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| Public Act 096-0721 |
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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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Section 5. The Counties Code is amended by changing Section | ||||
5-1063 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 | ||||
public health, safety, comfort and welfare, a county
board may | ||||
prescribe by resolution or ordinance reasonable
rules and | ||||
regulations (a) governing the construction and alteration of | ||||
all
buildings, structures and camps or parks accommodating | ||||
persons in house
trailers, house cars, cabins or tents and | ||||
parts and appurtenances thereof
and governing the maintenance | ||||
thereof in a condition reasonably safe from
hazards of fire, | ||||
explosion, collapse, electrocution, flooding,
asphyxiation, | ||||
contagion and the spread of infectious disease, where such
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buildings, structures and camps or parks are located outside | ||||
the limits of
cities, villages and incorporated towns, but | ||||
excluding those for
agricultural purposes on farms including | ||||
farm residences, but any such
resolution or ordinance shall be | ||||
subject to any rule or regulation
heretofore or hereafter | ||||
adopted by the State Fire Marshal
pursuant to "An Act to | ||||
regulate the storage, transportation, sale and use
of gasoline | ||
and volatile oils", approved June 28, 1919, as amended; (b) for
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prohibiting the use for residential purposes of buildings and | ||
structures
already erected or moved into position which do not | ||
comply with such rules
and regulations; and (c) for the | ||
restraint, correction and abatement of any
violations.
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In addition, the county board may by resolution or | ||
ordinance require
that each occupant of an industrial or | ||
commercial building located outside
the limits of cities, | ||
villages and incorporated towns obtain an occupancy
permit | ||
issued by the county. The county board may by resolution or | ||
ordinance require
that an occupancy permit be obtained for each | ||
newly constructed residential dwelling located outside
the | ||
limits of cities, villages, and incorporated towns, but may not | ||
require more than one occupancy permit per newly constructed | ||
residential dwelling. Such permit may be valid for the duration | ||
of
the occupancy or for a specified period of time, and shall | ||
be valid only
with respect to the occupant to which it is | ||
issued. A county board may not impose a fee on an occupancy | ||
permit for a newly constructed residential dwelling issued | ||
pursuant to this Section. If, before the effective date of this | ||
amendatory Act of the 96th General Assembly, a county board | ||
imposes a fee on an occupancy permit for a newly constructed | ||
residential dwelling, then the county board may continue to | ||
impose the occupancy permit fee.
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Within 30 days after its adoption, such resolution or | ||
ordinance shall be
printed in book or pamphlet form, published | ||
by authority of the County
Board; or it shall be published at | ||
least once in a newspaper published and
having general | ||
circulation in the county; or if no newspaper is published
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therein, copies shall be posted in at least 4 conspicuous | ||
places in each
township or Road District. No such resolution or | ||
ordinance shall take
effect until 10 days after it is published | ||
or posted. Where such building
or camp or park rules and | ||
regulations have been published previously in
book or pamphlet | ||
form, the resolution or ordinance may provide for the
adoption | ||
of such rules and regulations or portions thereof, by reference
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thereto without further printing, publication or posting, | ||
provided that not
less than 3 copies of such rules and | ||
regulations in book or pamphlet form
shall have been filed, in | ||
the office of the County Clerk, for use and
examination by the | ||
public for at least 30 days prior to the adoption
thereof by | ||
the County Board.
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Beginning on the effective date of this amendatory Act of | ||
the 92nd General
Assembly,
any county adopting a new building | ||
code or amending an existing
building code under this Section | ||
must, at least 30 days before adopting the
building code or
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amendment, provide an identification of the building code, by | ||
title and
edition, or the amendment to the
Illinois Building
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Commission for identification on the Internet.
For the purposes | ||
of this Section, "building code" means any ordinance,
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resolution, law,
housing or building code, or zoning ordinance | ||
that establishes construction
related activities
applicable to | ||
structures in the county.
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The violation of any rule or regulation adopted pursuant to | ||
this Section,
except for a violation of the provisions of this | ||
amendatory Act of the 92nd
General Assembly and the rules and | ||
regulations adopted under those
provisions,
shall be a petty | ||
offense.
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All rules and regulations enacted by resolution or | ||
ordinance under the
provisions of this Section shall be | ||
enforced by such officer of the county
as may be designated by | ||
resolution of the County Board.
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No such resolution or ordinance shall be enforced if it is | ||
in conflict
with any law of this State or with any rule of the | ||
Department of Public
Health.
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(Source: P.A. 92-489, eff. 7-1-02.)
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