Public Act 90-0269 of the 90th General Assembly
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
necessary.
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.