Public Act 099-0639
 
HB4529 EnrolledLRB099 15928 SMS 40245 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Capital Development Board Act is amended  by 
adding Section 10.18 as follows:
 
    (20 ILCS 3105/10.18 new)
    Sec. 10.18. Identification of local building codes. All 
municipalities with a population of less than 1,000,000 or a 
county adopting a new building code or amending an existing 
building code must, at least 30 days before adopting the code 
or amendment, provide an identification of the code, by title 
and edition, or the amendment to the Capital Development Board. 
The Capital Development Board must identify the proposed code, 
by the title and edition, and note if any amendments were made 
to the public on the Capital Development Board website.
    For the purposes of this Section, "building code" means a 
model building code regulating the construction and 
maintenance of structures within the municipality or county.
 
    Section 10. The Energy
Efficient Building Act is amended  by 
changing Sections 40 and 45 as follows:
 
    (20 ILCS 3125/40)

    Sec. 40. Input   from   interested   parties.     When
developing  
Code  adaptations,  rules,  and  procedures   for
compliance  with  the 
Code, the Capital Development Board, or
the Illinois Building 
Commission as directed  by  the  Board,
shall  seek  input  from  
representatives  from  the building
trades,  design  
professionals,  construction  professionals,
code 
administrators, and other interested entities affected.


(Source: P.A. 93-936, eff. 8-13-04.)
 
    (20 ILCS 3125/45)

    Sec. 45. Home rule.  
    (a)
No unit of local government, including any home rule 
unit, may regulate energy efficient building standards for 
commercial buildings in a manner that is less stringent than 
the provisions contained in this Act.
 
    (b) No unit of local government, including any home rule 
unit, may regulate energy efficient building standards for 
residential buildings in a manner that is either less or more 
stringent than the standards established pursuant to this Act; 
provided, however, that the following entities may regulate 
energy efficient building standards for residential buildings 
in a manner that is more stringent than the provisions 
contained in this Act: (i) a unit of local government, 
including a home rule unit, that has, on or before May 15, 
2009,  adopted or incorporated by reference energy efficient 
building standards for residential buildings that are 
equivalent to or more stringent than the 2006 International 
Energy Conservation Code, (ii) a unit of local government, 
including a home rule unit, that has, on or before May 15, 
2009, provided to the Capital Development Board, as required by 
Section 10.18 of the Capital Development Board Act 55 of the 
Illinois Building Commission Act, an identification of an 
energy efficient building code or amendment that is equivalent 
to or more stringent than the 2006 International Energy 
Conservation Code, and (iii) a municipality with a population 
of 1,000,000 or more.
    (c) No unit of local government, including any home rule 
unit or  unit of local government that is subject to State 
regulation under the Code as provided in Section 15 of this 
Act, may hereafter enact any annexation ordinance or 
resolution, or require or enter into any annexation agreement, 
that imposes energy efficient building standards for 
residential buildings that are either less or more stringent 
than the energy efficiency standards in effect, at the time of 
construction, throughout the unit of local government. 
    (d) This Section is a denial
and limitation
of home rule 
powers and functions under subsection (i) of Section 6
of 
Article VII of the Illinois Constitution on the concurrent 
exercise by home rule units of powers and functions exercised 
by the State.
Nothing in this Section, however, prevents a unit 
of local government from adopting an energy efficiency code or 
standards for commercial buildings that are more stringent than 
the Code under this Act.

(Source: P.A. 96-778, eff. 8-28-09.)
 

    (20 ILCS 3918/Act rep.)

    Section 15. The Illinois Building Commission Act is 
repealed.
 
    Section 20. The Counties Code is amended  by changing 
Sections 5-1063 and 5-1064 as follows:
 



    (55 ILCS 5/5-1063)  (from Ch. 34, par. 5-1063)



    Sec. 5-1063. 
Building construction, alteration and

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

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

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.

    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. 

    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

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

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.

    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

amendment, provide an identification of the building code, by 
title and
edition, or the amendment to the
Illinois Building

Commission for identification under Section 10.18 of the 
Capital Development Board Act on the Internet.
For the purposes 
of this Section, "building code" means any ordinance,

resolution, law,
housing or building code, or zoning ordinance 
that establishes construction
related activities
applicable to 
structures in the county.

    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.

    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.

    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.

(Source: P.A. 96-721, eff. 1-1-10.)

 



    (55 ILCS 5/5-1064)  (from Ch. 34, par. 5-1064)



    Sec. 5-1064. Buildings in certain counties of less than 
1,000,000
population. The county board in any county with a 
population not in
excess of 1,000,000 located in the area 
served by the Northeastern Illinois
Metropolitan Area Planning 
Commission may prescribe by resolution or
ordinance reasonable 
rules and regulations (a) governing the construction
and 
alteration of all buildings and structures and parts and 
appurtenances
thereof and governing the maintenance thereof in 
a condition reasonably
safe from the hazards of fire, 
explosion, collapse, contagion and the
spread of infectious 
disease, but any such resolution or ordinance shall be
subject 
to any rule or regulation now 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 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. However, the county shall

exempt all municipalities located wholly or partly within the 
county where
the municipal building code is equal to the county 
regulation and where the
local authorities are enforcing the 
municipal building code. Such rules and
regulations shall be 
applicable throughout the county but this Section
shall not be 
construed to prevent municipalities from establishing higher

standards nor shall such rules and regulations apply to the 
construction or
alteration of buildings and structures used or 
to be used for agricultural
purposes and located upon a tract 
of land which is zoned and used for
agricultural purposes.

    In the adoption of rules and regulations under this Section 
the county
board shall be governed by the publication and 
posting requirements set out
in Section 5-1063.

    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

amendment, provide an identification of the building code, by 
title and
edition, or the amendment to the
Illinois Building

Commission for identification under Section 10.18 of the 
Capital Development Board Act on the Internet.

    For the purposes of this Section, "building code" means any 
ordinance,
resolution, law,
housing or building code, or zoning 
ordinance that establishes construction
related activities

applicable to structures in the county.

    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 deemed a 
petty offense.

    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.

(Source: P.A. 92-489, eff. 7-1-02.)

 
    Section 25. The Illinois Municipal Code is amended  by 
changing Section 1-2-3.1 as follows:
 



    (65 ILCS 5/1-2-3.1)



    Sec. 1-2-3.1. Building codes. Beginning on the effective 
date of this
amendatory Act of
the 92nd General Assembly, any 
municipality with a population of less than
1,000,000 adopting 
a new building code or
amending an
existing building code must, 
at least 30 days before adopting the code or
amendment,
provide 
an identification of
the code, by title and edition, or the 
amendment to the Illinois Building
Commission for 
identification under Section 10.18 of the Capital Development 
Board Act on
the Internet.

    For the purposes of this Section, "building code" means any 
ordinance,
resolution, law,
housing or building code, or zoning 
ordinance that establishes construction
related activities 
applicable to structures
in the municipality.

(Source: P.A. 92-489, eff. 7-1-02.)

 
    Section 30. The Hospital Licensing Act is amended  by 
changing Section 8 as follows:
 



    (210 ILCS 85/8)  (from Ch. 111 1/2, par. 149)


    Sec. 8. Facility plan review; fees. 

    (a) Before commencing construction of new facilities or 
specified types
of alteration or additions to an existing 
hospital involving major
construction, as defined by rule by 
the Department, with an estimated
cost greater than $100,000, 
architectural plans and
specifications therefor shall be 
submitted by the licensee to the
Department for review and 
approval.
A hospital may submit architectural drawings and 
specifications for other
construction projects for Department 
review according to subsection (b) that
shall not be subject to 
fees under subsection (d).
The Department must give a hospital 
that is planning to submit a construction
project for review 
the opportunity to discuss its plans and specifications with

the Department before the hospital formally submits the plans 
and
specifications for Department review.
Review of drawings 
and specifications shall be conducted by an employee of
the 
Department meeting the qualifications established by the 
Department of
Central Management Services class specifications 
for such an individual's
position or by a person contracting 
with the Department who meets those class
specifications.
Final 
approval of the plans and specifications for compliance
with 
design and construction standards shall be obtained from the

Department before the alteration, addition, or new 
construction is begun. Subject to this Section 8, and prior to 
January 1, 2012, the Department shall consider the re-licensing 
of an existing hospital structure according to the standards 
for an existing hospital, as set forth in the Department's 
rules.  Re-licensing under this provision shall occur only if 
that facility operated as a licensed hospital on July 1, 2005, 
has had no intervening use as other than a hospital, and exists 
in a county with a population of less than 20,000 that does not 
have another licensed hospital on the effective date of this 
amendatory Act of the 95th General Assembly.

    (b) The Department shall inform an applicant in writing 
within 10 working
days after receiving drawings and 
specifications and the required fee, if any,
from the applicant 
whether the applicant's submission is complete or
incomplete.  
Failure to provide the applicant with this notice within 10

working days shall result in the submission being deemed 
complete for purposes
of initiating the 60-day review period 
under this Section.  If the submission
is incomplete, the 
Department shall inform the applicant of the deficiencies
with 
the submission in writing.  If the submission is complete and 
the required
fee, if any, has been paid,
the Department shall 
approve or disapprove drawings and specifications
submitted to 
the Department no later than 60 days following receipt by the

Department.  The drawings and specifications shall be of 
sufficient detail, as
provided by Department rule, to
enable 
the Department to
render a determination of compliance with 
design and construction standards
under this Act.
If the 
Department finds that the drawings are not of sufficient detail 
for it
to render a determination of compliance, the plans shall 
be determined to be
incomplete and shall not be considered for 
purposes of initiating the 60 day
review period.
If a 
submission of drawings and specifications is incomplete, the 
applicant
may submit additional information.  The 60-day review 
period shall not commence
until the Department determines that 
a submission of drawings and
specifications is complete or the 
submission is deemed complete.
If the Department has not 
approved or disapproved the
drawings and specifications within 
60 days, the construction, major alteration,
or addition shall 
be deemed approved.  If the drawings and specifications are

disapproved, the Department shall state in writing, with 
specificity, the
reasons for the disapproval.  The entity 
submitting the drawings and
specifications may submit 
additional information in response to the written
comments from 
the Department or request a reconsideration of the disapproval.

A final decision of approval or disapproval shall be made 
within 45 days of the
receipt of the additional information or 
reconsideration request. A final decision shall be subject to 
review under the Administrative Review Law.  If denied,
the 
Department shall state the specific reasons for the denial
and 
the applicant may elect to seek dispute resolution pursuant to 
Section
25 of the Illinois Building Commission Act, which the 
Department must
participate in.

    (c) The Department shall provide written approval for 
occupancy pursuant
to subsection (g) and shall not issue a 
violation to a facility as a result of
a licensure or complaint 
survey based upon the facility's physical structure
if:


        (1) the Department reviewed and approved or deemed 
    approved the drawing
and specifications for compliance 
    with design and construction standards;


        (2) the construction, major alteration, or addition 
    was built as
submitted;


        (3) the law or rules have not been amended since the 
    original approval;
and


        (4) the conditions at the facility indicate that there 
    is a reasonable
degree of safety provided for the patients.

    (c-5) The Department shall not issue a violation to a 
facility if the
inspected aspects of the facility were 
previously found to be in compliance
with applicable standards, 
the relevant law or rules have not been amended,
conditions at 
the facility
reasonably protect the safety of its patients, and 
alterations or new hazards
have not been
identified.

    (d) The Department shall charge the following fees in 
connection with its
reviews conducted before June 30, 2004 
under this Section:


        (1) (Blank).


        (2) (Blank).


        (3) If the estimated dollar value of the major

    construction is greater than $500,000, the fee shall be

    established by the Department pursuant to rules that 
    reflect the reasonable
and
direct cost of the Department in 
    conducting the architectural reviews required
under this 
    Section. The estimated dollar value of the major 
    construction
subject to review under this Section shall be 
    annually readjusted to
reflect the
increase in 
    construction costs due to inflation.

    The fees provided in this subsection (d) shall not apply to 
major
construction projects involving facility changes that 
are required by
Department rule amendments or to projects 
related to homeland security.

    The fees provided in this subsection (d) shall also not 
apply to major
construction projects if 51% or more of the 
estimated cost of the project is
attributed to capital 
equipment.  For major construction projects where 51% or
more of 
the estimated cost of the project is attributed to capital 
equipment,
the Department shall by rule establish a fee that is 
reasonably related to the
cost of reviewing the project.

    Disproportionate share hospitals and rural hospitals shall 
only pay
one-half of the fees
required in this subsection (d).

For the purposes of this subsection (d),
(i) "disproportionate 
share hospital" means a hospital described in items (1)
through 
(5) of subsection (b) of Section 5-5.02 of the Illinois Public 
Aid
Code and (ii)
"rural hospital" means a hospital that
is (A) 
located
outside a metropolitan statistical area or (B) located 
15 miles or less from a
county that is
outside a metropolitan 
statistical area and is licensed to perform
medical/surgical or

obstetrical services and has a combined total bed capacity of 
75 or fewer beds
in these 2
service categories as of July 14, 
1993, as determined by the Department.

    The Department shall not commence the facility plan review 
process under this
Section until the applicable fee has been 
paid.

    (e) All fees received by the Department under this Section 
shall be
deposited into the Health Facility Plan Review Fund, a 
special fund created in
the State treasury.
All fees paid by 
hospitals under subsection (d) shall be used only to cover
the 
direct and reasonable costs relating to the Department's review 
of hospital
projects under this
Section.
Moneys shall be 
appropriated from that Fund to the
Department only to pay the 
costs of conducting reviews under this Section.
None of the 
moneys in the Health Facility Plan Review Fund shall be used to

reduce the amount of General Revenue Fund moneys appropriated 
to the Department
for facility plan reviews conducted pursuant 
to this Section.


    (f) (Blank).

    (g) The Department shall conduct an on-site inspection of 
the completed
project no later than 15 business days after 
notification from the
applicant that the
project has been 
completed and all certifications required by the Department

have been received and accepted by the Department.  The 
Department may extend
this deadline only if a federally 
mandated survey time frame takes
precedence. The Department 
shall
provide written approval for occupancy to the applicant 
within 5 working days
of the Department's final inspection, 
provided the applicant has demonstrated
substantial compliance 
as defined by Department rule.
Occupancy of new major 
construction is prohibited until Department approval is

received, unless the Department has not acted within the time 
frames provided
in this subsection (g), in which case the 
construction shall be deemed
approved.  Occupancy shall be 
authorized after any
required health inspection by the 
Department has been conducted.

    (h) The Department shall establish, by rule, a procedure to 
conduct interim
on-site review of large or complex construction 
projects.

    (i) The Department shall establish, by rule, an expedited 
process for
emergency repairs or replacement of like equipment.

    (j) Nothing in this Section shall be construed to apply to 
maintenance,
upkeep, or renovation that does not affect the 
structural integrity of the
building, does not add beds or 
services over the number for which the facility
is licensed, 
and provides a reasonable degree of safety for the patients.

(Source: P.A. 95-707, eff. 1-11-08.)

  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  7/28/2016