Public Act 90-0269 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0269

SB428 Enrolled                                LRB9000076DNpcD

    AN ACT to create the Illinois Building Commission.

    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 Building Commission Act.

    Section 5.  Definitions. When used in this Act:
    "Commission" means the Illinois Building Commission.
    "State agency" has the same meaning as in Section 1-7  of
the Illinois  State Auditing Act.
    "State  building  requirements"  means  any law, rule, or
executive  order  implemented  by  the  State   of   Illinois
affecting the construction of buildings in Illinois.

    Section  10.   Creation.   An  advisory commission, to be
known as the Illinois Building Commission, is  created.   The
Commission  shall  consist  of 11 members, including:  a fire
official, a building official, an architect,  a  professional
engineer,  a  structural  engineer,  a  commercial contractor
representative,   a   residential    construction    industry
representative,   a   mechanical   and  specialty  contractor
representative,  a   labor   representative,   a   disability
advocate,  and  a member of the public.  The Commission shall
be appointed by the Governor, with the advice and consent  of
the Senate.

    Section 15.  Terms and reimbursement.  The fire official,
architect,   structural   engineer,   commercial   contractor
representative,  labor  representative,  and  member  of  the
public  shall  serve  initial terms of 2 years.  The building
official,  professional  engineer,  residential  construction
industry representative, mechanical and specialty  contractor
representative,  and  disability advocate shall serve initial
terms of 3 years.  Each subsequent term shall be for 3 years.
Members may be appointed for more than one term.  A  chairman
of  the  Commission shall be elected each year by the members
of the Commission.  Commission members  shall  be  reimbursed
for travel expenses and shall receive a per diem for each day
that  the  Commission  or  a subcommittee on which the member
serves meets. Reimbursement shall be  consistent  with    the
rules of the Governor's Travel Control Board.

    Section  20.  Subcommittees.  The Commission shall create
and  appoint  members  and  non-members  to   the   following
subcommittees:   the  planning subcommittee, the building and
fire   protection   subcommittee,   the   building   envelope
subcommittee,  the  structural  systems   subcommittee,   the
building   services   subcommittee,   and  the  accessibility
subcommittee.  There shall be at least 5 members but not more
than 9 members on each subcommittee.  The subcommittees shall
advise the Commission on any item before the Commission  that
deals  with  the  area  of expertise of the subcommittee. The
Commission may create any other subcommittee  that  it  deems

    Section  25.   Forum;  dispute resolution. The Commission
shall  provide  an  ongoing  forum  for  continuing  dialogue
regarding the purpose and  duties  of  the  Commission.   The
Commission  shall also serve as a forum to suggest resolution
of conflicts between  State  agencies,  or  between  a  State
agency  and  another  entity  that consents to the resolution
forum, concerning State building requirements.

    Section  30.    State   building   requirements   review;
compliance alternatives. The Commission shall review proposed
State    building   requirement   amendments   and   proposed
legislation for conflicting requirements to current State law
or current building  requirements  and  make  recommendations
concerning  those amendments or laws to the proper authority.
The  Commission  shall  (i)  suggest  a  standard  form   for
requesting compliance alternatives and modifications of State
building  requirements;  (ii) forward compliance alternatives
requests to the appropriate  State  agency  for  action;  and
(iii)  suggest  procedures  and  formats for appeals of State
agency decisions.

    Section  35.  Administration  and  enforcement  of  State
building requirements.  The Commission shall also  suggest  a
long-term  plan  to improve administration and enforcement of
State  building  requirements  statewide.   The  plan   shall
include  (i)  recommendations  for  ways  the  Department  of
Commerce  and  Community  Affairs could create a consolidated
clearinghouse on all information  concerning  existing  State
building  requirements, (ii) recommendations for a consistent
format for State building requirements, (iii) recommendations
for  a  system  or  procedure  for  updating  existing  State
building requirements that  shall  include  a  procedure  for
input  from  the public, (iv) recommendations for a system or
procedure for the review, approval, and  appeal  of  building
plans,  and  (v) recommendations for a system or procedure to
enforce the State building requirements. The Commission shall
submit  its  suggestions  for   creating   the   consolidated
clearinghouse  to  the  Department  of Commerce and Community
Affairs as soon as practical after the  effective  date    of
this Act.

    Section  40.  Annual report.  The Commission shall submit
an annual report to the Governor  and  the  General  Assembly
regarding   (i)   the   approval  of  compliance  alternative
requests, (ii) the responsibilities of the Commission,  (iii)
any  progress  toward  coordination  of  the State's building
requirements, and (iv) recommendations for legislative action
by the General Assembly.  The annual  report  shall  be  made
available   to  the  public.  The  Commission  may  charge  a
reasonable fee for reproduction of the report.

    Section 45.   Assistance  of  the  Department  of  Public
Health.   The  Department  of  Public Health shall assist the
Commission in carrying out its functions and responsibilities
by  providing  administrative   and   staff   support.    The
Commission  shall  advise the Department of its budgetary and
staff needs.

    Section 95.  The Civil Administrative Code of Illinois is
amended by adding Section 46.69 as follows:

    (20 ILCS 605/46.69 new)
    Sec. 46.69.   State  building  requirements.   After  the
Department has received the recommendations from the Illinois
Building  Commission,  the  Department  shall    establish  a
consolidated  clearinghouse  containing  all  existing  State
building  requirements  and  all information concerning those
requirements.  The  Department  shall  make  the  information
available to the public upon request.  The  Department  shall
assist   the  public  in  determining  which  State  building
requirements apply to any specified project.

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