Full Text of SB2654 95th General Assembly
SB2654sam002 95TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 4/10/2008
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LRB095 05383 RCE 49298 a |
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| AMENDMENT TO SENATE BILL 2654
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| AMENDMENT NO. ______. Amend Senate Bill 2654 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Capital Development Board Act is amended by | 5 |
| adding Section 10.09-1 as follows: | 6 |
| (20 ILCS 3105/10.09-1 new) | 7 |
| Sec. 10.09-1. Local government adoption of building code; | 8 |
| enforcement. | 9 |
| (a) A local government that does not have an adopted model | 10 |
| minimum building code shall adopt such a building code based | 11 |
| on: | 12 |
| (1) The most recently published editions of the | 13 |
| following codes developed by the International Code | 14 |
| Council: | 15 |
| (A) International Building Code. | 16 |
| (B) International Fire Code. |
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| (C) International Mechanical Code. | 2 |
| (D) International Fuel Gas Code. | 3 |
| (E) International Existing Building Code. | 4 |
| (F) International Property Maintenance Code. | 5 |
| (2) NFPA 70 National Electrical Code. | 6 |
| (3) State building codes and State agency rules, such | 7 |
| as the Illinois Plumbing Code and the Illinois | 8 |
| Accessibility Code, as well as the 2000 edition of NFPA 101 | 9 |
| Life Safety Code where adopted, or such other nationally | 10 |
| recognized model code as approved by the Capital | 11 |
| Development Board. | 12 |
| Additions, insertions, deletions, and changes allowed by | 13 |
| the code shall be determined by the local government. | 14 |
| (b) A person performing building code enforcement must be | 15 |
| qualified by the State of Illinois or certified by a nationally | 16 |
| recognized building official certification organization with | 17 |
| significant office presence in Illinois. The Illinois State | 18 |
| Board of Education rules for plan reviewers and building | 19 |
| inspectors shall be adapted by the Capital Development Board to | 20 |
| provide the requirements of this subsection. Local governments | 21 |
| may establish agreements with other governmental entities or | 22 |
| qualified third party providers within the State to issue | 23 |
| permits and enforce building codes in a consistent manner and | 24 |
| as required by this Section. | 25 |
| (c) Buildings constructed under the requirements of this | 26 |
| Section must be inspected in accordance with the codes in |
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| effect on the date of the issuance of the original building | 2 |
| permit. | 3 |
| (d) New residential construction is exempt from this | 4 |
| Section and is defined as any original construction of a | 5 |
| single-family home or a dwelling containing 2 or fewer | 6 |
| apartments, condominiums, or town houses in accordance with the | 7 |
| Illinois Residential Building Code Act. | 8 |
| (e) As used in this Section, "local government" means a | 9 |
| city, village, incorporated town, county, or fire protection | 10 |
| district. | 11 |
| (f) This Section applies beginning July 1, 2010.
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| Section 10. The Illinois Residential Building
Code
Act is | 13 |
| amended by changing Sections 10 and 15 as follows: | 14 |
| (815 ILCS 670/10)
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| Sec. 10. Definitions. In this Act:
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| " 2006 International Residential Code" means the 2006 | 17 |
| edition of the International Residential Code for
One and Two | 18 |
| Family Dwellings published by the International Code Council, | 19 |
| without amendment or appendices as
now
or hereafter amended by | 20 |
| the Council .
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| "New residential construction" means any original | 22 |
| construction of a
single-family home or a dwelling containing 2 | 23 |
| or fewer apartments,
condominiums,
or town houses.
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| "Residential building code" means an ordinance, |
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| resolution, law, housing or
building code, or zoning ordinance | 2 |
| that establishes, for residential building
contractors, | 3 |
| construction-related
activities
applicable to single-family or | 4 |
| 2-family residential structures.
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| "Residential building contractor" means any individual, | 6 |
| corporation, or
partnership that constructs a fixed building or | 7 |
| structure for sale or use by
another as a residence or that, | 8 |
| for a price, commission, fee, wage, or other
compensation, | 9 |
| undertakes or offers to undertake the construction of any
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| building or structure to be used by another as a residence, if | 11 |
| the individual,
corporation, or partnership reasonably expects | 12 |
| to earn a financial profit from
that activity.
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| (Source: P.A. 93-778, eff. 1-1-05.) | 14 |
| (815 ILCS 670/15)
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| Sec. 15. Adoption of building code. A contract to build a | 16 |
| home (1) in any municipality in this State that does not have a | 17 |
| residential building code in effect or (2) in any portion of a | 18 |
| county that is not located within a municipality and does not | 19 |
| have a residential building code in effect must adopt as part | 20 |
| of the construction contract the applicability of a residential | 21 |
| building code that is agreed to by the home builder and the | 22 |
| home purchaser as provided in this Section. The home builder | 23 |
| and the home purchaser may agree to adopt any municipal | 24 |
| residential building code or county residential building code | 25 |
| that is in effect on the first day of construction in any |
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| county or municipality that is within 100 miles of the location | 2 |
| of the new home. If the home builder and the home purchaser | 3 |
| fail to agree to a residential building code or if no | 4 |
| residential building code is stated in the contract, the | 5 |
| plumbing code promulgated by the Illinois Department of Public | 6 |
| Health under Section 35 of the Illinois Plumbing License Law, | 7 |
| the NFPA 70 National Electric Code as adopted by the American | 8 |
| National Standards Institute, and the 2006 International | 9 |
| Residential Code shall, by law, be adopted as part of the | 10 |
| construction contract.
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| (Source: P.A. 93-778, eff. 1-1-05.)".
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