SB2174 93RD GENERAL ASSEMBLY

LRB093 15174 RAS 40770 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2174

Introduced 1/14/2004, by Denny Jacobs

SYNOPSIS AS INTRODUCED:

20 ILCS 3918/10
20 ILCS 3918/15
20 ILCS 3918/20
20 ILCS 3918/25
20 ILCS 3918/30
20 ILCS 3918/35

Amends the Illinois Building Commission Act. Provides that the Commission shall consist of 15 Board members (now 11), the additional member to be legislators appointed by the legislative leaders. Provides guidelines for the creation of subcommittees and the selection of subcommittee members. Provides for the Commission to appoint an Executive Director from a list of persons nominated by the governor. Makes other various changes.

A BILL FOR

AN ACT concerning boards and commissions.

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 changing Sections 10, 15, 20, 25, 30, and 35 as follows:

(20 ILCS 3918/10)

Sec. 10. Creation. An advisory commission, to be known as the Illinois Building Commission, is created. The Commission shall consist of 15 Board 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. Eleven members of the Commission shall be appointed by the Governor, with the advice and consent of the Senate. The President of the Senate, the Minority leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint one legislative member to serve on the Commission.

From nominations received from the Governor, the members of the Commission shall appoint an Executive Director who shall be a person knowledgeable in the area of design and construction requirements.

(Source: P.A. 90-269, eff. 1-1-98.)

(20 ILCS 3918/15)

Sec. 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. Legislators shall serve terms of 2 years. Board Members may be appointed for more than one term. A chairman of the Commission shall be elected annually each year by the members of the Commission. Commission Board 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.

(Source: P.A. 90-269, eff. 1-1-98.)

(20 ILCS 3918/20)

Sec. 20. Subcommittees. The Commission may create subcommittees and appoint members and non-members to those subcommittees as determined necessary by the Commission. Subcommittee members shall be appointed by the Executive Committee with the approval of the full Commission. A member of the Commission shall be designated as an ex-officio member of each designated subcommittee. All subcommittee recommendations are subject to full Commission approval. 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.

(Source: P.A. 90-269, eff. 1-1-98.)

(20 ILCS 3918/25)

Sec. 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 recommend 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. As used in this Section, for dispute resolution arising out of Section 8 or 8.5 of the Hospital Licensing Act, "building requirements" includes the application of building codes for new and existing construction and related Department rules and standards under the Hospital Licensing Act, including without limitation rules and standards for (i) design and construction, (ii) engineering and maintenance of the physical plant, site, equipment, and systems (heating, cooling, electrical, ventilation, plumbing, water, sewer, and solid waste disposal), and (iii) fire and safety.

If the recommended suggested resolution of a conflict between the Department of Public Health and a health care provider is to (i) accept an equivalency determined by the Fire Safety Evaluation System, (ii) waive State rules or standards, or (iii) seek a waiver of federal rules or standards, the Commission may take steps it deems reasonably necessary to facilitate the recommended suggested resolution, including preparing a waiver request and directing the Department of Public Health to recommend the request to the appropriate federal agency.

(Source: P.A. 92-803, eff. 8-16-02.)

(20 ILCS 3918/30)

Sec. 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) recommend 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) recommend suggest procedures and formats for appeals of State agency decisions.

(Source: P.A. 90-269, eff. 1-1-98.)

(20 ILCS 3918/35)

Sec. 35. Administration and enforcement of State building requirements. The Commission shall also recommend 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 Economic Opportunity 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.

(Source: P.A. 90-269, eff. 1-1-98.)