|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT in relation to schools.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The School Code is amended by changing
Section | |||||||||||||||||||
5 | 2-3.12 as follows:
| |||||||||||||||||||
6 | (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
| |||||||||||||||||||
7 | Sec. 2-3.12. School building code. To prepare for school | |||||||||||||||||||
8 | boards with the
advice of the Department of Public Health, the | |||||||||||||||||||
9 | Capital Development Board, and
the State Fire Marshal a school | |||||||||||||||||||
10 | building code that will conserve the health and
safety and | |||||||||||||||||||
11 | general welfare of the pupils and school personnel and others | |||||||||||||||||||
12 | who
use public school facilities.
| |||||||||||||||||||
13 | The document known as "Efficient and Adequate Standards for | |||||||||||||||||||
14 | the Construction
of Schools" applies only to temporary school | |||||||||||||||||||
15 | facilities, new school buildings,
and additions to existing | |||||||||||||||||||
16 | schools whose construction contracts are awarded
after July 1, | |||||||||||||||||||
17 | 1965. On or before July 1, 1967, each school board shall have
| |||||||||||||||||||
18 | its school district buildings that were constructed prior to | |||||||||||||||||||
19 | January 1, 1955,
surveyed by an architect or engineer licensed | |||||||||||||||||||
20 | in the State of Illinois as
to
minimum standards necessary to | |||||||||||||||||||
21 | conserve the health and safety of the pupils
enrolled in the | |||||||||||||||||||
22 | school buildings of the district. Buildings constructed
| |||||||||||||||||||
23 | between January 1, 1955 and July 1, 1965, not owned by the | |||||||||||||||||||
24 | State of Illinois,
shall be surveyed by an architect or | |||||||||||||||||||
25 | engineer licensed in the State of Illinois
beginning 10 years | |||||||||||||||||||
26 | after acceptance of the completed building by the school
board. | |||||||||||||||||||
27 | Buildings constructed between January 1, 1955 and July 1, 1955 | |||||||||||||||||||
28 | and
previously exempt under the provisions of Section 35-27 | |||||||||||||||||||
29 | shall be surveyed prior
to July 1, 1977 by an architect or | |||||||||||||||||||
30 | engineer licensed in the State of Illinois.
The architect or | |||||||||||||||||||
31 | engineer, using the document known as "Building Specifications
| |||||||||||||||||||
32 | for Health and Safety in Public Schools" as a guide, shall make |
| |||||||
| |||||||
1 | a report of the
findings of the survey to the school board, | ||||||
2 | giving priority in that report to
fire safety problems and | ||||||
3 | recommendations thereon if any such problems exist.
The school | ||||||
4 | board of each district so surveyed and receiving a
report of | ||||||
5 | needed recommendations to be made to improve standards of | ||||||
6 | safety
and health of the pupils enrolled has until July 1, | ||||||
7 | 1970, or in case of
buildings not owned by the State of | ||||||
8 | Illinois and completed between January
1, 1955 and July 1, 1965 | ||||||
9 | or in the case of buildings previously exempt under
the | ||||||
10 | provisions of Section 35-27 has a period of 3 years after the | ||||||
11 | survey is
commenced, to effectuate those recommendations, | ||||||
12 | giving first attention to the
recommendations in the survey | ||||||
13 | report having priority status, and is authorized
to levy the | ||||||
14 | tax provided for in Section 17-2.11, according to the | ||||||
15 | provisions of
that Section, to make such improvements. School | ||||||
16 | boards unable to effectuate
those recommendations prior to July | ||||||
17 | 1, 1970, on July 1, 1980 in the case of
buildings previously | ||||||
18 | exempt under the provisions of Section 35-27, may petition
the | ||||||
19 | State Superintendent of Education upon the recommendation of | ||||||
20 | the Regional
Superintendent for an extension of time. The | ||||||
21 | extension of time may be granted
by the State Superintendent of | ||||||
22 | Education for a period of one year, but may be
extended from | ||||||
23 | year to year provided substantial progress, in the opinion of | ||||||
24 | the
State Superintendent of Education, is being made toward | ||||||
25 | compliance.
However, for fire protection issues, only one | ||||||
26 | one-year extension may be
made, and no other provision of this | ||||||
27 | Code or an applicable code may
supersede this requirement.
For | ||||||
28 | routine inspections, fire officials shall
provide written | ||||||
29 | notice to the principal of the school to schedule
a mutually | ||||||
30 | agreed upon time for the fire safety check. However, no more | ||||||
31 | than
2 routine inspections may be made in a calendar year.
| ||||||
32 | Within 2 years after the effective date of this amendatory | ||||||
33 | Act of 1983,
and every 10 years thereafter, or at such other | ||||||
34 | times as the State Board of
Education deems necessary or the | ||||||
35 | regional superintendent so orders, each school
board subject to | ||||||
36 | the provisions of this Section shall again survey its school
|
| |||||||
| |||||||
1 | buildings and effectuate any recommendations in accordance | ||||||
2 | with the procedures
set forth herein. An architect or engineer | ||||||
3 | licensed in the State of Illinois is
required to conduct the | ||||||
4 | surveys under the provisions of this Section and shall
make a | ||||||
5 | report of the findings of the survey titled "safety survey | ||||||
6 | report" to
the school board. The school board shall approve the | ||||||
7 | safety survey report,
including any recommendations to | ||||||
8 | effectuate compliance with the code, and
submit it to the | ||||||
9 | Regional Superintendent. The Regional Superintendent shall
| ||||||
10 | render a decision regarding approval or denial and submit the | ||||||
11 | safety survey
report to the State Superintendent of Education. | ||||||
12 | The State Superintendent of
Education shall approve or deny the | ||||||
13 | report including recommendations to
effectuate compliance with | ||||||
14 | the code and, if approved, issue a certificate of
approval. | ||||||
15 | Upon receipt of the certificate of approval, the Regional
| ||||||
16 | Superintendent shall issue an order to effect any approved | ||||||
17 | recommendations
included in the report. Items in the report | ||||||
18 | shall be prioritized. Urgent
items shall be considered as those | ||||||
19 | items related to life safety problems that
present an immediate | ||||||
20 | hazard to the safety of students. Required items shall be
| ||||||
21 | considered as those items that are necessary for a safe | ||||||
22 | environment but present
less of an immediate hazard to the | ||||||
23 | safety of students. Urgent and required
items shall reference a | ||||||
24 | specific rule in the code authorized by this Section
that is | ||||||
25 | currently being violated or will be violated within the next 12 | ||||||
26 | months
if the violation is not remedied. The school board of | ||||||
27 | each district so
surveyed and receiving a report of needed | ||||||
28 | recommendations to be made to
maintain standards of safety and | ||||||
29 | health of the pupils enrolled shall effectuate
the correction | ||||||
30 | of urgent items as soon as achievable to ensure the safety of
| ||||||
31 | the students, but in no case more than one year after the date | ||||||
32 | of the State
Superintendent of Education's approval of the | ||||||
33 | recommendation.
Required items shall be corrected in a timely | ||||||
34 | manner, but in
no case more than 5 years from the date of the | ||||||
35 | State Superintendent
of
Education's approval of the | ||||||
36 | recommendation. Once each year the school
board shall submit a |
| |||||||
| |||||||
1 | report of progress on completion of any
recommendations to | ||||||
2 | effectuate compliance with the code. For each year that the
| ||||||
3 | school board does not effectuate any or all approved | ||||||
4 | recommendations, it shall
petition the Regional Superintendent | ||||||
5 | and the State Superintendent of Education
detailing what work | ||||||
6 | was completed in the previous year and a work plan for
| ||||||
7 | completion of the remaining work. If in the judgement of the | ||||||
8 | Regional
Superintendent and the State Superintendent of | ||||||
9 | Education substantial progress
has been made and just cause has | ||||||
10 | been shown by the school board, the petition
for a one year | ||||||
11 | extension of time may be approved.
| ||||||
12 | As soon as practicable, but not later than 2 years after | ||||||
13 | the effective date
of this amendatory Act of 1992, the State | ||||||
14 | Board of Education shall combine
the document known as | ||||||
15 | "Efficient and Adequate Standards for the Construction of
| ||||||
16 | Schools" with the document known as "Building Specifications | ||||||
17 | for Health and
Safety in Public Schools" together with any | ||||||
18 | modifications or additions that may
be deemed necessary. The | ||||||
19 | combined document shall be known as the "Health/Life
Safety | ||||||
20 | Code for Public Schools" and shall be the governing code for | ||||||
21 | all
facilities that house public school students or are | ||||||
22 | otherwise used for public
school purposes, whether such | ||||||
23 | facilities are permanent or temporary and
whether they are | ||||||
24 | owned, leased, rented, or otherwise used by the district.
| ||||||
25 | Facilities owned by a school district but that are not used to | ||||||
26 | house public
school students or are not used for public school | ||||||
27 | purposes shall be
governed by separate provisions within the | ||||||
28 | code authorized by this Section.
| ||||||
29 | The 10 year survey cycle specified in this Section shall | ||||||
30 | continue to
apply based upon the standards contained in the | ||||||
31 | "Health/Life Safety Code
for Public Schools", which shall | ||||||
32 | specify building standards for buildings that
are constructed | ||||||
33 | prior to the effective date of this amendatory Act of 1992 and
| ||||||
34 | for buildings that are constructed after that date.
| ||||||
35 | The "Health/Life Safety Code for Public Schools" shall be | ||||||
36 | the governing code
for public schools; however, the provisions |
| |||||||
| |||||||
1 | of this Section shall not preclude
inspection of school | ||||||
2 | premises and buildings pursuant to Section 9 of the Fire
| ||||||
3 | Investigation Act, provided that the provisions of the | ||||||
4 | "Health/Life Safety Code
for Public Schools", or such | ||||||
5 | predecessor document authorized by this Section as
may be | ||||||
6 | applicable are used, and provided that those inspections are | ||||||
7 | coordinated
with the Regional Superintendent having | ||||||
8 | jurisdiction over the public school
facility.
Nothing in this | ||||||
9 | Section shall be construed to prohibit a local fire
department, | ||||||
10 | fire protection district, or the Office of the State Fire | ||||||
11 | Marshal
from
conducting a fire safety check in a public school. | ||||||
12 | Upon being notified by a
fire official that corrective action | ||||||
13 | must be taken
to resolve a violation, the school board shall | ||||||
14 | take corrective action within
one year. However, violations | ||||||
15 | that present imminent danger must be
addressed immediately.
| ||||||
16 | Any agency having jurisdiction beyond the scope of the | ||||||
17 | applicable
document authorized by this Section may issue a | ||||||
18 | lawful order to a school board
to effectuate recommendations, | ||||||
19 | and the school board receiving the order shall
certify to the | ||||||
20 | Regional Superintendent and the State Superintendent of
| ||||||
21 | Education when it has complied with the order.
| ||||||
22 | The State Board of Education is authorized to adopt any | ||||||
23 | rules that are
necessary relating to the administration and | ||||||
24 | enforcement of the provisions of
this Section. The code | ||||||
25 | authorized by this Section shall apply only to those
school | ||||||
26 | districts having a population of less than 500,000 inhabitants.
| ||||||
27 | (Source: P.A. 92-593, eff. 1-1-03.)
|