SB0022 93rd General Assembly

093_SB0022

 
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 1        AN ACT in relation to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

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