Full Text of HB1594 97th General Assembly
HB1594 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1594 Introduced 2/15/2011, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/2-3.12 | from Ch. 122, par. 2-3.12 |
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Amends the School Code. Makes a technical change in a Section concerning a
school building code.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 2-3.12 as follows:
| 6 | | (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
| 7 | | Sec. 2-3.12. School building code. | 8 | | (a) To prepare for school boards with the
the
advice of the | 9 | | Department of Public Health, the Capital Development Board, and
| 10 | | the State Fire Marshal a school building code that will | 11 | | conserve the health and
safety and general welfare of the | 12 | | pupils and school personnel and others who
use public school | 13 | | facilities. | 14 | | (b) Within 2 years after September 23, 1983,
and every 10 | 15 | | years thereafter, or at such other times as the State Board of
| 16 | | Education deems necessary or the regional superintendent so | 17 | | orders, each school
board subject to the provisions of this | 18 | | Section shall again survey its school
buildings and effectuate | 19 | | any recommendations in accordance with the procedures
set forth | 20 | | herein. | 21 | | (1) An architect or engineer licensed in the State of | 22 | | Illinois is
required to conduct the surveys under the | 23 | | provisions of this Section and shall
make a report of the |
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| 1 | | findings of the survey titled "safety survey report" to
the | 2 | | school board. | 3 | | (2) The school board shall approve the safety survey | 4 | | report,
including any recommendations to effectuate | 5 | | compliance with the code, and
submit it to the Regional | 6 | | Superintendent. | 7 | | (3) The Regional Superintendent shall
render a | 8 | | decision regarding approval or denial and submit the safety | 9 | | survey
report to the State Superintendent of Education. | 10 | | (4) The State Superintendent of
Education shall | 11 | | approve or deny the report including recommendations to
| 12 | | effectuate compliance with the code and, if approved, issue | 13 | | a certificate of
approval. | 14 | | (5) Upon receipt of the certificate of approval, the | 15 | | Regional
Superintendent shall issue an order to effect any | 16 | | approved recommendations
included in the report. The | 17 | | report shall meet all of the following requirements:
| 18 | | (A) Items in the report shall be prioritized. | 19 | | (B) Urgent
items shall be considered as those items | 20 | | related to life safety problems that
present an | 21 | | immediate hazard to the safety of students. | 22 | | (C) Required items shall be
considered as those | 23 | | items that are necessary for a safe environment but | 24 | | present
less of an immediate hazard to the safety of | 25 | | students. | 26 | | (D) Urgent and required
items shall reference a |
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| 1 | | specific rule in the code authorized by this Section
| 2 | | that is currently being violated or will be violated | 3 | | within the next 12 months
if the violation is not | 4 | | remedied. | 5 | | (6) The school board of each district so
surveyed and | 6 | | receiving a report of needed recommendations to be made to
| 7 | | maintain standards of safety and health of the pupils | 8 | | enrolled shall effectuate
the correction of urgent items as | 9 | | soon as achievable to ensure the safety of
the students, | 10 | | but in no case more than one year after the date of the | 11 | | State
Superintendent of Education's approval of the | 12 | | recommendation. | 13 | | (7)
Required items shall be corrected in a timely | 14 | | manner, but in
no case more than 5 years from the date of | 15 | | the State Superintendent
of
Education's approval of the | 16 | | recommendation. | 17 | | (8) Once each year the school
board shall submit a | 18 | | report of progress on completion of any
recommendations to | 19 | | effectuate compliance with the code.
| 20 | | (c) As soon as practicable, but not later than 2 years | 21 | | after January 1, 1993, the State Board of Education shall | 22 | | combine
the document known as "Efficient and Adequate Standards | 23 | | for the Construction of
Schools" with the document known as | 24 | | "Building Specifications for Health and
Safety in Public | 25 | | Schools" together with any modifications or additions that may
| 26 | | be deemed necessary. The combined document shall be known as |
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| 1 | | the "Health/Life
Safety Code for Public Schools" and shall be | 2 | | the governing code for all
facilities that house public school | 3 | | students or are otherwise used for public
school purposes, | 4 | | whether such facilities are permanent or temporary and
whether | 5 | | they are owned, leased, rented, or otherwise used by the | 6 | | district.
Facilities owned by a school district but that are | 7 | | not used to house public
school students or are not used for | 8 | | public school purposes shall be
governed by separate provisions | 9 | | within the code authorized by this Section.
| 10 | | (d) The 10 year survey cycle specified in this Section | 11 | | shall continue to
apply based upon the standards contained in | 12 | | the "Health/Life Safety Code
for Public Schools", which shall | 13 | | specify building standards for buildings that
are constructed | 14 | | prior to January 1, 1993 and
for buildings that are constructed | 15 | | after that date.
| 16 | | (e) The "Health/Life Safety Code for Public Schools" shall | 17 | | be the governing code
for public schools; however, the | 18 | | provisions of this Section shall not preclude
inspection of | 19 | | school premises and buildings pursuant to Section 9 of the Fire
| 20 | | Investigation Act, provided that the provisions of the | 21 | | "Health/Life Safety Code
for Public Schools", or such | 22 | | predecessor document authorized by this Section as
may be | 23 | | applicable are used, and provided that those inspections are | 24 | | coordinated
with the Regional Superintendent having | 25 | | jurisdiction over the public school
facility.
| 26 | | (f) Nothing in this Section shall be construed to prohibit |
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| 1 | | the State Fire Marshal or a qualified fire official to whom the | 2 | | State Fire Marshal has delegated his or her authority
from
| 3 | | conducting a fire safety check in a public school. | 4 | | (g) The Regional Superintendent shall address any | 5 | | violations that are not corrected in a timely manner pursuant | 6 | | to subsection (b) of Section 3-14.21 of this Code.
| 7 | | (h) Any agency having jurisdiction beyond the scope of the | 8 | | applicable
document authorized by this Section may issue a | 9 | | lawful order to a school board
to effectuate recommendations, | 10 | | and the school board receiving the order shall
certify to the | 11 | | Regional Superintendent and the State Superintendent of
| 12 | | Education when it has complied with the order.
| 13 | | (i) The State Board of Education is authorized to adopt any | 14 | | rules that are
necessary relating to the administration and | 15 | | enforcement of the provisions of
this Section. | 16 | | (j) The code authorized by this Section shall apply only to | 17 | | those
school districts having a population of less than 500,000 | 18 | | inhabitants.
| 19 | | (k) In this Section, a "qualified fire official" means an | 20 | | individual that meets the requirements of rules adopted by the | 21 | | State Fire Marshal in cooperation with the State Board of | 22 | | Education to administer this Section. These rules shall be | 23 | | based on recommendations made by the task force established | 24 | | under Section 2-3.137 of this Code.
| 25 | | (Source: P.A. 94-225, eff. 7-14-05; 94-875, eff. 7-1-06; | 26 | | 94-1105, eff. 6-1-07; 95-876, eff. 8-21-08.) |
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