Public Act 093-0778
SB2820 Enrolled LRB093 19631 LRD 45372 b

    AN ACT in relation to housing.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Illinois Residential Building Code Act.
    Section 5. Purpose. The purpose of this Act is to provide
minimum requirements for safety and to safeguard property and
the public welfare by regulating and controlling the design,
construction, installation, and quality of materials of new
residential construction as regulated by this Act.
    Section 10. Definitions. In this Act:
    "International Residential Code" means the International
Residential Code for One and Two Family Dwellings published by
the International Code Council, as now or hereafter amended by
the Council.
    "New residential construction" means any original
construction of a single-family home or a dwelling containing 2
or fewer apartments, condominiums, or town houses.
    "Residential building code" means an ordinance,
resolution, law, housing or building code, or zoning ordinance
that establishes, for residential building contractors,
construction-related activities applicable to single-family or
2-family residential structures.
    "Residential building contractor" means any individual,
corporation, or partnership that constructs a fixed building or
structure for sale or use by another as a residence or that,
for a price, commission, fee, wage, or other compensation,
undertakes or offers to undertake the construction of any
building or structure to be used by another as a residence, if
the individual, corporation, or partnership reasonably expects
to earn a financial profit from that activity.
    Section 15. Adoption of building code. A contract to build
a home (1) in any municipality in this State that does not have
a residential building code in effect or (2) in any portion of
a county that is not located within a municipality and does not
have a residential building code in effect must adopt as part
of the construction contract the applicability of a residential
building code that is agreed to by the home builder and the
home purchaser as provided in this Section. The home builder
and the home purchaser may agree to adopt any municipal
residential building code or county residential building code
that is in effect on the first day of construction in any
county or municipality that is within 100 miles of the location
of the new home. If the home builder and the home purchaser
fail to agree to a residential building code or if no
residential building code is stated in the contract, the
plumbing code promulgated by the Illinois Department of Public
Health under Section 35 of the Illinois Plumbing License Law,
the National Electric Code as adopted by the American National
Standards Institute, and the International Residential Code
shall, by law, be adopted as part of the construction contract.
    Section 20. Homes constructed for resale. If a builder
constructs a home for resale, the builder must certify to the
buyer that the builder has constructed the home in compliance
with a code authorized under Section 15 and must identify that
    Section 99. Effective date. This Act takes effect January
1, 2005.

Effective Date: 1/1/2005