Full Text of SB0837 94th General Assembly
SB0837sam001 94TH GENERAL ASSEMBLY
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Sen. Pamela J. Althoff
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 837
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| AMENDMENT NO. ______. Amend Senate Bill 837 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Building Commission Act is amended | 5 |
| by changing Section 55 as follows:
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| (20 ILCS 3918/55)
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| Sec. 55. Identification of local building codes. Beginning | 8 |
| on the
effective
date of this
amendatory Act of the 92nd | 9 |
| General Assembly, a municipality with a population
of less than | 10 |
| 1,000,000 or a county
adopting a new
building code or amending | 11 |
| an existing building code may
must , at least 30 days
before
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| adopting the code or
amendment, provide an identification of | 13 |
| the code, by title and edition, or the
amendment to the
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| Commission. The
Commission
must identify the proposed code, by | 15 |
| the title and edition, or the amendment to
the public on the | 16 |
| Internet
through the State of
Illinois World
Wide Web site.
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| The Commission may adopt any rules necessary to implement | 18 |
| this Section.
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| For the purposes of this Section, "building code" means any | 20 |
| ordinance,
resolution, law,
housing or building code, or zoning | 21 |
| ordinance that establishes construction
related activities
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| applicable to structures
in a municipality or county, as the | 23 |
| case may be.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| Section 10. The Counties Code is amended by changing | 2 |
| Sections 5-1063 and 5-1064 as follows:
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| (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
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| Sec. 5-1063. Building construction, alteration and
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| maintenance. For the purpose of promoting and
safeguarding the | 6 |
| public health, safety, comfort and welfare, a county
board may | 7 |
| prescribe by resolution or ordinance reasonable
rules and | 8 |
| regulations (a) governing the construction and alteration of | 9 |
| all
buildings, structures and camps or parks accommodating | 10 |
| persons in house
trailers, house cars, cabins or tents and | 11 |
| parts and appurtenances thereof
and governing the maintenance | 12 |
| thereof in a condition reasonably safe from
hazards of fire, | 13 |
| explosion, collapse, electrocution, flooding,
asphyxiation, | 14 |
| contagion and the spread of infectious disease, where such
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| buildings, structures and camps or parks are located outside | 16 |
| the limits of
cities, villages and incorporated towns, but | 17 |
| excluding those for
agricultural purposes on farms including | 18 |
| farm residences, but any such
resolution or ordinance shall be | 19 |
| subject to any rule or regulation
heretofore or hereafter | 20 |
| adopted by the State Fire Marshal
pursuant to "An Act to | 21 |
| regulate the storage, transportation, sale and use
of gasoline | 22 |
| and volatile oils", approved June 28, 1919, as amended; (b) for
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| prohibiting the use for residential purposes of buildings and | 24 |
| structures
already erected or moved into position which do not | 25 |
| comply with such rules
and regulations; and (c) for the | 26 |
| restraint, correction and abatement of any
violations.
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| In addition, the county board may by resolution or | 28 |
| ordinance require
that each occupant of an industrial or | 29 |
| commercial building located outside
the limits of cities, | 30 |
| villages and incorporated towns obtain an occupancy
permit | 31 |
| issued by the county. Such permit may be valid for the duration | 32 |
| of
the occupancy or for a specified period of time, and shall |
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| be valid only
with respect to the occupant to which it is | 2 |
| issued.
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| Within 30 days after its adoption, such resolution or | 4 |
| ordinance shall be
printed in book or pamphlet form, published | 5 |
| by authority of the County
Board; or it shall be published at | 6 |
| least once in a newspaper published and
having general | 7 |
| circulation in the county; or if no newspaper is published
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| therein, copies shall be posted in at least 4 conspicuous | 9 |
| places in each
township or Road District. No such resolution or | 10 |
| ordinance shall take
effect until 10 days after it is published | 11 |
| or posted. Where such building
or camp or park rules and | 12 |
| regulations have been published previously in
book or pamphlet | 13 |
| form, the resolution or ordinance may provide for the
adoption | 14 |
| of such rules and regulations or portions thereof, by reference
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| thereto without further printing, publication or posting, | 16 |
| provided that not
less than 3 copies of such rules and | 17 |
| regulations in book or pamphlet form
shall have been filed, in | 18 |
| the office of the County Clerk, for use and
examination by the | 19 |
| public for at least 30 days prior to the adoption
thereof by | 20 |
| the County Board.
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| Beginning on the effective date of this amendatory Act of | 22 |
| the 92nd General
Assembly,
any county adopting a new building | 23 |
| code or amending an existing
building code under this Section | 24 |
| may
must , at least 30 days before adopting the
building code or
| 25 |
| amendment, provide an identification of the building code, by | 26 |
| title and
edition, or the amendment to the
Illinois Building
| 27 |
| Commission for identification on the Internet.
For the purposes | 28 |
| of this Section, "building code" means any ordinance,
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| resolution, law,
housing or building code, or zoning ordinance | 30 |
| that establishes construction
related activities
applicable to | 31 |
| structures in the county.
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| The violation of any rule or regulation adopted pursuant to | 33 |
| this Section ,
except for a violation of the provisions of this | 34 |
| amendatory Act of the 92nd
General Assembly and the rules and |
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| regulations adopted under those
provisions,
shall be a petty | 2 |
| offense.
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| All rules and regulations enacted by resolution or | 4 |
| ordinance under the
provisions of this Section shall be | 5 |
| enforced by such officer of the county
as may be designated by | 6 |
| resolution of the County Board.
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| No such resolution or ordinance shall be enforced if it is | 8 |
| in conflict
with any law of this State or with any rule of the | 9 |
| Department of Public
Health.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
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| Sec. 5-1064. Buildings in certain counties of less than | 13 |
| 1,000,000
population. The county board in any county with a | 14 |
| population not in
excess of 1,000,000 located in the area | 15 |
| served by the Northeastern Illinois
Metropolitan Area Planning | 16 |
| Commission may prescribe by resolution or
ordinance reasonable | 17 |
| rules and regulations (a) governing the construction
and | 18 |
| alteration of all buildings and structures and parts and | 19 |
| appurtenances
thereof and governing the maintenance thereof in | 20 |
| a condition reasonably
safe from the hazards of fire, | 21 |
| explosion, collapse, contagion and the
spread of infectious | 22 |
| disease, but any such resolution or ordinance shall be
subject | 23 |
| to any rule or regulation now or hereafter adopted by the State
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| Fire Marshal pursuant to "An Act to regulate the storage,
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| transportation, sale and use of gasoline and volatile oils", | 26 |
| approved June
28, 1919, as amended, (b) for prohibiting the use | 27 |
| for residential purposes
of buildings and structures already | 28 |
| erected or moved into position which do
not comply with such | 29 |
| rules and regulations, and (c) for the restraint,
correction | 30 |
| and abatement of any violations. However, the county shall
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| exempt all municipalities located wholly or partly within the | 32 |
| county where
the municipal building code is equal to the county | 33 |
| regulation and where the
local authorities are enforcing the |
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| municipal building code. Such rules and
regulations shall be | 2 |
| applicable throughout the county but this Section
shall not be | 3 |
| construed to prevent municipalities from establishing higher
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| standards nor shall such rules and regulations apply to the | 5 |
| construction or
alteration of buildings and structures used or | 6 |
| to be used for agricultural
purposes and located upon a tract | 7 |
| of land which is zoned and used for
agricultural purposes.
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| In the adoption of rules and regulations under this Section | 9 |
| the county
board shall be governed by the publication and | 10 |
| posting requirements set out
in Section 5-1063.
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| Beginning on the effective date of this amendatory Act of | 12 |
| the 92nd General
Assembly,
any county adopting a new building | 13 |
| code or amending an existing
building code under this Section | 14 |
| may
must , at least 30 days before adopting the
building code or
| 15 |
| amendment, provide an identification of the building code, by | 16 |
| title and
edition, or the amendment to the
Illinois Building
| 17 |
| Commission for identification on the Internet.
| 18 |
| For the purposes of this Section, "building code" means any | 19 |
| ordinance,
resolution, law,
housing or building code, or zoning | 20 |
| ordinance that establishes construction
related activities
| 21 |
| applicable to structures in the county.
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| Violation of any rule or regulation adopted pursuant to | 23 |
| this Section ,
except for a violation of the provisions of this | 24 |
| amendatory Act of the 92nd
General Assembly and the rules and | 25 |
| regulations adopted under those
provisions,
shall be deemed a | 26 |
| petty offense.
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| All rules and regulations enacted by resolution or | 28 |
| ordinance under the
provisions of this Section shall be | 29 |
| enforced by such officer of the county
as may be designated by | 30 |
| resolution of the county board.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| Section 15. The Illinois Municipal Code is amended by | 33 |
| changing Section 1-2-3.1 as follows:
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| (65 ILCS 5/1-2-3.1)
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| Sec. 1-2-3.1. Building codes. Beginning on the effective | 3 |
| date of this
amendatory Act of
the 92nd General Assembly, any | 4 |
| municipality with a population of less than
1,000,000 adopting | 5 |
| a new building code or
amending an
existing building code may
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| must , at least 30 days before adopting the code or
amendment,
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| provide an identification of
the code, by title and edition, or | 8 |
| the amendment to the Illinois Building
Commission for | 9 |
| identification on
the Internet.
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| For the purposes of this Section, "building code" means any | 11 |
| ordinance,
resolution, law,
housing or building code, or zoning | 12 |
| ordinance that establishes construction
related activities | 13 |
| applicable to structures
in the municipality.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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