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Public Act 92-0489
SB754 Enrolled LRB9200713MWpk
AN ACT in relation to building codes.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Building Commission Act is
amended by adding Section 55 as follows:
(20 ILCS 3918/55 new)
Sec. 55. Identification of local building codes.
Beginning on the effective date of this amendatory Act of the
92nd General Assembly, a municipality 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 Commission. The Commission must identify
the proposed code, by the title and edition, or the amendment
to the public on the Internet through the State of Illinois
World Wide Web site.
The Commission may adopt any rules necessary to implement
this Section.
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 a municipality or
county, as the case may be.
Section 10. 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. 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.
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 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. 86-962.)
(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 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. 86-962.)
Section 15. The Illinois Municipal Code is amended by
adding Section 1-2-3.1 as follows:
(65 ILCS 5/1-2-3.1 new)
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 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.
Section 99. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly May 30, 2001.
Approved August 23, 2001.
Effective July 01, 2002.
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