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


Sen. David Koehler

Filed: 3/3/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Capital Development Board Act is amended
5by changing 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 in a non-building code
10jurisdiction 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



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1    jurisdiction over the property indicating that the
2    building complies meets compliance with all of the
3    building codes adopted by the Board for non-building code
4    jurisdictions based on the following:
5            (A) to the extent they do not conflict with the
6        codes and rules listed in subparagraphs (C) through
7        (F), the The current edition or most recent preceding
8        edition editions of the following codes published
9        developed by the International Code Council:
10                (i) the International Building Code, including
11            Appendix G and excluding Chapters 11, 13, and 29;
12                (ii) the International Existing Building Code;
13            and
14            (B) to the extent it does not conflict with the
15        codes and rules listed in subparagraphs (C) through
16        (F), the The current edition or most recent preceding
17        edition of the National Electrical Code NFPA 70
18        published by the National Fire Protection
19        Association; .
20            (C) either:
21                (i) The Energy Efficient Building Code adopted
22            under Section 15 of the Energy Efficient Building
23            Act; or
24                (ii) The Illinois Stretch Energy Code adopted
25            under Section 55 of the Energy Efficient Building
26            Act;



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1            (D) the Illinois Accessibility Code adopted under
2        Section 4 of the Environmental Barriers Act;
3            (E) the Illinois Plumbing Code adopted under
4        Section 35 of the Illinois Plumbing License Law; and
5            (F) the rules adopted in accordance with Section 9
6        of the Fire Investigation Act.
7        (3) Once a building permit is issued, the applicable
8    requirements that are in effect on January 1 of the
9    calendar year when the building permit was applied for,
10    or, where a building permit is not required, on January 1
11    of the calendar year when construction begins, shall be
12    the only requirements that apply for the duration of the
13    building permit or construction.
14    (b) (Blank). This Section does not apply to any area in a
15municipality or county having jurisdiction that has registered
16its adopted building code with the Board as required by
17Section 55 of the Illinois Building Commission Act.
18    (c) The qualification requirements of this Section do not
19apply to building enforcement personnel employed by a
20municipality or county who are acting in their official
21capacity jurisdictions as defined in subsection (b).
22    (d) For purposes of this Section:
23    "Commercial building" means any building other than: (i) a
24single-family home or a dwelling containing 2 or fewer
25apartments, condominiums, or townhouses; townhomes or (ii) a
26farm building as exempted from Section 3 of the Illinois



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1Architecture Practice Act of 1989.
2    "Newly constructed commercial building" means any
3commercial building for which original construction has
4commenced on or after July 1, 2011.
5    "Non-building code jurisdiction" means any area of the
6State in a municipality or county having jurisdiction that:
7(i) has not adopted a building code; or (ii) is required to but
8has not identified its adopted building code to the Board
9under Section 10.18 of the Capital Development Board Act not
10subject to a building code imposed by either a county or
12    "Qualified inspector" means an individual qualified by the
13State of Illinois, certified by a nationally recognized
14building official certification organization, qualified by an
15apprentice program certified by the Bureau of Apprentice
16Training, or who has filed verification of inspection
17experience according to rules adopted by the Board for the
18purposes of conducting inspections in non-building code
20    (e) Except as provided in Section 15 of the Illinois
21Residential Building Code Act, new New residential
22construction is exempt from this Section and is defined as any
23original construction of a single-family home or a dwelling
24containing 2 or fewer apartments, condominiums, or townhouses
25townhomes in accordance with the Illinois Residential Building
26Code Act.



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1    (f) Local governments may establish agreements with other
2governmental entities within the State to issue permits and
3enforce building codes and may hire third-party providers that
4are qualified in accordance with this Section to provide
5inspection services.
6    (g) This Section does not limit the applicability of
7regulate any other statutorily authorized code or regulation
8administered by State agencies. These include without
9limitation the codes and regulations listed in subparagraphs
10(C) through (F) of paragraph (2) of subsection (a) Illinois
11Plumbing Code, the Illinois Environmental Barriers Act, the
12International Energy Conservation Code, and administrative
13rules adopted by the Office of the State Fire Marshal.
14    (h) The changes to this Section made by this amendatory
15Act of the 103rd General Assembly shall apply beginning on
16July 1, 2024 This Section applies beginning July 1, 2011.
17(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
18    (20 ILCS 3105/10.18)
19    Sec. 10.18. Identification of local building codes.
20    (a) All municipalities with a population of less than
211,000,000 and all counties or a county adopting a new building
22code edition or amending an existing building code must, at
23least 30 days before adopting the effective date of the
24building code or amendment, identify provide an identification
25of the model code being adopted, by title and edition, and any



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1local amendments or the amendment to the Capital Development
2Board in writing.
3    (b) No later than 180 days after the effective date of this
4amendatory Act of the 103rd General Assembly, all
5municipalities with a population of less than 1,000,000 and
6all counties that have adopted and are enforcing a building
7code must identify the adopted model code, by title and
8edition, and any local amendments, to the Board in writing.
9    (c) For each municipality and county subject to this
10Section, the The Capital Development Board must identify the
11adopted model proposed code, by the title and edition, and
12note if any local amendments were adopted, and identify the
13date when this information was reported to the Board made to
14the public on the Board's public Capital Development Board
16    (d) For the purposes of this Section, "building code"
17means a model building code adopted with or without local
18amendments to regulate regulating the construction or
19rehabilitation and maintenance of structures within the
20municipality or county. "Building code" does not include any
21zoning ordinance adopted under Division 13 of Article 11 of
22the Illinois Municipal Code or Division 5-12 of Article 5 of
23the Counties Code.
24    (e) Beginning July 1, 2024, any building code identified
25under subsection (a) or (b) must:
26        (1) regulate the structural design of new buildings,



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1    other than residential buildings, in a manner that is at
2    least as stringent as the baseline building code;
3        (2) regulate the structural design of rehabilitation
4    work in existing buildings, other than residential
5    buildings, in a manner that is at least as stringent as the
6    baseline existing building code; and
7        (3) regulate the structural design of residential
8    buildings in a manner that is at least as stringent as the
9    baseline residential code.
10    In this subsection:
11    "Baseline building code" means the edition of the
12International Building Code, including Appendix G, first
13published by the International Code Council during the current
14year or preceding 9 calendar years with the least restrictive
15provisions for structural design.
16    "Baseline existing building code" means the edition of the
17International Existing Building Code first published by the
18International Code Council during the current year or
19preceding 9 calendar years with the least restrictive
20provisions for structural design.
21    "Baseline residential code" means the edition of the
22International Residential Code for One- and Two-Family
23Dwellings first published by the International Code Council
24during the current year or preceding 9 calendar years with the
25least restrictive provisions for structural design.
26    "Residential building" means a single-family home or a



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1dwelling containing 2 or fewer apartments, condominiums, or
3    "Structural design" means the capacity of a newly
4constructed structure or altered or repaired existing
5structure, including its foundation, to withstand forces,
6including, but not limited to, dead loads, live loads, snow
7loads, wind loads, soil loads and hydrostatic pressure, rain
8loads, and earthquake loads, and to resist flood damage.
9    This subsection is a limitation under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution on the
11concurrent exercise by home rule units of powers and functions
12exercised by the State.
13    (f) On an annual basis, the Board shall send written
14notification to the corporate authorities of each municipality
15and county subject to this Section of their obligations under
16this Section.
17(Source: P.A. 99-639, eff. 7-28-16.)
18    Section 10. The Illinois Residential Building Code Act is
19amended by changing Sections 10 and 15 as follows:
20    (815 ILCS 670/10)
21    Sec. 10. Definitions. In this Act:
22    "International Residential Code" means the current edition
23or the most recent preceding edition of the International
24Residential Code for One- and Two-Family One and Two Family



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1Dwellings published by the International Code Council,
2excluding Parts IV and VII as now or hereafter amended by the
4    "New residential construction" means any original
5construction of a single-family home or a dwelling containing
62 or fewer apartments, condominiums, or townhouses town
8    "Non-building code jurisdiction" means any area of the
9State in a municipality or county having jurisdiction that:
10(i) has not adopted a residential building code; or (ii) is
11required to but has not identified its adopted residential
12building code to the Board under Section 10.18 of the Capital
13Development Board Act.
14    "Residential building code" means a model code adopted by
15a municipality or county, with or without local amendments, to
16regulate the construction of an ordinance, resolution, law,
17housing or building code, or zoning ordinance that
18establishes, for residential building contractors,
19construction-related activities applicable to single-family or
202-family residential structures or townhouses within the
21municipality or county.
22    "Residential building contractor" means any individual,
23corporation, or partnership that constructs a fixed building
24or structure for sale or use by another as a residence or that,
25for a price, commission, fee, wage, or other compensation,
26undertakes or offers to undertake the construction of any



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1building or structure to be used by another as a residence, if
2the individual, corporation, or partnership reasonably expects
3to earn a financial profit from that activity.
4(Source: P.A. 93-778, eff. 1-1-05.)
5    (815 ILCS 670/15)
6    Sec. 15. Adoption of residential building code. A contract
7to build a home (1) in any non-building code jurisdiction
8municipality in this State that does not have a residential
9building code in effect or (2) in any portion of a county that
10is not located within a municipality and does not have a
11residential building code in effect must adopt as part of the
12construction contract the applicability of a residential
13building code that is agreed to by the home builder and the
14home purchaser as provided in this Section. The home builder
15and the home purchaser may agree to adopt the International
16Residential Code or any municipal residential building code or
17county residential building code that is in effect on the
18first day of construction in any county or municipality that
19is within 100 miles of the location of the new home. If the
20home builder and the home purchaser fail to agree to a
21residential building code or if no residential building code
22is stated in the contract, the code adopted under Section 15 of
23the Energy Efficient Building Act, the plumbing code
24promulgated by the Illinois Department of Public Health under
25Section 35 of the Illinois Plumbing License Law, the National



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1Electric Code as adopted by the American National Standards
2Institute, and the current edition of the International
3Residential Code shall, by law, be adopted as part of the
4construction contract.
5(Source: P.A. 93-778, eff. 1-1-05.)".