Full Text of SB0383 94th General Assembly
SB0383ham001 94TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 5/11/2005
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| AMENDMENT TO SENATE BILL 383
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| AMENDMENT NO. ______. Amend Senate Bill 383 as follows:
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| on page 1, line 4, after "by" by inserting "changing Sections | 4 |
| 2-3.12, 3-14.20, and 3-14.21 and by"; and | 5 |
| on page 1, line 5, by deleting "and changing Section 3-14.20"; | 6 |
| and | 7 |
| on page 1, immediately below line 5, by inserting the | 8 |
| following:
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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 | 11 |
| boards with the
advice of the Department of Public Health, the | 12 |
| Capital Development Board, and
the State Fire Marshal a school | 13 |
| building code that will conserve the health and
safety and | 14 |
| general welfare of the pupils and school personnel and others | 15 |
| who
use public school facilities.
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| The document known as "Efficient and Adequate Standards for | 17 |
| the Construction
of Schools" applies only to temporary school | 18 |
| facilities, new school buildings,
and additions to existing | 19 |
| schools whose construction contracts are awarded
after July 1, | 20 |
| 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 | 22 |
| January 1, 1955,
surveyed by an architect or engineer licensed | 23 |
| in the State of Illinois as to
minimum standards necessary to |
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| conserve the health and safety of the pupils
enrolled in the | 2 |
| school buildings of the district. Buildings constructed
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| between January 1, 1955 and July 1, 1965, not owned by the | 4 |
| State of Illinois,
shall be surveyed by an architect or | 5 |
| engineer licensed in the State of Illinois
beginning 10 years | 6 |
| after acceptance of the completed building by the school
board. | 7 |
| Buildings constructed between January 1, 1955 and July 1, 1955 | 8 |
| and
previously exempt under the provisions of Section 35-27 | 9 |
| shall be surveyed prior
to July 1, 1977 by an architect or | 10 |
| engineer licensed in the State of Illinois.
The architect or | 11 |
| engineer, using the document known as "Building Specifications
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| for Health and Safety in Public Schools" as a guide, shall make | 13 |
| a report of the
findings of the survey to the school board, | 14 |
| giving priority in that report to
fire safety problems and | 15 |
| recommendations thereon if any such problems exist.
The school | 16 |
| board of each district so surveyed and receiving a
report of | 17 |
| needed recommendations to be made to improve standards of | 18 |
| safety
and health of the pupils enrolled has until July 1, | 19 |
| 1970, or in case of
buildings not owned by the State of | 20 |
| Illinois and completed between January
1, 1955 and July 1, 1965 | 21 |
| or in the case of buildings previously exempt under
the | 22 |
| provisions of Section 35-27 has a period of 3 years after the | 23 |
| survey is
commenced, to effectuate those recommendations, | 24 |
| giving first attention to the
recommendations in the survey | 25 |
| report having priority status, and is authorized
to levy the | 26 |
| tax provided for in Section 17-2.11, according to the | 27 |
| provisions of
that Section, to make such improvements. School | 28 |
| boards unable to effectuate
those recommendations prior to July | 29 |
| 1, 1970, on July 1, 1980 in the case of
buildings previously | 30 |
| exempt under the provisions of Section 35-27, may petition
the | 31 |
| State Superintendent of Education upon the recommendation of | 32 |
| the Regional
Superintendent for an extension of time. The | 33 |
| extension of time may be granted
by the State Superintendent of | 34 |
| Education for a period of one year, but may be
extended from |
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| year to year provided substantial progress, in the opinion of | 2 |
| the
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 this | 5 |
| Code or an applicable code may
supersede this requirement.
For | 6 |
| routine inspections, the State Fire Marshal or a qualified fire | 7 |
| official to whom the State Fire Marshal has delegated his or | 8 |
| her authority
officials shall
notify the Regional | 9 |
| Superintendent, the district superintendent, and
provide | 10 |
| written notice to the principal of the school in advance to | 11 |
| schedule
a mutually agreed upon time for the fire safety check. | 12 |
| However, no more than
2 routine inspections may be made in a | 13 |
| calendar year.
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| Within 2 years after the effective date of this amendatory | 15 |
| Act of 1983,
and every 10 years thereafter, or at such other | 16 |
| times as the State Board of
Education deems necessary or the | 17 |
| regional superintendent so orders, each school
board subject to | 18 |
| the provisions of this Section shall again survey its school
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| buildings and effectuate any recommendations in accordance | 20 |
| with the procedures
set forth herein. An architect or engineer | 21 |
| licensed in the State of Illinois is
required to conduct the | 22 |
| surveys under the provisions of this Section and shall
make a | 23 |
| report of the findings of the survey titled "safety survey | 24 |
| report" to
the school board. The school board shall approve the | 25 |
| safety survey report,
including any recommendations to | 26 |
| effectuate compliance with the code, and
submit it to the | 27 |
| Regional Superintendent. The Regional Superintendent shall
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| render a decision regarding approval or denial and submit the | 29 |
| safety survey
report to the State Superintendent of Education. | 30 |
| The State Superintendent of
Education shall approve or deny the | 31 |
| report including recommendations to
effectuate compliance with | 32 |
| the code and, if approved, issue a certificate of
approval. | 33 |
| Upon receipt of the certificate of approval, the Regional
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| Superintendent shall issue an order to effect any approved |
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| recommendations
included in the report. Items in the report | 2 |
| shall be prioritized. Urgent
items shall be considered as those | 3 |
| items related to life safety problems that
present an immediate | 4 |
| hazard to the safety of students. Required items shall be
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| considered as those items that are necessary for a safe | 6 |
| environment but present
less of an immediate hazard to the | 7 |
| safety of students. Urgent and required
items shall reference a | 8 |
| specific rule in the code authorized by this Section
that is | 9 |
| currently being violated or will be violated within the next 12 | 10 |
| months
if the violation is not remedied. The school board of | 11 |
| each district so
surveyed and receiving a report of needed | 12 |
| recommendations to be made to
maintain standards of safety and | 13 |
| health of the pupils enrolled shall effectuate
the correction | 14 |
| 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 | 16 |
| of the State
Superintendent of Education's approval of the | 17 |
| recommendation.
Required items shall be corrected in a timely | 18 |
| manner, but in
no case more than 5 years from the date of the | 19 |
| State Superintendent
of
Education's approval of the | 20 |
| recommendation. Once each year the school
board shall submit a | 21 |
| report of progress on completion of any
recommendations to | 22 |
| effectuate compliance with the code. For each year that the
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| school board does not effectuate any or all approved | 24 |
| recommendations, it shall
petition the Regional Superintendent | 25 |
| and the State Superintendent of Education
detailing what work | 26 |
| 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 | 28 |
| Regional
Superintendent and the State Superintendent of | 29 |
| Education substantial progress
has been made and just cause has | 30 |
| been shown by the school board, the petition
for a one year | 31 |
| extension of time may be approved.
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| As soon as practicable, but not later than 2 years after | 33 |
| the effective date
of this amendatory Act of 1992, the State | 34 |
| Board of Education shall combine
the document known as |
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| "Efficient and Adequate Standards for the Construction of
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| Schools" with the document known as "Building Specifications | 3 |
| for Health and
Safety in Public Schools" together with any | 4 |
| modifications or additions that may
be deemed necessary. The | 5 |
| combined document shall be known as the "Health/Life
Safety | 6 |
| Code for Public Schools" and shall be the governing code for | 7 |
| all
facilities that house public school students or are | 8 |
| otherwise used for public
school purposes, whether such | 9 |
| facilities are permanent or temporary and
whether they are | 10 |
| 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 | 12 |
| house public
school students or are not used for public school | 13 |
| purposes shall be
governed by separate provisions within the | 14 |
| code authorized by this Section.
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| The 10 year survey cycle specified in this Section shall | 16 |
| continue to
apply based upon the standards contained in the | 17 |
| "Health/Life Safety Code
for Public Schools", which shall | 18 |
| specify building standards for buildings that
are constructed | 19 |
| 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 | 22 |
| the governing code
for public schools; however, the provisions | 23 |
| of this Section shall not preclude
inspection of school | 24 |
| premises and buildings pursuant to Section 9 of the Fire
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| Investigation Act, provided that the provisions of the | 26 |
| "Health/Life Safety Code
for Public Schools", or such | 27 |
| predecessor document authorized by this Section as
may be | 28 |
| applicable are used, and provided that those inspections are | 29 |
| coordinated
with the Regional Superintendent having | 30 |
| jurisdiction over the public school
facility.
Nothing in this | 31 |
| Section shall be construed to prohibit the State Fire Marshal | 32 |
| or a qualified
a local fire official to whom the State Fire | 33 |
| Marshal has delegated his or her authority
department, fire | 34 |
| protection district, or the Office of the State Fire Marshal
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| from
conducting a fire safety check in a public school. The | 2 |
| Regional Superintendent shall address any violations that are | 3 |
| not corrected in a timely manner pursuant to subsection (b) of | 4 |
| Section 3-14.21 of this Code.
Upon being notified by a
fire | 5 |
| official that corrective action must be taken
to resolve a | 6 |
| violation, the school board shall take corrective action within
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| one year. However, violations that present imminent danger must | 8 |
| be
addressed immediately.
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| Any agency having jurisdiction beyond the scope of the | 10 |
| applicable
document authorized by this Section may issue a | 11 |
| lawful order to a school board
to effectuate recommendations, | 12 |
| and the school board receiving the order shall
certify to the | 13 |
| 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 | 16 |
| rules that are
necessary relating to the administration and | 17 |
| enforcement of the provisions of
this Section. The code | 18 |
| authorized by this Section shall apply only to those
school | 19 |
| districts having a population of less than 500,000 inhabitants.
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| In this Section, a "qualified fire official" means an | 21 |
| individual that meets the requirements of rules adopted by the | 22 |
| State Fire Marshal in cooperation with the State Board of | 23 |
| Education to administer this Section. These rules shall be | 24 |
| based on recommendations made by the task force established | 25 |
| under Section 2-3.137 of this Code.
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| (Source: P.A. 92-593, eff. 1-1-03.)"; and
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| on page 2, immediately below line 17, by inserting the | 28 |
| following: | 29 |
| " (13) A person appointed by the State Fire Marshal from | 30 |
| his or her office. | 31 |
| (14) A person appointed by an organization | 32 |
| representing fire chiefs. | 33 |
| (15) The Director of Public Health or his or her |
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| designee. | 2 |
| (16) A person appointed by an organization | 3 |
| representing structural engineers. | 4 |
| (17) A person appointed by an organization | 5 |
| representing professional engineers. "; and | 6 |
| on page 2, line 19, by replacing " June 30, 2005 " with " January | 7 |
| 1, 2006 "; and | 8 |
| on page 4, immediately below line 4, by inserting the | 9 |
| following:
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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 | 13 |
| all
public
schools under his or her supervision and notify the | 14 |
| board of education, or the
trustees of schools in a district | 15 |
| with trustees, in writing before July 30,
whether or not the | 16 |
| several schools in their district have been kept as required
by | 17 |
| law, using forms provided by the State Board of Education which | 18 |
| are based on
the Health/Life Safety Code for Public Schools | 19 |
| adopted under Section 2-3.12. The regional
superintendent | 20 |
| shall report his or her findings to the State Board of
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| Education on
forms provided by the State Board of Education.
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| (b) If the regional superintendent determines that a school | 23 |
| board has
failed in a timely manner to correct urgent items | 24 |
| identified in a previous
life-safety report completed under | 25 |
| Section 2-3.12 or as otherwise previously
ordered by the | 26 |
| regional superintendent, the regional superintendent shall | 27 |
| order
the school board to adopt and submit to the regional | 28 |
| superintendent a plan for
the immediate correction of the | 29 |
| building violations. This plan shall be
adopted following a | 30 |
| public hearing that is conducted by the school board on the
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| violations and the plan and that is preceded by at least 7 |
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| days' prior notice
of the hearing published in
a newspaper of | 2 |
| general circulation within the school district. If the regional
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| superintendent determines in the next annual inspection that | 4 |
| the plan has not
been completed and that the violations have | 5 |
| not been corrected, the regional
superintendent shall submit a | 6 |
| report to the State Board of Education with a
recommendation | 7 |
| that the State Board withhold from payments of general State | 8 |
| aid
due to the district an amount necessary to correct the | 9 |
| outstanding violations.
The State Board, upon notice to the | 10 |
| school board
and to the regional superintendent, shall consider | 11 |
| the report at a meeting of
the State Board, and may order that | 12 |
| a sufficient amount of general State aid be
withheld from | 13 |
| payments due to the district to correct the violations. This
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| amount shall be paid to the regional superintendent who shall | 15 |
| contract on
behalf of the school board for the correction of | 16 |
| the outstanding violations.
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| (c) The Office of the State Fire Marshal or a qualified | 18 |
| fire official, as defined in Section 2-3.12 of this Code, to | 19 |
| whom the State Fire Marshal has delegated his or her authority | 20 |
| shall conduct an annual fire safety inspection of each school | 21 |
| building in this State. The State Fire Marshal or the fire | 22 |
| official shall coordinate its inspections with the regional | 23 |
| superintendent. The inspection shall be based on the fire | 24 |
| safety code authorized in Section 2-3.12 of this Code. Any | 25 |
| violations shall be reported in writing to the regional | 26 |
| superintendent and school board and shall reference the | 27 |
| specific code sections where a discrepancy has been identified | 28 |
| within 15 days after the inspection has been conducted. The | 29 |
| regional superintendent shall address those violations that | 30 |
| are not corrected in a timely manner pursuant to subsection (b) | 31 |
| of this Section. The inspection must be at no cost to the | 32 |
| school district.
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| (Source: P.A. 90-464, eff. 8-17-97.)".
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