093_SB0022ham001
LRB093 02187 RCE 15528 a
1 AMENDMENT TO SENATE BILL 22
2 AMENDMENT NO. . Amend Senate Bill 22 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by changing
5 Section 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,
9 the Capital Development Board, and the State Fire Marshal a
10 school building code that will conserve the health and safety
11 and general welfare of the pupils and school personnel and
12 others who use public school facilities.
13 The document known as "Efficient and Adequate Standards
14 for the Construction of Schools" applies only to temporary
15 school facilities, new school buildings, and additions to
16 existing schools whose construction contracts are awarded
17 after July 1, 1965. On or before July 1, 1967, each school
18 board shall have its school district buildings that were
19 constructed prior to January 1, 1955, surveyed by an
20 architect or engineer licensed in the State of Illinois as to
21 minimum standards necessary to conserve the health and safety
22 of the pupils enrolled in the school buildings of the
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1 district. Buildings constructed between January 1, 1955 and
2 July 1, 1965, not owned by the State of Illinois, shall be
3 surveyed by an architect or engineer licensed in the State of
4 Illinois beginning 10 years after acceptance of the completed
5 building by the school board. Buildings constructed between
6 January 1, 1955 and July 1, 1955 and previously exempt under
7 the provisions of Section 35-27 shall be surveyed prior to
8 July 1, 1977 by an architect or engineer licensed in the
9 State of Illinois. The architect or engineer, using the
10 document known as "Building Specifications for Health and
11 Safety in Public Schools" as a guide, shall make a report of
12 the findings of the survey to the school board, giving
13 priority in that report to fire safety problems and
14 recommendations thereon if any such problems exist. The
15 school board of each district so surveyed and receiving a
16 report of needed recommendations to be made to improve
17 standards of safety and health of the pupils enrolled has
18 until July 1, 1970, or in case of buildings not owned by the
19 State of Illinois and completed between January 1, 1955 and
20 July 1, 1965 or in the case of buildings previously exempt
21 under the provisions of Section 35-27 has a period of 3 years
22 after the survey is commenced, to effectuate those
23 recommendations, giving first attention to the
24 recommendations in the survey report having priority status,
25 and is authorized to levy the tax provided for in Section
26 17-2.11, according to the provisions of that Section, to make
27 such improvements. School boards unable to effectuate those
28 recommendations prior to July 1, 1970, on July 1, 1980 in the
29 case of buildings previously exempt under the provisions of
30 Section 35-27, may petition the State Superintendent of
31 Education upon the recommendation of the Regional
32 Superintendent for an extension of time. The extension of
33 time may be granted by the State Superintendent of Education
34 for a period of one year, but may be extended from year to
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1 year provided substantial progress, in the opinion of the
2 State Superintendent of Education, is being made toward
3 compliance. However, for fire protection issues, only one
4 one-year extension may be made, and no other provision of
5 this Code or an applicable code may supersede this
6 requirement. For routine inspections, fire officials shall
7 provide written notice to the principal of the school to
8 schedule a mutually agreed upon time for the fire safety
9 check. However, no more than 2 routine inspections may be
10 made in a calendar year.
11 Within 2 years after the effective date of this
12 amendatory Act of 1983, and every 10 years thereafter, or at
13 such other times as the State Board of Education deems
14 necessary or the regional superintendent so orders, each
15 school board subject to the provisions of this Section shall
16 again survey its school buildings and effectuate any
17 recommendations in accordance with the procedures set forth
18 herein. An architect or engineer licensed in the State of
19 Illinois is required to conduct the surveys under the
20 provisions of this Section and shall make a report of the
21 findings of the survey titled "safety survey report" to the
22 school board. The school board shall approve the safety
23 survey report, including any recommendations to effectuate
24 compliance with the code, and submit it to the Regional
25 Superintendent. The Regional Superintendent shall render a
26 decision regarding approval or denial and submit the safety
27 survey report to the State Superintendent of Education. The
28 State Superintendent of Education shall approve or deny the
29 report including recommendations to effectuate compliance
30 with the code and, if approved, issue a certificate of
31 approval. Upon receipt of the certificate of approval, the
32 Regional Superintendent shall issue an order to effect any
33 approved recommendations included in the report. Items in
34 the report shall be prioritized. Urgent items shall be
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1 considered as those items related to life safety problems
2 that present an immediate hazard to the safety of students.
3 Required items shall be considered as those items that are
4 necessary for a safe environment but present less of an
5 immediate hazard to the safety of students. Urgent and
6 required items shall reference a specific rule in the code
7 authorized by this Section that is currently being violated
8 or will be violated within the next 12 months if the
9 violation is not remedied. The school board of each district
10 so surveyed and receiving a report of needed recommendations
11 to be made to maintain standards of safety and health of the
12 pupils enrolled shall effectuate the correction of urgent
13 items as soon as achievable to ensure the safety of the
14 students, but in no case more than one year after the date of
15 the State Superintendent of Education's approval of the
16 recommendation. Required items shall be corrected in a
17 timely manner, but in no case more than 5 years from the date
18 of the State Superintendent of Education's approval of the
19 recommendation. Once each year the school board shall submit
20 a report of progress on completion of any recommendations to
21 effectuate compliance with the code. For each year that the
22 school board does not effectuate any or all approved
23 recommendations, it shall petition the Regional
24 Superintendent and the State Superintendent of Education
25 detailing what work was completed in the previous year and a
26 work plan for completion of the remaining work. If in the
27 judgement of the Regional Superintendent and the State
28 Superintendent of Education substantial progress has been
29 made and just cause has been shown by the school board, the
30 petition for a one year extension of time may be approved.
31 As soon as practicable, but not later than 2 years after
32 the effective date of this amendatory Act of 1992, the State
33 Board of Education shall combine the document known as
34 "Efficient and Adequate Standards for the Construction of
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1 Schools" with the document known as "Building Specifications
2 for Health and Safety in Public Schools" together with any
3 modifications or additions that may be deemed necessary. The
4 combined document shall be known as the "Health/Life Safety
5 Code for Public Schools" and shall be the governing code for
6 all facilities that house public school students or are
7 otherwise used for public school purposes, whether such
8 facilities are permanent or temporary and whether they are
9 owned, leased, rented, or otherwise used by the district.
10 Facilities owned by a school district but that are not used
11 to house public school students or are not used for public
12 school purposes shall be governed by separate provisions
13 within the code authorized by this Section.
14 The 10 year survey cycle specified in this Section shall
15 continue to apply based upon the standards contained in the
16 "Health/Life Safety Code for Public Schools", which shall
17 specify building standards for buildings that are constructed
18 prior to the effective date of this amendatory Act of 1992
19 and for buildings that are constructed after that date.
20 The "Health/Life Safety Code for Public Schools" shall be
21 the governing code for public schools; however, the
22 provisions of this Section shall not preclude inspection of
23 school premises and buildings pursuant to Section 9 of the
24 Fire Investigation Act, provided that the provisions of the
25 "Health/Life Safety Code for Public Schools", or such
26 predecessor document authorized by this Section as may be
27 applicable are used, and provided that those inspections are
28 coordinated with the Regional Superintendent having
29 jurisdiction over the public school facility. Nothing in
30 this Section shall be construed to prohibit a local fire
31 department, fire protection district, or the Office of the
32 State Fire Marshal from conducting a fire safety check in a
33 public school. Upon being notified by a fire official that
34 corrective action must be taken to resolve a violation, the
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1 school board shall take corrective action within one year.
2 However, violations that present imminent danger must be
3 addressed immediately.
4 Any agency having jurisdiction beyond the scope of the
5 applicable document authorized by this Section may issue a
6 lawful order to a school board to effectuate recommendations,
7 and the school board receiving the order shall certify to the
8 Regional Superintendent and the State Superintendent of
9 Education when it has complied with the order.
10 The State Board of Education is authorized to adopt any
11 rules that are necessary relating to the administration and
12 enforcement of the provisions of this Section. The code
13 authorized by this Section shall apply only to those school
14 districts having a population of less than 500,000
15 inhabitants.
16 (Source: P.A. 92-593, eff. 1-1-03.)".