Full Text of SB0256 94th General Assembly
SB0256 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0256
Introduced 2/3/2005, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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20 ILCS 3918/55 rep. |
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55 ILCS 5/5-1063 |
from Ch. 34, par. 5-1063 |
55 ILCS 5/5-1064 |
from Ch. 34, par. 5-1064 |
65 ILCS 5/1-2-3.1 rep. |
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Amends the Illinois Building Commission Act and the Illinois Municipal Code. Repeals provisions requiring certain municipalities and counties adopting a new building code or amending an existing building code to provide an identification of the code, by title and edition, or an identification of the amendment to the Commission for publication on the Internet through the State of Illinois website. Amends the Counties Code to make corresponding changes. Effective immediately.
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A BILL FOR
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SB0256 |
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LRB094 04277 MKM 34302 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| (20 ILCS 3918/55 rep.)
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| Section 5. The Illinois Building Commission Act is amended | 6 |
| by repealing Section 55. | 7 |
| Section 10. The Counties Code is amended by changing | 8 |
| Sections 5-1063 and 5-1064 as follows:
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| (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
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| Sec. 5-1063. Building construction, alteration and
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| maintenance. For the purpose of promoting and
safeguarding the | 12 |
| public health, safety, comfort and welfare, a county
board may | 13 |
| prescribe by resolution or ordinance reasonable
rules and | 14 |
| regulations (a) governing the construction and alteration of | 15 |
| all
buildings, structures and camps or parks accommodating | 16 |
| persons in house
trailers, house cars, cabins or tents and | 17 |
| parts and appurtenances thereof
and governing the maintenance | 18 |
| thereof in a condition reasonably safe from
hazards of fire, | 19 |
| explosion, collapse, electrocution, flooding,
asphyxiation, | 20 |
| contagion and the spread of infectious disease, where such
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| buildings, structures and camps or parks are located outside | 22 |
| the limits of
cities, villages and incorporated towns, but | 23 |
| excluding those for
agricultural purposes on farms including | 24 |
| farm residences, but any such
resolution or ordinance shall be | 25 |
| subject to any rule or regulation
heretofore or hereafter | 26 |
| adopted by the State Fire Marshal
pursuant to "An Act to | 27 |
| regulate the storage, transportation, sale and use
of gasoline | 28 |
| and volatile oils", approved June 28, 1919, as amended; (b) for
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| prohibiting the use for residential purposes of buildings and | 30 |
| structures
already erected or moved into position which do not | 31 |
| comply with such rules
and regulations; and (c) for the |
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SB0256 |
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LRB094 04277 MKM 34302 b |
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| restraint, correction and abatement of any
violations.
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| In addition, the county board may by resolution or | 3 |
| ordinance require
that each occupant of an industrial or | 4 |
| commercial building located outside
the limits of cities, | 5 |
| villages and incorporated towns obtain an occupancy
permit | 6 |
| issued by the county. Such permit may be valid for the duration | 7 |
| of
the occupancy or for a specified period of time, and shall | 8 |
| be valid only
with respect to the occupant to which it is | 9 |
| issued.
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| Within 30 days after its adoption, such resolution or | 11 |
| ordinance shall be
printed in book or pamphlet form, published | 12 |
| by authority of the County
Board; or it shall be published at | 13 |
| least once in a newspaper published and
having general | 14 |
| circulation in the county; or if no newspaper is published
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| therein, copies shall be posted in at least 4 conspicuous | 16 |
| places in each
township or Road District. No such resolution or | 17 |
| ordinance shall take
effect until 10 days after it is published | 18 |
| or posted. Where such building
or camp or park rules and | 19 |
| regulations have been published previously in
book or pamphlet | 20 |
| form, the resolution or ordinance may provide for the
adoption | 21 |
| of such rules and regulations or portions thereof, by reference
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| thereto without further printing, publication or posting, | 23 |
| provided that not
less than 3 copies of such rules and | 24 |
| regulations in book or pamphlet form
shall have been filed, in | 25 |
| the office of the County Clerk, for use and
examination by the | 26 |
| public for at least 30 days prior to the adoption
thereof by | 27 |
| the County Board.
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| Beginning on the effective date of this amendatory Act of | 29 |
| the 92nd General
Assembly,
any county adopting a new building | 30 |
| code or amending an existing
building code under this Section | 31 |
| must, at least 30 days before adopting the
building code or
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| amendment, provide an identification of the building code, by | 33 |
| title and
edition, or the amendment to the
Illinois Building
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| Commission for identification on the Internet.
For the purposes | 35 |
| of this Section, "building code" means any ordinance,
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| resolution, law,
housing or building code, or zoning ordinance |
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| that establishes construction
related activities
applicable to | 2 |
| structures in the county.
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| The violation of any rule or regulation adopted pursuant to | 4 |
| this Section ,
except for a violation of the provisions of this | 5 |
| amendatory Act of the 92nd
General Assembly and the rules and | 6 |
| regulations adopted under those
provisions,
shall be a petty | 7 |
| offense.
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| All rules and regulations enacted by resolution or | 9 |
| ordinance under the
provisions of this Section shall be | 10 |
| enforced by such officer of the county
as may be designated by | 11 |
| resolution of the County Board.
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| No such resolution or ordinance shall be enforced if it is | 13 |
| in conflict
with any law of this State or with any rule of the | 14 |
| Department of Public
Health.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
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| Sec. 5-1064. Buildings in certain counties of less than | 18 |
| 1,000,000
population. The county board in any county with a | 19 |
| population not in
excess of 1,000,000 located in the area | 20 |
| served by the Northeastern Illinois
Metropolitan Area Planning | 21 |
| Commission may prescribe by resolution or
ordinance reasonable | 22 |
| rules and regulations (a) governing the construction
and | 23 |
| alteration of all buildings and structures and parts and | 24 |
| appurtenances
thereof and governing the maintenance thereof in | 25 |
| a condition reasonably
safe from the hazards of fire, | 26 |
| explosion, collapse, contagion and the
spread of infectious | 27 |
| disease, but any such resolution or ordinance shall be
subject | 28 |
| to any rule or regulation now or hereafter adopted by the State
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| Fire Marshal pursuant to "An Act to regulate the storage,
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| transportation, sale and use of gasoline and volatile oils", | 31 |
| approved June
28, 1919, as amended, (b) for prohibiting the use | 32 |
| for residential purposes
of buildings and structures already | 33 |
| erected or moved into position which do
not comply with such | 34 |
| rules and regulations, and (c) for the restraint,
correction | 35 |
| and abatement of any violations. However, the county shall
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| exempt all municipalities located wholly or partly within the | 2 |
| county where
the municipal building code is equal to the county | 3 |
| regulation and where the
local authorities are enforcing the | 4 |
| municipal building code. Such rules and
regulations shall be | 5 |
| applicable throughout the county but this Section
shall not be | 6 |
| construed to prevent municipalities from establishing higher
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| standards nor shall such rules and regulations apply to the | 8 |
| construction or
alteration of buildings and structures used or | 9 |
| to be used for agricultural
purposes and located upon a tract | 10 |
| of land which is zoned and used for
agricultural purposes.
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| In the adoption of rules and regulations under this Section | 12 |
| the county
board shall be governed by the publication and | 13 |
| posting requirements set out
in Section 5-1063.
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| Beginning on the effective date of this amendatory Act of | 15 |
| the 92nd General
Assembly,
any county adopting a new building | 16 |
| code or amending an existing
building code under this Section | 17 |
| must, at least 30 days before adopting the
building code or
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| amendment, provide an identification of the building code, by | 19 |
| title and
edition, or the amendment to the
Illinois Building
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| Commission for identification on the Internet.
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| For the purposes of this Section, "building code" means any | 22 |
| ordinance,
resolution, law,
housing or building code, or zoning | 23 |
| ordinance that establishes construction
related activities
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| applicable to structures in the county.
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| Violation of any rule or regulation adopted pursuant to | 26 |
| this Section ,
except for a violation of the provisions of this | 27 |
| amendatory Act of the 92nd
General Assembly and the rules and | 28 |
| regulations adopted under those
provisions,
shall be deemed a | 29 |
| petty offense.
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| All rules and regulations enacted by resolution or | 31 |
| ordinance under the
provisions of this Section shall be | 32 |
| enforced by such officer of the county
as may be designated by | 33 |
| resolution of the county board.
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| (Source: P.A. 92-489, eff. 7-1-02.)
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| (65 ILCS 5/1-2-3.1 rep.)
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| Section 15. The Illinois Municipal Code is amended by | 2 |
| repealing Section 1-2-3.1.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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