Illinois General Assembly - Full Text of SB2368
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Full Text of SB2368  103rd General Assembly




SB2368 EnrolledLRB103 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 5. The Capital Development Board Act is amended by
5changing Sections 10.09-1 and 10.18 as follows:
6    (20 ILCS 3105/10.09-1)
7    Sec. 10.09-1. Certification of inspection.
8    (a) No After July 1, 2011, no person may occupy a newly
9constructed commercial building or a substantially improved
10commercial building in a non-building code jurisdiction until:
11        (1) The property owner or property owner's his or her
12    agent has first contracted for the inspection of the
13    building by an inspector who meets the qualifications
14    established by the Board; and
15        (2) The qualified inspector files a certification of
16    inspection with the municipality or county having such
17    jurisdiction over the property indicating that the
18    building complies meets compliance with all of the
19    building codes adopted by the Board for non-building code
20    jurisdictions based on the following:
21            (A) to the extent they do not conflict with the
22        codes and rules listed in subparagraphs (C) through
23        (F), the The current edition or most recent preceding



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1        edition editions of the following codes published
2        developed by the International Code Council:
3                (i) the International Building Code, including
4            Appendix G and excluding Chapters 11, 13, and 29;
5                (ii) the International Existing Building Code;
6            and
7            (B) to the extent it does not conflict with the
8        codes and rules listed in subparagraphs (C) through
9        (F), the The current edition or most recent preceding
10        edition of the National Electrical Code NFPA 70
11        published by the National Fire Protection
12        Association; .
13            (C) either:
14                (i) The Energy Efficient Building Code adopted
15            under Section 15 of the Energy Efficient Building
16            Act; or
17                (ii) The Illinois Stretch Energy Code adopted
18            under Section 55 of the Energy Efficient Building
19            Act;
20            (D) the Illinois Accessibility Code adopted under
21        Section 4 of the Environmental Barriers Act;
22            (E) the Illinois Plumbing Code adopted under
23        Section 35 of the Illinois Plumbing License Law; and
24            (F) the rules adopted in accordance with Section 9
25        of the Fire Investigation Act.
26        (3) Once a building permit is issued, the applicable



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1    requirements that are in effect on January 1 of the
2    calendar year when the building permit was applied for,
3    or, where a building permit is not required, on January 1
4    of the calendar year when construction begins, shall be
5    the only requirements that apply for the duration of the
6    building permit or construction.
7    (b) (Blank). This Section does not apply to any area in a
8municipality or county having jurisdiction that has registered
9its adopted building code with the Board as required by
10Section 55 of the Illinois Building Commission Act.
11    (c) The qualification requirements of this Section do not
12apply to building enforcement personnel employed by a
13municipality or county who are acting in their official
14capacity jurisdictions as defined in subsection (b).
15    (d) For purposes of this Section:
16    "Commercial building" means any building other than: (i) a
17single-family home or a dwelling containing 2 or fewer
18apartments, condominiums, or townhouses; townhomes or (ii) a
19farm building as exempted from Section 3 of the Illinois
20Architecture Practice Act of 1989.
21    "Newly constructed commercial building" means any
22commercial building for which original construction has
23commenced on or after July 1, 2011.
24    "Non-building code jurisdiction" means any area of the
25State in a municipality or county having jurisdiction that:
26(i) has not adopted a building code; or (ii) is required to but



SB2368 Enrolled- 4 -LRB103 25789 SPS 52138 b

1has not identified its adopted building code to the Board
2under Section 10.18 of the Capital Development Board Act not
3subject to a building code imposed by either a county or
5    "Qualified inspector" means an individual qualified by the
6State of Illinois, certified as a commercial building
7inspector by the International Code Council or an equivalent
8by a nationally recognized building inspector official
9certification organization, qualified as a construction and
10building inspector by successful completion of by an
11apprentice program certified by the United States Department
12of Labor Bureau of Apprentice Training, or who has filed
13verification of inspection experience according to rules
14adopted by the Board for the purposes of conducting
15inspections in non-building code jurisdictions.
16    "Substantial damage" means damage of any origin sustained
17by a structure whereby the cost of restoring the structure to
18its before-damaged condition would equal or exceed 50% of the
19market value of the structure before damage occurred.
20    "Substantially improved commercial building" means, for
21work commenced on or after January 1, 2025, any commercial
22building that has undergone any repair, reconstruction,
23rehabilitation, alteration, addition, or other improvement,
24the cost of which equals or exceeds 50% of the market value of
25the structure before the improvement or repair is started. If
26a commercial building has sustained substantial damage, any



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1repairs are considered substantial improvement regardless of
2the actual repair work performed. "Substantially improved
3commercial building" does not include: (i) any project for
4improvement of a structure to correct existing violations of
5State or local health, sanitary, or safety code specifications
6which have been identified by the local code enforcement
7official and which are the minimum necessary to assure safe
8living conditions or (ii) any alteration of a historic
9structure, provided that the alteration will not preclude the
10structure's continued designation as a historic structure.
11    (e) Except as provided in Section 15 of the Illinois
12Residential Building Code Act, new New residential
13construction is exempt from this Section and is defined as any
14original construction of a single-family home or a dwelling
15containing 2 or fewer apartments, condominiums, or townhouses
16townhomes in accordance with the Illinois Residential Building
17Code Act.
18    (f) Local governments may establish agreements with other
19governmental entities within the State to issue permits and
20enforce building codes and may hire third-party providers that
21are qualified in accordance with this Section to provide
22inspection services.
23    (g) This Section does not limit the applicability of
24regulate any other statutorily authorized code or regulation
25administered by State agencies. These include without
26limitation the codes and regulations listed in subparagraphs



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1(C) through (F) of paragraph (2) of subsection (a) Illinois
2Plumbing Code, the Illinois Environmental Barriers Act, the
3International Energy Conservation Code, and administrative
4rules adopted by the Office of the State Fire Marshal.
5    (h) The changes to this Section made by this amendatory
6Act of the 103rd General Assembly shall apply beginning on
7January 1, 2025 This Section applies beginning July 1, 2011.
8(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
9    (20 ILCS 3105/10.18)
10    Sec. 10.18. Identification of local building codes.
11    (a) Any municipality or county All municipalities with a
12population of less than 1,000,000 or a county adopting a new
13building code edition or amending an existing building code
14must, at least 30 days before adopting the effective date of
15the building code or amendment, identify provide an
16identification of the model code being adopted, by title and
17edition, and any local amendments or the amendment to the
18Capital Development Board in writing.
19    (b) No later than 180 days after the effective date of this
20amendatory Act of the 103rd General Assembly, any municipality
21or county that has adopted and is enforcing a building code
22must identify the adopted model code, by title and edition,
23and any local amendments, to the Board in writing.
24    (c) For each municipality and county subject to this
25Section, the The Capital Development Board must identify the



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1adopted model proposed code or codes, by the title and
2edition, and note if any local amendments were adopted, and
3identify the date when this information was reported to the
4Board made to the public on the Board's public Capital
5Development Board website.
6    (d) For the purposes of this Section, "building code"
7means a model building code adopted with or without local
8amendments to regulate regulating the construction or
9rehabilitation and maintenance of structures within the
10municipality or county. "Building code" does not include any
11zoning ordinance adopted under Division 13 of Article 11 of
12the Illinois Municipal Code or Division 5-12 of Article 5 of
13the Counties Code.
14    (e) Beginning January 1, 2025, any municipal building code
15or county building code must:
16        (1) regulate the structural design of new buildings,
17    other than residential buildings, in a manner that is at
18    least as stringent as the baseline building code;
19        (2) regulate the structural design of rehabilitation
20    work in existing buildings, other than residential
21    buildings, in a manner that is at least as stringent as the
22    baseline existing building code; and
23        (3) regulate the structural design of residential
24    buildings in a manner that is at least as stringent as the
25    baseline residential code.
26    In this subsection:



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1    "Baseline building code" means the edition of the
2International Building Code, including Appendix G, first
3published by the International Code Council during the current
4year or preceding 9 calendar years with the least restrictive
5provisions for structural design.
6    "Baseline existing building code" means the edition of the
7International Existing Building Code first published by the
8International Code Council during the current year or
9preceding 9 calendar years with the least restrictive
10provisions for structural design.
11    "Baseline residential code" means the edition of the
12International Residential Code for One- and Two-Family
13Dwellings first published by the International Code Council
14during the current year or preceding 9 calendar years with the
15least restrictive provisions for structural design.
16    "Residential building" means a single-family home or a
17dwelling containing 2 or fewer apartments, condominiums, or
19    "Structural design" means the capacity of a newly
20constructed structure or altered or repaired existing
21structure, including its foundation, to withstand forces,
22including, but not limited to, dead loads, live loads, snow
23loads, wind loads, soil loads and hydrostatic pressure, rain
24loads, and earthquake loads, and to resist flood damage.
25    This subsection is a limitation under subsection (i) of
26Section 6 of Article VII of the Illinois Constitution on the



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1concurrent exercise by home rule units of powers and functions
2exercised by the State.
3    (f) On an annual basis, the Board shall send written
4notification to the corporate authorities of each municipality
5and county subject to this Section of their obligations under
6this Section.
7(Source: P.A. 99-639, eff. 7-28-16.)
8    Section 10. The Illinois Residential Building Code Act is
9amended by changing Sections 10 and 15 as follows:
10    (815 ILCS 670/10)
11    Sec. 10. Definitions. In this Act:
12    "International Residential Code" means the current edition
13or the most recent preceding edition of the International
14Residential Code for One- and Two-Family One and Two Family
15Dwellings published by the International Code Council,
16excluding Parts IV and VII as now or hereafter amended by the
18    "New residential construction" means any original
19construction of a single-family home or a dwelling containing
202 or fewer apartments, condominiums, or townhouses town
22    "Non-building code jurisdiction" means any area of the
23State in a municipality or county having jurisdiction that:
24(i) has not adopted a residential building code; or (ii) is



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1required to but has not identified its adopted residential
2building code to the Board under Section 10.18 of the Capital
3Development Board Act.
4    "Residential building code" means a model code adopted by
5a municipality or county, with or without local amendments, to
6regulate the construction of an ordinance, resolution, law,
7housing or building code, or zoning ordinance that
8establishes, for residential building contractors,
9construction-related activities applicable to single-family or
102-family residential structures or townhouses within the
11municipality or county.
12    Home builder "Residential building contractor" means any
13individual, corporation, or partnership that constructs a
14fixed building or structure for sale or use by another as a
15residence or that, for a price, commission, fee, wage, or
16other compensation, undertakes or offers to undertake the
17construction of any building or structure to be used by
18another as a residence, if the individual, corporation, or
19partnership reasonably expects to earn a financial profit from
20that activity.
21(Source: P.A. 93-778, eff. 1-1-05.)
22    (815 ILCS 670/15)
23    Sec. 15. Adoption of residential building code. A contract
24to build new residential construction a home (1) in any
25non-building code jurisdiction municipality in this State that



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1does not have a residential building code in effect or (2) in
2any portion of a county that is not located within a
3municipality and does not have a residential building code in
4effect must adopt as part of the construction contract the
5applicability of a residential building code that is agreed to
6by the home builder and the home purchaser as provided in this
7Section. The home builder and the home purchaser may agree to
8adopt the International Residential Code or any municipal
9residential building code or county residential building code
10that is in effect on the first day of construction in any
11county or municipality that is within 100 miles of the
12location of the new home. If the home builder and the home
13purchaser fail to agree to a residential building code or if no
14residential building code is stated in the contract, the code
15adopted under Section 15 of the Energy Efficient Building Act,
16the plumbing code promulgated by the Illinois Department of
17Public Health under Section 35 of the Illinois Plumbing
18License Law, the National Electric Code as adopted by the
19American National Standards Institute, and the current edition
20of the International Residential Code shall, by law, be
21adopted as part of the construction contract.
22(Source: P.A. 93-778, eff. 1-1-05.)