Full Text of SB2368 103rd General Assembly
SB2368enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 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 | | 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 | 9 | | constructed commercial building or a substantially improved | 10 | | commercial 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 | 8 | | municipality or county having jurisdiction that has registered | 9 | | its adopted building code with the Board as required by | 10 | | Section 55 of the Illinois Building Commission Act. | 11 | | (c) The qualification requirements of this Section do not | 12 | | apply to building enforcement personnel employed by a | 13 | | municipality or county who are acting in their official | 14 | | capacity jurisdictions as defined in subsection (b) . | 15 | | (d) For purposes of this Section: | 16 | | "Commercial building" means any building other than : (i) a | 17 | | single-family home or a dwelling containing 2 or fewer | 18 | | apartments, condominiums, or townhouses; townhomes or (ii) a | 19 | | farm building as exempted from Section 3 of the Illinois | 20 | | Architecture Practice Act of 1989. | 21 | | "Newly constructed commercial building" means any | 22 | | commercial building for which original construction has | 23 | | commenced on or after July 1, 2011. | 24 | | "Non-building code jurisdiction" means any area of the | 25 | | State in a municipality or county having jurisdiction that: | 26 | | (i) has not adopted a building code; or (ii) is required to but |
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| 1 | | has not identified its adopted building code to the Board | 2 | | under Section 10.18 of the Capital Development Board Act not | 3 | | subject to a building code imposed by either a county or | 4 | | municipality . | 5 | | "Qualified inspector" means an individual qualified by the | 6 | | State of Illinois, certified as a commercial building | 7 | | inspector by the International Code Council or an equivalent | 8 | | by a nationally recognized building inspector official | 9 | | certification organization, qualified as a construction and | 10 | | building inspector by successful completion of by an | 11 | | apprentice program certified by the United States Department | 12 | | of Labor Bureau of Apprentice Training , or who has filed | 13 | | verification of inspection experience according to rules | 14 | | adopted by the Board for the purposes of conducting | 15 | | inspections in non-building code jurisdictions. | 16 | | "Substantial damage" means damage of any origin sustained | 17 | | by a structure whereby the cost of restoring the structure to | 18 | | its before-damaged condition would equal or exceed 50% of the | 19 | | market value of the structure before damage occurred. | 20 | | "Substantially improved commercial building" means, for | 21 | | work commenced on or after January 1, 2025, any commercial | 22 | | building that has undergone any repair, reconstruction, | 23 | | rehabilitation, alteration, addition, or other improvement, | 24 | | the cost of which equals or exceeds 50% of the market value of | 25 | | the structure before the improvement or repair is started. If | 26 | | a commercial building has sustained substantial damage, any |
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| 1 | | repairs are considered substantial improvement regardless of | 2 | | the actual repair work performed. "Substantially improved | 3 | | commercial building" does not include: (i) any project for | 4 | | improvement of a structure to correct existing violations of | 5 | | State or local health, sanitary, or safety code specifications | 6 | | which have been identified by the local code enforcement | 7 | | official and which are the minimum necessary to assure safe | 8 | | living conditions or (ii) any alteration of a historic | 9 | | structure, provided that the alteration will not preclude the | 10 | | structure's continued designation as a historic structure. | 11 | | (e) Except as provided in Section 15 of the Illinois | 12 | | Residential Building Code Act, new New residential | 13 | | construction is exempt from this Section and is defined as any | 14 | | original construction of a single-family home or a dwelling | 15 | | containing 2 or fewer apartments,
condominiums, or townhouses | 16 | | townhomes in accordance with the Illinois Residential Building | 17 | | Code Act . | 18 | | (f) Local governments may establish agreements with other | 19 | | governmental entities within the State to issue permits and | 20 | | enforce building codes and may hire third-party providers that | 21 | | are qualified in accordance with this Section to provide | 22 | | inspection services. | 23 | | (g) This Section does not limit the applicability of | 24 | | regulate any other statutorily authorized code or regulation | 25 | | administered by State agencies. These include without | 26 | | limitation the codes and regulations listed in subparagraphs |
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| 1 | | (C) through (F) of paragraph (2) of subsection (a) Illinois | 2 | | Plumbing Code, the Illinois Environmental Barriers Act, the | 3 | | International Energy Conservation Code, and administrative | 4 | | rules adopted by the Office of the State Fire Marshal . | 5 | | (h) The changes to this Section made by this amendatory | 6 | | Act of the 103rd General Assembly shall apply beginning on | 7 | | January 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 | 12 | | population of less than 1,000,000 or a county adopting a new | 13 | | building code edition or amending an existing building code | 14 | | must, at least 30 days before adopting the effective date of | 15 | | the building code or amendment , identify provide an | 16 | | identification of the model code being adopted , by title and | 17 | | edition, and any local amendments or the amendment to the | 18 | | Capital Development Board in writing . | 19 | | (b) No later than 180 days after the effective date of this | 20 | | amendatory Act of the 103rd General Assembly, any municipality | 21 | | or county that has adopted and is enforcing a building code | 22 | | must identify the adopted model code, by title and edition, | 23 | | and any local amendments, to the Board in writing. | 24 | | (c) For each municipality and county subject to this | 25 | | Section, the The Capital Development Board must identify the |
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| 1 | | adopted model proposed code or codes , by the title and | 2 | | edition, and note if any local amendments were adopted, and | 3 | | identify the date when this information was reported to the | 4 | | Board made to the public on the Board's public Capital | 5 | | Development Board website. | 6 | | (d) For the purposes of this Section, "building code" | 7 | | means a model building code adopted with or without local | 8 | | amendments to regulate regulating the construction or | 9 | | rehabilitation and maintenance of structures within the | 10 | | municipality or county. "Building code" does not include any | 11 | | zoning ordinance adopted under Division 13 of Article 11 of | 12 | | the Illinois Municipal Code or Division 5-12 of Article 5 of | 13 | | the Counties Code.
| 14 | | (e) Beginning January 1, 2025, any municipal building code | 15 | | or 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 | 2 | | International Building Code, including Appendix G, first | 3 | | published by the International Code Council during the current | 4 | | year or preceding 9 calendar years with the least restrictive | 5 | | provisions for structural design. | 6 | | "Baseline existing building code" means the edition of the | 7 | | International Existing Building Code first published by the | 8 | | International Code Council during the current year or | 9 | | preceding 9 calendar years with the least restrictive | 10 | | provisions for structural design. | 11 | | "Baseline residential code" means the edition of the | 12 | | International Residential Code for One- and Two-Family | 13 | | Dwellings first published by the International Code Council | 14 | | during the current year or preceding 9 calendar years with the | 15 | | least restrictive provisions for structural design. | 16 | | "Residential building" means a single-family home or a | 17 | | dwelling containing 2 or fewer apartments, condominiums, or | 18 | | townhouses. | 19 | | "Structural design" means the capacity of a newly | 20 | | constructed structure or altered or repaired existing | 21 | | structure, including its foundation, to withstand forces, | 22 | | including, but not limited to, dead loads, live loads, snow | 23 | | loads, wind loads, soil loads and hydrostatic pressure, rain | 24 | | loads, and earthquake loads, and to resist flood damage. | 25 | | This subsection is a limitation under subsection (i) of | 26 | | Section 6 of Article VII of the Illinois Constitution on the |
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| 1 | | concurrent exercise by home rule units of powers and functions | 2 | | exercised by the State. | 3 | | (f) On an annual basis, the Board shall send written | 4 | | notification to the corporate authorities of each municipality | 5 | | and county subject to this Section of their obligations under | 6 | | this Section. | 7 | | (Source: P.A. 99-639, eff. 7-28-16.) | 8 | | Section 10. The Illinois Residential Building
Code
Act is | 9 | | amended 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 | 13 | | or the most recent preceding edition of the International | 14 | | Residential Code for One- and Two-Family
One and Two Family | 15 | | Dwellings published by the International Code Council, | 16 | | excluding Parts IV and VII as
now
or hereafter amended by the | 17 | | Council .
| 18 | | "New residential construction" means any original | 19 | | construction of a
single-family home or a dwelling containing | 20 | | 2 or fewer apartments,
condominiums,
or townhouses town | 21 | | houses .
| 22 | | "Non-building code jurisdiction" means any area of the | 23 | | State in a municipality or county having jurisdiction that: | 24 | | (i) has not adopted a residential building code; or (ii) is |
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| 1 | | required to but has not identified its adopted residential | 2 | | building code to the Board under Section 10.18 of the Capital | 3 | | Development Board Act. | 4 | | "Residential building code" means a model code adopted by | 5 | | a municipality or county, with or without local amendments, to | 6 | | regulate the construction of an ordinance, resolution, law, | 7 | | housing or
building code, or zoning ordinance that | 8 | | establishes, for residential building
contractors, | 9 | | construction-related
activities
applicable to single-family or | 10 | | 2-family residential structures or townhouses within the | 11 | | municipality or county .
| 12 | | Home builder "Residential building contractor" means any | 13 | | individual, corporation, or
partnership that constructs a | 14 | | fixed building or structure for sale or use by
another as a | 15 | | residence or that, for a price, commission, fee, wage, or | 16 | | other
compensation, undertakes or offers to undertake the | 17 | | construction of any
building or structure to be used by | 18 | | another as a residence, if the individual,
corporation, or | 19 | | partnership reasonably expects to earn a financial profit from
| 20 | | that 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 | 24 | | to build new residential construction a home (1) in any | 25 | | non-building code jurisdiction municipality in this State that |
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| 1 | | does not have a residential building code in effect or (2) in | 2 | | any portion of a county that is not located within a | 3 | | municipality and does not have a residential building code in | 4 | | effect must adopt as part of the construction contract the | 5 | | applicability of a residential building code that is agreed to | 6 | | by the home builder and the home purchaser as provided in this | 7 | | Section. The home builder and the home purchaser may agree to | 8 | | adopt the International Residential Code or any municipal | 9 | | residential building code or county residential building code | 10 | | that is in effect on the first day of construction in any | 11 | | county or municipality that is within 100 miles of the | 12 | | location of the new home. If the home builder and the home | 13 | | purchaser fail to agree to a residential building code or if no | 14 | | residential building code is stated in the contract, the code | 15 | | adopted under Section 15 of the Energy Efficient Building Act, | 16 | | the plumbing code promulgated by the Illinois Department of | 17 | | Public Health under Section 35 of the Illinois Plumbing | 18 | | License Law, the National Electric Code as adopted by the | 19 | | American National Standards Institute, and the current edition | 20 | | of the International Residential Code shall, by law, be | 21 | | adopted as part of the construction contract.
| 22 | | (Source: P.A. 93-778, eff. 1-1-05.)
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