Sen. William R. Haine

Filed: 3/9/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 328 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Residential Building Code Act is
5 amended by changing Sections 10 and 15 as follows:
6     (815 ILCS 670/10)
7     Sec. 10. Definitions. In this Act:
8     "International Residential Code" means the International
9 Residential Code for One and Two Family Dwellings published by
10 the International Code Council, as now or hereafter amended by
11 the Council.
12     "New residential construction" means any original
13 construction of a single-family home or a dwelling containing 2
14 or fewer apartments, condominiums, or town houses.
15     "Residential building code" means an ordinance,
16 resolution, law, housing or building code developed and adopted



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1 by a recognized model code organization, or zoning ordinance
2 that establishes, for residential building contractors,
3 construction-related activities applicable to single-family or
4 2-family residential structures.
5     "Residential building contractor" means any individual,
6 corporation, or partnership that constructs a fixed building or
7 structure for sale or use by another as a residence or that,
8 for a price, commission, fee, wage, or other compensation,
9 undertakes or offers to undertake the construction of any
10 building or structure to be used by another as a residence, if
11 the individual, corporation, or partnership reasonably expects
12 to earn a financial profit from that activity.
13 (Source: P.A. 93-778, eff. 1-1-05.)
14     (815 ILCS 670/15)
15     Sec. 15. Adoption of building code. A contract to build a
16 home (1) in any municipality in this State that does not have a
17 residential building code in effect or (2) in any portion of a
18 county that is not located within a municipality and does not
19 have a residential building code in effect must adopt as part
20 of the construction contract the applicability of a residential
21 building code that is agreed to by the home builder and the
22 home purchaser as provided in this Section. The home builder
23 and the home purchaser may agree to adopt any extant municipal
24 residential building code or county residential building code
25 that is in effect on the first day of construction in any



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1 county or municipality within the State of Illinois that is
2 within 100 miles of the location of the new home. If the home
3 builder and the home purchaser fail to agree to a residential
4 building code or if no residential building code is stated in
5 the contract, the plumbing code promulgated by the Illinois
6 Department of Public Health under Section 35 of the Illinois
7 Plumbing License Law, the National Electric Code as adopted by
8 the American National Standards Institute, and the
9 International Residential Code shall, by law, be adopted as
10 part of the construction contract.
11 (Source: P.A. 93-778, eff. 1-1-05.)
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".