Full Text of HB5400 095th General Assembly
HB5400 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5400
Introduced , by Rep. Michael J. Madigan - Barbara Flynn Currie - Michael K. Smith SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.12 |
from Ch. 122, par. 2-3.12 |
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Amends the School Code. Makes technical changes in a Section concerning a
school building code.
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A BILL FOR
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HB5400 |
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LRB095 19348 NHT 45643 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 2-3.12 as follows:
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| (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
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| 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, and
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| 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. (now repealed)
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| (b) Within 2 years after September 23, 1983,
and every 10 | 15 |
| years thereafter, or at such other times as the State Board of
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| 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 forth | 20 |
| 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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LRB095 19348 NHT 45643 b |
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| findings of the survey titled "safety survey report" to
the | 2 |
| 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 safety | 9 |
| survey
report to the State Superintendent of Education. | 10 |
| (4) The State Superintendent of
Education shall | 11 |
| approve or deny the report including recommendations to
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| effectuate compliance with the code and, if approved, issue | 13 |
| a certificate of
approval. | 14 |
| (5) Upon receipt of the certificate of approval, the | 15 |
| Regional
Superintendent shall issue an order to effect any | 16 |
| approved recommendations
included in the report. The | 17 |
| report shall meet all of the following requirements:
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| (A) Items in the report shall be prioritized. | 19 |
| (B) Urgent
items shall be considered as those items | 20 |
| related to life safety problems that
present an | 21 |
| immediate hazard to the safety of students. | 22 |
| (C) Required items shall be
considered as those | 23 |
| items that are necessary for a safe environment but | 24 |
| present
less of an immediate hazard to the safety of | 25 |
| students. | 26 |
| (D) Urgent and required
items shall reference a |
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| specific rule in the code authorized by this Section
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| that is currently being violated or will be violated | 3 |
| within the next 12 months
if the violation is not | 4 |
| remedied. | 5 |
| (6) The school board of each district so
surveyed and | 6 |
| receiving a report of needed recommendations to be made to
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| maintain standards of safety and health of the pupils | 8 |
| enrolled shall effectuate
the correction of urgent items as | 9 |
| soon as achievable to ensure the safety of
the students, | 10 |
| but in no case more than one year after the date of the | 11 |
| State
Superintendent of Education's approval of the | 12 |
| recommendation. | 13 |
| (7)
Required items shall be corrected in a timely | 14 |
| manner, but in
no case more than 5 years from the date of | 15 |
| the State Superintendent
of
Education's approval of the | 16 |
| recommendation. | 17 |
| (8) Once each year the school
board shall submit a | 18 |
| report of progress on completion of any
recommendations to | 19 |
| effectuate compliance with the code.
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| (c) As soon as practicable, but not later than 2 years | 21 |
| after January 1, 1993, the State Board of Education shall | 22 |
| combine
the document known as "Efficient and Adequate Standards | 23 |
| for the Construction of
Schools" with the document known as | 24 |
| "Building Specifications for Health and
Safety in Public | 25 |
| Schools" together with any modifications or additions that may
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| be deemed necessary. The combined document shall be known as |
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| the "Health/Life
Safety Code for Public Schools" and shall be | 2 |
| the governing code for all
facilities that house public school | 3 |
| students or are otherwise used for public
school purposes, | 4 |
| whether such facilities are permanent or temporary and
whether | 5 |
| they are owned, leased, rented, or otherwise used by the | 6 |
| district.
Facilities owned by a school district but that are | 7 |
| not used to house public
school students or are not used for | 8 |
| public school purposes shall be
governed by separate provisions | 9 |
| within the code authorized by this Section.
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| (d) The 10 year survey cycle specified in this Section | 11 |
| shall continue to
apply based upon the standards contained in | 12 |
| the "Health/Life Safety Code
for Public Schools", which shall | 13 |
| specify building standards for buildings that
are constructed | 14 |
| prior to January 1, 1993 and
for buildings that are constructed | 15 |
| after that date.
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| (e) The "Health/Life Safety Code for Public Schools" shall | 17 |
| be the governing code
for public schools; however, the | 18 |
| provisions of this Section shall not preclude
inspection of | 19 |
| school premises and buildings pursuant to Section 9 of the Fire
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| Investigation Act, provided that the provisions of the | 21 |
| "Health/Life Safety Code
for Public Schools", or such | 22 |
| predecessor document authorized by this Section as
may be | 23 |
| applicable are used, and provided that those inspections are | 24 |
| coordinated
with the Regional Superintendent having | 25 |
| jurisdiction over the public school
facility.
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| (f) Nothing in this Section shall be construed to prohibit |
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| the State Fire Marshal or a qualified fire official to whom the | 2 |
| State Fire Marshal has delegated his or her authority
from
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| conducting a fire safety check in a public school. | 4 |
| (g) The Regional Superintendent shall address any | 5 |
| violations that are not corrected in a timely manner pursuant | 6 |
| to subsection (b) of Section 3-14.21 of this Code.
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| (h) Any agency having jurisdiction beyond the scope of the | 8 |
| applicable
document authorized by this Section may issue a | 9 |
| lawful order to a school board
to effectuate recommendations, | 10 |
| and the school board receiving the order shall
certify to the | 11 |
| Regional Superintendent and the State Superintendent of
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| Education when it has complied with the order.
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| (i) The State Board of Education is authorized to adopt any | 14 |
| rules that are
necessary relating to the administration and | 15 |
| enforcement of the provisions of
this Section. | 16 |
| (j) The code authorized by this Section shall apply only to | 17 |
| those
school districts having a population of less than 500,000 | 18 |
| inhabitants.
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| (k) In this Section, a "qualified fire official" means an | 20 |
| individual that meets the requirements of rules adopted by the | 21 |
| State Fire Marshal in cooperation with the State Board of | 22 |
| Education to administer this Section. These rules shall be | 23 |
| based on recommendations made by the task force established | 24 |
| under Section 2-3.137 of this Code.
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| (Source: P.A. 94-225, eff. 7-14-05; 94-875, eff. 7-1-06; | 26 |
| 94-1105, eff. 6-1-07; revised 2-20-07.)
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