HB0978ham001 94TH GENERAL ASSEMBLY

Rep. Sidney H. Mathias

Filed: 4/12/2005

09400HB0978ham001 LRB094 08385 NHT 45011 a

AMENDMENT TO HOUSE BILL 978

AMENDMENT NO. ______. Amend House Bill 978 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 2-3.12, 3-14.20, and 3-14.21 and by adding Section 3-14.20a as follows:

(105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)

Sec. 2-3.12. School building code. To prepare for school boards with the advice of the Department of Public Health, the Capital Development Board, and the State Fire Marshal a school building code that will conserve the health and safety and general welfare of the pupils and school personnel and others who use public school facilities.

The document known as "Efficient and Adequate Standards for the Construction of Schools" applies only to temporary school facilities, new school buildings, and additions to existing schools whose construction contracts are awarded after July 1, 1965. On or before July 1, 1967, each school board shall have its school district buildings that were constructed prior to January 1, 1955, surveyed by an architect or engineer licensed in the State of Illinois as to minimum standards necessary to conserve the health and safety of the pupils enrolled in the school buildings of the district. Buildings constructed between January 1, 1955 and July 1, 1965, not owned by the State of Illinois, shall be surveyed by an architect or engineer licensed in the State of Illinois beginning 10 years after acceptance of the completed building by the school board. Buildings constructed between January 1, 1955 and July 1, 1955 and previously exempt under the provisions of Section 35-27 shall be surveyed prior to July 1, 1977 by an architect or engineer licensed in the State of Illinois. The architect or engineer, using the document known as "Building Specifications for Health and Safety in Public Schools" as a guide, shall make a report of the findings of the survey to the school board, giving priority in that report to fire safety problems and recommendations thereon if any such problems exist. The school board of each district so surveyed and receiving a report of needed recommendations to be made to improve standards of safety and health of the pupils enrolled has until July 1, 1970, or in case of buildings not owned by the State of Illinois and completed between January 1, 1955 and July 1, 1965 or in the case of buildings previously exempt under the provisions of Section 35-27 has a period of 3 years after the survey is commenced, to effectuate those recommendations, giving first attention to the recommendations in the survey report having priority status, and is authorized to levy the tax provided for in Section 17-2.11, according to the provisions of that Section, to make such improvements. School boards unable to effectuate those recommendations prior to July 1, 1970, on July 1, 1980 in the case of buildings previously exempt under the provisions of Section 35-27, may petition the State Superintendent of Education upon the recommendation of the Regional Superintendent for an extension of time. The extension of time may be granted by the State Superintendent of Education for a period of one year, but may be extended from year to year provided substantial progress, in the opinion of the State Superintendent of Education, is being made toward compliance. However, for fire protection issues, only one one-year extension may be made, and no other provision of this Code or an applicable code may supersede this requirement. For routine inspections, the State Fire Marshal or local fire officials to whom the State Fire Marshal has delegated his or her authority shall notify the regional superintendent of schools, the district superintendent, and provide written notice to the principal of the school in advance to schedule a mutually agreed upon time for the fire safety check. However, no more than 2 routine inspections may be made in a calendar year.

Within 2 years after the effective date of this amendatory Act of 1983, and every 10 years thereafter, or at such other times as the State Board of Education deems necessary or the regional superintendent so orders, each school board subject to the provisions of this Section shall again survey its school buildings and effectuate any recommendations in accordance with the procedures set forth herein. An architect or engineer licensed in the State of Illinois is required to conduct the surveys under the provisions of this Section and shall make a report of the findings of the survey titled "safety survey report" to the school board. The school board shall approve the safety survey report, including any recommendations to effectuate compliance with the code, and submit it to the Regional Superintendent. The Regional Superintendent shall render a decision regarding approval or denial and submit the safety survey report to the State Superintendent of Education. The State Superintendent of Education shall approve or deny the report including recommendations to effectuate compliance with the code and, if approved, issue a certificate of approval. Upon receipt of the certificate of approval, the Regional Superintendent shall issue an order to effect any approved recommendations included in the report. Items in the report shall be prioritized. Urgent items shall be considered as those items related to life safety problems that present an immediate hazard to the safety of students. Required items shall be considered as those items that are necessary for a safe environment but present less of an immediate hazard to the safety of students. Urgent and required items shall reference a specific rule in the code authorized by this Section that is currently being violated or will be violated within the next 12 months if the violation is not remedied. The school board of each district so surveyed and receiving a report of needed recommendations to be made to maintain standards of safety and health of the pupils enrolled shall effectuate the correction of urgent items as soon as achievable to ensure the safety of the students, but in no case more than one year after the date of the State Superintendent of Education's approval of the recommendation. Required items shall be corrected in a timely manner, but in no case more than 5 years from the date of the State Superintendent of Education's approval of the recommendation. Once each year the school board shall submit a report of progress on completion of any recommendations to effectuate compliance with the code. For each year that the school board does not effectuate any or all approved recommendations, it shall petition the Regional Superintendent and the State Superintendent of Education detailing what work was completed in the previous year and a work plan for completion of the remaining work. If in the judgement of the Regional Superintendent and the State Superintendent of Education substantial progress has been made and just cause has been shown by the school board, the petition for a one year extension of time may be approved.

As soon as practicable, but not later than 2 years after the effective date of this amendatory Act of 1992, the State Board of Education shall combine the document known as "Efficient and Adequate Standards for the Construction of Schools" with the document known as "Building Specifications for Health and Safety in Public Schools" together with any modifications or additions that may be deemed necessary. The combined document shall be known as the "Health/Life Safety Code for Public Schools" and shall be the governing code for all facilities that house public school students or are otherwise used for public school purposes, whether such facilities are permanent or temporary and whether they are owned, leased, rented, or otherwise used by the district. Facilities owned by a school district but that are not used to house public school students or are not used for public school purposes shall be governed by separate provisions within the code authorized by this Section.

The 10 year survey cycle specified in this Section shall continue to apply based upon the standards contained in the "Health/Life Safety Code for Public Schools", which shall specify building standards and fire safety standards for buildings that are constructed prior to the effective date of this amendatory Act of 1992 and for buildings that are constructed after that date.

The "Health/Life Safety Code for Public Schools" shall be the governing code for public schools; however, the provisions of this Section shall not preclude inspection of school premises and buildings pursuant to Section 9 of the Fire Investigation Act, provided that the provisions of the "Health/Life Safety Code for Public Schools", or such predecessor document authorized by this Section as may be applicable are used, and provided that those inspections are coordinated with the Regional Superintendent having jurisdiction over the public school facility. Nothing in this Section shall be construed to prohibit the State Fire Marshal or a qualified a local fire official to whom the State Fire Marshal has delegated his or her authority department, fire protection district, or the Office of the State Fire Marshal from conducting a fire safety check in a public school. A "qualified local fire official" means a person who is certified by the International Code Council as an International Fire Code plan reviewer or inspector or who is certified as a Fire Inspector by the Office of the State Fire Marshal. Upon being notified by the State Fire Marshal or the local a fire official that corrective action must be taken to resolve a violation, the school board, in cooperation with the State Fire Marshal or the local fire official, shall develop a plan to correct the violation take corrective action within one year. However, violations that present imminent danger must be addressed immediately.

Any agency having jurisdiction beyond the scope of the applicable document authorized by this Section may issue a lawful order to a school board to effectuate recommendations, and the school board receiving the order shall certify to the Regional Superintendent and the State Superintendent of Education when it has complied with the order.

The State Board of Education is authorized to adopt any rules that are necessary relating to the administration and enforcement of the provisions of this Section. The code authorized by this Section shall apply only to those school districts having a population of less than 500,000 inhabitants.

(Source: P.A. 92-593, eff. 1-1-03.)

(105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)

Sec. 3-14.20. Building plans and specifications. To inspect the building plans and specifications, including but not limited to plans and specifications for the heating, ventilating, lighting, seating, water supply, toilets, and electrical work to ensure the safety against fire of occupants in public school rooms and buildings submitted to him by school boards, and to approve all those which comply substantially with the building code authorized in Section 2-3.12.

For purposes of this Section:

"Certified inspector" means a person acting on behalf of a municipality or county who has no contractual interest in the project and who meets one of the following requirements:

(1) Holds certification by the International Code Council as a Commercial Building Inspector.

(2) Holds certification as a State plumbing inspector under the Illinois Plumbing License Law.

(3) Holds State licensure as a design professional.

"Certified plan reviewer" means a person acting on behalf of a municipality or county who has no contractual interest in the project and who meets one of the following requirements:

(1) Holds certification by the International Code Council as a Commercial Buildings Plan Examiner.

(2) Holds licensure as a plumbing inspector under the Illinois Plumbing License Law.

(3) Holds State licensure as a design professional.

If a municipality or, in the case of an unincorporated area, a county wishes to be notified of plans and specifications received by a regional office of education for any future construction or alteration, then the municipality or county must register this wish with the regional superintendent of schools and at this time must submit a copy of the credentials of its certified inspector or certified plan reviewer that he or she needs to meet the definition of certified inspector or certified plan reviewer under this Section. Within 10 days after the regional superintendent of schools receives the plans and specifications from a school board and prior to the bidding process, he or she shall notify the registered municipality or county where the school that is being constructed or altered lies that plans and specifications have been received. If the municipality or county requests a review of the plans and specifications, then the school board shall submit a copy of the plans and specifications to the municipality or county. A certified plan reviewer for the municipality or county may comment in writing on the plans and specifications based on the building code authorized in Section 2-3.12 of this Code, referencing the specific code where a discrepancy has been identified, and respond back to the regional superintendent of schools within 15 working days after a copy of the plans and specifications have been received or, if needed for plan review, such additional time as agreed to by the regional superintendent of schools. This review must be at no direct or indirect cost to the school district.

If a certified inspector for the municipality or county wishes to inspect the actual school construction or alteration, he or she must set up an initial pre-construction meeting with the regional superintendent of schools, outlining the inspection schedule and construction reviews. The regional superintendent of schools shall then notify the school district. The certified inspector shall respond to the regional superintendent of schools in writing with any comments at the completion of each inspection. These comments shall be based on the building code authorized in Section 2-3.12 of this Code. These inspections shall be done at no direct or indirect cost to the school district. The local fire department or fire protection district where the school is being constructed or altered may request a review of the plans and specifications. The regional superintendent of schools shall submit a copy of the plans and specifications within 10 business days after the request. The fire department or fire protection district may comment on the plans and specifications based on the building code authorized in Section 2-3.12 of the Code and, if any corrective action must be taken, shall respond to the regional superintendent of schools within 15 days after receipt of the plans and specifications. The Office of the State Fire Marshal may review the plans and specifications at the request of the fire department or fire protection district. The review must be conducted at no cost to the school district.

If such plans and specifications are not approved or denied approval by the regional superintendent of schools within 3 months after the date on which they are submitted to him or her, the school board may submit such plans and specifications directly to the State Superintendent of Education for approval or denial.

(Source: P.A. 92-593, eff. 1-1-03.)

(105 ILCS 5/3-14.20a new)

Sec. 3-14.20a. Fire safety review of building plans and specifications. To ensure the safety of children against fire in public school rooms and buildings by having the State Fire Marshal or his or her designee review the building plans and specifications for any school buildings being constructed or altered before the bidding process. Within 10 business days after the regional superintendent of schools receives plans and specifications under Section 3-14.20 of this Code, he or she shall contact the State Fire Marshal. The State Fire Marshal shall direct the regional superintendent to send a copy of the plans and specifications to the State Fire Marshal or his or her designee. The State Fire Marshal or his or her designee shall review the plans and specifications and provide the regional superintendent with a written response of its review within 15 business days after receipt of the plans and specifications. The review shall be based on the fire safety code authorized in Section 2-3.12 of this Code. The written response shall inform the regional superintendent that the plans and specifications comply with the fire safety code or identify the changes that are required for the plans to comply with the fire safety code, referencing the specific code section where a discrepancy has been identified. If the regional superintendent concurs with the State Fire Marshal's or his or her designee's required changes, the regional superintendent shall require the plans and specifications to be amended by the design professional and returned to the State Fire Marshal or his or her designee for approval.

The State Fire Marshal or his or her designee may inspect the actual construction or alteration by contacting the regional superintendent of schools. The regional superintendent shall contact the school district and arrange for the inspection. Should the inspection reveal any non-compliance with the building plans and specifications, the regional superintendent shall be notified so that he or she may take corrective action with the school board.

The State Fire Marshal may delegate its authority to review plans and specifications and conduct inspections under this Section to a qualified local fire official, as defined in Section 2-3.12 of this Code, who provides fire protection services to the school building. A qualified fire department shall be deemed to be the State Fire Marshal's designee for purposes of this Section.

The State Fire Marshal, in cooperation with the State Board of Education, shall adopt any rules that are necessary to administer this Section.

The plan review and inspection under this Section shall be done at no direct or indirect cost to the school district.

(105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)

Sec. 3-14.21. Inspection of schools.

(a) The regional superintendent shall inspect and survey all public schools under his or her supervision and notify the board of education, or the trustees of schools in a district with trustees, in writing before July 30, whether or not the several schools in their district have passed the annual fire safety inspection required under subsection (c) of this Section and have been kept as required by law, using forms provided by the State Board of Education which are based on the Health/Life Safety Code for Public Schools adopted under Section 2-3.12. The regional superintendent shall report his or her findings to the State Board of Education on forms provided by the State Board of Education.

(b) If the regional superintendent determines that a school board has failed in a timely manner to correct urgent items identified in a previous life-safety report completed under Section 2-3.12 or as otherwise previously ordered by the regional superintendent or has failed in a timely manner to correct violations identified in the annual fire safety inspection conducted under subsection (c) of this Section, the regional superintendent shall order the school board to adopt and submit to the regional superintendent a plan for the immediate correction of the building violations. This plan shall be adopted following a public hearing that is conducted by the school board on the violations and the plan and that is preceded by at least 7 days' prior notice of the hearing published in a newspaper of general circulation within the school district. If the regional superintendent determines in the next annual inspection that the plan has not been completed and that the violations have not been corrected, the regional superintendent shall submit a report to the State Board of Education with a recommendation that the State Board withhold from payments of general State aid due to the district an amount necessary to correct the outstanding violations. The State Board, upon notice to the school board and to the regional superintendent, shall consider the report at a meeting of the State Board, and may order that a sufficient amount of general State aid be withheld from payments due to the district to correct the violations. This amount shall be paid to the regional superintendent who shall contract on behalf of the school board for the correction of the outstanding violations.

(c) The State Fire Marshal or his or her designee shall conduct an annual fire safety inspection of each school building in this State. The State Fire Marshal or his or her designee shall coordinate its inspection with the regional superintendent of schools. The inspection shall be based on the fire safety code authorized in Section 2-3.12 of this Code. Any violations shall be reported to the regional superintendent and the school board in writing, referencing the specific code section where a discrepancy has been identified. The school board, in cooperation with the State Fire Marshal or his or her designee, shall develop a plan to correct any fire safety violations. The regional superintendent shall address such violations that are not corrected in a timely manner pursuant to subsection (b) of this Section.

The State Fire Marshal may delegate its authority to conduct fire safety inspections to a qualified local fire official, as defined in Section 2-3.12 of this Code, who provides fire protection services to the school building. A qualified fire department shall be deemed to be the State Fire Marshal's designee for purposes of this Section.

The State Fire Marshal, in cooperation with the State Board of Education, shall adopt any rules necessary to administer this subsection (c).

The inspection under this subsection (c) shall be done at no direct or indirect cost to the school district.

(Source: P.A. 90-464, eff. 8-17-97.)

Section 99. Effective date. This Act takes effect upon becoming law.".