HB3641 EngrossedLRB103 30390 HLH 56820 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Capital Development Board Act is amended by
5changing Section 10.09-1 and by adding Section 10.19 as
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
10constructed commercial building in a non-building code
11jurisdiction 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
7municipality or county having jurisdiction that has registered
8its adopted building code with the Board as required by
9Section 55 of the Illinois Building Commission Act.
10    (c) The qualification requirements of this Section do not
11apply to building enforcement personnel employed by
12jurisdictions as defined in subsection (b).
13    (d) For purposes of this Section:
14    "Commercial building" means any building other than a
15single-family home or a dwelling containing 2 or fewer
16apartments, condominiums, or townhomes or a farm building as
17exempted from Section 3 of the Illinois Architecture Practice
18Act of 1989.
19    "Newly constructed commercial building" means any
20commercial building for which original construction has
21commenced on or after July 1, 2011.
22    "Non-building code jurisdiction" means any area of the
23State not subject to a building code imposed by either a county
24or municipality.
25    "Qualified inspector" means an individual qualified by the
26State of Illinois, certified by a nationally recognized



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1building official certification organization, qualified by an
2apprentice program certified by the Bureau of Apprentice
3Training, or who has filed verification of inspection
4experience according to rules adopted by the Board for the
5purposes of conducting inspections in non-building code
7    (e) New residential construction is exempt from this
8Section and is defined as any original construction of a
9single-family home or a dwelling containing 2 or fewer
10apartments, condominiums, or townhomes in accordance with the
11Illinois Residential Building Code Act.
12    (f) Except as provided in Section 10.19, local Local
13governments may establish agreements with other governmental
14entities within the State to issue permits and enforce
15building codes and may hire third-party providers that are
16qualified in accordance with this Section to provide
17inspection services.
18    (g) This Section does not regulate any other statutorily
19authorized code or regulation administered by State agencies.
20These include without limitation the Illinois Plumbing Code,
21the Illinois Environmental Barriers Act, the International
22Energy Conservation Code, and administrative rules adopted by
23the 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,
3reconstruction, improvement, or installation of State
5    (a) Notwithstanding any other provision of law, ordinances
6of units of local government may not be enforced against the
7construction, reconstruction, improvement, or installation of
8State facilities and units of local government cannot require
9payment of permitting fees or require permit inspections for
10the construction, reconstruction, improvement, or installation
11of State facilities.
12    (b) This Section applies to construction, reconstruction,
13improvement, or installation projects that are ongoing on the
14effective date of this amendatory Act of the 103rd General
15Assembly and to all projects started on or after the effective
16date of this amendatory Act of the 103rd General Assembly.
17    (c) The regulation of local ordinances, fees, and
18inspections affecting the construction, reconstruction,
19improvement, or installation of State facilities are exclusive
20powers and functions of the State. A home rule unit may not
21regulate how local ordinances, fees, and inspections affect
22the construction, reconstruction, improvement, or installation
23of State facilities. This Section is a denial and limitation
24of home rule powers and functions under subsection (h) of
25Section 6 of Article VII of the Illinois Constitution.
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.