State of Illinois
92nd General Assembly
Legislation

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92_HB1451

 
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 1        AN ACT in relation to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 2-3.12 as follows:

 6        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
 7        Sec. 2-3.12.  School building code. To prepare for school
 8    boards  with  the  advice of the Department of Public Health,
 9    the Capital Development Board, and the State Fire  Marshal  a
10    school building code that will conserve the health and safety
11    and  general  welfare  of the pupils and school personnel and
12    others who use public school facilities.
13        The document known as "Efficient and  Adequate  Standards
14    for  the  Construction  of Schools" applies only to temporary
15    school facilities, new school  buildings,  and  additions  to
16    existing  schools  whose  construction  contracts are awarded
17    after July 1, 1965.  On or before July 1, 1967,  each  school
18    board  shall  have  its  school  district buildings that were
19    constructed  prior  to  January  1,  1955,  surveyed  by   an
20    architect or engineer licensed in the State of Illinois as to
21    minimum standards necessary to conserve the health and safety
22    of  the  pupils  enrolled  in  the  school  buildings  of the
23    district.  Buildings constructed between January 1, 1955  and
24    July  1,  1965,  not owned by the State of Illinois, shall be
25    surveyed by an architect or engineer licensed in the State of
26    Illinois beginning 10 years after acceptance of the completed
27    building by the school board.  Buildings constructed  between
28    January  1, 1955 and July 1, 1955 and previously exempt under
29    the provisions of Section 35-27 shall be  surveyed  prior  to
30    July  1,  1977  by  an  architect or engineer licensed in the
31    State of Illinois.  The  architect  or  engineer,  using  the
 
                            -2-                LRB9202645NTsb
 1    document  known  as  "Building  Specifications for Health and
 2    Safety in Public Schools" as a guide, shall make a report  of
 3    the  findings  of  the  survey  to  the  school board, giving
 4    priority  in  that  report  to  fire  safety   problems   and
 5    recommendations  thereon  if  any  such  problems exist.  The
 6    school board of each district so  surveyed  and  receiving  a
 7    report  of  needed  recommendations  to  be  made  to improve
 8    standards of safety and health of  the  pupils  enrolled  has
 9    until  July 1, 1970, or in case of buildings not owned by the
10    State of Illinois and completed between January 1,  1955  and
11    July  1,  1965  or in the case of buildings previously exempt
12    under the provisions of Section 35-27 has a period of 3 years
13    after  the  survey  is   commenced,   to   effectuate   those
14    recommendations,    giving    first    attention    to    the
15    recommendations  in the survey report having priority status,
16    and is authorized to levy the tax  provided  for  in  Section
17    17-2.11, according to the provisions of that Section, to make
18    such  improvements.  School boards unable to effectuate those
19    recommendations prior to July 1, 1970, on July 1, 1980 in the
20    case of buildings previously exempt under the  provisions  of
21    Section  35-27,  may  petition  the  State  Superintendent of
22    Education   upon   the   recommendation   of   the   Regional
23    Superintendent for an extension of time.   The  extension  of
24    time  may be granted by the State Superintendent of Education
25    for a period of one year, but may be extended  from  year  to
26    year  provided  substantial  progress,  in the opinion of the
27    State Superintendent  of  Education,  is  being  made  toward
28    compliance.
29        Within   2   years  after  the  effective  date  of  this
30    amendatory Act of 1983, and every 10 years thereafter, or  at
31    such  other  times  as  the  State  Board  of Education deems
32    necessary or the  regional  superintendent  so  orders,  each
33    school  board subject to the provisions of this Section shall
34    again  survey  its  school  buildings  and   effectuate   any
 
                            -3-                LRB9202645NTsb
 1    recommendations  in  accordance with the procedures set forth
 2    herein. An architect or engineer licensed  in  the  State  of
 3    Illinois  is  required  to  conduct  the  surveys  under  the
 4    provisions  of  this  Section  and shall make a report of the
 5    findings of the survey titled "safety survey report"  to  the
 6    school  board.   The  school  board  shall approve the safety
 7    survey report, including any  recommendations  to  effectuate
 8    compliance  with  the  code,  and  submit  it to the Regional
 9    Superintendent.  The Regional Superintendent shall  render  a
10    decision  regarding  approval or denial and submit the safety
11    survey report to the State Superintendent of Education.   The
12    State  Superintendent  of Education shall approve or deny the
13    report including  recommendations  to  effectuate  compliance
14    with  the  code  and,  if  approved,  issue  a certificate of
15    approval. Upon receipt of the certificate  of  approval,  the
16    Regional  Superintendent  shall  issue an order to effect any
17    approved recommendations included in the  report.   Items  in
18    the  report  shall  be  prioritized.   Urgent  items shall be
19    considered as those items related  to  life  safety  problems
20    that  present  an immediate hazard to the safety of students.
21    Required items shall be considered as those  items  that  are
22    necessary  for  a  safe  environment  but  present less of an
23    immediate hazard to  the  safety  of  students.   Urgent  and
24    required  items  shall  reference a specific rule in the code
25    authorized by this Section that is currently  being  violated
26    or  will  be  violated  within  the  next  12  months  if the
27    violation is not remedied.  The school board of each district
28    so surveyed and receiving a report of needed  recommendations
29    to  be made to maintain standards of safety and health of the
30    pupils enrolled shall effectuate  the  correction  of  urgent
31    items  as  soon  as  achievable  to  ensure the safety of the
32    students, but in no case more than one year after the date of
33    the State  Superintendent  of  Education's  approval  of  the
34    recommendation.    Required  items  shall  be  corrected in a
 
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 1    timely manner, but in no case more than 5 years from the date
 2    of the State Superintendent of Education's  approval  of  the
 3    recommendation.  Once each year the school board shall submit
 4    a  report of progress on completion of any recommendations to
 5    effectuate compliance with the code.  For each year that  the
 6    school   board  does  not  effectuate  any  or  all  approved
 7    recommendations,   it    shall    petition    the    Regional
 8    Superintendent  and  the  State  Superintendent  of Education
 9    detailing what work was completed in the previous year and  a
10    work  plan  for  completion of the remaining work.  If in the
11    judgement  of  the  Regional  Superintendent  and  the  State
12    Superintendent of Education  substantial  progress  has  been
13    made  and  just cause has been shown by the school board, the
14    petition for a one year extension of time may be approved.
15        As soon as practicable, but not later than 2 years  after
16    the  effective date of this amendatory Act of 1992, the State
17    Board of  Education  shall  combine  the  document  known  as
18    "Efficient  and  Adequate  Standards  for the Construction of
19    Schools" with the document known as "Building  Specifications
20    for  Health  and  Safety in Public Schools" together with any
21    modifications or additions that may be deemed necessary.  The
22    combined document shall be known as the  "Health/Life  Safety
23    Code  for Public Schools" and shall be the governing code for
24    all facilities that  house  public  school  students  or  are
25    otherwise  used  for  public  school  purposes,  whether such
26    facilities are permanent or temporary and  whether  they  are
27    owned,  leased,  rented,  or  otherwise used by the district.
28    Facilities owned by a school district but that are  not  used
29    to  house  public  school students or are not used for public
30    school purposes shall  be  governed  by  separate  provisions
31    within the code authorized by this Section.
32        The  10 year survey cycle specified in this Section shall
33    continue to apply based upon the standards contained  in  the
34    "Health/Life  Safety  Code  for  Public Schools", which shall
 
                            -5-                LRB9202645NTsb
 1    specify building standards for buildings that are constructed
 2    prior to the effective date of this amendatory  Act  of  1992
 3    and for buildings that are constructed after that date.
 4        The "Health/Life Safety Code for Public Schools" shall be
 5    the   governing   code   for  public  schools;  however,  the
 6    provisions of this Section shall not preclude  inspection  of
 7    school  premises  and  buildings pursuant to Section 9 of the
 8    Fire Investigation Act, provided that the provisions  of  the
 9    "Health/Life   Safety  Code  for  Public  Schools",  or  such
10    predecessor document authorized by this  Section  as  may  be
11    applicable  are used, and provided that those inspections are
12    coordinated   with   the   Regional   Superintendent   having
13    jurisdiction over the public  school  facility.   Any  agency
14    having  jurisdiction  beyond  the  scope  of  the  applicable
15    document  authorized by this Section may issue a lawful order
16    to a school board  to  effectuate  recommendations,  and  the
17    school  board  receiving  the  order  shall  certify  to  the
18    Regional  Superintendent  and  the  State  Superintendent  of
19    Education when it has complied with the order.
20        The  State  Board of Education is authorized to adopt any
21    rules that are necessary relating to the  administration  and
22    enforcement  of  the  provisions  of  this Section.  The code
23    authorized by this Section shall apply only to  those  school
24    districts   having   a   population   of  less  than  500,000
25    inhabitants.
26    (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)

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