State of Illinois
92nd General Assembly
Legislation

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                                           LRB9200713MWpkam03

 1                    AMENDMENT TO SENATE BILL 754

 2        AMENDMENT NO.     .  Amend Senate Bill 754,  AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN ACT in relation to building codes."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The  Illinois  Building  Commission  Act  is
 8    amended by adding Section 55 as  follows:

 9        (20 ILCS 3918/55 new)
10        Sec.   55.  Identification   of   local  building  codes.
11    Beginning on the effective date of this   amendatory  Act  of
12    the  92nd  General Assembly, a municipality with a population
13    of less than 1,000,000 or a county  adopting a new   building
14    code or  amending an existing building code must, at least 30
15    days  before  adopting  the  code  or   amendment, provide an
16    identification of the code, by  title  and  edition,  or  the
17    amendment  to  the Commission.  The Commission  must identify
18    the proposed code, by the title and edition, or the amendment
19    to the public on the Internet through the State  of  Illinois
20    World  Wide Web site.
21        The Commission may adopt any rules necessary to implement
 
                            -2-            LRB9200713MWpkam03
 1    this Section.
 2        For  the  purposes of this Section, "building code" means
 3    any ordinance, resolution, law,  housing or building code, or
 4    zoning  ordinance  that  establishes   construction   related
 5    activities  applicable  to  structures   in a municipality or
 6    county, as the case may be.

 7        Section 10.  The Counties Code  is  amended  by  changing
 8    Sections 5-1063 and 5-1064 as follows:

 9        (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
10        Sec.   5-1063.   Building  construction,  alteration  and
11    maintenance. For the purpose of  promoting  and  safeguarding
12    the  public  health,  safety,  comfort  and welfare, a county
13    board may prescribe by  resolution  or  ordinance  reasonable
14    rules  and  regulations  (a)  governing  the construction and
15    alteration of all buildings, structures and  camps  or  parks
16    accommodating  persons  in house trailers, house cars, cabins
17    or tents and parts and appurtenances  thereof  and  governing
18    the  maintenance  thereof in a condition reasonably safe from
19    hazards  of   fire,   explosion,   collapse,   electrocution,
20    flooding,   asphyxiation,   contagion   and   the  spread  of
21    infectious disease,  where  such  buildings,  structures  and
22    camps  or  parks  are  located  outside the limits of cities,
23    villages and incorporated  towns,  but  excluding  those  for
24    agricultural purposes on farms including farm residences, but
25    any such resolution or ordinance shall be subject to any rule
26    or  regulation  heretofore  or hereafter adopted by the State
27    Fire Marshal pursuant to "An Act  to  regulate  the  storage,
28    transportation,  sale and use of gasoline and volatile oils",
29    approved June 28, 1919, as amended; (b) for  prohibiting  the
30    use  for  residential  purposes  of  buildings and structures
31    already erected or moved into position which  do  not  comply
32    with  such  rules and regulations; and (c) for the restraint,
 
                            -3-            LRB9200713MWpkam03
 1    correction and abatement of any violations.
 2        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
 7    duration  of the occupancy or for a specified period of time,
 8    and shall be valid only with respect to the occupant to which
 9    it is issued.
10        Within 30 days after its  adoption,  such  resolution  or
11    ordinance   shall  be  printed  in  book  or  pamphlet  form,
12    published by authority of the County Board; or  it  shall  be
13    published  at  least once in a newspaper published and having
14    general circulation in the county;  or  if  no  newspaper  is
15    published  therein,  copies  shall  be  posted  in at least 4
16    conspicuous places in each township or Road District. No such
17    resolution or ordinance shall take effect until 10 days after
18    it is published or posted. Where such  building  or  camp  or
19    park  rules and regulations have been published previously in
20    book or  pamphlet  form,  the  resolution  or  ordinance  may
21    provide  for  the  adoption  of such rules and regulations or
22    portions  thereof,  by  reference  thereto  without   further
23    printing, publication or posting, provided that not less than
24    3  copies  of  such rules and regulations in book or pamphlet
25    form shall have been filed,  in  the  office  of  the  County
26    Clerk,  for use and examination by the public for at least 30
27    days prior to the adoption thereof by the County Board.
28        Beginning on the effective date of this amendatory Act of
29    the 92nd  General  Assembly,    any  county  adopting  a  new
30    building  code  or  amending  an existing building code under
31    this Section must, at  least  30  days  before  adopting  the
32    building  code or amendment, provide an identification of the
33    building code, by title and edition, or the amendment to  the
34    Illinois  Building    Commission  for  identification  on the
 
                            -4-            LRB9200713MWpkam03
 1    Internet. For the purposes of this Section,  "building  code"
 2    means  any  ordinance,  resolution,  law, housing or building
 3    code,  or  zoning  ordinance  that  establishes  construction
 4    related activities applicable to structures in the county.
 5        The violation of any rule or regulation adopted  pursuant
 6    to  this Section, except for a violation of the provisions of
 7    this amendatory Act of the  92nd  General  Assembly  and  the
 8    rules  and  regulations adopted under those provisions, shall
 9    be a petty offense.
10        All  rules  and  regulations  enacted  by  resolution  or
11    ordinance under the  provisions  of  this  Section  shall  be
12    enforced  by  such officer of the county as may be designated
13    by resolution of the County Board.
14        No such resolution or ordinance shall be enforced  if  it
15    is in conflict with any law of this State or with any rule of
16    the Department of Public Health.
17    (Source: P.A. 86-962.)

18        (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
19        Sec.  5-1064.  Buildings in certain counties of less than
20    1,000,000 population. The county board in any county  with  a
21    population  not  in  excess  of 1,000,000 located in the area
22    served  by  the  Northeastern  Illinois   Metropolitan   Area
23    Planning  Commission may prescribe by resolution or ordinance
24    reasonable  rules   and   regulations   (a)   governing   the
25    construction  and  alteration of all buildings and structures
26    and  parts  and  appurtenances  thereof  and  governing   the
27    maintenance  thereof  in a condition reasonably safe from the
28    hazards of  fire,  explosion,  collapse,  contagion  and  the
29    spread  of  infectious  disease,  but  any such resolution or
30    ordinance shall be subject to any rule or regulation  now  or
31    hereafter  adopted  by the State Fire Marshal pursuant to "An
32    Act to regulate the storage, transportation, sale and use  of
33    gasoline  and  volatile  oils",  approved  June  28, 1919, as
 
                            -5-            LRB9200713MWpkam03
 1    amended, (b) for prohibiting the use for residential purposes
 2    of buildings and structures already  erected  or  moved  into
 3    position which do not comply with such rules and regulations,
 4    and  (c)  for  the restraint, correction and abatement of any
 5    violations.   However,   the   county   shall   exempt    all
 6    municipalities  located  wholly  or  partly within the county
 7    where the municipal building code  is  equal  to  the  county
 8    regulation  and where the local authorities are enforcing the
 9    municipal building code. Such rules and regulations shall  be
10    applicable  throughout  the county but this Section shall not
11    be construed  to  prevent  municipalities  from  establishing
12    higher  standards  nor shall such rules and regulations apply
13    to the construction or alteration of buildings and structures
14    used or to be used for agricultural purposes and located upon
15    a tract of land which is  zoned  and  used  for  agricultural
16    purposes.
17        In  the  adoption  of  rules  and  regulations under this
18    Section the county board shall be governed by the publication
19    and posting requirements set out in Section 5-1063.
20        Beginning on the effective date of this amendatory Act of
21    the 92nd  General  Assembly,    any  county  adopting  a  new
22    building  code  or  amending  an existing building code under
23    this Section must, at  least  30  days  before  adopting  the
24    building  code or amendment, provide an identification of the
25    building code, by title and edition, or the amendment to  the
26    Illinois  Building    Commission  for  identification  on the
27    Internet.
28        For the purposes of this Section, "building  code"  means
29    any  ordinance, resolution, law, housing or building code, or
30    zoning  ordinance  that  establishes   construction   related
31    activities applicable to structures in the county.
32        Violation  of  any rule or regulation adopted pursuant to
33    this Section, except for a violation  of  the  provisions  of
34    this  amendatory  Act  of  the  92nd General Assembly and the
 
                            -6-            LRB9200713MWpkam03
 1    rules and regulations adopted under those  provisions,  shall
 2    be deemed a petty offense.
 3        All  rules  and  regulations  enacted  by  resolution  or
 4    ordinance  under  the  provisions  of  this  Section shall be
 5    enforced by such officer of the county as may  be  designated
 6    by resolution of the county board.
 7    (Source: P.A. 86-962.)

 8        Section  15.  The  Illinois  Municipal Code is amended by
 9    adding Section 1-2-3.1 as  follows:

10        (65 ILCS 5/1-2-3.1 new)
11        Sec.  1-2-3.1.  Building   codes.    Beginning   on   the
12    effective  date  of  this amendatory Act of  the 92nd General
13    Assembly, any municipality with a  population  of  less  than
14    1,000,000  adopting  a  new  building  code  or   amending an
15    existing building code must, at least 30 days before adopting
16    the code or amendment, provide  an  identification  of    the
17    code,  by title and edition, or the amendment to the Illinois
18    Building Commission for identification on the Internet.
19        For the purposes of this Section, "building  code"  means
20    any ordinance, resolution, law,  housing or building code, or
21    zoning   ordinance   that  establishes  construction  related
22    activities applicable to structures  in the municipality.

23        Section 99.  Effective date.  This Act  takes  effect  on
24    July 1, 2002.".

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