(20 ILCS 3105/10.09-1)
    (Text of Section before amendment by P.A. 103-510)
    Sec. 10.09-1. Certification of inspection.
    (a) After July 1, 2011, no person may occupy a newly constructed commercial building in a non-building code jurisdiction until:
        (1) The property owner or his or her agent has first contracted for the inspection of
    
the building by an inspector who meets the qualifications established by the Board; and
        (2) The qualified inspector files a certification of inspection with the municipality or
    
county having such jurisdiction over the property indicating that the building meets compliance with the building codes adopted by the Board for non-building code jurisdictions based on the following:
            (A) The current edition or most recent preceding editions of the following codes
        
developed by the International Code Council:
                (i) International Building Code;
                (ii) International Existing Building Code; and
            (B) The current edition or most recent preceding edition of the National Electrical
        
Code NFPA 70.
    (b) This Section does not apply to any area in a municipality or county having jurisdiction that has registered its adopted building code with the Board as required by Section 55 of the Illinois Building Commission Act.
    (c) The qualification requirements of this Section do not apply to building enforcement personnel employed by jurisdictions as defined in subsection (b).
    (d) For purposes of this Section:
    "Commercial building" means any building other than a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes or a farm building as exempted from Section 3 of the Illinois Architecture Practice Act of 1989.
    "Newly constructed commercial building" means any commercial building for which original construction has commenced on or after July 1, 2011.
    "Non-building code jurisdiction" means any area of the State not subject to a building code imposed by either a county or municipality.
    "Qualified inspector" means an individual qualified by the State of Illinois, certified by a nationally recognized building official certification organization, qualified by an apprentice program certified by the Bureau of Apprentice Training, or who has filed verification of inspection experience according to rules adopted by the Board for the purposes of conducting inspections in non-building code jurisdictions.
    (e) New residential construction is exempt from this Section and is defined as any original construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes in accordance with the Illinois Residential Building Code Act.
    (f) Local governments may establish agreements with other governmental entities within the State to issue permits and enforce building codes and may hire third-party providers that are qualified in accordance with this Section to provide inspection services.
    (g) This Section does not regulate any other statutorily authorized code or regulation administered by State agencies. These include without limitation the Illinois Plumbing Code, the Illinois Environmental Barriers Act, the International Energy Conservation Code, and administrative rules adopted by the Office of the State Fire Marshal.
    (h) This Section applies beginning July 1, 2011.
(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
 
    (Text of Section after amendment by P.A. 103-510)
    Sec. 10.09-1. Certification of inspection.
    (a) No person may occupy a newly constructed commercial building or a substantially improved commercial building in a non-building code jurisdiction until:
        (1) The property owner or property owner's agent has first contracted for the inspection
    
of the building by an inspector who meets the qualifications established by the Board; and
        (2) The qualified inspector files a certification of inspection with the municipality or
    
county having such jurisdiction over the property indicating that the building complies with all of the following:
            (A) to the extent they do not conflict with the codes and rules listed in
        
subparagraphs (C) through (F), the current edition or most recent preceding edition of the following codes published by the International Code Council:
                (i) the International Building Code, including Appendix G and excluding Chapters
            
11, 13, and 29;
                (ii) the International Existing Building Code;
            (B) to the extent it does not conflict with the codes and rules listed in
        
subparagraphs (C) through (F), the current edition or most recent preceding edition of the National Electrical Code published by the National Fire Protection Association;
            (C) either:
                (i) The Energy Efficient Building Code adopted under Section 15 of the Energy
            
Efficient Building Act; or
                (ii) The Illinois Stretch Energy Code adopted under Section 55 of the Energy
            
Efficient Building Act;
            (D) the Illinois Accessibility Code adopted under Section 4 of the Environmental
        
Barriers Act;
            (E) the Illinois Plumbing Code adopted under Section 35 of the Illinois Plumbing
        
License Law; and
            (F) the rules adopted in accordance with Section 9 of the Fire Investigation Act.
        (3) Once a building permit is issued, the applicable requirements that are in effect on
    
January 1 of the calendar year when the building permit was applied for, or, where a building permit is not required, on January 1 of the calendar year when construction begins, shall be the only requirements that apply for the duration of the building permit or construction.
    (b) (Blank).
    (c) The qualification requirements of this Section do not apply to building enforcement personnel employed by a municipality or county who are acting in their official capacity.
    (d) For purposes of this Section:
    "Commercial building" means any building other than: (i) a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses; or (ii) a farm building as exempted from Section 3 of the Illinois Architecture Practice Act of 1989.
    "Newly constructed commercial building" means any commercial building for which original construction has commenced on or after July 1, 2011.
    "Non-building code jurisdiction" means any area of the State in a municipality or county having jurisdiction that: (i) has not adopted a building code; or (ii) is required to but has not identified its adopted building code to the Board under Section 10.18 of the Capital Development Board Act.
    "Qualified inspector" means an individual certified as a commercial building inspector by the International Code Council or an equivalent nationally recognized building inspector certification organization, qualified as a construction and building inspector by successful completion of an apprentice program certified by the United States Department of Labor, or who has filed verification of inspection experience according to rules adopted by the Board for the purposes of conducting inspections in non-building code jurisdictions.
    "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before damage occurred.
    "Substantially improved commercial building" means, for work commenced on or after January 1, 2025, any commercial building that has undergone any repair, reconstruction, rehabilitation, alteration, addition, or other improvement, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. If a commercial building has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. "Substantially improved commercial building" does not include: (i) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (ii) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
    (e) Except as provided in Section 15 of the Illinois Residential Building Code Act, new residential construction is exempt from this Section and is defined as any original construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses.
    (f) Local governments may establish agreements with other governmental entities within the State to issue permits and enforce building codes and may hire third-party providers that are qualified in accordance with this Section to provide inspection services.
    (g) This Section does not limit the applicability of any other statutorily authorized code or regulation administered by State agencies. These include without limitation the codes and regulations listed in subparagraphs (C) through (F) of paragraph (2) of subsection (a).
    (h) The changes to this Section made by this amendatory Act of the 103rd General Assembly shall apply beginning on January 1, 2025.
(Source: P.A. 102-558, eff. 8-20-21; 103-510, eff. 1-1-24.)