Full Text of HB0978 94th General Assembly
HB0978ham001 94TH GENERAL ASSEMBLY
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Rep. Sidney H. Mathias
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 978
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| AMENDMENT NO. ______. Amend House Bill 978 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 2-3.12, 3-14.20, and 3-14.21 and by adding Section 3-14.20a as | 6 |
| follows:
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| (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
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| Sec. 2-3.12. School building code. To prepare for school | 9 |
| boards with the
advice of the Department of Public Health, the | 10 |
| Capital Development Board, and
the State Fire Marshal a school | 11 |
| building code that will conserve the health and
safety and | 12 |
| general welfare of the pupils and school personnel and others | 13 |
| who
use public school facilities.
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| The document known as "Efficient and Adequate Standards for | 15 |
| the Construction
of Schools" applies only to temporary school | 16 |
| facilities, new school buildings,
and additions to existing | 17 |
| schools whose construction contracts are awarded
after July 1, | 18 |
| 1965. On or before July 1, 1967, each school board shall have
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| its school district buildings that were constructed prior to | 20 |
| January 1, 1955,
surveyed by an architect or engineer licensed | 21 |
| in the State of Illinois as to
minimum standards necessary to | 22 |
| conserve the health and safety of the pupils
enrolled in the | 23 |
| school buildings of the district. Buildings constructed
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| between January 1, 1955 and July 1, 1965, not owned by the |
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| State of Illinois,
shall be surveyed by an architect or | 2 |
| engineer licensed in the State of Illinois
beginning 10 years | 3 |
| after acceptance of the completed building by the school
board. | 4 |
| Buildings constructed between January 1, 1955 and July 1, 1955 | 5 |
| and
previously exempt under the provisions of Section 35-27 | 6 |
| shall be surveyed prior
to July 1, 1977 by an architect or | 7 |
| engineer licensed in the State of Illinois.
The architect or | 8 |
| engineer, using the document known as "Building Specifications
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| for Health and Safety in Public Schools" as a guide, shall make | 10 |
| a report of the
findings of the survey to the school board, | 11 |
| giving priority in that report to
fire safety problems and | 12 |
| recommendations thereon if any such problems exist.
The school | 13 |
| board of each district so surveyed and receiving a
report of | 14 |
| needed recommendations to be made to improve standards of | 15 |
| safety
and health of the pupils enrolled has until July 1, | 16 |
| 1970, or in case of
buildings not owned by the State of | 17 |
| Illinois and completed between January
1, 1955 and July 1, 1965 | 18 |
| or in the case of buildings previously exempt under
the | 19 |
| provisions of Section 35-27 has a period of 3 years after the | 20 |
| survey is
commenced, to effectuate those recommendations, | 21 |
| giving first attention to the
recommendations in the survey | 22 |
| report having priority status, and is authorized
to levy the | 23 |
| tax provided for in Section 17-2.11, according to the | 24 |
| provisions of
that Section, to make such improvements. School | 25 |
| boards unable to effectuate
those recommendations prior to July | 26 |
| 1, 1970, on July 1, 1980 in the case of
buildings previously | 27 |
| exempt under the provisions of Section 35-27, may petition
the | 28 |
| State Superintendent of Education upon the recommendation of | 29 |
| the Regional
Superintendent for an extension of time. The | 30 |
| extension of time may be granted
by the State Superintendent of | 31 |
| Education for a period of one year, but may be
extended from | 32 |
| year to year provided substantial progress, in the opinion of | 33 |
| the
State Superintendent of Education, is being made toward | 34 |
| compliance.
However, for fire protection issues, only one |
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| one-year extension may be
made, and no other provision of this | 2 |
| Code or an applicable code may
supersede this requirement.
For | 3 |
| routine inspections, the State Fire Marshal or local fire | 4 |
| officials to whom the State Fire Marshal has delegated his or | 5 |
| her authority shall
notify the regional superintendent of | 6 |
| schools, the district superintendent, and
provide written | 7 |
| notice to the principal of the school in advance to schedule
a | 8 |
| mutually agreed upon time for the fire safety check. However, | 9 |
| no more than
2 routine inspections may be made in a calendar | 10 |
| year.
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| Within 2 years after the effective date of this amendatory | 12 |
| Act of 1983,
and every 10 years thereafter, or at such other | 13 |
| times as the State Board of
Education deems necessary or the | 14 |
| regional superintendent so orders, each school
board subject to | 15 |
| the provisions of this Section shall again survey its school
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| buildings and effectuate any recommendations in accordance | 17 |
| with the procedures
set forth herein. An architect or engineer | 18 |
| licensed in the State of Illinois is
required to conduct the | 19 |
| surveys under the provisions of this Section and shall
make a | 20 |
| report of the findings of the survey titled "safety survey | 21 |
| report" to
the school board. The school board shall approve the | 22 |
| safety survey report,
including any recommendations to | 23 |
| effectuate compliance with the code, and
submit it to the | 24 |
| Regional Superintendent. The Regional Superintendent shall
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| render a decision regarding approval or denial and submit the | 26 |
| safety survey
report to the State Superintendent of Education. | 27 |
| The State Superintendent of
Education shall approve or deny the | 28 |
| report including recommendations to
effectuate compliance with | 29 |
| the code and, if approved, issue a certificate of
approval. | 30 |
| Upon receipt of the certificate of approval, the Regional
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| Superintendent shall issue an order to effect any approved | 32 |
| recommendations
included in the report. Items in the report | 33 |
| shall be prioritized. Urgent
items shall be considered as those | 34 |
| items related to life safety problems that
present an immediate |
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| hazard to the safety of students. Required items shall be
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| considered as those items that are necessary for a safe | 3 |
| environment but present
less of an immediate hazard to the | 4 |
| safety of students. Urgent and required
items shall reference a | 5 |
| specific rule in the code authorized by this Section
that is | 6 |
| currently being violated or will be violated within the next 12 | 7 |
| months
if the violation is not remedied. The school board of | 8 |
| each district so
surveyed and receiving a report of needed | 9 |
| recommendations to be made to
maintain standards of safety and | 10 |
| health of the pupils enrolled shall effectuate
the correction | 11 |
| of urgent items as soon as achievable to ensure the safety of
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| the students, but in no case more than one year after the date | 13 |
| of the State
Superintendent of Education's approval of the | 14 |
| recommendation.
Required items shall be corrected in a timely | 15 |
| manner, but in
no case more than 5 years from the date of the | 16 |
| State Superintendent
of
Education's approval of the | 17 |
| recommendation. 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. For each year that the
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| school board does not effectuate any or all approved | 21 |
| recommendations, it shall
petition the Regional Superintendent | 22 |
| and the State Superintendent of Education
detailing what work | 23 |
| was completed in the previous year and a work plan for
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| completion of the remaining work. If in the judgement of the | 25 |
| Regional
Superintendent and the State Superintendent of | 26 |
| Education substantial progress
has been made and just cause has | 27 |
| been shown by the school board, the petition
for a one year | 28 |
| extension of time may be approved.
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| As soon as practicable, but not later than 2 years after | 30 |
| the effective date
of this amendatory Act of 1992, the State | 31 |
| Board of Education shall combine
the document known as | 32 |
| "Efficient and Adequate Standards for the Construction of
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| Schools" with the document known as "Building Specifications | 34 |
| for Health and
Safety in Public Schools" together with any |
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| modifications or additions that may
be deemed necessary. The | 2 |
| combined document shall be known as the "Health/Life
Safety | 3 |
| Code for Public Schools" and shall be the governing code for | 4 |
| all
facilities that house public school students or are | 5 |
| otherwise used for public
school purposes, whether such | 6 |
| facilities are permanent or temporary and
whether they are | 7 |
| owned, leased, rented, or otherwise used by the district.
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| Facilities owned by a school district but that are not used to | 9 |
| house public
school students or are not used for public school | 10 |
| purposes shall be
governed by separate provisions within the | 11 |
| code authorized by this Section.
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| The 10 year survey cycle specified in this Section shall | 13 |
| continue to
apply based upon the standards contained in the | 14 |
| "Health/Life Safety Code
for Public Schools", which shall | 15 |
| specify building standards and fire safety standards for | 16 |
| buildings that
are constructed prior to the effective date of | 17 |
| this amendatory Act of 1992 and
for buildings that are | 18 |
| constructed after that date.
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| The "Health/Life Safety Code for Public Schools" shall be | 20 |
| the governing code
for public schools; however, the provisions | 21 |
| of this Section shall not preclude
inspection of school | 22 |
| premises and buildings pursuant to Section 9 of the Fire
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| Investigation Act, provided that the provisions of the | 24 |
| "Health/Life Safety Code
for Public Schools", or such | 25 |
| predecessor document authorized by this Section as
may be | 26 |
| applicable are used, and provided that those inspections are | 27 |
| coordinated
with the Regional Superintendent having | 28 |
| jurisdiction over the public school
facility.
Nothing in this | 29 |
| Section shall be construed to prohibit the State Fire Marshal | 30 |
| or a qualified
a local fire
official to whom the State Fire | 31 |
| Marshal has delegated his or her authority
department, fire | 32 |
| protection district, or the Office of the State Fire Marshal
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| from
conducting a fire safety check in a public school. A | 34 |
| "qualified local fire official" means a person who is certified |
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| by the International Code Council as an International Fire Code | 2 |
| plan reviewer or inspector or who is certified as a Fire | 3 |
| Inspector by the Office of the State Fire Marshal. Upon being | 4 |
| notified by the State Fire Marshal or the local
a
fire official | 5 |
| that corrective action must be taken
to resolve a violation, | 6 |
| the school board , in cooperation with the State Fire Marshal or | 7 |
| the local fire official, shall develop a plan to correct the | 8 |
| violation
take corrective action within
one year . However, | 9 |
| violations that present imminent danger must be
addressed | 10 |
| immediately.
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| Any agency having jurisdiction beyond the scope of the | 12 |
| applicable
document authorized by this Section may issue a | 13 |
| lawful order to a school board
to effectuate recommendations, | 14 |
| and the school board receiving the order shall
certify to the | 15 |
| Regional Superintendent and the State Superintendent of
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| Education when it has complied with the order.
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| The State Board of Education is authorized to adopt any | 18 |
| rules that are
necessary relating to the administration and | 19 |
| enforcement of the provisions of
this Section. The code | 20 |
| authorized by this Section shall apply only to those
school | 21 |
| districts having a population of less than 500,000 inhabitants.
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| (Source: P.A. 92-593, eff. 1-1-03.)
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| (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
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| Sec. 3-14.20. Building plans and specifications. To | 25 |
| inspect the building
plans and specifications, including but | 26 |
| not limited to plans and specifications
for the heating, | 27 |
| ventilating, lighting, seating, water supply, toilets , and
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| electrical work to ensure the safety against fire of occupants | 29 |
| in public school rooms and buildings submitted to him by
school | 30 |
| boards, and to approve all those which comply substantially | 31 |
| with the
building code authorized in Section 2-3.12. | 32 |
| For purposes of this Section: | 33 |
| "Certified inspector" means a person acting on behalf of a |
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| municipality or county who has no contractual interest in the | 2 |
| project and who meets one of the following requirements: | 3 |
| (1) Holds certification by the International Code | 4 |
| Council as a Commercial Building Inspector. | 5 |
| (2) Holds certification as a State plumbing inspector | 6 |
| under the Illinois Plumbing License Law. | 7 |
| (3) Holds State licensure as a design professional. | 8 |
| "Certified plan reviewer" means a person acting on behalf | 9 |
| of a municipality or county who has no contractual interest in | 10 |
| the project and who meets one of the following requirements: | 11 |
| (1) Holds certification by the International Code | 12 |
| Council as a Commercial Buildings Plan Examiner. | 13 |
| (2) Holds licensure as a plumbing inspector under the | 14 |
| Illinois Plumbing License Law. | 15 |
| (3) Holds State licensure as a design professional. | 16 |
| If a municipality or, in the case of an unincorporated | 17 |
| area, a county wishes to be notified of plans and | 18 |
| specifications received by a regional office of education for | 19 |
| any future construction or alteration, then the municipality or | 20 |
| county must register this wish with the regional superintendent | 21 |
| of schools and at this time must submit a copy of the | 22 |
| credentials of its certified inspector or certified plan | 23 |
| reviewer that he or she needs to meet the definition of | 24 |
| certified inspector or certified plan reviewer under this | 25 |
| Section. Within 10 days after the regional superintendent of | 26 |
| schools receives the plans and specifications from a school | 27 |
| board and prior to the bidding process, he or she shall notify | 28 |
| the registered municipality or county where the school that is | 29 |
| being constructed or altered lies that plans and specifications | 30 |
| have been received. If the municipality or county requests a | 31 |
| review of the plans and specifications, then the school board | 32 |
| shall submit a copy of the plans and specifications to the | 33 |
| municipality or county. A certified plan reviewer for the | 34 |
| municipality or county may comment in writing on the plans and |
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| specifications based on the building code authorized in Section | 2 |
| 2-3.12 of this Code, referencing the specific code where a | 3 |
| discrepancy has been identified, and respond back to the | 4 |
| regional superintendent of schools within 15 working days after | 5 |
| a copy of the plans and specifications have been received or, | 6 |
| if needed for plan review, such additional time as agreed to by | 7 |
| the regional superintendent of schools. This review must be at | 8 |
| no direct or indirect cost to the school district. | 9 |
| If a certified inspector for the municipality or county | 10 |
| wishes to inspect the actual school construction or alteration, | 11 |
| he or she must set up an initial pre-construction meeting with | 12 |
| the regional superintendent of schools, outlining the | 13 |
| inspection schedule and construction reviews. The regional | 14 |
| superintendent of schools shall then notify the school | 15 |
| district. The certified inspector shall respond to the regional | 16 |
| superintendent of schools in writing with any comments at the | 17 |
| completion of each inspection. These comments shall be based on | 18 |
| the building code authorized in Section 2-3.12 of this Code. | 19 |
| These inspections shall be done at no direct or indirect cost | 20 |
| to the school district.
The local fire department or
fire | 21 |
| protection district where the
school is being constructed or | 22 |
| altered may request a review of the plans
and specifications. | 23 |
| The regional superintendent of schools shall submit
a copy of | 24 |
| the plans and specifications within 10 business days after the
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| request. The fire department or fire protection district may | 26 |
| comment
on the plans and specifications based on the building | 27 |
| code
authorized in Section 2-3.12 of the Code and, if any
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| corrective action must be taken, shall respond to the
regional | 29 |
| superintendent of schools within 15 days after
receipt of the | 30 |
| plans and specifications. The Office of the
State Fire Marshal | 31 |
| may review the plans and specifications at
the request of the | 32 |
| fire department or fire protection
district. The review must be | 33 |
| conducted at no cost to the
school district.
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| If
such plans and
specifications
are not approved or denied |
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| approval by the regional superintendent of schools
within 3 | 2 |
| months after the date on which they are submitted to him or | 3 |
| her, the
school board may submit such plans and specifications | 4 |
| directly to the State
Superintendent of Education for approval | 5 |
| or denial.
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| (Source: P.A. 92-593, eff. 1-1-03.)
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| (105 ILCS 5/3-14.20a new) | 8 |
| Sec. 3-14.20a. Fire safety review of building plans and | 9 |
| specifications. To ensure the safety of children against fire | 10 |
| in public school rooms and buildings by having the State Fire | 11 |
| Marshal or his or her designee review the building plans and | 12 |
| specifications for any school buildings being constructed or | 13 |
| altered before the bidding process. Within 10 business days | 14 |
| after the regional superintendent of schools receives plans and | 15 |
| specifications under Section 3-14.20 of this Code, he or she | 16 |
| shall contact the State Fire Marshal. The State Fire Marshal | 17 |
| shall direct the regional superintendent to send a copy of the | 18 |
| plans and specifications to the State Fire Marshal or his or | 19 |
| her designee. The State Fire Marshal or his or her designee | 20 |
| shall review the plans and specifications and provide the | 21 |
| regional superintendent with a written response of its review | 22 |
| within 15 business days after receipt of the plans and | 23 |
| specifications. The review shall be based on the fire safety | 24 |
| code authorized in Section 2-3.12 of this Code. The written | 25 |
| response shall inform the regional superintendent that the | 26 |
| plans and specifications comply with the fire safety code or | 27 |
| identify the changes that are required for the plans to comply | 28 |
| with the fire safety code, referencing the specific code | 29 |
| section where a discrepancy has been identified. If the | 30 |
| regional superintendent concurs with the State Fire Marshal's | 31 |
| or his or her designee's required changes, the regional | 32 |
| superintendent shall require the plans and specifications to be | 33 |
| amended by the design professional and returned to the State |
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| Fire Marshal or his or her designee for approval. | 2 |
| The State Fire Marshal or his or her designee may inspect | 3 |
| the actual construction or alteration by contacting the | 4 |
| regional superintendent of schools. The regional | 5 |
| superintendent shall contact the school district and arrange | 6 |
| for the inspection. Should the inspection reveal any | 7 |
| non-compliance with the building plans and specifications, the | 8 |
| regional superintendent shall be notified so that he or she may | 9 |
| take corrective action with the school board. | 10 |
| The State Fire Marshal may delegate its authority to review | 11 |
| plans and specifications and conduct inspections under this | 12 |
| Section to a qualified local fire official, as defined in | 13 |
| Section 2-3.12 of this Code, who provides fire protection | 14 |
| services to the school building. A qualified fire department | 15 |
| shall be deemed to be the State Fire Marshal's designee for | 16 |
| purposes of this Section. | 17 |
| The State Fire Marshal, in cooperation with the State Board | 18 |
| of Education, shall adopt any rules that are necessary to | 19 |
| administer this Section. | 20 |
| The plan review and inspection under this Section shall be | 21 |
| done at no direct or indirect cost to the school district.
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| (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
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| Sec. 3-14.21. Inspection of schools.
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| (a) The regional superintendent shall inspect and survey | 25 |
| all
public
schools under his or her supervision and notify the | 26 |
| board of education, or the
trustees of schools in a district | 27 |
| with trustees, in writing before July 30,
whether or not the | 28 |
| several schools in their district have passed the annual fire | 29 |
| safety inspection required under subsection (c) of this Section | 30 |
| and have been kept as required
by law, using forms provided by | 31 |
| the State Board of Education which are based on
the Health/Life | 32 |
| Safety Code for Public Schools adopted under Section 2-3.12. | 33 |
| The regional
superintendent shall report his or her findings to |
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| the State Board of
Education on
forms provided by the State | 2 |
| Board of Education.
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| (b) If the regional superintendent determines that a school | 4 |
| board has
failed in a timely manner to correct urgent items | 5 |
| identified in a previous
life-safety report completed under | 6 |
| Section 2-3.12 or as otherwise previously
ordered by the | 7 |
| regional superintendent or has failed in a timely manner to | 8 |
| correct violations identified in the annual fire safety | 9 |
| inspection conducted under subsection (c) of this Section , the | 10 |
| regional superintendent shall order
the school board to adopt | 11 |
| and submit to the regional superintendent a plan for
the | 12 |
| immediate correction of the building violations. This plan | 13 |
| shall be
adopted following a public hearing that is conducted | 14 |
| by the school board on the
violations and the plan and that is | 15 |
| preceded by at least 7 days' prior notice
of the hearing | 16 |
| published in
a newspaper of general circulation within the | 17 |
| school district. If the regional
superintendent determines in | 18 |
| the next annual inspection that the plan has not
been completed | 19 |
| and that the violations have not been corrected, the regional
| 20 |
| superintendent shall submit a report to the State Board of | 21 |
| Education with a
recommendation that the State Board withhold | 22 |
| from payments of general State aid
due to the district an | 23 |
| amount necessary to correct the outstanding violations.
The | 24 |
| State Board, upon notice to the school board
and to the | 25 |
| regional superintendent, shall consider the report at a meeting | 26 |
| of
the State Board, and may order that a sufficient amount of | 27 |
| general State aid be
withheld from payments due to the district | 28 |
| to correct the violations. This
amount shall be paid to the | 29 |
| regional superintendent who shall contract on
behalf of the | 30 |
| school board for the correction of the outstanding violations.
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| (c) The State Fire Marshal or his or her designee shall | 32 |
| conduct an annual fire safety inspection of each school | 33 |
| building in this State. The State Fire Marshal or his or her | 34 |
| designee shall coordinate its inspection with the regional |
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| superintendent of schools. The inspection shall be based on the | 2 |
| fire safety code authorized in Section 2-3.12 of this Code. Any | 3 |
| violations shall be reported to the regional superintendent and | 4 |
| the school board in writing, referencing the specific code | 5 |
| section where a discrepancy has been identified. The school | 6 |
| board, in cooperation with the State Fire Marshal or his or her | 7 |
| designee, shall develop a plan to correct any fire safety | 8 |
| violations. The regional superintendent shall address such | 9 |
| violations that are not corrected in a timely manner pursuant | 10 |
| to subsection (b) of this Section. | 11 |
| The State Fire Marshal may delegate its authority to | 12 |
| conduct fire safety inspections to a qualified local fire | 13 |
| official, as defined in Section 2-3.12 of this Code, who | 14 |
| provides fire protection services to the school building. A | 15 |
| qualified fire department shall be deemed to be the State Fire | 16 |
| Marshal's designee for purposes of this Section. | 17 |
| The State Fire Marshal, in cooperation with the State Board | 18 |
| of Education, shall adopt any rules necessary to administer | 19 |
| this subsection (c). | 20 |
| The inspection under this subsection (c) shall be done at | 21 |
| no direct or indirect cost to the school district.
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| (Source: P.A. 90-464, eff. 8-17-97.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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