Sen. A. J. Wilhelmi
Filed: 4/2/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2654




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    AMENDMENT NO. ______. Amend Senate Bill 2654 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Capital Development Board Act is amended  by 
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adding Section 10.09-1 as follows:
 
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    (20 ILCS 3105/10.09-1  new)
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    Sec. 10.09-1. Local government adoption of building code; 
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enforcement.
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    (a) A local government that does not have an adopted model 
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minimum building code shall adopt such a building code based 
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on:
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        (1) The most recently published editions of the 
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    following codes developed by the International Code 
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    Council:
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            (A) International Building Code.
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            (B) International Fire Code.
 


 






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            (C) International Mechanical Code.
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            (D) International Fuel Gas Code.
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            (E) International Existing Building Code.
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            (F) International Property Maintenance Code.
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        (2) NFPA 70 National Electrical Code. 
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        (3) State building codes and State agency rules, such 
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    as the Illinois Plumbing Code and the Illinois 
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    Accessibility Code,  as well as the 2000 edition of NFPA 101 
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    Life Safety Code  where adopted, or such other nationally 
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    recognized model code as approved by the Capital 
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    Development Board.
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    Additions, insertions, deletions, and changes allowed by 
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the code shall be determined by the local government.
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    (b) A person performing building code enforcement must be 
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qualified by the State of Illinois or certified by a nationally 
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recognized building official certification organization with 
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significant office presence in Illinois. The Illinois State 
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Board of Education rules for plan reviewers and building 
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inspectors shall be adapted by the Capital Development Board to 
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provide the requirements of this subsection. Local governments 
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may establish agreements with other governmental entities or 
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qualified third party providers within the State to issue 
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permits and enforce building codes in a consistent manner and 
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as required by this Section.
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    (c) Buildings constructed under the requirements of this 
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Section must be inspected in accordance with the codes in 
 


 






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effect on the date of the issuance of the original building 
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permit.
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    (d) New residential construction is exempt from this 
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Section and is defined as any original construction of a 
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single-family home or a dwelling containing 2 or fewer 
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apartments, condominiums, or town houses in accordance with the 
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Illinois Residential Building Code Act.
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    (e) As used in this Section, "local government" means a 
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city, village, incorporated town, county, or fire protection 
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district.
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    (f) This Section applies beginning July 1, 2010.

 
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    Section 10. The Illinois Residential Building
Code
Act is 
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amended  by changing Sections 10 and 15 as follows:
 
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    (815 ILCS 670/10)

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    Sec. 10. Definitions.  In this Act:


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    "2006 International Residential Code" means the 2006 
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edition of the International Residential Code for
One and Two 
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Family Dwellings published by the International Code Council, 
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without amendment or appendices as
now
or hereafter amended by 
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the Council.


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    "New residential construction" means any original 
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construction of a
single-family home or a dwelling containing 2 
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or fewer apartments,
condominiums,
or town houses.


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    "Residential building code" means an ordinance, 
 


 






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resolution, law, housing or
building code, or zoning ordinance 
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that establishes, for residential building
contractors, 
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construction-related
activities
applicable to single-family or 
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2-family residential structures.


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    "Residential building contractor" means any individual, 
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corporation, or
partnership that constructs a fixed building or 
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structure for sale or use by
another as a residence or that, 
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for a price, commission, fee, wage, or other
compensation, 
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undertakes or offers to undertake the construction of any

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building or structure to be used by another as a residence, if 
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the individual,
corporation, or partnership reasonably expects 
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to earn a financial profit from
that activity.


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(Source: P.A. 93-778, eff. 1-1-05.)
 
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    (815 ILCS 670/15)

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    Sec. 15. Adoption of building code. A contract to build a 
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home  (1) in any municipality in this State that does not have a 
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residential building code in effect or (2) in any portion of a 
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county that is not located within a municipality and does not 
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have a residential building code in effect must adopt as part 
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of the construction contract  the applicability of a residential 
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building code that is agreed to by the home builder and the 
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home purchaser as provided in this Section.  The home builder 
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and the home purchaser may agree to adopt any municipal  
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residential building code or county residential building code 
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that is in effect on the first day of construction in any 
 


 






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county or municipality that is within 100 miles of the location 
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of the new home. If the home builder and the home purchaser 
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fail to agree to a residential building code or if no 
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residential building code is stated in the contract, the 
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plumbing code promulgated by the Illinois Department of Public 
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Health under Section 35 of the Illinois Plumbing License Law, 
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the NFPA 70 National Electric Code as adopted by the American 
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National Standards Institute, and the 2006 International 
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Residential Code shall, by law, be adopted as part of the 
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construction contract.

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(Source: P.A. 93-778, eff. 1-1-05.)".