Full Text of SB0138 96th General Assembly
SB0138eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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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 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. Adoption of building code; enforcement. | 8 |
| (a) After July 1, 2011, no person may occupy a newly | 9 |
| constructed commercial building in a non-building code | 10 |
| jurisdiction until: | 11 |
| (1) The property owner or his or her agent has first | 12 |
| contracted for the inspection of the building by an | 13 |
| inspector who meets the qualifications established by the | 14 |
| Board; and | 15 |
| (2) The qualified inspector files a certification of | 16 |
| inspection with the municipality or county having such | 17 |
| jurisdiction over the property indicating that the | 18 |
| building meets compliance with the building codes adopted | 19 |
| by the Board for non-building code jurisdictions based on | 20 |
| the following: | 21 |
| (A) The 2006 or later editions of the following | 22 |
| codes developed by the International Code Council: | 23 |
| (i) International Building Code; |
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| (ii) International Existing Building Code; and | 2 |
| (iii) International Property Maintenance Code. | 3 |
| (B) The 2008 or later edition of the National | 4 |
| Electrical Code NFPA 70. | 5 |
| (b) This Section does not apply to any area in a | 6 |
| municipality or county having jurisdiction that has registered | 7 |
| its adopted building code with the Board as required by Section | 8 |
| 55 of the Illinois Building Commission Act. | 9 |
| (c) The qualification requirements of this Section do not | 10 |
| apply to building enforcement personnel employed by | 11 |
| jurisdictions as defined in subsection (b). | 12 |
| (d) For purposes of this Section: | 13 |
| "Commercial building" means any building other than a | 14 |
| single-family home or a dwelling containing 2 or fewer | 15 |
| apartments, condominiums, or townhomes or a farm building as | 16 |
| exempted from Section 3 of the Illinois Architecture Practice | 17 |
| Act. | 18 |
| "Newly constructed commercial building" means any | 19 |
| commercial building for which original construction has | 20 |
| commenced on or after July 1, 2011. | 21 |
| "Non-building code jurisdiction" means any area of the | 22 |
| State not subject to a building code imposed by either a county | 23 |
| or municipality. | 24 |
| "Qualified inspector" means an individual qualified by the | 25 |
| State of Illinois, certified by a nationally recognized | 26 |
| building official certification organization, or who has filed |
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| verification of inspection experience according to rules | 2 |
| adopted by the Board for the purposes of conducting inspections | 3 |
| in non-building code jurisdictions. | 4 |
| (e) New residential construction is exempt from this | 5 |
| Section and is defined as any original construction of a | 6 |
| single-family home or a dwelling containing 2 or fewer | 7 |
| apartments,
condominiums, or townhomes in accordance with the | 8 |
| Illinois Residential Building Code Act. | 9 |
| (f) Local governments may establish agreements with other | 10 |
| governmental entities within the State to issue permits and | 11 |
| enforce building codes and may hire third-party providers that | 12 |
| are qualified in accordance with this Section to provide | 13 |
| inspection services. | 14 |
| (g) This Section does not regulate any other statutorily | 15 |
| authorized code or regulation administered by State agencies. | 16 |
| These include without limitation the Illinois Plumbing Code, | 17 |
| the Illinois Environmental Barriers Act, the International | 18 |
| Energy Conservation Code, and administrative rules adopted by | 19 |
| the Office of the State Fire Marshal. | 20 |
| (h) This Section applies beginning July 1, 2011. | 21 |
| Section 10. The Illinois Building Commission Act is amended | 22 |
| 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 |
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| on the
effective
date of this
amendatory Act of the 92nd | 2 |
| General Assembly, a municipality with a population
of less than | 3 |
| 1,000,000 or a county
adopting a new
building code or amending | 4 |
| an existing building code must, at least 30 days
before
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| adopting the code or
amendment, provide an identification of | 6 |
| the code, by title and edition, or the
amendment to the
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| Commission. The
Commission
must identify the proposed code, by | 8 |
| the title and edition, or the amendment to
the public on the | 9 |
| Internet
through the State of
Illinois World
Wide Web site.
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| A municipality with a population of less than 1,000,000 or | 11 |
| county shall provide notice of the title and editions of any | 12 |
| adopted building codes to the Capital Development Board, | 13 |
| Division of Building Codes
and Regulations, prior to July 1, | 14 |
| 2011. The notice shall be electronic whenever possible and also | 15 |
| contain the division of government, the name of contact, and | 16 |
| the date of the adoption of the codes. | 17 |
| 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 |
| municipal or county ordinance or resolution regulating the | 21 |
| construction and maintenance of all structures within the | 22 |
| municipality or county ordinance,
resolution, law,
housing or | 23 |
| building code, or zoning ordinance that establishes | 24 |
| construction
related activities
applicable to structures
in a | 25 |
| municipality or county, as the case may be .
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| (Source: P.A. 92-489, eff. 7-1-02.)
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