Full Text of SB0461 103rd General Assembly
SB0461 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0461 Introduced 2/2/2023, by Sen. Don Harmon 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, | 10 | | and
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 | 20 | | forth 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
| 2 | | the 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 | 9 | | safety survey
report to the State Superintendent of | 10 | | Education. | 11 | | (4) The State Superintendent of
Education shall | 12 | | approve or deny the report including recommendations to
| 13 | | effectuate compliance with the code and, if approved, | 14 | | issue a certificate of
approval. | 15 | | (5) Upon receipt of the certificate of approval, the | 16 | | Regional
Superintendent shall issue an order to effect any | 17 | | approved recommendations
included in the report. The | 18 | | report shall meet all of the following requirements:
| 19 | | (A) Items in the report shall be prioritized. | 20 | | (B) Urgent
items shall be considered as those | 21 | | items related to life safety problems that
present an | 22 | | immediate hazard to the safety of students. | 23 | | (C) Required items shall be
considered as those | 24 | | items that are necessary for a safe environment but | 25 | | present
less of an immediate hazard to the safety of | 26 | | students. |
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| 1 | | (D) Urgent and required
items shall reference a | 2 | | specific rule in the code authorized by this Section
| 3 | | that is currently being violated or will be violated | 4 | | within the next 12 months
if the violation is not | 5 | | remedied. | 6 | | (6) The school board of each district so
surveyed and | 7 | | receiving a report of needed recommendations to be made to
| 8 | | maintain standards of safety and health of the pupils | 9 | | enrolled shall effectuate
the correction of urgent items | 10 | | as soon as achievable to ensure the safety of
the | 11 | | students, but in no case more than one year after the date | 12 | | of the State
Superintendent of Education's approval of the | 13 | | recommendation. | 14 | | (7)
Required items shall be corrected in a timely | 15 | | manner, but in
no case more than 5 years from the date of | 16 | | the State Superintendent
of
Education's approval of the | 17 | | recommendation. | 18 | | (8) Once each year the school
board shall submit a | 19 | | report of progress on completion of any
recommendations to | 20 | | effectuate compliance with the code.
| 21 | | (c) As soon as practicable, but not later than 2 years | 22 | | after January 1, 1993, the State Board of Education shall | 23 | | combine
the document known as "Efficient and Adequate | 24 | | Standards for the Construction of
Schools" with the document | 25 | | known as "Building Specifications for Health and
Safety in | 26 | | Public Schools" together with any modifications or additions |
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| 1 | | that may
be deemed necessary. The combined document shall be | 2 | | known as the "Health/Life
Safety Code for Public Schools" and | 3 | | shall be the governing code for all
facilities that house | 4 | | public school students or are otherwise used for public
school | 5 | | purposes, whether such facilities are permanent or temporary | 6 | | and
whether they are owned, leased, rented, or otherwise used | 7 | | by the district.
Facilities owned by a school district but | 8 | | that are not used to house public
school students or are not | 9 | | used for public school purposes shall be
governed by separate | 10 | | provisions within the code authorized by this Section.
| 11 | | (d) The 10 year survey cycle specified in this Section | 12 | | shall continue to
apply based upon the standards contained in | 13 | | the "Health/Life Safety Code
for Public Schools", which shall | 14 | | specify building standards for buildings that
are constructed | 15 | | prior to January 1, 1993 and
for buildings that are | 16 | | constructed after that date.
| 17 | | (e) The "Health/Life Safety Code for Public Schools" shall | 18 | | be the governing code
for public schools; however, the | 19 | | provisions of this Section shall not preclude
inspection of | 20 | | school premises and buildings pursuant to Section 9 of the | 21 | | Fire
Investigation Act, provided that the provisions of the | 22 | | "Health/Life Safety Code
for Public Schools", or such | 23 | | predecessor document authorized by this Section as
may be | 24 | | applicable are used, and provided that those inspections are | 25 | | coordinated
with the Regional Superintendent having | 26 | | jurisdiction over the public school
facility.
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| 1 | | (e-5) After the effective date of this amendatory Act of | 2 | | the 98th General Assembly, all new school building | 3 | | construction governed by the "Health/Life Safety Code for | 4 | | Public Schools" must include in its design and construction a | 5 | | storm shelter that meets the minimum requirements of the | 6 | | ICC/NSSA Standard for the Design and Construction of Storm | 7 | | Shelters (ICC-500), published jointly by the International | 8 | | Code Council and the National Storm Shelter Association. | 9 | | Nothing in this subsection (e-5) precludes the design | 10 | | engineers, architects, or school district from applying a | 11 | | higher life safety standard than the ICC-500 for storm | 12 | | shelters. | 13 | | (f) Nothing in this Section shall be construed to prohibit | 14 | | the State Fire Marshal or a qualified fire official to whom the | 15 | | State Fire Marshal has delegated his or her authority
from
| 16 | | conducting a fire safety check in a public school. | 17 | | (g) The Regional Superintendent shall address any | 18 | | violations that are not corrected in a timely manner pursuant | 19 | | to subsection (b) of Section 3-14.21 of this Code.
| 20 | | (h) Any agency having jurisdiction beyond the scope of the | 21 | | applicable
document authorized by this Section may issue a | 22 | | lawful order to a school board
to effectuate recommendations, | 23 | | and the school board receiving the order shall
certify to the | 24 | | Regional Superintendent and the State Superintendent of
| 25 | | Education when it has complied with the order.
| 26 | | (i) The State Board of Education is authorized to adopt |
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| 1 | | any rules that are
necessary relating to the administration | 2 | | and enforcement of the provisions of
this Section. | 3 | | (j) The code authorized by this Section shall apply only | 4 | | to those
school districts having a population of less than | 5 | | 500,000 inhabitants.
| 6 | | (k) In this Section, a "qualified fire official" means an | 7 | | individual that meets the requirements of rules adopted by the | 8 | | State Fire Marshal in cooperation with the State Board of | 9 | | Education to administer this Section. These rules shall be | 10 | | based on recommendations made by the task force established | 11 | | under Section 2-3.137 (now repealed) of this Code.
| 12 | | (Source: P.A. 98-883, eff. 1-1-15; 99-30, eff. 7-10-15.) |
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