Illinois General Assembly - Full Text of SB0138
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Full Text of SB0138  96th General Assembly



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1     AN ACT concerning State government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Capital Development Board Act is amended by
5 adding Section 10.09-1 as follows:
6     (20 ILCS 3105/10.09-1 new)
7     Sec. 10.09-1. Adoption of building code; enforcement.
8     (a) After July 1, 2011, no person may occupy a newly
9 constructed commercial building in a non-building code
10 jurisdiction until:
11         (1) The property owner or his or her agent has first
12     contracted for the inspection of the building by an
13     inspector who meets the qualifications established by the
14     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 meets compliance with the building codes adopted
19     by the Board for non-building code jurisdictions based on
20     the following:
21             (A) The 2006 or later editions of the following
22         codes developed by the International Code Council:
23                 (i) International Building Code;



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1                 (ii) International Existing Building Code; and
2                 (iii) International Property Maintenance Code.
3             (B) The 2008 or later edition of the National
4         Electrical Code NFPA 70.
5     (b) This Section does not apply to any area in a
6 municipality or county having jurisdiction that has registered
7 its adopted building code with the Board as required by Section
8 55 of the Illinois Building Commission Act.
9     (c) The qualification requirements of this Section do not
10 apply to building enforcement personnel employed by
11 jurisdictions as defined in subsection (b).
12     (d) For purposes of this Section:
13     "Commercial building" means any building other than a
14 single-family home or a dwelling containing 2 or fewer
15 apartments, condominiums, or townhomes or a farm building as
16 exempted from Section 3 of the Illinois Architecture Practice
17 Act.
18     "Newly constructed commercial building" means any
19 commercial building for which original construction has
20 commenced on or after July 1, 2011.
21     "Non-building code jurisdiction" means any area of the
22 State not subject to a building code imposed by either a county
23 or municipality.
24     "Qualified inspector" means an individual qualified by the
25 State of Illinois, certified by a nationally recognized
26 building official certification organization, qualified by an



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1 apprentice program certified by the Bureau of Apprentice
2 Training, or who has filed verification of inspection
3 experience according to rules adopted by the Board for the
4 purposes of conducting inspections in non-building code
5 jurisdictions.
6     (e) New residential construction is exempt from this
7 Section and is defined as any original construction of a
8 single-family home or a dwelling containing 2 or fewer
9 apartments, condominiums, or townhomes in accordance with the
10 Illinois Residential Building Code Act.
11     (f) Local governments may establish agreements with other
12 governmental entities within the State to issue permits and
13 enforce building codes and may hire third-party providers that
14 are qualified in accordance with this Section to provide
15 inspection services.
16     (g) This Section does not regulate any other statutorily
17 authorized code or regulation administered by State agencies.
18 These include without limitation the Illinois Plumbing Code,
19 the Illinois Environmental Barriers Act, the International
20 Energy Conservation Code, and administrative rules adopted by
21 the Office of the State Fire Marshal.
22     (h) This Section applies beginning July 1, 2011.
23     Section 10. The Illinois Building Commission Act is amended
24 by changing Section 55 as follows:



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1     (20 ILCS 3918/55)
2     Sec. 55. Identification of local building codes. Beginning
3 on the effective date of this amendatory Act of the 92nd
4 General Assembly, a municipality with a population of less than
5 1,000,000 or a county adopting a new building code or amending
6 an existing building code must, at least 30 days before
7 adopting the code or amendment, provide an identification of
8 the code, by title and edition, or the amendment to the
9 Commission. The Commission must identify the proposed code, by
10 the title and edition, or the amendment to the public on the
11 Internet through the State of Illinois World Wide Web site.
12     A municipality with a population of less than 1,000,000 or
13 county shall provide notice of the title and editions of any
14 adopted building codes to the Capital Development Board,
15 Division of Building Codes and Regulations, prior to July 1,
16 2011. The notice shall be electronic whenever possible and also
17 contain the division of government, the name of contact, and
18 the date of the adoption of the codes.
19     The Commission may adopt any rules necessary to implement
20 this Section.
21     For the purposes of this Section, "building code" means any
22 municipal or county ordinance or resolution regulating the
23 construction and maintenance of all structures within the
24 municipality or county ordinance, resolution, law, housing or
25 building code, or zoning ordinance that establishes
26 construction related activities applicable to structures in a



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1 municipality or county, as the case may be.
2 (Source: P.A. 92-489, eff. 7-1-02.)