Public Act 096-0721
 
SB1511 Enrolled LRB096 08144 RLJ 18250 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-1063 as follows:
 
    (55 ILCS 5/5-1063)  (from Ch. 34, par. 5-1063)
    Sec. 5-1063. Building construction, alteration and
maintenance. For the purpose of promoting and safeguarding the
public health, safety, comfort and welfare, a county board may
prescribe by resolution or ordinance reasonable rules and
regulations (a) governing the construction and alteration of
all buildings, structures and camps or parks accommodating
persons in house trailers, house cars, cabins or tents and
parts and appurtenances thereof and governing the maintenance
thereof in a condition reasonably safe from hazards of fire,
explosion, collapse, electrocution, flooding, asphyxiation,
contagion and the spread of infectious disease, where such
buildings, structures and camps or parks are located outside
the limits of cities, villages and incorporated towns, but
excluding those for agricultural purposes on farms including
farm residences, but any such resolution or ordinance shall be
subject to any rule or regulation heretofore or hereafter
adopted by the State Fire Marshal pursuant to "An Act to
regulate the storage, transportation, sale and use of gasoline
and volatile oils", approved June 28, 1919, as amended; (b) for
prohibiting the use for residential purposes of buildings and
structures already erected or moved into position which do not
comply with such rules and regulations; and (c) for the
restraint, correction and abatement of any violations.
    In addition, the county board may by resolution or
ordinance require that each occupant of an industrial or
commercial building located outside the limits of cities,
villages and incorporated towns obtain an occupancy permit
issued by the county. The county board may by resolution or
ordinance require that an occupancy permit be obtained for each
newly constructed residential dwelling located outside the
limits of cities, villages, and incorporated towns, but may not
require more than one occupancy permit per newly constructed
residential dwelling. Such permit may be valid for the duration
of the occupancy or for a specified period of time, and shall
be valid only with respect to the occupant to which it is
issued. A county board may not impose a fee on an occupancy
permit for a newly constructed residential dwelling issued
pursuant to this Section. If, before the effective date of this
amendatory Act of the 96th General Assembly, a county board
imposes a fee on an occupancy permit for a newly constructed
residential dwelling, then the county board may continue to
impose the occupancy permit fee.
    Within 30 days after its adoption, such resolution or
ordinance shall be printed in book or pamphlet form, published
by authority of the County Board; or it shall be published at
least once in a newspaper published and having general
circulation in the county; or if no newspaper is published
therein, copies shall be posted in at least 4 conspicuous
places in each township or Road District. No such resolution or
ordinance shall take effect until 10 days after it is published
or posted. Where such building or camp or park rules and
regulations have been published previously in book or pamphlet
form, the resolution or ordinance may provide for the adoption
of such rules and regulations or portions thereof, by reference
thereto without further printing, publication or posting,
provided that not less than 3 copies of such rules and
regulations in book or pamphlet form shall have been filed, in
the office of the County Clerk, for use and examination by the
public for at least 30 days prior to the adoption thereof by
the County Board.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, any county adopting a new building
code or amending an existing building code under this Section
must, at least 30 days before adopting the building code or
amendment, provide an identification of the building code, by
title and edition, or the amendment to the Illinois Building
Commission for identification on the Internet. For the purposes
of this Section, "building code" means any ordinance,
resolution, law, housing or building code, or zoning ordinance
that establishes construction related activities applicable to
structures in the county.
    The violation of any rule or regulation adopted pursuant to
this Section, except for a violation of the provisions of this
amendatory Act of the 92nd General Assembly and the rules and
regulations adopted under those provisions, shall be a petty
offense.
    All rules and regulations enacted by resolution or
ordinance under the provisions of this Section shall be
enforced by such officer of the county as may be designated by
resolution of the County Board.
    No such resolution or ordinance shall be enforced if it is
in conflict with any law of this State or with any rule of the
Department of Public Health.
(Source: P.A. 92-489, eff. 7-1-02.)

Effective Date: 1/1/2010