103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2368

 

Introduced 2/10/2023, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 3105/10.09-1
815 ILCS 670/Act rep.

    Creates the State Building and Residential Codes Act. Provides that the Capital Development Board, in consultation with the Department of Natural Resources, shall adopt a Building Code that establishes minimum requirements for the construction of commercial buildings, that shall apply to the construction of, renovations to, and additions to all commercial buildings in the State. Provides that the Board, in consultation with the Environmental Protection Agency, shall also adopt a Residential Code as the minimum and maximum requirements for the construction of residential buildings, that shall apply to the construction of, renovations to, and additions to all residential buildings in the State. Contains provisions concerning applicability; technical assistance; enforcement; rules; input from interested parties; and a prohibition on grants. Preempts home rule powers. Amends the Capital Development Board Act to make conforming changes. Repeals the Illinois Residential Building Codes Act. Effective immediately.


LRB103 25789 SPS 52138 b

 

 

A BILL FOR

 

SB2368LRB103 25789 SPS 52138 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the State
5Building and Residential Codes Act.
 
6    Section 5. Findings.
7    (a) The General Assembly finds that an effective building
8code and residential code is essential to:
9        (1) protect Illinoisans from a wide range of hazards,
10    including flooding, fire, and storm damage;
11        (2) reduce economic losses associated with natural
12    disasters, that are expected to worsen due to climate
13    change;
14        (3) ensure new construction is based on the latest
15    science and technology to promote public safety and
16    health;
17        (4) improve efficiencies in permitting and enforcement
18    by setting a uniform standard for all communities; and
19        (5) help Illinois communities secure reduced insurance
20    premiums, lower bond ratings, and federal disaster
21    mitigation funding.
 
22    Section 10. Definitions.

 

 

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1    "Agency" means the Environmental Protection Agency.
2    "Board" means the Capital Development Board.
3    "Building" includes residential buildings and commercial
4buildings.
5    "Building Code" means the latest published edition of the
6International Building Code (IBC) developed by the
7International Code Council as adopted by the Board, including
8any published supplements adopted by the Board and any
9amendments and adaptations to the Code that are made by the
10Board.
11    "Commercial building" means any building that is not a
12residential building.
13    "Department" means the Department of Natural Resources.
14    "Municipality" means any city, village, or incorporated
15town.
16    "Residential building" means (i) a detached one-family or
172-family dwelling; (ii) any building that is 3 stories or less
18in height above grade that contains multiple dwelling units,
19in which the occupants reside on a primarily permanent basis,
20such as a townhouse, a row house, an apartment house, a
21convent, a monastery, a rectory, a fraternity or sorority
22house, a dormitory, and a rooming house; provided, however,
23that when applied to a building located within the boundaries
24of a municipality having a population of 1,000,000 or more; or
25(iii) a building containing one or more dwelling units, not
26exceeding 4 stories above grade, where occupants are primarily

 

 

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1permanent.
2    "Residential Code" means the latest published edition of
3the International Residential Code (IRC) developed by the
4International Code Council as adopted by the Board, including
5any published supplements adopted by the Board and any
6amendments and adaptations to the Code that are made by the
7Board.
 
8    Section 15. Adoption of the Building Code and the
9Residential Code.
10    (a) The Board, in consultation with the Department, shall
11adopt a Building Code that establishes minimum requirements
12for the construction of commercial buildings, that shall apply
13to the construction of, renovations to, and additions to all
14commercial buildings in the State, except as provided for in
15Section 45.
16    (b) The Board, in consultation with the Agency, shall also
17adopt a Residential Code as the minimum and maximum
18requirements for the construction of residential buildings,
19that shall apply to the construction of, renovations to, and
20additions to all residential buildings in the State, except as
21provided for in Section 45.
22    (c) The Board may appropriately adapt the Building Code
23and the Residential Code to apply to the particular economy,
24population distribution, geography, and climate of the State
25and construction therein, consistent with the public policy

 

 

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1objectives of this Act.
 
2    Section 20. Applicability.
3    (a) The Board shall review and adopt the Building Code and
4the Residential Code within one year after their publication.
5The Building Code and the Residential Code shall take effect
6within 6 months after they are adopted by the Board, except
7that, beginning January 1, 2024, the Building Code and the
8Residential Code adopted in 2024 shall take effect on January
91, 2025. Except as otherwise provided in this Act, the
10Building Code and the Residential Code shall apply to (i) any
11new building or structure in this State for which a building
12permit application is received by a municipality or county and
13(ii) beginning on the effective date of this Act, each State
14facility specified in Section 4.01 of the Capital Development
15Board Act. In the case of any addition, alteration,
16renovation, or repair to an existing residential or commercial
17structure, the Building Code and the Residential Code adopted
18under this Act applies only to the portions of that structure
19that are being added, altered, renovated, or repaired.
20    (b) The following buildings shall be exempt from the
21Building Code and the Residential Code:
22        (1) Buildings otherwise exempt from the provisions of
23    a locally adopted building code and buildings that do not
24    contain a conditioned space.
25        (2) Historic buildings. This exemption shall apply to

 

 

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1    those buildings that are listed on the National Register
2    of Historic Places or the Illinois Register of Historic
3    Places, and to those buildings that have been designated
4    as historically significant by a local governing body that
5    is authorized to make such designations.
6        (3) Other buildings specified as exempt by the
7    International Building Code or the International
8    Residential Code.
9    (c) Additions, alterations, renovations, or repairs to an
10existing building, building system, or portion thereof shall
11conform to the provisions of the Building Code and the
12Residential Code as they relate to new construction without
13requiring the unaltered portion of the existing building or
14building system to comply with the Building Code and the
15Residential Code.
16    (d) A unit of local government that does not regulate
17building standards is not required to adopt, enforce, or
18administer the Building Code and the Residential Code, but any
19building standards adopted by a unit of local government must
20comply with this Act. If a unit of local government does not
21regulate building standards, any construction, renovation, or
22addition to buildings or structures is subject to the
23provisions contained in this Act.
 
24    Section 25. Technical assistance.
25    (a) The Department shall make available to builders,

 

 

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1designers, engineers, and architects implementation materials
2and training to explain the requirements of the Building Code
3and the Residential Code and describe methods of compliance
4acceptable to code enforcement officials. The materials shall
5include software tools, simplified prescriptive options, and
6other materials as appropriate. The simplified materials shall
7be designed for projects in which a design professional may
8not be involved.
9    (b) The Department shall provide local jurisdictions with
10technical assistance concerning implementation and enforcement
11of the Building Code and the Residential Code.
 
12    Section 30. Enforcement. The Board, in consultation with
13the Department, shall determine procedures for compliance with
14the Building Code and the Residential Code. These procedures
15may include, but need not be limited to, certification by a
16national, State, or local accredited program or inspections
17from private certified inspectors using the Building Code and
18the Residential Code.
 
19    Section 35. Rules. The Board may adopt any rules that are
20necessary for the implementation of this Act.
 
21    Section 40. Input from interested parties. When developing
22Building Code and the Residential Code adaptations, rules, and
23procedures for compliance with the Building Code and the

 

 

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1Residential Code, the Capital Development Board shall seek
2input from representatives from the building trades, design
3professionals, construction professionals, code
4administrators, and other interested entities affected. Any
5board or group that the Capital Development Board seeks input
6from must include the following:
7    (1) a representative from a group that represents
8environmental justice;
9    (2) a representative of a nonprofit or professional
10association advocating for the environment;
11    (3) a climate adaptation advocate with technical expertise
12in single-family residential buildings;
13    (4) a climate adaptation advocate with technical expertise
14in commercial buildings; and
15    (5) a climate adaptation advocate with technical expertise
16in multifamily buildings, such as an affordable housing
17developer.
 
18    Section 45. Home rule.
19    (a) No unit of local government, including any home rule
20unit, may regulate building standards for residential
21buildings in a manner that is either less or more stringent
22than the standards established pursuant to this Act; however,
23the following entities may regulate building standards for
24residential or commercial buildings in a manner that is more
25stringent than the provisions contained in this Act:

 

 

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1        (1) a unit of local government, including a home rule
2    unit, that has, on or before the date of enactment,
3    adopted or incorporated by reference building standards
4    for residential or commercial buildings that are
5    equivalent to or more stringent than the 2021
6    International Building Code or the 2021 International
7    Residential Code;
8        (2) a unit of local government, including a home rule
9    unit, that has, on or before the date of enactment,
10    provided to the Capital Development Board, as required by
11    Section 10.18 of the Capital Development Board Act, an
12    identification of a building code or amendment that is
13    equivalent to or more stringent than the 2021
14    International Building Code or the 2021 International
15    Residential Code; and
16        (3) a municipality with a population of 1,000,000 or
17    more.
18    (b) No unit of local government, including any home rule
19unit or unit of local government that is subject to adopts the
20Building Code and the Residential Code, may hereafter enact
21any annexation ordinance or resolution, or require or enter
22into any annexation agreement, that imposes building standards
23for residential or commercial buildings that are either less
24or more stringent than the standards in effect, at the time of
25construction, throughout the unit of local government.
26    (c) This Section is a limitation under subsection (i) of

 

 

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1Section 6 of Article VII of the Illinois Constitution on the
2concurrent exercise by home rule units of powers and functions
3exercised by the State.
 
4    Section 50. Prohibition on grants. No member of a board or
5group created under Section 40 may receive State grants for
6teaching or administering continuing education concerning any
7recommendation or rule proposed by the board or group.
 
8    Section 90. The Capital Development Board Act is amended
9by changing Section 10.09-1 as follows:
 
10    (20 ILCS 3105/10.09-1)
11    Sec. 10.09-1. Certification of inspection.
12    (a) After July 1, 2011, no person may occupy a newly
13constructed commercial building in a non-building code
14jurisdiction until:
15        (1) The property owner or his or her agent has first
16    contracted for the inspection of the building by an
17    inspector who meets the qualifications established by the
18    Board; and
19        (2) The qualified inspector files a certification of
20    inspection with the municipality or county having such
21    jurisdiction over the property indicating that the
22    building meets compliance with the building codes adopted
23    by the Board for non-building code jurisdictions based on

 

 

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1    the following:
2            (A) The current edition or most recent preceding
3        editions of the following codes developed by the
4        International Code Council:
5                (i) International Building Code;
6                (ii) International Existing Building Code; and
7            (B) The current edition or most recent preceding
8        edition of the National Electrical Code NFPA 70.
9    (b) This Section does not apply to any area in a
10municipality or county having jurisdiction that has registered
11its adopted building code with the Board as required by
12Section 55 of the Illinois Building Commission Act.
13    (c) The qualification requirements of this Section do not
14apply to building enforcement personnel employed by
15jurisdictions as defined in subsection (b).
16    (d) For purposes of this Section:
17    "Commercial building" means any building other than a
18single-family home or a dwelling containing 2 or fewer
19apartments, condominiums, or townhomes or a farm building as
20exempted from Section 3 of the Illinois Architecture Practice
21Act of 1989.
22    "Newly constructed commercial building" means any
23commercial building for which original construction has
24commenced on or after July 1, 2011.
25    "Non-building code jurisdiction" means any area of the
26State not subject to a building code imposed by either a county

 

 

SB2368- 11 -LRB103 25789 SPS 52138 b

1or municipality.
2    "Qualified inspector" means an individual qualified by the
3State of Illinois, certified by a nationally recognized
4building official certification organization, qualified by an
5apprentice program certified by the Bureau of Apprentice
6Training, or who has filed verification of inspection
7experience according to rules adopted by the Board for the
8purposes of conducting inspections in non-building code
9jurisdictions.
10    (e) New residential construction is exempt from this
11Section and is defined as any original construction of a
12single-family home or a dwelling containing 2 or fewer
13apartments, condominiums, or townhomes in accordance with the
14State Building and Residential Codes Act Illinois Residential
15Building Code Act.
16    (f) Local governments may establish agreements with other
17governmental entities within the State to issue permits and
18enforce building codes and may hire third-party providers that
19are qualified in accordance with this Section to provide
20inspection services.
21    (g) This Section does not regulate any other statutorily
22authorized code or regulation administered by State agencies.
23These include without limitation the Illinois Plumbing Code,
24the Illinois Environmental Barriers Act, the International
25Energy Conservation Code, and administrative rules adopted by
26the Office of the State Fire Marshal.

 

 

SB2368- 12 -LRB103 25789 SPS 52138 b

1    (h) This Section applies beginning July 1, 2011.
2(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
 
3    (815 ILCS 670/Act rep.)
4    Section 95. The Illinois Residential Building Codes Act is
5repealed.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.