Full Text of SB2368 103rd General Assembly
SB2368sam002 103RD GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/3/2023
| | 10300SB2368sam002 | | LRB103 25789 SPS 58214 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2368
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Capital Development Board Act is amended | 5 | | by changing Sections 10.09-1 and 10.18 as follows: | 6 | | (20 ILCS 3105/10.09-1) | 7 | | Sec. 10.09-1. Certification of inspection. | 8 | | (a) No After July 1, 2011, no person may occupy a newly | 9 | | constructed commercial building in a non-building code | 10 | | jurisdiction until: | 11 | | (1) The property owner or property owner's his or her | 12 | | agent has first contracted for the inspection of the | 13 | | building by an inspector who meets the qualifications | 14 | | established by the Board; and | 15 | | (2) The qualified inspector files a certification of | 16 | | inspection with the municipality or county having such |
| | | 10300SB2368sam002 | - 2 - | LRB103 25789 SPS 58214 a |
|
| 1 | | jurisdiction over the property indicating that the | 2 | | building complies meets compliance with all of the | 3 | | building codes adopted by the Board for non-building code | 4 | | jurisdictions based on the following: | 5 | | (A) to the extent they do not conflict with the | 6 | | codes and rules listed in subparagraphs (C) through | 7 | | (F), the The current edition or most recent preceding | 8 | | edition editions of the following codes published | 9 | | developed by the International Code Council: | 10 | | (i) the International Building Code , including | 11 | | Appendix G and excluding Chapters 11, 13, and 29 ; | 12 | | (ii) the International Existing Building Code; | 13 | | and | 14 | | (B) to the extent it does not conflict with the | 15 | | codes and rules listed in subparagraphs (C) through | 16 | | (F), the The current edition or most recent preceding | 17 | | edition of the National Electrical Code NFPA 70 | 18 | | published by the National Fire Protection | 19 | | Association; . | 20 | | (C) either: | 21 | | (i) The Energy Efficient Building Code adopted | 22 | | under Section 15 of the Energy Efficient Building | 23 | | Act; or | 24 | | (ii) The Illinois Stretch Energy Code adopted | 25 | | under Section 55 of the Energy Efficient Building | 26 | | Act; |
| | | 10300SB2368sam002 | - 3 - | LRB103 25789 SPS 58214 a |
|
| 1 | | (D) the Illinois Accessibility Code adopted under | 2 | | Section 4 of the Environmental Barriers Act; | 3 | | (E) the Illinois Plumbing Code adopted under | 4 | | Section 35 of the Illinois Plumbing License Law; and | 5 | | (F) the rules adopted in accordance with Section 9 | 6 | | of the Fire Investigation Act. | 7 | | (3) Once a building permit is issued, the applicable | 8 | | requirements that are in effect on January 1 of the | 9 | | calendar year when the building permit was applied for, | 10 | | or, where a building permit is not required, on January 1 | 11 | | of the calendar year when construction begins, shall be | 12 | | the only requirements that apply for the duration of the | 13 | | building permit or construction. | 14 | | (b) (Blank). This Section does not apply to any area in a | 15 | | municipality or county having jurisdiction that has registered | 16 | | its adopted building code with the Board as required by | 17 | | Section 55 of the Illinois Building Commission Act. | 18 | | (c) The qualification requirements of this Section do not | 19 | | apply to building enforcement personnel employed by a | 20 | | municipality or county who are acting in their official | 21 | | capacity jurisdictions as defined in subsection (b) . | 22 | | (d) For purposes of this Section: | 23 | | "Commercial building" means any building other than : (i) a | 24 | | single-family home or a dwelling containing 2 or fewer | 25 | | apartments, condominiums, or townhouses; townhomes or (ii) a | 26 | | farm building as exempted from Section 3 of the Illinois |
| | | 10300SB2368sam002 | - 4 - | LRB103 25789 SPS 58214 a |
|
| 1 | | Architecture Practice Act of 1989. | 2 | | "Newly constructed commercial building" means any | 3 | | commercial building for which original construction has | 4 | | commenced on or after July 1, 2011. | 5 | | "Non-building code jurisdiction" means any area of the | 6 | | State in a municipality or county having jurisdiction that: | 7 | | (i) has not adopted a building code; or (ii) is required to but | 8 | | has not identified its adopted building code to the Board | 9 | | under Section 10.18 of the Capital Development Board Act not | 10 | | subject to a building code imposed by either a county or | 11 | | municipality . | 12 | | "Qualified inspector" means an individual qualified by the | 13 | | State of Illinois, certified by a nationally recognized | 14 | | building official certification organization, qualified by an | 15 | | apprentice program certified by the Bureau of Apprentice | 16 | | Training, or who has filed verification of inspection | 17 | | experience according to rules adopted by the Board for the | 18 | | purposes of conducting inspections in non-building code | 19 | | jurisdictions. | 20 | | (e) Except as provided in Section 15 of the Illinois | 21 | | Residential Building Code Act, new New residential | 22 | | construction is exempt from this Section and is defined as any | 23 | | original construction of a single-family home or a dwelling | 24 | | containing 2 or fewer apartments,
condominiums, or townhouses | 25 | | townhomes in accordance with the Illinois Residential Building | 26 | | Code Act . |
| | | 10300SB2368sam002 | - 5 - | LRB103 25789 SPS 58214 a |
|
| 1 | | (f) Local governments may establish agreements with other | 2 | | governmental entities within the State to issue permits and | 3 | | enforce building codes and may hire third-party providers that | 4 | | are qualified in accordance with this Section to provide | 5 | | inspection services. | 6 | | (g) This Section does not limit the applicability of | 7 | | regulate any other statutorily authorized code or regulation | 8 | | administered by State agencies. These include without | 9 | | limitation the codes and regulations listed in subparagraphs | 10 | | (C) through (F) of paragraph (2) of subsection (a) Illinois | 11 | | Plumbing Code, the Illinois Environmental Barriers Act, the | 12 | | International Energy Conservation Code, and administrative | 13 | | rules adopted by the Office of the State Fire Marshal . | 14 | | (h) The changes to this Section made by this amendatory | 15 | | Act of the 103rd General Assembly shall apply beginning on | 16 | | July 1, 2024 This Section applies beginning July 1, 2011 .
| 17 | | (Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.) | 18 | | (20 ILCS 3105/10.18) | 19 | | Sec. 10.18. Identification of local building codes. | 20 | | (a) All municipalities with a population of less than | 21 | | 1,000,000 and all counties or a county adopting a new building | 22 | | code edition or amending an existing building code must, at | 23 | | least 30 days before adopting the effective date of the | 24 | | building code or amendment , identify provide an identification | 25 | | of the model code being adopted , by title and edition, and any |
| | | 10300SB2368sam002 | - 6 - | LRB103 25789 SPS 58214 a |
|
| 1 | | local amendments or the amendment to the Capital Development | 2 | | Board in writing . | 3 | | (b) No later than 180 days after the effective date of this | 4 | | amendatory Act of the 103rd General Assembly, all | 5 | | municipalities with a population of less than 1,000,000 and | 6 | | all counties that have adopted and are enforcing a building | 7 | | code must identify the adopted model code, by title and | 8 | | edition, and any local amendments, to the Board in writing. | 9 | | (c) For each municipality and county subject to this | 10 | | Section, the The Capital Development Board must identify the | 11 | | adopted model proposed code, by the title and edition, and | 12 | | note if any local amendments were adopted, and identify the | 13 | | date when this information was reported to the Board made to | 14 | | the public on the Board's public Capital Development Board | 15 | | website. | 16 | | (d) For the purposes of this Section, "building code" | 17 | | means a model building code adopted with or without local | 18 | | amendments to regulate regulating the construction or | 19 | | rehabilitation and maintenance of structures within the | 20 | | municipality or county. "Building code" does not include any | 21 | | zoning ordinance adopted under Division 13 of Article 11 of | 22 | | the Illinois Municipal Code or Division 5-12 of Article 5 of | 23 | | the Counties Code.
| 24 | | (e) Beginning July 1, 2024, any building code identified | 25 | | under subsection (a) or (b) must: | 26 | | (1) regulate the structural design of new buildings, |
| | | 10300SB2368sam002 | - 7 - | LRB103 25789 SPS 58214 a |
|
| 1 | | other than residential buildings, in a manner that is at | 2 | | least as stringent as the baseline building code; | 3 | | (2) regulate the structural design of rehabilitation | 4 | | work in existing buildings, other than residential | 5 | | buildings, in a manner that is at least as stringent as the | 6 | | baseline existing building code; and | 7 | | (3) regulate the structural design of residential | 8 | | buildings in a manner that is at least as stringent as the | 9 | | baseline residential code. | 10 | | In this subsection: | 11 | | "Baseline building code" means the edition of the | 12 | | International Building Code, including Appendix G, first | 13 | | published by the International Code Council during the current | 14 | | year or preceding 9 calendar years with the least restrictive | 15 | | provisions for structural design. | 16 | | "Baseline existing building code" means the edition of the | 17 | | International Existing Building Code first published by the | 18 | | International Code Council during the current year or | 19 | | preceding 9 calendar years with the least restrictive | 20 | | provisions for structural design. | 21 | | "Baseline residential code" means the edition of the | 22 | | International Residential Code for One- and Two-Family | 23 | | Dwellings first published by the International Code Council | 24 | | during the current year or preceding 9 calendar years with the | 25 | | least restrictive provisions for structural design. | 26 | | "Residential building" means a single-family home or a |
| | | 10300SB2368sam002 | - 8 - | LRB103 25789 SPS 58214 a |
|
| 1 | | dwelling containing 2 or fewer apartments, condominiums, or | 2 | | townhouses. | 3 | | "Structural design" means the capacity of a newly | 4 | | constructed structure or altered or repaired existing | 5 | | structure, including its foundation, to withstand forces, | 6 | | including, but not limited to, dead loads, live loads, snow | 7 | | loads, wind loads, soil loads and hydrostatic pressure, rain | 8 | | loads, and earthquake loads, and to resist flood damage. | 9 | | This subsection is a limitation under subsection (i) of | 10 | | Section 6 of Article VII of the Illinois Constitution on the | 11 | | concurrent exercise by home rule units of powers and functions | 12 | | exercised by the State. | 13 | | (f) On an annual basis, the Board shall send written | 14 | | notification to the corporate authorities of each municipality | 15 | | and county subject to this Section of their obligations under | 16 | | this Section. | 17 | | (Source: P.A. 99-639, eff. 7-28-16.) | 18 | | Section 10. The Illinois Residential Building
Code
Act is | 19 | | amended by changing Sections 10 and 15 as follows: | 20 | | (815 ILCS 670/10)
| 21 | | Sec. 10. Definitions. In this Act:
| 22 | | "International Residential Code" means the current edition | 23 | | or the most recent preceding edition of the International | 24 | | Residential Code for One- and Two-Family
One and Two Family |
| | | 10300SB2368sam002 | - 9 - | LRB103 25789 SPS 58214 a |
|
| 1 | | Dwellings published by the International Code Council, | 2 | | excluding Parts IV and VII as
now
or hereafter amended by the | 3 | | Council .
| 4 | | "New residential construction" means any original | 5 | | construction of a
single-family home or a dwelling containing | 6 | | 2 or fewer apartments,
condominiums,
or townhouses town | 7 | | houses .
| 8 | | "Non-building code jurisdiction" means any area of the | 9 | | State in a municipality or county having jurisdiction that: | 10 | | (i) has not adopted a residential building code; or (ii) is | 11 | | required to but has not identified its adopted residential | 12 | | building code to the Board under Section 10.18 of the Capital | 13 | | Development Board Act. | 14 | | "Residential building code" means a model code adopted by | 15 | | a municipality or county, with or without local amendments, to | 16 | | regulate the construction of an ordinance, resolution, law, | 17 | | housing or
building code, or zoning ordinance that | 18 | | establishes, for residential building
contractors, | 19 | | construction-related
activities
applicable to single-family or | 20 | | 2-family residential structures or townhouses within the | 21 | | municipality or county .
| 22 | | "Residential building contractor" means any individual, | 23 | | corporation, or
partnership that constructs a fixed building | 24 | | or structure for sale or use by
another as a residence or that, | 25 | | for a price, commission, fee, wage, or other
compensation, | 26 | | undertakes or offers to undertake the construction of any
|
| | | 10300SB2368sam002 | - 10 - | LRB103 25789 SPS 58214 a |
|
| 1 | | building or structure to be used by another as a residence, if | 2 | | the individual,
corporation, or partnership reasonably expects | 3 | | to earn a financial profit from
that activity.
| 4 | | (Source: P.A. 93-778, eff. 1-1-05.) | 5 | | (815 ILCS 670/15)
| 6 | | Sec. 15. Adoption of residential building code. A contract | 7 | | to build a home (1) in any non-building code jurisdiction | 8 | | municipality in this State that does not have a residential | 9 | | building code in effect or (2) in any portion of a county that | 10 | | is not located within a municipality and does not have a | 11 | | residential building code in effect must adopt as part of the | 12 | | construction contract the applicability of a residential | 13 | | building code that is agreed to by the home builder and the | 14 | | home purchaser as provided in this Section. The home builder | 15 | | and the home purchaser may agree to adopt the International | 16 | | Residential Code or any municipal residential building code or | 17 | | county residential building code that is in effect on the | 18 | | first day of construction in any county or municipality that | 19 | | is within 100 miles of the location of the new home. If the | 20 | | home builder and the home purchaser fail to agree to a | 21 | | residential building code or if no residential building code | 22 | | is stated in the contract, the code adopted under Section 15 of | 23 | | the Energy Efficient Building Act, the plumbing code | 24 | | promulgated by the Illinois Department of Public Health under | 25 | | Section 35 of the Illinois Plumbing License Law, the National |
| | | 10300SB2368sam002 | - 11 - | LRB103 25789 SPS 58214 a |
|
| 1 | | Electric Code as adopted by the American National Standards | 2 | | Institute, and the current edition of the International | 3 | | Residential Code shall, by law, be adopted as part of the | 4 | | construction contract.
| 5 | | (Source: P.A. 93-778, eff. 1-1-05.)".
|
|