HB2513 EngrossedLRB098 08242 NHT 38340 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 advice of the
9Department of Public Health, the Capital Development Board, and
10the 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
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 forth
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 the
2    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 safety
9    survey report to the State Superintendent of Education.
10        (4) The State Superintendent of Education shall
11    approve or deny the report including recommendations to
12    effectuate compliance with the code and, if approved, issue
13    a certificate of approval.
14        (5) Upon receipt of the certificate of approval, the
15    Regional Superintendent shall issue an order to effect any
16    approved recommendations included in the report. The
17    report shall meet all of the following requirements:
18            (A) Items in the report shall be prioritized.
19            (B) Urgent items shall be considered as those items
20        related to life safety problems that present an
21        immediate hazard to the safety of students.
22            (C) Required items shall be considered as those
23        items that are necessary for a safe environment but
24        present less of an immediate hazard to the safety of
25        students.
26            (D) Urgent and required items shall reference a



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



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



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



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1    (j) The code authorized by this Section shall apply only to
2those school districts having a population of less than 500,000
4    (k) In this Section, a "qualified fire official" means an
5individual that meets the requirements of rules adopted by the
6State Fire Marshal in cooperation with the State Board of
7Education to administer this Section. These rules shall be
8based on recommendations made by the task force established
9under Section 2-3.137 of this Code.
10(Source: P.A. 94-225, eff. 7-14-05; 94-875, eff. 7-1-06;
1194-1105, eff. 6-1-07; 95-876, eff. 8-21-08.)