Illinois General Assembly - Full Text of SB0022
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Full Text of SB0022  93rd General Assembly

SB0022ham001 93rd General Assembly


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 Illinois as 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.)".