Full Text of HB3095 94th General Assembly
HB3095 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3095
Introduced 2/22/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.12 |
from Ch. 122, par. 2-3.12 |
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Amends the School Code. Makes a technical change in a Section concerning a school building code.
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A BILL FOR
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HB3095 |
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LRB094 07212 NHT 37367 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 2-3.12 as 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 | 8 |
| boards with the
advice of the Department of Public Health, the | 9 |
| Capital Development Board, and
the State Fire Marshal a school | 10 |
| building code that will conserve the health and
safety and | 11 |
| general welfare of the pupils and school personnel and others | 12 |
| who
use public school facilities.
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| The document known as "Efficient and Adequate Standards for | 14 |
| the Construction
of Schools" applies only to temporary school | 15 |
| facilities, new school buildings,
and additions to existing | 16 |
| schools whose construction contracts are awarded
after July 1, | 17 |
| 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 | 19 |
| January 1, 1955,
surveyed by an architect or engineer licensed | 20 |
| in the
the State of Illinois as to
minimum standards necessary | 21 |
| to conserve the health and safety of the pupils
enrolled in the | 22 |
| school buildings of the district. Buildings constructed
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| between January 1, 1955 and July 1, 1965, not owned by the | 24 |
| State of Illinois,
shall be surveyed by an architect or | 25 |
| engineer licensed in the State of Illinois
beginning 10 years | 26 |
| after acceptance of the completed building by the school
board. | 27 |
| Buildings constructed between January 1, 1955 and July 1, 1955 | 28 |
| and
previously exempt under the provisions of Section 35-27 | 29 |
| shall be surveyed prior
to July 1, 1977 by an architect or | 30 |
| engineer licensed in the State of Illinois.
The architect or | 31 |
| engineer, using the document known as "Building Specifications
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| for Health and Safety in Public Schools" as a guide, shall make |
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| a report of the
findings of the survey to the school board, | 2 |
| giving priority in that report to
fire safety problems and | 3 |
| recommendations thereon if any such problems exist.
The school | 4 |
| board of each district so surveyed and receiving a
report of | 5 |
| needed recommendations to be made to improve standards of | 6 |
| safety
and health of the pupils enrolled has until July 1, | 7 |
| 1970, or in case of
buildings not owned by the State of | 8 |
| Illinois and completed between January
1, 1955 and July 1, 1965 | 9 |
| or in the case of buildings previously exempt under
the | 10 |
| provisions of Section 35-27 has a period of 3 years after the | 11 |
| survey is
commenced, to effectuate those recommendations, | 12 |
| giving first attention to the
recommendations in the survey | 13 |
| report having priority status, and is authorized
to levy the | 14 |
| tax provided for in Section 17-2.11, according to the | 15 |
| provisions of
that Section, to make such improvements. School | 16 |
| boards unable to effectuate
those recommendations prior to July | 17 |
| 1, 1970, on July 1, 1980 in the case of
buildings previously | 18 |
| exempt under the provisions of Section 35-27, may petition
the | 19 |
| State Superintendent of Education upon the recommendation of | 20 |
| the Regional
Superintendent for an extension of time. The | 21 |
| extension of time may be granted
by the State Superintendent of | 22 |
| Education for a period of one year, but may be
extended from | 23 |
| year to year provided substantial progress, in the opinion of | 24 |
| the
State Superintendent of Education, is being made toward | 25 |
| compliance.
However, for fire protection issues, only one | 26 |
| one-year extension may be
made, and no other provision of this | 27 |
| Code or an applicable code may
supersede this requirement.
For | 28 |
| routine inspections, fire officials shall
provide written | 29 |
| notice to the principal of the school to schedule
a mutually | 30 |
| agreed upon time for the fire safety check. However, no more | 31 |
| than
2 routine inspections may be made in a calendar year.
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| Within 2 years after the effective date of this amendatory | 33 |
| Act of 1983,
and every 10 years thereafter, or at such other | 34 |
| times as the State Board of
Education deems necessary or the | 35 |
| regional superintendent so orders, each school
board subject to | 36 |
| the provisions of this Section shall again survey its school
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| buildings and effectuate any recommendations in accordance | 2 |
| with the procedures
set forth herein. An architect or engineer | 3 |
| licensed in the State of Illinois is
required to conduct the | 4 |
| surveys under the provisions of this Section and shall
make a | 5 |
| report of the findings of the survey titled "safety survey | 6 |
| report" to
the school board. The school board shall approve the | 7 |
| safety survey report,
including any recommendations to | 8 |
| effectuate compliance with the code, and
submit it to the | 9 |
| Regional Superintendent. The Regional Superintendent shall
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| render a decision regarding approval or denial and submit the | 11 |
| safety survey
report to the State Superintendent of Education. | 12 |
| The State Superintendent of
Education shall approve or deny the | 13 |
| report including recommendations to
effectuate compliance with | 14 |
| the code and, if approved, issue a certificate of
approval. | 15 |
| Upon receipt of the certificate of approval, the Regional
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| Superintendent shall issue an order to effect any approved | 17 |
| recommendations
included in the report. Items in the report | 18 |
| shall be prioritized. Urgent
items shall be considered as those | 19 |
| items related to life safety problems that
present an immediate | 20 |
| hazard to the safety of students. Required items shall be
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| considered as those items that are necessary for a safe | 22 |
| environment but present
less of an immediate hazard to the | 23 |
| safety of students. Urgent and required
items shall reference a | 24 |
| specific rule in the code authorized by this Section
that is | 25 |
| currently being violated or will be violated within the next 12 | 26 |
| months
if the violation is not remedied. The school board of | 27 |
| each district so
surveyed and receiving a report of needed | 28 |
| recommendations to be made to
maintain standards of safety and | 29 |
| health of the pupils enrolled shall effectuate
the correction | 30 |
| 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 | 32 |
| of the State
Superintendent of Education's approval of the | 33 |
| recommendation.
Required items shall be corrected in a timely | 34 |
| manner, but in
no case more than 5 years from the date of the | 35 |
| State Superintendent
of
Education's approval of the | 36 |
| recommendation. Once each year the school
board shall submit a |
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| report of progress on completion of any
recommendations to | 2 |
| effectuate compliance with the code. For each year that the
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| school board does not effectuate any or all approved | 4 |
| recommendations, it shall
petition the Regional Superintendent | 5 |
| and the State Superintendent of Education
detailing what work | 6 |
| 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 | 8 |
| Regional
Superintendent and the State Superintendent of | 9 |
| Education substantial progress
has been made and just cause has | 10 |
| been shown by the school board, the petition
for a one year | 11 |
| extension of time may be approved.
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| As soon as practicable, but not later than 2 years after | 13 |
| the effective date
of this amendatory Act of 1992, the State | 14 |
| Board of Education shall combine
the document known as | 15 |
| "Efficient and Adequate Standards for the Construction of
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| Schools" with the document known as "Building Specifications | 17 |
| for Health and
Safety in Public Schools" together with any | 18 |
| modifications or additions that may
be deemed necessary. The | 19 |
| combined document shall be known as the "Health/Life
Safety | 20 |
| Code for Public Schools" and shall be the governing code for | 21 |
| all
facilities that house public school students or are | 22 |
| otherwise used for public
school purposes, whether such | 23 |
| facilities are permanent or temporary and
whether they are | 24 |
| 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 | 26 |
| house public
school students or are not used for public school | 27 |
| purposes shall be
governed by separate provisions within the | 28 |
| code authorized by this Section.
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| The 10 year survey cycle specified in this Section shall | 30 |
| continue to
apply based upon the standards contained in the | 31 |
| "Health/Life Safety Code
for Public Schools", which shall | 32 |
| specify building standards for buildings that
are constructed | 33 |
| prior to the effective date of this amendatory Act of 1992 and
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| for buildings that are constructed after that date.
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| The "Health/Life Safety Code for Public Schools" shall be | 36 |
| the governing code
for public schools; however, the provisions |
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| of this Section shall not preclude
inspection of school | 2 |
| premises and buildings pursuant to Section 9 of the Fire
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| Investigation Act, provided that the provisions of the | 4 |
| "Health/Life Safety Code
for Public Schools", or such | 5 |
| predecessor document authorized by this Section as
may be | 6 |
| applicable are used, and provided that those inspections are | 7 |
| coordinated
with the Regional Superintendent having | 8 |
| jurisdiction over the public school
facility.
Nothing in this | 9 |
| Section shall be construed to prohibit a local fire
department, | 10 |
| fire protection district, or the Office of the State Fire | 11 |
| Marshal
from
conducting a fire safety check in a public school. | 12 |
| Upon being notified by a
fire official that corrective action | 13 |
| must be taken
to resolve a violation, the school board shall | 14 |
| take corrective action within
one year. However, violations | 15 |
| that present imminent danger must be
addressed immediately.
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| Any agency having jurisdiction beyond the scope of the | 17 |
| applicable
document authorized by this Section may issue a | 18 |
| lawful order to a school board
to effectuate recommendations, | 19 |
| and the school board receiving the order shall
certify to the | 20 |
| 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 | 23 |
| rules that are
necessary relating to the administration and | 24 |
| enforcement of the provisions of
this Section. The code | 25 |
| authorized by this Section shall apply only to those
school | 26 |
| 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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