Full Text of HB4529 99th General Assembly
HB4529eng 99TH 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 10.18 as follows: | 6 | | (20 ILCS 3105/10.18 new) | 7 | | Sec. 10.18. Identification of local building codes. All | 8 | | municipalities with a population of less than 1,000,000 or a | 9 | | county adopting a new building code or amending an existing | 10 | | building code must, at least 30 days before adopting the code | 11 | | or amendment, provide an identification of the code, by title | 12 | | and edition, or the amendment to the Capital Development Board. | 13 | | The Capital Development Board must identify the proposed code, | 14 | | by the title and edition, and note if any amendments were made | 15 | | to the public on the Capital Development Board website. | 16 | | For the purposes of this Section, "building code" means a | 17 | | model building code regulating the construction and | 18 | | maintenance of structures within the municipality or county. | 19 | | Section 10. The Energy
Efficient Building Act is amended by | 20 | | changing Sections 40 and 45 as follows: | 21 | | (20 ILCS 3125/40)
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| 1 | | Sec. 40. Input from interested parties. When
developing | 2 | | Code adaptations, rules, and procedures for
compliance with the | 3 | | Code, the Capital Development Board , or
the Illinois Building | 4 | | Commission as directed by the Board,
shall seek input from | 5 | | representatives from the building
trades, design | 6 | | professionals, construction professionals,
code | 7 | | administrators, and other interested entities affected.
| 8 | | (Source: P.A. 93-936, eff. 8-13-04.) | 9 | | (20 ILCS 3125/45)
| 10 | | Sec. 45. Home rule. | 11 | | (a)
No unit of local government, including any home rule | 12 | | unit, may regulate energy efficient building standards for | 13 | | commercial buildings in a manner that is less stringent than | 14 | | the provisions contained in this Act.
| 15 | | (b) No unit of local government, including any home rule | 16 | | unit, may regulate energy efficient building standards for | 17 | | residential buildings in a manner that is either less or more | 18 | | stringent than the standards established pursuant to this Act; | 19 | | provided, however, that the following entities may regulate | 20 | | energy efficient building standards for residential buildings | 21 | | in a manner that is more stringent than the provisions | 22 | | contained in this Act: (i) a unit of local government, | 23 | | including a home rule unit, that has, on or before May 15, | 24 | | 2009, adopted or incorporated by reference energy efficient | 25 | | building standards for residential buildings that are |
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| 1 | | equivalent to or more stringent than the 2006 International | 2 | | Energy Conservation Code, (ii) a unit of local government, | 3 | | including a home rule unit, that has, on or before May 15, | 4 | | 2009, provided to the Capital Development Board, as required by | 5 | | Section 10.18 of the Capital Development Board Act 55 of the | 6 | | Illinois Building Commission Act , an identification of an | 7 | | energy efficient building code or amendment that is equivalent | 8 | | to or more stringent than the 2006 International Energy | 9 | | Conservation Code, and (iii) a municipality with a population | 10 | | of 1,000,000 or more. | 11 | | (c) No unit of local government, including any home rule | 12 | | unit or unit of local government that is subject to State | 13 | | regulation under the Code as provided in Section 15 of this | 14 | | Act, may hereafter enact any annexation ordinance or | 15 | | resolution, or require or enter into any annexation agreement, | 16 | | that imposes energy efficient building standards for | 17 | | residential buildings that are either less or more stringent | 18 | | than the energy efficiency standards in effect, at the time of | 19 | | construction, throughout the unit of local government. | 20 | | (d) This Section is a denial
and limitation
of home rule | 21 | | powers and functions under subsection (i) of Section 6
of | 22 | | Article VII of the Illinois Constitution on the concurrent | 23 | | exercise by home rule units of powers and functions exercised | 24 | | by the State.
Nothing in this Section, however, prevents a unit | 25 | | of local government from adopting an energy efficiency code or | 26 | | standards for commercial buildings that are more stringent than |
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| 1 | | the Code under this Act.
| 2 | | (Source: P.A. 96-778, eff. 8-28-09.)
| 3 | | (20 ILCS 3918/Act rep.)
| 4 | | Section 15. The Illinois Building Commission Act is | 5 | | repealed. | 6 | | Section 20. The Counties Code is amended by changing | 7 | | Sections 5-1063 and 5-1064 as follows:
| 8 | | (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
| 9 | | Sec. 5-1063.
Building construction, alteration and
| 10 | | maintenance. For the purpose of promoting and
safeguarding the | 11 | | public health, safety, comfort and welfare, a county
board may | 12 | | prescribe by resolution or ordinance reasonable
rules and | 13 | | regulations (a) governing the construction and alteration of | 14 | | all
buildings, structures and camps or parks accommodating | 15 | | persons in house
trailers, house cars, cabins or tents and | 16 | | parts and appurtenances thereof
and governing the maintenance | 17 | | thereof in a condition reasonably safe from
hazards of fire, | 18 | | explosion, collapse, electrocution, flooding,
asphyxiation, | 19 | | contagion and the spread of infectious disease, where such
| 20 | | buildings, structures and camps or parks are located outside | 21 | | the limits of
cities, villages and incorporated towns, but | 22 | | excluding those for
agricultural purposes on farms including | 23 | | farm residences, but any such
resolution or ordinance shall be |
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| 1 | | subject to any rule or regulation
heretofore or hereafter | 2 | | adopted by the State Fire Marshal
pursuant to "An Act to | 3 | | regulate the storage, transportation, sale and use
of gasoline | 4 | | and volatile oils", approved June 28, 1919, as amended; (b) for
| 5 | | prohibiting the use for residential purposes of buildings and | 6 | | structures
already erected or moved into position which do not | 7 | | comply with such rules
and regulations; and (c) for the | 8 | | restraint, correction and abatement of any
violations.
| 9 | | In addition, the county board may by resolution or | 10 | | ordinance require
that each occupant of an industrial or | 11 | | commercial building located outside
the limits of cities, | 12 | | villages and incorporated towns obtain an occupancy
permit | 13 | | issued by the county. The county board may by resolution or | 14 | | ordinance require
that an occupancy permit be obtained for each | 15 | | newly constructed residential dwelling located outside
the | 16 | | limits of cities, villages, and incorporated towns, but may not | 17 | | require more than one occupancy permit per newly constructed | 18 | | residential dwelling. Such permit may be valid for the duration | 19 | | of
the occupancy or for a specified period of time, and shall | 20 | | be valid only
with respect to the occupant to which it is | 21 | | issued. A county board may not impose a fee on an occupancy | 22 | | permit for a newly constructed residential dwelling issued | 23 | | pursuant to this Section. If, before the effective date of this | 24 | | amendatory Act of the 96th General Assembly, a county board | 25 | | imposes a fee on an occupancy permit for a newly constructed | 26 | | residential dwelling, then the county board may continue to |
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| 1 | | impose the occupancy permit fee.
| 2 | | Within 30 days after its adoption, such resolution or | 3 | | ordinance shall be
printed in book or pamphlet form, published | 4 | | by authority of the County
Board; or it shall be published at | 5 | | least once in a newspaper published and
having general | 6 | | circulation in the county; or if no newspaper is published
| 7 | | therein, copies shall be posted in at least 4 conspicuous | 8 | | places in each
township or Road District. No such resolution or | 9 | | ordinance shall take
effect until 10 days after it is published | 10 | | or posted. Where such building
or camp or park rules and | 11 | | regulations have been published previously in
book or pamphlet | 12 | | form, the resolution or ordinance may provide for the
adoption | 13 | | of such rules and regulations or portions thereof, by reference
| 14 | | thereto without further printing, publication or posting, | 15 | | provided that not
less than 3 copies of such rules and | 16 | | regulations in book or pamphlet form
shall have been filed, in | 17 | | the office of the County Clerk, for use and
examination by the | 18 | | public for at least 30 days prior to the adoption
thereof by | 19 | | the County Board.
| 20 | | Beginning on the effective date of this amendatory Act of | 21 | | the 92nd General
Assembly,
any county adopting a new building | 22 | | code or amending an existing
building code under this Section | 23 | | must, at least 30 days before adopting the
building code or
| 24 | | amendment, provide an identification of the building code, by | 25 | | title and
edition, or the amendment to the
Illinois Building
| 26 | | Commission for identification under Section 10.18 of the |
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| 1 | | Capital Development Board Act on the Internet .
For the purposes | 2 | | of this Section, "building code" means any ordinance,
| 3 | | resolution, law,
housing or building code, or zoning ordinance | 4 | | that establishes construction
related activities
applicable to | 5 | | structures in the county.
| 6 | | The violation of any rule or regulation adopted pursuant to | 7 | | this Section,
except for a violation of the provisions of this | 8 | | amendatory Act of the 92nd
General Assembly and the rules and | 9 | | regulations adopted under those
provisions,
shall be a petty | 10 | | offense.
| 11 | | All rules and regulations enacted by resolution or | 12 | | ordinance under the
provisions of this Section shall be | 13 | | enforced by such officer of the county
as may be designated by | 14 | | resolution of the County Board.
| 15 | | No such resolution or ordinance shall be enforced if it is | 16 | | in conflict
with any law of this State or with any rule of the | 17 | | Department of Public
Health.
| 18 | | (Source: P.A. 96-721, eff. 1-1-10.)
| 19 | | (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
| 20 | | Sec. 5-1064. Buildings in certain counties of less than | 21 | | 1,000,000
population. The county board in any county with a | 22 | | population not in
excess of 1,000,000 located in the area | 23 | | served by the Northeastern Illinois
Metropolitan Area Planning | 24 | | Commission may prescribe by resolution or
ordinance reasonable | 25 | | rules and regulations (a) governing the construction
and |
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| 1 | | alteration of all buildings and structures and parts and | 2 | | appurtenances
thereof and governing the maintenance thereof in | 3 | | a condition reasonably
safe from the hazards of fire, | 4 | | explosion, collapse, contagion and the
spread of infectious | 5 | | disease, but any such resolution or ordinance shall be
subject | 6 | | to any rule or regulation now or hereafter adopted by the State
| 7 | | Fire Marshal pursuant to "An Act to regulate the storage,
| 8 | | transportation, sale and use of gasoline and volatile oils", | 9 | | approved June
28, 1919, as amended, (b) for prohibiting the use | 10 | | for residential purposes
of buildings and structures already | 11 | | erected or moved into position which do
not comply with such | 12 | | rules and regulations, and (c) for the restraint,
correction | 13 | | and abatement of any violations. However, the county shall
| 14 | | exempt all municipalities located wholly or partly within the | 15 | | county where
the municipal building code is equal to the county | 16 | | regulation and where the
local authorities are enforcing the | 17 | | municipal building code. Such rules and
regulations shall be | 18 | | applicable throughout the county but this Section
shall not be | 19 | | construed to prevent municipalities from establishing higher
| 20 | | standards nor shall such rules and regulations apply to the | 21 | | construction or
alteration of buildings and structures used or | 22 | | to be used for agricultural
purposes and located upon a tract | 23 | | of land which is zoned and used for
agricultural purposes.
| 24 | | In the adoption of rules and regulations under this Section | 25 | | the county
board shall be governed by the publication and | 26 | | posting requirements set out
in Section 5-1063.
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| 1 | | Beginning on the effective date of this amendatory Act of | 2 | | the 92nd General
Assembly,
any county adopting a new building | 3 | | code or amending an existing
building code under this Section | 4 | | must, at least 30 days before adopting the
building code or
| 5 | | amendment, provide an identification of the building code, by | 6 | | title and
edition, or the amendment to the
Illinois Building
| 7 | | Commission for identification under Section 10.18 of the | 8 | | Capital Development Board Act on the Internet .
| 9 | | For the purposes of this Section, "building code" means any | 10 | | ordinance,
resolution, law,
housing or building code, or zoning | 11 | | ordinance that establishes construction
related activities
| 12 | | applicable to structures in the county.
| 13 | | Violation of any rule or regulation adopted pursuant to | 14 | | this Section,
except for a violation of the provisions of this | 15 | | amendatory Act of the 92nd
General Assembly and the rules and | 16 | | regulations adopted under those
provisions,
shall be deemed a | 17 | | petty offense.
| 18 | | All rules and regulations enacted by resolution or | 19 | | ordinance under the
provisions of this Section shall be | 20 | | enforced by such officer of the county
as may be designated by | 21 | | resolution of the county board.
| 22 | | (Source: P.A. 92-489, eff. 7-1-02.)
| 23 | | Section 25. The Illinois Municipal Code is amended by | 24 | | changing Section 1-2-3.1 as follows:
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| 1 | | (65 ILCS 5/1-2-3.1)
| 2 | | Sec. 1-2-3.1. Building codes. Beginning on the effective | 3 | | date of this
amendatory Act of
the 92nd General Assembly, any | 4 | | municipality with a population of less than
1,000,000 adopting | 5 | | a new building code or
amending an
existing building code must, | 6 | | at least 30 days before adopting the code or
amendment,
provide | 7 | | an identification of
the code, by title and edition, or the | 8 | | amendment to the Illinois Building
Commission for | 9 | | identification under Section 10.18 of the Capital Development | 10 | | Board Act on
the Internet .
| 11 | | For the purposes of this Section, "building code" means any | 12 | | ordinance,
resolution, law,
housing or building code, or zoning | 13 | | ordinance that establishes construction
related activities | 14 | | applicable to structures
in the municipality.
| 15 | | (Source: P.A. 92-489, eff. 7-1-02.)
| 16 | | Section 30. The Hospital Licensing Act is amended by | 17 | | changing Section 8 as follows:
| 18 | | (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
| 19 | | Sec. 8. Facility plan review; fees.
| 20 | | (a) Before commencing construction of new facilities or | 21 | | specified types
of alteration or additions to an existing | 22 | | hospital involving major
construction, as defined by rule by | 23 | | the Department, with an estimated
cost greater than $100,000, | 24 | | architectural plans and
specifications therefor shall be |
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| 1 | | submitted by the licensee to the
Department for review and | 2 | | approval.
A hospital may submit architectural drawings and | 3 | | specifications for other
construction projects for Department | 4 | | review according to subsection (b) that
shall not be subject to | 5 | | fees under subsection (d).
The Department must give a hospital | 6 | | that is planning to submit a construction
project for review | 7 | | the opportunity to discuss its plans and specifications with
| 8 | | the Department before the hospital formally submits the plans | 9 | | and
specifications for Department review.
Review of drawings | 10 | | and specifications shall be conducted by an employee of
the | 11 | | Department meeting the qualifications established by the | 12 | | Department of
Central Management Services class specifications | 13 | | for such an individual's
position or by a person contracting | 14 | | with the Department who meets those class
specifications.
Final | 15 | | approval of the plans and specifications for compliance
with | 16 | | design and construction standards shall be obtained from the
| 17 | | Department before the alteration, addition, or new | 18 | | construction is begun. Subject to this Section 8, and prior to | 19 | | January 1, 2012, the Department shall consider the re-licensing | 20 | | of an existing hospital structure according to the standards | 21 | | for an existing hospital, as set forth in the Department's | 22 | | rules. Re-licensing under this provision shall occur only if | 23 | | that facility operated as a licensed hospital on July 1, 2005, | 24 | | has had no intervening use as other than a hospital, and exists | 25 | | in a county with a population of less than 20,000 that does not | 26 | | have another licensed hospital on the effective date of this |
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| 1 | | amendatory Act of the 95th General Assembly.
| 2 | | (b) The Department shall inform an applicant in writing | 3 | | within 10 working
days after receiving drawings and | 4 | | specifications and the required fee, if any,
from the applicant | 5 | | whether the applicant's submission is complete or
incomplete. | 6 | | Failure to provide the applicant with this notice within 10
| 7 | | working days shall result in the submission being deemed | 8 | | complete for purposes
of initiating the 60-day review period | 9 | | under this Section. If the submission
is incomplete, the | 10 | | Department shall inform the applicant of the deficiencies
with | 11 | | the submission in writing. If the submission is complete and | 12 | | the required
fee, if any, has been paid,
the Department shall | 13 | | approve or disapprove drawings and specifications
submitted to | 14 | | the Department no later than 60 days following receipt by the
| 15 | | Department. The drawings and specifications shall be of | 16 | | sufficient detail, as
provided by Department rule, to
enable | 17 | | the Department to
render a determination of compliance with | 18 | | design and construction standards
under this Act.
If the | 19 | | Department finds that the drawings are not of sufficient detail | 20 | | for it
to render a determination of compliance, the plans shall | 21 | | be determined to be
incomplete and shall not be considered for | 22 | | purposes of initiating the 60 day
review period.
If a | 23 | | submission of drawings and specifications is incomplete, the | 24 | | applicant
may submit additional information. The 60-day review | 25 | | period shall not commence
until the Department determines that | 26 | | a submission of drawings and
specifications is complete or the |
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| 1 | | submission is deemed complete.
If the Department has not | 2 | | approved or disapproved the
drawings and specifications within | 3 | | 60 days, the construction, major alteration,
or addition shall | 4 | | be deemed approved. If the drawings and specifications are
| 5 | | disapproved, the Department shall state in writing, with | 6 | | specificity, the
reasons for the disapproval. The entity | 7 | | submitting the drawings and
specifications may submit | 8 | | additional information in response to the written
comments from | 9 | | the Department or request a reconsideration of the disapproval.
| 10 | | A final decision of approval or disapproval shall be made | 11 | | within 45 days of the
receipt of the additional information or | 12 | | reconsideration request. A final decision shall be subject to | 13 | | review under the Administrative Review Law. If denied,
the | 14 | | Department shall state the specific reasons for the denial
and | 15 | | the applicant may elect to seek dispute resolution pursuant to | 16 | | Section
25 of the Illinois Building Commission Act, which the | 17 | | Department must
participate in.
| 18 | | (c) The Department shall provide written approval for | 19 | | occupancy pursuant
to subsection (g) and shall not issue a | 20 | | violation to a facility as a result of
a licensure or complaint | 21 | | survey based upon the facility's physical structure
if:
| 22 | | (1) the Department reviewed and approved or deemed | 23 | | approved the drawing
and specifications for compliance | 24 | | with design and construction standards;
| 25 | | (2) the construction, major alteration, or addition | 26 | | was built as
submitted;
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| 1 | | (3) the law or rules have not been amended since the | 2 | | original approval;
and
| 3 | | (4) the conditions at the facility indicate that there | 4 | | is a reasonable
degree of safety provided for the patients.
| 5 | | (c-5) The Department shall not issue a violation to a | 6 | | facility if the
inspected aspects of the facility were | 7 | | previously found to be in compliance
with applicable standards, | 8 | | the relevant law or rules have not been amended,
conditions at | 9 | | the facility
reasonably protect the safety of its patients, and | 10 | | alterations or new hazards
have not been
identified.
| 11 | | (d) The Department shall charge the following fees in | 12 | | connection with its
reviews conducted before June 30, 2004 | 13 | | under this Section:
| 14 | | (1) (Blank).
| 15 | | (2) (Blank).
| 16 | | (3) If the estimated dollar value of the major
| 17 | | construction is greater than $500,000, the fee shall be
| 18 | | established by the Department pursuant to rules that | 19 | | reflect the reasonable
and
direct cost of the Department in | 20 | | conducting the architectural reviews required
under this | 21 | | Section. The estimated dollar value of the major | 22 | | construction
subject to review under this Section shall be | 23 | | annually readjusted to
reflect the
increase in | 24 | | construction costs due to inflation.
| 25 | | The fees provided in this subsection (d) shall not apply to | 26 | | major
construction projects involving facility changes that |
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| 1 | | are required by
Department rule amendments or to projects | 2 | | related to homeland security.
| 3 | | The fees provided in this subsection (d) shall also not | 4 | | apply to major
construction projects if 51% or more of the | 5 | | estimated cost of the project is
attributed to capital | 6 | | equipment. For major construction projects where 51% or
more of | 7 | | the estimated cost of the project is attributed to capital | 8 | | equipment,
the Department shall by rule establish a fee that is | 9 | | reasonably related to the
cost of reviewing the project.
| 10 | | Disproportionate share hospitals and rural hospitals shall | 11 | | only pay
one-half of the fees
required in this subsection (d).
| 12 | | For the purposes of this subsection (d),
(i) "disproportionate | 13 | | share hospital" means a hospital described in items (1)
through | 14 | | (5) of subsection (b) of Section 5-5.02 of the Illinois Public | 15 | | Aid
Code and (ii)
"rural hospital" means a hospital that
is (A) | 16 | | located
outside a metropolitan statistical area or (B) located | 17 | | 15 miles or less from a
county that is
outside a metropolitan | 18 | | statistical area and is licensed to perform
medical/surgical or
| 19 | | obstetrical services and has a combined total bed capacity of | 20 | | 75 or fewer beds
in these 2
service categories as of July 14, | 21 | | 1993, as determined by the Department.
| 22 | | The Department shall not commence the facility plan review | 23 | | process under this
Section until the applicable fee has been | 24 | | paid.
| 25 | | (e) All fees received by the Department under this Section | 26 | | shall be
deposited into the Health Facility Plan Review Fund, a |
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| 1 | | special fund created in
the State treasury.
All fees paid by | 2 | | hospitals under subsection (d) shall be used only to cover
the | 3 | | direct and reasonable costs relating to the Department's review | 4 | | of hospital
projects under this
Section.
Moneys shall be | 5 | | appropriated from that Fund to the
Department only to pay the | 6 | | costs of conducting reviews under this Section.
None of the | 7 | | moneys in the Health Facility Plan Review Fund shall be used to
| 8 | | reduce the amount of General Revenue Fund moneys appropriated | 9 | | to the Department
for facility plan reviews conducted pursuant | 10 | | to this Section.
| 11 | | (f) (Blank).
| 12 | | (g) The Department shall conduct an on-site inspection of | 13 | | the completed
project no later than 15 business days after | 14 | | notification from the
applicant that the
project has been | 15 | | completed and all certifications required by the Department
| 16 | | have been received and accepted by the Department. The | 17 | | Department may extend
this deadline only if a federally | 18 | | mandated survey time frame takes
precedence. The Department | 19 | | shall
provide written approval for occupancy to the applicant | 20 | | within 5 working days
of the Department's final inspection, | 21 | | provided the applicant has demonstrated
substantial compliance | 22 | | as defined by Department rule.
Occupancy of new major | 23 | | construction is prohibited until Department approval is
| 24 | | received, unless the Department has not acted within the time | 25 | | frames provided
in this subsection (g), in which case the | 26 | | construction shall be deemed
approved. Occupancy shall be |
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| 1 | | authorized after any
required health inspection by the | 2 | | Department has been conducted.
| 3 | | (h) The Department shall establish, by rule, a procedure to | 4 | | conduct interim
on-site review of large or complex construction | 5 | | projects.
| 6 | | (i) The Department shall establish, by rule, an expedited | 7 | | process for
emergency repairs or replacement of like equipment.
| 8 | | (j) Nothing in this Section shall be construed to apply to | 9 | | maintenance,
upkeep, or renovation that does not affect the | 10 | | structural integrity of the
building, does not add beds or | 11 | | services over the number for which the facility
is licensed, | 12 | | and provides a reasonable degree of safety for the patients.
| 13 | | (Source: P.A. 95-707, eff. 1-11-08.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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