Full Text of HB3641 103rd General Assembly
HB3641eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Capital Development Board Act is amended by | 5 | | changing Section 10.09-1 and by adding Section 10.19 as | 6 | | follows: | 7 | | (20 ILCS 3105/10.09-1) | 8 | | Sec. 10.09-1. Certification of inspection. | 9 | | (a) After July 1, 2011, no person may occupy a newly | 10 | | constructed commercial building in a non-building code | 11 | | jurisdiction until: | 12 | | (1) The property owner or his or her agent has first | 13 | | contracted for the inspection of the building by an | 14 | | inspector who meets the qualifications established by the | 15 | | Board; and | 16 | | (2) The qualified inspector files a certification of | 17 | | inspection with the municipality or county having such | 18 | | jurisdiction over the property indicating that the | 19 | | building meets compliance with the building codes adopted | 20 | | by the Board for non-building code jurisdictions based on | 21 | | the following: | 22 | | (A) The current edition or most recent preceding | 23 | | editions of the following codes developed by the |
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| 1 | | International Code Council: | 2 | | (i) International Building Code; | 3 | | (ii) International Existing Building Code; and | 4 | | (B) The current edition or most recent preceding | 5 | | edition of the National Electrical Code NFPA 70. | 6 | | (b) This Section does not apply to any area in a | 7 | | municipality or county having jurisdiction that has registered | 8 | | its adopted building code with the Board as required by | 9 | | Section 55 of the Illinois Building Commission Act. | 10 | | (c) The qualification requirements of this Section do not | 11 | | apply to building enforcement personnel employed by | 12 | | jurisdictions as defined in subsection (b). | 13 | | (d) For purposes of this Section: | 14 | | "Commercial building" means any building other than a | 15 | | single-family home or a dwelling containing 2 or fewer | 16 | | apartments, condominiums, or townhomes or a farm building as | 17 | | exempted from Section 3 of the Illinois Architecture Practice | 18 | | Act of 1989. | 19 | | "Newly constructed commercial building" means any | 20 | | commercial building for which original construction has | 21 | | commenced on or after July 1, 2011. | 22 | | "Non-building code jurisdiction" means any area of the | 23 | | State not subject to a building code imposed by either a county | 24 | | or municipality. | 25 | | "Qualified inspector" means an individual qualified by the | 26 | | State of Illinois, certified by a nationally recognized |
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| 1 | | building official certification organization, qualified by an | 2 | | apprentice program certified by the Bureau of Apprentice | 3 | | Training, or who has filed verification of inspection | 4 | | experience according to rules adopted by the Board for the | 5 | | purposes of conducting inspections in non-building code | 6 | | jurisdictions. | 7 | | (e) New residential construction is exempt from this | 8 | | Section and is defined as any original construction of a | 9 | | single-family home or a dwelling containing 2 or fewer | 10 | | apartments,
condominiums, or townhomes in accordance with the | 11 | | Illinois Residential Building Code Act. | 12 | | (f) Except as provided in Section 10.19, local Local | 13 | | governments may establish agreements with other governmental | 14 | | entities within the State to issue permits and enforce | 15 | | building codes and may hire third-party providers that are | 16 | | qualified in accordance with this Section to provide | 17 | | inspection services. | 18 | | (g) This Section does not regulate any other statutorily | 19 | | authorized code or regulation administered by State agencies. | 20 | | These include without limitation the Illinois Plumbing Code, | 21 | | the Illinois Environmental Barriers Act, the International | 22 | | Energy Conservation Code, and administrative rules adopted by | 23 | | the Office of the State Fire Marshal. | 24 | | (h) This Section applies beginning July 1, 2011.
| 25 | | (Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.) |
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| 1 | | (20 ILCS 3105/10.19 new) | 2 | | Sec. 10.19. Local regulation of construction, | 3 | | reconstruction, improvement, or installation of State | 4 | | facilities. | 5 | | (a) Notwithstanding any other provision of law, ordinances | 6 | | of units of local government may not be enforced against the | 7 | | construction, reconstruction, improvement, or installation of | 8 | | State facilities and units of local government cannot require | 9 | | payment of permitting fees or require permit inspections for | 10 | | the construction, reconstruction, improvement, or installation | 11 | | of State facilities. | 12 | | (b) This Section applies to construction, reconstruction, | 13 | | improvement, or installation projects that are ongoing on the | 14 | | effective date of this amendatory Act of the 103rd General | 15 | | Assembly and to all projects started on or after the effective | 16 | | date of this amendatory Act of the 103rd General Assembly. | 17 | | (c) The regulation of local ordinances, fees, and | 18 | | inspections affecting the construction, reconstruction, | 19 | | improvement, or installation of State facilities are exclusive | 20 | | powers and functions of the State. A home rule unit may not | 21 | | regulate how local ordinances, fees, and inspections affect | 22 | | the construction, reconstruction, improvement, or installation | 23 | | of State facilities. This Section is a denial and limitation | 24 | | of home rule powers and functions under subsection (h) of | 25 | | Section 6 of Article VII of the Illinois Constitution.
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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