKM 17335 a
 1        representing  suburban  school  administrators and school
 2        board members.
 3             (7)  A   person   appointed   by   an   organization
 4        representing architects.
 5             (8)  A   person   appointed   by   an   organization
 6        representing regional superintendants of schools.
 7             (9)  A   person   appointed   by   an   organization
 8        representing fire inspectors.
 9             (10)  A  person   appointed   by   an   organization
10        representing Code administrators.
11             (11)  A   person   appointed   by   an  organization
12        representing plumbing inspectors.
13             (12)  A person appointed  by  an  organization  that
14        represents both parents and teachers.
15             (13)  A   person   appointed   by   an  organization
16        representing municipal governments in the State.
17        The task force shall issue a report of  its  findings  to
18    the  Governor and the General Assembly no later than June 30,
19    2004.

20        (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
21        Sec.  3-14.20.  Building  plans  and  specifications.  To
22    inspect the building plans and specifications, including  but
23    not  limited  to  plans  and  specifications for the heating,
24    ventilating, lighting, seating,  water  supply,  toilets  and
25    safety  against  fire  of  public  school rooms and buildings
26    submitted to him by school boards, and to approve  all  those
27    which  comply substantially with the building code authorized
28    in Section 2-3.12.
29        If a municipality or, in the case  of  an  unincorporated
30    area,  a county or, if applicable, a fire protection district
31    wishes to be notified of plans and specifications received by
32    a regional office of education for any future construction or
33    alteration of a public school facility  located  within  that
 
                            -8-      LRB093 03081 MKM 17335 a
 1    entity's  jurisdiction,  then  the  entity must register this
 2    wish with the regional superintendent of schools.  Within  10
 3    days  after  the  regional superintendent of schools receives
 4    the plans and specifications from a school board and prior to
 5    the bidding process, he or she shall notify, in writing,  the
 6    registered  municipality  and,  if applicable, the registered
 7    fire protection district  where  the  school  that  is  being
 8    constructed  or  altered  lies  that plans and specifications
 9    have been received. In the case of  an  unincorporated  area,
10    the registered county shall be notified. If the municipality,
11    fire  protection district, or county requests a review of the
12    plans and specifications, then the school board shall  submit
13    a copy of the plans and specifications. The municipality and,
14    if applicable, the fire protection district or the county may
15    comment  in  writing on the plans and specifications based on
16    the building code authorized in Section  2-3.12,  referencing
17    the  specific  code  where a discrepancy has been identified,
18    and respond back to the regional  superintendent  of  schools
19    within  15  days after a copy of the plans and specifications
20    have been received  or,  if  needed  for  plan  review,  such
21    additional  time  as agreed to by the regional superintendent
22    of schools. The local  fire  department  or  fire  protection
23    district where the school is being constructed or altered may
24    request  a  review  of  the  plans  and  specifications.  The
25    regional superintendent of schools shall submit a copy of the
26    plans  and  specifications  within 10 business days after the
27    request. The fire department or fire protection district  may
28    comment on the plans and specifications based on the building
29    code  authorized  in  Section  2-3.12 of the Code and, if any
30    corrective  action  must  be  taken,  shall  respond  to  the
31    regional superintendent  of  schools  within  15  days  after
32    receipt  of  the  plans and specifications. The Office of the
33    State Fire Marshal may review the plans and specifications at
34    the  request  of  the  fire  department  or  fire  protection
 
                            -9-      LRB093 03081 MKM 17335 a
 1    district. The review must be conducted  at  no  cost  to  the
 2    school district.
 3        If  such  plans  and  specifications  are not approved or
 4    denied approval by the  regional  superintendent  of  schools
 5    within 3 months after the date on which they are submitted to
 6    him  or  her,  the  school  board  may  submit such plans and
 7    specifications  directly  to  the  State  Superintendent   of
 8    Education for approval or denial.
 9    (Source: P.A. 92-593, eff. 1-1-03.)

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