Illinois General Assembly - Full Text of Public Act 094-0225
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Public Act 094-0225


 

Public Act 0225 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0225
 
SB0383 Enrolled LRB094 09159 NHT 39391 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
2-3.12, 3-14.20, and 3-14.21 and by adding Section 2-3.137 as
follows:
 
    (105 ILCS 5/2-3.12)  (from Ch. 122, par. 2-3.12)
    Sec. 2-3.12. School building code. To prepare for school
boards with the advice of the Department of Public Health, the
Capital Development Board, and the State Fire Marshal a school
building code that will conserve the health and safety and
general welfare of the pupils and school personnel and others
who use public school facilities.
    The document known as "Efficient and Adequate Standards for
the Construction of Schools" applies only to temporary school
facilities, new school buildings, and additions to existing
schools whose construction contracts are awarded after July 1,
1965. On or before July 1, 1967, each school board shall have
its school district buildings that were constructed prior to
January 1, 1955, surveyed by an architect or engineer licensed
in the State of Illinois as to minimum standards necessary to
conserve the health and safety of the pupils enrolled in the
school buildings of the district. Buildings constructed
between January 1, 1955 and July 1, 1965, not owned by the
State of Illinois, shall be surveyed by an architect or
engineer licensed in the State of Illinois beginning 10 years
after acceptance of the completed building by the school board.
Buildings constructed between January 1, 1955 and July 1, 1955
and previously exempt under the provisions of Section 35-27
shall be surveyed prior to July 1, 1977 by an architect or
engineer licensed in the State of Illinois. The architect or
engineer, using the document known as "Building Specifications
for Health and Safety in Public Schools" as a guide, shall make
a report of the findings of the survey to the school board,
giving priority in that report to fire safety problems and
recommendations thereon if any such problems exist. The school
board of each district so surveyed and receiving a report of
needed recommendations to be made to improve standards of
safety and health of the pupils enrolled has until July 1,
1970, or in case of buildings not owned by the State of
Illinois and completed between January 1, 1955 and July 1, 1965
or in the case of buildings previously exempt under the
provisions of Section 35-27 has a period of 3 years after the
survey is commenced, to effectuate those recommendations,
giving first attention to the recommendations in the survey
report having priority status, and is authorized to levy the
tax provided for in Section 17-2.11, according to the
provisions of that Section, to make such improvements. School
boards unable to effectuate those recommendations prior to July
1, 1970, on July 1, 1980 in the case of buildings previously
exempt under the provisions of Section 35-27, may petition the
State Superintendent of Education upon the recommendation of
the Regional Superintendent for an extension of time. The
extension of time may be granted by the State Superintendent of
Education for a period of one year, but may be extended from
year to year provided substantial progress, in the opinion of
the State Superintendent of Education, is being made toward
compliance. However, for fire protection issues, only one
one-year extension may be made, and no other provision of this
Code or an applicable code may supersede this requirement. For
routine inspections, the State Fire Marshal or a qualified fire
official to whom the State Fire Marshal has delegated his or
her authority officials shall notify the Regional
Superintendent, the district superintendent, and provide
written notice to the principal of the school in advance to
schedule a mutually agreed upon time for the fire safety check.
However, no more than 2 routine inspections may be made in a
calendar year.
    Within 2 years after the effective date of this amendatory
Act of 1983, and every 10 years thereafter, or at such other
times as the State Board of Education deems necessary or the
regional superintendent so orders, each school board subject to
the provisions of this Section shall again survey its school
buildings and effectuate any recommendations in accordance
with the procedures set forth herein. An architect or engineer
licensed in the State of Illinois is required to conduct the
surveys under the provisions of this Section and shall make a
report of the findings of the survey titled "safety survey
report" to the school board. The school board shall approve the
safety survey report, including any recommendations to
effectuate compliance with the code, and submit it to the
Regional Superintendent. The Regional Superintendent shall
render a decision regarding approval or denial and submit the
safety survey report to the State Superintendent of Education.
The State Superintendent of Education shall approve or deny the
report including recommendations to effectuate compliance with
the code and, if approved, issue a certificate of approval.
Upon receipt of the certificate of approval, the Regional
Superintendent shall issue an order to effect any approved
recommendations included in the report. Items in the report
shall be prioritized. Urgent items shall be considered as those
items related to life safety problems that present an immediate
hazard to the safety of students. Required items shall be
considered as those items that are necessary for a safe
environment but present less of an immediate hazard to the
safety of students. Urgent and required items shall reference a
specific rule in the code authorized by this Section that is
currently being violated or will be violated within the next 12
months if the violation is not remedied. The school board of
each district so surveyed and receiving a report of needed
recommendations to be made to maintain standards of safety and
health of the pupils enrolled shall effectuate the correction
of urgent items as soon as achievable to ensure the safety of
the students, but in no case more than one year after the date
of the State Superintendent of Education's approval of the
recommendation. Required items shall be corrected in a timely
manner, but in no case more than 5 years from the date of the
State Superintendent of Education's approval of the
recommendation. Once each year the school board shall submit a
report of progress on completion of any recommendations to
effectuate compliance with the code. For each year that the
school board does not effectuate any or all approved
recommendations, it shall petition the Regional Superintendent
and the State Superintendent of Education detailing what work
was completed in the previous year and a work plan for
completion of the remaining work. If in the judgement of the
Regional Superintendent and the State Superintendent of
Education substantial progress has been made and just cause has
been shown by the school board, the petition for a one year
extension of time may be approved.
    As soon as practicable, but not later than 2 years after
the effective date of this amendatory Act of 1992, the State
Board of Education shall combine the document known as
"Efficient and Adequate Standards for the Construction of
Schools" with the document known as "Building Specifications
for Health and Safety in Public Schools" together with any
modifications or additions that may be deemed necessary. The
combined document shall be known as the "Health/Life Safety
Code for Public Schools" and shall be the governing code for
all facilities that house public school students or are
otherwise used for public school purposes, whether such
facilities are permanent or temporary and whether they are
owned, leased, rented, or otherwise used by the district.
Facilities owned by a school district but that are not used to
house public school students or are not used for public school
purposes shall be governed by separate provisions within the
code authorized by this Section.
    The 10 year survey cycle specified in this Section shall
continue to apply based upon the standards contained in the
"Health/Life Safety Code for Public Schools", which shall
specify building standards for buildings that are constructed
prior to the effective date of this amendatory Act of 1992 and
for buildings that are constructed after that date.
    The "Health/Life Safety Code for Public Schools" shall be
the governing code for public schools; however, the provisions
of this Section shall not preclude inspection of school
premises and buildings pursuant to Section 9 of the Fire
Investigation Act, provided that the provisions of the
"Health/Life Safety Code for Public Schools", or such
predecessor document authorized by this Section as may be
applicable are used, and provided that those inspections are
coordinated with the Regional Superintendent having
jurisdiction over the public school facility. Nothing in this
Section shall be construed to prohibit the State Fire Marshal
or a qualified a local fire official to whom the State Fire
Marshal has delegated his or her authority department, fire
protection district, or the Office of the State Fire Marshal
from conducting a fire safety check in a public school. The
Regional Superintendent shall address any violations that are
not corrected in a timely manner pursuant to subsection (b) of
Section 3-14.21 of this Code. Upon being notified by a fire
official that corrective action must be taken to resolve a
violation, the school board shall take corrective action within
one year. However, violations that present imminent danger must
be addressed immediately.
    Any agency having jurisdiction beyond the scope of the
applicable document authorized by this Section may issue a
lawful order to a school board to effectuate recommendations,
and the school board receiving the order shall certify to the
Regional Superintendent and the State Superintendent of
Education when it has complied with the order.
    The State Board of Education is authorized to adopt any
rules that are necessary relating to the administration and
enforcement of the provisions of this Section. The code
authorized by this Section shall apply only to those school
districts having a population of less than 500,000 inhabitants.
    In this Section, a "qualified fire official" means an
individual that meets the requirements of rules adopted by the
State Fire Marshal in cooperation with the State Board of
Education to administer this Section. These rules shall be
based on recommendations made by the task force established
under Section 2-3.137 of this Code.
(Source: P.A. 92-593, eff. 1-1-03.)
 
    (105 ILCS 5/2-3.137 new)
    Sec. 2-3.137. Inspection and review of school facilities;
task force.
    (a) The State Board of Education shall adopt rules for the
documentation of school plan reviews and inspections of school
facilities, including the responsible individual's signature.
Such documents shall be kept on file by the regional
superintendent of schools.
    (b) The State Board of Education shall convene a task force
for the purpose of reviewing the documents required under rules
adopted under subsection (a) of this Section and making
recommendations regarding training and accreditation of
individuals performing reviews or inspections required under
Section 2-3.12, 3-14.20, 3-14.21, or 3-14.22 of this Code,
including regional superintendents of schools and others
performing reviews or inspections under the authority of a
regional superintendent (such as consultants, municipalities,
and fire protection districts).
    The task force shall consist of all of the following
members:
        (1) The Executive Director of the Capital Development
    Board or his or her designee and a staff representative of
    the Division of Building Codes and Regulations.
        (2) The State Superintendent of Education or his or her
    designee.
        (3) A person appointed by the State Board of Education.
        (4) A person appointed by an organization representing
    school administrators.
        (5) A person appointed by an organization representing
    suburban school administrators and school board members.
        (6) A person appointed by an organization representing
    architects.
        (7) A person appointed by an organization representing
    regional superintendents of schools.
        (8) A person appointed by an organization representing
    fire inspectors.
        (9) A person appointed by an organization representing
    Code administrators.
        (10) A person appointed by an organization
    representing plumbing inspectors.
        (11) A person appointed by an organization that
    represents both parents and teachers.
        (12) A person appointed by an organization
    representing municipal governments in the State.
        (13) A person appointed by the State Fire Marshal from
    his or her office.
        (14) A person appointed by an organization
    representing fire chiefs.
        (15) The Director of Public Health or his or her
    designee.
        (16) A person appointed by an organization
    representing structural engineers.
        (17) A person appointed by an organization
    representing professional engineers.
    The task force shall issue a report of its findings to the
Governor and the General Assembly no later than January 1,
2006.
 
    (105 ILCS 5/3-14.20)   (from Ch. 122, par. 3-14.20)
    Sec. 3-14.20. Building plans and specifications. To
inspect the building plans and specifications, including but
not limited to plans and specifications for the heating,
ventilating, lighting, seating, water supply, toilets and
safety against fire of public school rooms and buildings
submitted to him by school boards, and to approve all those
which comply substantially with the building code authorized in
Section 2-3.12.
    If a municipality or, in the case of an unincorporated
area, a county or, if applicable, a fire protection district
wishes to be notified of plans and specifications received by a
regional office of education for any future construction or
alteration of a public school facility located within that
entity's jurisdiction, then the entity must register this wish
with the regional superintendent of schools. Within 10 days
after the regional superintendent of schools receives the plans
and specifications from a school board and prior to the bidding
process, he or she shall notify, in writing, the registered
municipality and, if applicable, the registered fire
protection district where the school that is being constructed
or altered lies that plans and specifications have been
received. In the case of an unincorporated area, the registered
county shall be notified. If the municipality, fire protection
district, or county requests a review of the plans and
specifications, then the school board shall submit a copy of
the plans and specifications. The municipality and, if
applicable, the fire protection district or the county may
comment in writing on the plans and specifications based on the
building code authorized in Section 2-3.12, referencing the
specific code where a discrepancy has been identified, and
respond back to the regional superintendent of schools within
15 days after a copy of the plans and specifications have been
received or, if needed for plan review, such additional time as
agreed to by the regional superintendent of schools. This
review must be at no cost to the school district. The local
fire department or fire protection district where the school is
being constructed or altered may request a review of the plans
and specifications. The regional superintendent of schools
shall submit a copy of the plans and specifications within 10
business days after the request. The fire department or fire
protection district may comment on the plans and specifications
based on the building code authorized in Section 2-3.12 of the
Code and, if any corrective action must be taken, shall respond
to the regional superintendent of schools within 15 days after
receipt of the plans and specifications. The Office of the
State Fire Marshal may review the plans and specifications at
the request of the fire department or fire protection district.
The review must be conducted at no cost to the school district.
    If such plans and specifications are not approved or denied
approval by the regional superintendent of schools within 3
months after the date on which they are submitted to him or
her, the school board may submit such plans and specifications
directly to the State Superintendent of Education for approval
or denial.
(Source: P.A. 92-593, eff. 1-1-03.)
 
    (105 ILCS 5/3-14.21)  (from Ch. 122, par. 3-14.21)
    Sec. 3-14.21. Inspection of schools.
    (a) The regional superintendent shall inspect and survey
all public schools under his or her supervision and notify the
board of education, or the trustees of schools in a district
with trustees, in writing before July 30, whether or not the
several schools in their district have been kept as required by
law, using forms provided by the State Board of Education which
are based on the Health/Life Safety Code for Public Schools
adopted under Section 2-3.12. The regional superintendent
shall report his or her findings to the State Board of
Education on forms provided by the State Board of Education.
    (b) If the regional superintendent determines that a school
board has failed in a timely manner to correct urgent items
identified in a previous life-safety report completed under
Section 2-3.12 or as otherwise previously ordered by the
regional superintendent, the regional superintendent shall
order the school board to adopt and submit to the regional
superintendent a plan for the immediate correction of the
building violations. This plan shall be adopted following a
public hearing that is conducted by the school board on the
violations and the plan and that is preceded by at least 7
days' prior notice of the hearing published in a newspaper of
general circulation within the school district. If the regional
superintendent determines in the next annual inspection that
the plan has not been completed and that the violations have
not been corrected, the regional superintendent shall submit a
report to the State Board of Education with a recommendation
that the State Board withhold from payments of general State
aid due to the district an amount necessary to correct the
outstanding violations. The State Board, upon notice to the
school board and to the regional superintendent, shall consider
the report at a meeting of the State Board, and may order that
a sufficient amount of general State aid be withheld from
payments due to the district to correct the violations. This
amount shall be paid to the regional superintendent who shall
contract on behalf of the school board for the correction of
the outstanding violations.
    (c) The Office of the State Fire Marshal or a qualified
fire official, as defined in Section 2-3.12 of this Code, to
whom the State Fire Marshal has delegated his or her authority
shall conduct an annual fire safety inspection of each school
building in this State. The State Fire Marshal or the fire
official shall coordinate its inspections with the regional
superintendent. The inspection shall be based on the fire
safety code authorized in Section 2-3.12 of this Code. Any
violations shall be reported in writing to the regional
superintendent and school board and shall reference the
specific code sections where a discrepancy has been identified
within 15 days after the inspection has been conducted. The
regional superintendent shall address those violations that
are not corrected in a timely manner pursuant to subsection (b)
of this Section. The inspection must be at no cost to the
school district.
(Source: P.A. 90-464, eff. 8-17-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2005