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Public Act 099-0639 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Capital Development Board Act is amended by | ||||
adding Section 10.18 as follows: | ||||
(20 ILCS 3105/10.18 new) | ||||
Sec. 10.18. Identification of local building codes. All | ||||
municipalities with a population of less than 1,000,000 or a | ||||
county adopting a new building code or amending an existing | ||||
building code must, at least 30 days before adopting the code | ||||
or amendment, provide an identification of the code, by title | ||||
and edition, or the amendment to the Capital Development Board. | ||||
The Capital Development Board must identify the proposed code, | ||||
by the title and edition, and note if any amendments were made | ||||
to the public on the Capital Development Board website. | ||||
For the purposes of this Section, "building code" means a | ||||
model building code regulating the construction and | ||||
maintenance of structures within the municipality or county. | ||||
Section 10. The Energy
Efficient Building Act is amended by | ||||
changing Sections 40 and 45 as follows: | ||||
(20 ILCS 3125/40)
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Sec. 40. Input from interested parties. When
developing | ||
Code adaptations, rules, and procedures for
compliance with the | ||
Code, the Capital Development Board , or
the Illinois Building | ||
Commission as directed by the Board,
shall seek input from | ||
representatives from the building
trades, design | ||
professionals, construction professionals,
code | ||
administrators, and other interested entities affected.
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(Source: P.A. 93-936, eff. 8-13-04.) | ||
(20 ILCS 3125/45)
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Sec. 45. Home rule. | ||
(a)
No unit of local government, including any home rule | ||
unit, may regulate energy efficient building standards for | ||
commercial buildings in a manner that is less stringent than | ||
the provisions contained in this Act.
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(b) No unit of local government, including any home rule | ||
unit, may regulate energy efficient building standards for | ||
residential buildings in a manner that is either less or more | ||
stringent than the standards established pursuant to this Act; | ||
provided, however, that the following entities may regulate | ||
energy efficient building standards for residential buildings | ||
in a manner that is more stringent than the provisions | ||
contained in this Act: (i) a unit of local government, | ||
including a home rule unit, that has, on or before May 15, | ||
2009, adopted or incorporated by reference energy efficient | ||
building standards for residential buildings that are |
equivalent to or more stringent than the 2006 International | ||
Energy Conservation Code, (ii) a unit of local government, | ||
including a home rule unit, that has, on or before May 15, | ||
2009, provided to the Capital Development Board, as required by | ||
Section 10.18 of the Capital Development Board Act 55 of the | ||
Illinois Building Commission Act , an identification of an | ||
energy efficient building code or amendment that is equivalent | ||
to or more stringent than the 2006 International Energy | ||
Conservation Code, and (iii) a municipality with a population | ||
of 1,000,000 or more. | ||
(c) No unit of local government, including any home rule | ||
unit or unit of local government that is subject to State | ||
regulation under the Code as provided in Section 15 of this | ||
Act, may hereafter enact any annexation ordinance or | ||
resolution, or require or enter into any annexation agreement, | ||
that imposes energy efficient building standards for | ||
residential buildings that are either less or more stringent | ||
than the energy efficiency standards in effect, at the time of | ||
construction, throughout the unit of local government. | ||
(d) This Section is a denial
and limitation
of home rule | ||
powers and functions under subsection (i) of Section 6
of | ||
Article VII of the Illinois Constitution on the concurrent | ||
exercise by home rule units of powers and functions exercised | ||
by the State.
Nothing in this Section, however, prevents a unit | ||
of local government from adopting an energy efficiency code or | ||
standards for commercial buildings that are more stringent than |
the Code under this Act.
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(Source: P.A. 96-778, eff. 8-28-09.)
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(20 ILCS 3918/Act rep.)
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Section 15. The Illinois Building Commission Act is | ||
repealed. | ||
Section 20. The Counties Code is amended by changing | ||
Sections 5-1063 and 5-1064 as follows:
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(55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
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Sec. 5-1063.
Building construction, alteration and
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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
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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
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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.
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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.
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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
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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
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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.
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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
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amendment, provide an identification of the building code, by | ||
title and
edition, or the amendment to the
Illinois Building
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Commission for identification under Section 10.18 of the |
Capital Development Board Act on the Internet .
For the purposes | ||
of this Section, "building code" means any ordinance,
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resolution, law,
housing or building code, or zoning ordinance | ||
that establishes construction
related activities
applicable to | ||
structures in the county.
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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.
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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.
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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.
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(Source: P.A. 96-721, eff. 1-1-10.)
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(55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
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Sec. 5-1064. Buildings in certain counties of less than | ||
1,000,000
population. The county board in any county with a | ||
population not in
excess of 1,000,000 located in the area | ||
served by the Northeastern Illinois
Metropolitan Area Planning | ||
Commission may prescribe by resolution or
ordinance reasonable | ||
rules and regulations (a) governing the construction
and |
alteration of all buildings and structures and parts and | ||
appurtenances
thereof and governing the maintenance thereof in | ||
a condition reasonably
safe from the hazards of fire, | ||
explosion, collapse, contagion and the
spread of infectious | ||
disease, but any such resolution or ordinance shall be
subject | ||
to any rule or regulation now or hereafter adopted by the State
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Fire Marshal pursuant to "An Act to regulate the storage,
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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. However, the county shall
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exempt all municipalities located wholly or partly within the | ||
county where
the municipal building code is equal to the county | ||
regulation and where the
local authorities are enforcing the | ||
municipal building code. Such rules and
regulations shall be | ||
applicable throughout the county but this Section
shall not be | ||
construed to prevent municipalities from establishing higher
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standards nor shall such rules and regulations apply to the | ||
construction or
alteration of buildings and structures used or | ||
to be used for agricultural
purposes and located upon a tract | ||
of land which is zoned and used for
agricultural purposes.
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In the adoption of rules and regulations under this Section | ||
the county
board shall be governed by the publication and | ||
posting requirements set out
in Section 5-1063.
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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
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amendment, provide an identification of the building code, by | ||
title and
edition, or the amendment to the
Illinois Building
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Commission for identification under Section 10.18 of the | ||
Capital Development Board Act on the Internet .
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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
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applicable to structures in the county.
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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 deemed a | ||
petty offense.
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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.
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(Source: P.A. 92-489, eff. 7-1-02.)
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Section 25. The Illinois Municipal Code is amended by | ||
changing Section 1-2-3.1 as follows:
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(65 ILCS 5/1-2-3.1)
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Sec. 1-2-3.1. Building codes. Beginning on the effective | ||
date of this
amendatory Act of
the 92nd General Assembly, any | ||
municipality with a population of less than
1,000,000 adopting | ||
a new building code or
amending an
existing building code must, | ||
at least 30 days before adopting the code or
amendment,
provide | ||
an identification of
the code, by title and edition, or the | ||
amendment to the Illinois Building
Commission for | ||
identification under Section 10.18 of the Capital Development | ||
Board Act on
the Internet .
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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 municipality.
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(Source: P.A. 92-489, eff. 7-1-02.)
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Section 30. The Hospital Licensing Act is amended by | ||
changing Section 8 as follows:
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(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
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Sec. 8. Facility plan review; fees.
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(a) Before commencing construction of new facilities or | ||
specified types
of alteration or additions to an existing | ||
hospital involving major
construction, as defined by rule by | ||
the Department, with an estimated
cost greater than $100,000, | ||
architectural plans and
specifications therefor shall be |
submitted by the licensee to the
Department for review and | ||
approval.
A hospital may submit architectural drawings and | ||
specifications for other
construction projects for Department | ||
review according to subsection (b) that
shall not be subject to | ||
fees under subsection (d).
The Department must give a hospital | ||
that is planning to submit a construction
project for review | ||
the opportunity to discuss its plans and specifications with
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the Department before the hospital formally submits the plans | ||
and
specifications for Department review.
Review of drawings | ||
and specifications shall be conducted by an employee of
the | ||
Department meeting the qualifications established by the | ||
Department of
Central Management Services class specifications | ||
for such an individual's
position or by a person contracting | ||
with the Department who meets those class
specifications.
Final | ||
approval of the plans and specifications for compliance
with | ||
design and construction standards shall be obtained from the
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Department before the alteration, addition, or new | ||
construction is begun. Subject to this Section 8, and prior to | ||
January 1, 2012, the Department shall consider the re-licensing | ||
of an existing hospital structure according to the standards | ||
for an existing hospital, as set forth in the Department's | ||
rules. Re-licensing under this provision shall occur only if | ||
that facility operated as a licensed hospital on July 1, 2005, | ||
has had no intervening use as other than a hospital, and exists | ||
in a county with a population of less than 20,000 that does not | ||
have another licensed hospital on the effective date of this |
amendatory Act of the 95th General Assembly.
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(b) The Department shall inform an applicant in writing | ||
within 10 working
days after receiving drawings and | ||
specifications and the required fee, if any,
from the applicant | ||
whether the applicant's submission is complete or
incomplete. | ||
Failure to provide the applicant with this notice within 10
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working days shall result in the submission being deemed | ||
complete for purposes
of initiating the 60-day review period | ||
under this Section. If the submission
is incomplete, the | ||
Department shall inform the applicant of the deficiencies
with | ||
the submission in writing. If the submission is complete and | ||
the required
fee, if any, has been paid,
the Department shall | ||
approve or disapprove drawings and specifications
submitted to | ||
the Department no later than 60 days following receipt by the
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Department. The drawings and specifications shall be of | ||
sufficient detail, as
provided by Department rule, to
enable | ||
the Department to
render a determination of compliance with | ||
design and construction standards
under this Act.
If the | ||
Department finds that the drawings are not of sufficient detail | ||
for it
to render a determination of compliance, the plans shall | ||
be determined to be
incomplete and shall not be considered for | ||
purposes of initiating the 60 day
review period.
If a | ||
submission of drawings and specifications is incomplete, the | ||
applicant
may submit additional information. The 60-day review | ||
period shall not commence
until the Department determines that | ||
a submission of drawings and
specifications is complete or the |
submission is deemed complete.
If the Department has not | ||
approved or disapproved the
drawings and specifications within | ||
60 days, the construction, major alteration,
or addition shall | ||
be deemed approved. If the drawings and specifications are
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disapproved, the Department shall state in writing, with | ||
specificity, the
reasons for the disapproval. The entity | ||
submitting the drawings and
specifications may submit | ||
additional information in response to the written
comments from | ||
the Department or request a reconsideration of the disapproval.
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A final decision of approval or disapproval shall be made | ||
within 45 days of the
receipt of the additional information or | ||
reconsideration request. A final decision shall be subject to | ||
review under the Administrative Review Law. If denied,
the | ||
Department shall state the specific reasons for the denial
and | ||
the applicant may elect to seek dispute resolution pursuant to | ||
Section
25 of the Illinois Building Commission Act, which the | ||
Department must
participate in.
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(c) The Department shall provide written approval for | ||
occupancy pursuant
to subsection (g) and shall not issue a | ||
violation to a facility as a result of
a licensure or complaint | ||
survey based upon the facility's physical structure
if:
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(1) the Department reviewed and approved or deemed | ||
approved the drawing
and specifications for compliance | ||
with design and construction standards;
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(2) the construction, major alteration, or addition | ||
was built as
submitted;
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(3) the law or rules have not been amended since the | ||
original approval;
and
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(4) the conditions at the facility indicate that there | ||
is a reasonable
degree of safety provided for the patients.
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(c-5) The Department shall not issue a violation to a | ||
facility if the
inspected aspects of the facility were | ||
previously found to be in compliance
with applicable standards, | ||
the relevant law or rules have not been amended,
conditions at | ||
the facility
reasonably protect the safety of its patients, and | ||
alterations or new hazards
have not been
identified.
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(d) The Department shall charge the following fees in | ||
connection with its
reviews conducted before June 30, 2004 | ||
under this Section:
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(1) (Blank).
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(2) (Blank).
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(3) If the estimated dollar value of the major
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construction is greater than $500,000, the fee shall be
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established by the Department pursuant to rules that | ||
reflect the reasonable
and
direct cost of the Department in | ||
conducting the architectural reviews required
under this | ||
Section. The estimated dollar value of the major | ||
construction
subject to review under this Section shall be | ||
annually readjusted to
reflect the
increase in | ||
construction costs due to inflation.
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The fees provided in this subsection (d) shall not apply to | ||
major
construction projects involving facility changes that |
are required by
Department rule amendments or to projects | ||
related to homeland security.
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The fees provided in this subsection (d) shall also not | ||
apply to major
construction projects if 51% or more of the | ||
estimated cost of the project is
attributed to capital | ||
equipment. For major construction projects where 51% or
more of | ||
the estimated cost of the project is attributed to capital | ||
equipment,
the Department shall by rule establish a fee that is | ||
reasonably related to the
cost of reviewing the project.
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Disproportionate share hospitals and rural hospitals shall | ||
only pay
one-half of the fees
required in this subsection (d).
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For the purposes of this subsection (d),
(i) "disproportionate | ||
share hospital" means a hospital described in items (1)
through | ||
(5) of subsection (b) of Section 5-5.02 of the Illinois Public | ||
Aid
Code and (ii)
"rural hospital" means a hospital that
is (A) | ||
located
outside a metropolitan statistical area or (B) located | ||
15 miles or less from a
county that is
outside a metropolitan | ||
statistical area and is licensed to perform
medical/surgical or
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obstetrical services and has a combined total bed capacity of | ||
75 or fewer beds
in these 2
service categories as of July 14, | ||
1993, as determined by the Department.
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The Department shall not commence the facility plan review | ||
process under this
Section until the applicable fee has been | ||
paid.
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(e) All fees received by the Department under this Section | ||
shall be
deposited into the Health Facility Plan Review Fund, a |
special fund created in
the State treasury.
All fees paid by | ||
hospitals under subsection (d) shall be used only to cover
the | ||
direct and reasonable costs relating to the Department's review | ||
of hospital
projects under this
Section.
Moneys shall be | ||
appropriated from that Fund to the
Department only to pay the | ||
costs of conducting reviews under this Section.
None of the | ||
moneys in the Health Facility Plan Review Fund shall be used to
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reduce the amount of General Revenue Fund moneys appropriated | ||
to the Department
for facility plan reviews conducted pursuant | ||
to this Section.
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(f) (Blank).
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(g) The Department shall conduct an on-site inspection of | ||
the completed
project no later than 15 business days after | ||
notification from the
applicant that the
project has been | ||
completed and all certifications required by the Department
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have been received and accepted by the Department. The | ||
Department may extend
this deadline only if a federally | ||
mandated survey time frame takes
precedence. The Department | ||
shall
provide written approval for occupancy to the applicant | ||
within 5 working days
of the Department's final inspection, | ||
provided the applicant has demonstrated
substantial compliance | ||
as defined by Department rule.
Occupancy of new major | ||
construction is prohibited until Department approval is
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received, unless the Department has not acted within the time | ||
frames provided
in this subsection (g), in which case the | ||
construction shall be deemed
approved. Occupancy shall be |
authorized after any
required health inspection by the | ||
Department has been conducted.
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(h) The Department shall establish, by rule, a procedure to | ||
conduct interim
on-site review of large or complex construction | ||
projects.
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(i) The Department shall establish, by rule, an expedited | ||
process for
emergency repairs or replacement of like equipment.
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(j) Nothing in this Section shall be construed to apply to | ||
maintenance,
upkeep, or renovation that does not affect the | ||
structural integrity of the
building, does not add beds or | ||
services over the number for which the facility
is licensed, | ||
and provides a reasonable degree of safety for the patients.
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(Source: P.A. 95-707, eff. 1-11-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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