SB0138sam001 96TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/5/2009

09600SB0138sam001 LRB096 02894 JAM 22981 a

AMENDMENT TO SENATE BILL 138

AMENDMENT NO. ______. Amend Senate Bill 138 by replacing everything after the enacting clause with the following:

"Section 5. The Capital Development Board Act is amended by adding Section 10.09-1 as follows:

(20 ILCS 3105/10.09-1 new)

Sec. 10.09-1. Local government adoption of building code; enforcement.

(a) Except in municipalities with a population over 500,000, a local government that does not have an adopted model minimum building code shall adopt such a building code based on all of the following:

(1) The 2006 or later editions of the following codes developed by the International Code Council:

(A) International Building Code,

(B) International Mechanical Code,

(C) International Existing Building Code, and

(D) International Property Maintenance Code.

(2) The 2008 edition of the National Electrical Code NFPA 70.

(3) Additions, insertions, deletions, and changes that enhance the level of safety provided by the model codes, as determined by the local government.

(b) A person performing building code enforcement in accordance with this Act must be qualified by the State of Illinois, certified by a nationally recognized building official certification organization, or have filed verification of inspection experience with the Capital Development Board, except that any qualification required by the State of Illinois shall take priority. Any individual so qualified under this subsection to offer inspection services shall verify to the Capital Development Board his or her status at the time of qualification or certification, renewable biennially.

Local governments may establish agreements with other governmental entities within the State to issue permits and enforce building codes in a consistent manner and as required by this Section. Local governments may hire third-party providers that are qualified in accordance with this Section to provide inspection services. A project owner or the owner's representative or manager of construction may contract with a qualified inspector and file the inspection documents with the appropriate unit of local government or use third-party providers if the unit of local government has such providers or has such providers under contract. Proof of inspection shall be filed before an occupancy permit is issued.

(c) Buildings constructed under the requirements of this Section must be inspected in accordance with the codes in effect on the date of the issuance of the original building permit.

(d) New residential construction is exempt from this Section and is defined as any original construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or town houses in accordance with the Illinois Residential Building Code Act.

(e) As used in this Section, "local government" means a city, village, incorporated town, county, or fire protection district.

(f) Each local government, other than a municipality over 500,000 population, shall provide notice of its adopted building code to the Capital Development Board, Division of Building Regulations, within 60 days after the effective date of this amendatory Act of the 96th General Assembly. The notice shall be electronic wherever possible and contain the division of government, the name of contact, and date of and codes modified or adopted.

(g) All other statutorily authorized codes and regulations administered by Illinois State agencies are exempt from this Section. These include but are not limited to: the Illinois Plumbing Code, the Illinois Environmental Barriers Act, the International Energy Conservation Code for Commercial Construction, and Administrative Rules adopted by the Office of the State Fire Marshal.

(h) Subsections (a), (b), (c), and (g) apply beginning July 1, 2011.".