State of Illinois
92nd General Assembly
Legislation

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92_SB0754sam001

 










                                             LRB9200713MWpkam

 1                    AMENDMENT TO SENATE BILL 754

 2        AMENDMENT NO.     .  Amend Senate Bill 754  by  replacing
 3    everything after the enacting clause with the following:

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

 6        (20 ILCS 3918/55 new)
 7        Sec.  55.  Identification  of   local   building   codes.
 8    Beginning  on  the  effective date of this  amendatory Act of
 9    the  92nd  General  Assembly,  any  municipality  or   county
10    adopting  a  new    building  code  or   amending an existing
11    building code must, at least 30 days before adopting the code
12    or  amendment, provide  an  identification  of  the  code  or
13    amendment  to  the Commission.  The Commission  must identify
14    the proposed code or amendment to the public on the  Internet
15    through the State of Illinois World  Wide Web site.
16        The Commission may adopt any rules necessary to implement
17    this Section.
18        For  the  purposes of this Section, "building code" means
19    any ordinance, resolution, law,  housing or building code, or
20    zoning  ordinance  that  establishes   construction   related
21    activities  applicable  to  structures   in a municipality or
22    county, as the case may be.
 
                            -2-              LRB9200713MWpkam
 1        Section 10.  The Counties Code  is  amended  by  changing
 2    Sections 5-1063 and 5-1064 as follows:

 3        (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
 4        Sec.   5-1063.   Building  construction,  alteration  and
 5    maintenance. For the purpose of  promoting  and  safeguarding
 6    the  public  health,  safety,  comfort  and welfare, a county
 7    board may prescribe by  resolution  or  ordinance  reasonable
 8    rules  and  regulations  (a)  governing  the construction and
 9    alteration of all buildings, structures and  camps  or  parks
10    accommodating  persons  in house trailers, house cars, cabins
11    or tents and parts and appurtenances  thereof  and  governing
12    the  maintenance  thereof in a condition reasonably safe from
13    hazards  of   fire,   explosion,   collapse,   electrocution,
14    flooding,   asphyxiation,   contagion   and   the  spread  of
15    infectious disease,  where  such  buildings,  structures  and
16    camps  or  parks  are  located  outside the limits of cities,
17    villages and incorporated  towns,  but  excluding  those  for
18    agricultural purposes on farms including farm residences, but
19    any such resolution or ordinance shall be subject to any rule
20    or  regulation  heretofore  or hereafter adopted by the State
21    Fire Marshal pursuant to "An Act  to  regulate  the  storage,
22    transportation,  sale and use of gasoline and volatile oils",
23    approved June 28, 1919, as amended; (b) for  prohibiting  the
24    use  for  residential  purposes  of  buildings and structures
25    already erected or moved into position which  do  not  comply
26    with  such  rules and regulations; and (c) for the restraint,
27    correction and abatement of any violations.
28        In addition,  the  county  board  may  by  resolution  or
29    ordinance  require  that  each  occupant  of an industrial or
30    commercial building located outside  the  limits  of  cities,
31    villages  and  incorporated  towns obtain an occupancy permit
32    issued by the county.  Such  permit  may  be  valid  for  the
33    duration  of the occupancy or for a specified period of time,
 
                            -3-              LRB9200713MWpkam
 1    and shall be valid only with respect to the occupant to which
 2    it is issued.
 3        Within 30 days after its  adoption,  such  resolution  or
 4    ordinance   shall  be  printed  in  book  or  pamphlet  form,
 5    published by authority of the County Board; or  it  shall  be
 6    published  at  least once in a newspaper published and having
 7    general circulation in the county;  or  if  no  newspaper  is
 8    published  therein,  copies  shall  be  posted  in at least 4
 9    conspicuous places in each township or Road District. No such
10    resolution or ordinance shall take effect until 10 days after
11    it is published or posted. Where such  building  or  camp  or
12    park  rules and regulations have been published previously in
13    book or  pamphlet  form,  the  resolution  or  ordinance  may
14    provide  for  the  adoption  of such rules and regulations or
15    portions  thereof,  by  reference  thereto  without   further
16    printing, publication or posting, provided that not less than
17    3  copies  of  such rules and regulations in book or pamphlet
18    form shall have been filed,  in  the  office  of  the  County
19    Clerk,  for use and examination by the public for at least 30
20    days prior to the adoption thereof by the County Board.
21        Beginning on the effective date of this amendatory Act of
22    the 92nd  General  Assembly,    any  county  adopting  a  new
23    building  code  or  amending  an existing building code under
24    this Section must, at  least  30  days  before  adopting  the
25    building  code or amendment, provide an identification of the
26    building  code  or  amendment  to   the   Illinois   Building
27    Commission  for  identification  on  the  Internet.  For  the
28    purposes   of   this   Section,  "building  code"  means  any
29    ordinance, resolution, law,  housing  or  building  code,  or
30    zoning   ordinance   that  establishes  construction  related
31    activities applicable to structures in the county.
32        The violation of any rule or regulation adopted  pursuant
33    to this Section shall be a petty offense.
34        All  rules  and  regulations  enacted  by  resolution  or
 
                            -4-              LRB9200713MWpkam
 1    ordinance  under  the  provisions  of  this  Section shall be
 2    enforced by such officer of the county as may  be  designated
 3    by resolution of the County Board.
 4        No  such  resolution or ordinance shall be enforced if it
 5    is in conflict with any law of this State or with any rule of
 6    the Department of Public Health.
 7    (Source: P.A. 86-962.)

 8        (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
 9        Sec. 5-1064. Buildings in certain counties of  less  than
10    1,000,000  population.  The county board in any county with a
11    population not in excess of 1,000,000  located  in  the  area
12    served   by   the  Northeastern  Illinois  Metropolitan  Area
13    Planning Commission may prescribe by resolution or  ordinance
14    reasonable   rules   and   regulations   (a)   governing  the
15    construction and alteration of all buildings  and  structures
16    and   parts  and  appurtenances  thereof  and  governing  the
17    maintenance thereof in a condition reasonably safe  from  the
18    hazards  of  fire,  explosion,  collapse,  contagion  and the
19    spread of infectious disease,  but  any  such  resolution  or
20    ordinance  shall  be subject to any rule or regulation now or
21    hereafter adopted by the State Fire Marshal pursuant  to  "An
22    Act  to regulate the storage, transportation, sale and use of
23    gasoline and volatile  oils",  approved  June  28,  1919,  as
24    amended, (b) for prohibiting the use for residential purposes
25    of  buildings  and  structures  already erected or moved into
26    position which do not comply with such rules and regulations,
27    and (c) for the restraint, correction and  abatement  of  any
28    violations.    However,   the   county   shall   exempt   all
29    municipalities located wholly or  partly  within  the  county
30    where  the  municipal  building  code  is equal to the county
31    regulation and where the local authorities are enforcing  the
32    municipal  building code. Such rules and regulations shall be
33    applicable throughout the county but this Section  shall  not
 
                            -5-              LRB9200713MWpkam
 1    be  construed  to  prevent  municipalities  from establishing
 2    higher standards nor shall such rules and  regulations  apply
 3    to the construction or alteration of buildings and structures
 4    used or to be used for agricultural purposes and located upon
 5    a  tract  of  land  which  is zoned and used for agricultural
 6    purposes.
 7        In the adoption  of  rules  and  regulations  under  this
 8    Section the county board shall be governed by the publication
 9    and posting requirements set out in Section 5-1063.
10        Beginning on the effective date of this amendatory Act of
11    the  92nd  General  Assembly,    any  county  adopting  a new
12    building code or amending an  existing  building  code  under
13    this  Section  must,  at  least  30  days before adopting the
14    building code or amendment, provide an identification of  the
15    building   code   or   amendment  to  the  Illinois  Building
16    Commission for identification on the Internet.
17        For the purposes of this Section, "building  code"  means
18    any  ordinance, resolution, law, housing or building code, or
19    zoning  ordinance  that  establishes   construction   related
20    activities applicable to structures in the county.
21        Violation  of  any rule or regulation adopted pursuant to
22    this Section shall be deemed a petty offense.
23        All  rules  and  regulations  enacted  by  resolution  or
24    ordinance under the  provisions  of  this  Section  shall  be
25    enforced  by  such officer of the county as may be designated
26    by resolution of the county board.
27    (Source: P.A. 86-962.)

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

30        (65 ILCS 5/1-2-3.1 new)
31        Sec.   1-2-3.1.  Building   codes.    Beginning   on  the
32    effective date of this amendatory Act of   the  92nd  General
 
                            -6-              LRB9200713MWpkam
 1    Assembly,  any  municipality  adopting a new building code or
 2    amending an  existing building code must, at  least  30  days
 3    before   adopting   the   code   or   amendment,  provide  an
 4    identification of  the code  or  amendment  to  the  Illinois
 5    Building Commission for identification on the Internet.
 6        For  the  purposes of this Section, "building code" means
 7    any ordinance, resolution, law,  housing or building code, or
 8    zoning  ordinance  that  establishes   construction   related
 9    activities applicable to structures  in the municipality.
10        Amends  the  Illinois  Building Commission Act.  Requires
11    any municipality or county adopting a new  building  code  or
12    amending  an  existing building code to provide a copy of the
13    code or amendment to the Illinois Building Commission 30 days
14    before  adopting  the  code  or  amendment.    Requires   the
15    Commission  to  publish  the proposed codes and amendments on
16    the Internet.  Amends the  Counties  Code  and  the  Illinois
17    Municipal Code to make conforming changes.".

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