State of Illinois
90th General Assembly
Legislation

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90_HB1816

      New Act
      20 ILCS 605/46.69 new
          Creates the Illinois Building Commission Act. Creates  an
      11-member  advisory  Commission.   Allows  the  Commission to
      suggest resolutions for conflicts between State agencies or a
      State agency  and  other  entities  concerning  the  agency's
      building  requirements.  Provides  that  the Commission shall
      review   building   requirement   amendments   and   proposed
      legislation for  conflicting  requirements  to  current  law.
      Requires  the  Commission  to  suggest  a  standard  form for
      requesting compliance alternatives and modifications of State
      building requirements, to forward all compliance  alternative
      requests  to  the appropriate State agency for action, and to
      suggest procedures and formats for appeals  of  State  agency
      decisions.   Provides  that  the  Commission  shall suggest a
      long-term plan to improve the administration and  enforcement
      of  State  building requirements.  Requires the Commission to
      submit an annual report  to  the  Governor  and  the  General
      Assembly.  Requires the report to be available to the public.
      Provides that the Commission members shall appoint members to
      subcommittees.  States  that  the Department of Public Health
      shall assist the Commission in carrying out is functions  and
      responsibilities   by   providing  administrative  and  staff
      support.  Amends the Civil Administrative Code of Illinois to
      require the Department of Commerce and Community  Affairs  to
      establish   a   consolidated   clearinghouse  containing  all
      existing State  building  requirements  and  all  information
      concerning those requirements.
                                                     LRB9005134DNmb
                                               LRB9005134DNmb
 1        AN ACT to create the Illinois Building Commission.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Illinois Building Commission Act.
 6        Section 5.  Definitions. When used in this Act:
 7        "Commission" means the Illinois Building Commission.
 8        "State  agency" has the same meaning as in Section 1-7 of
 9    the Illinois  State Auditing Act.
10        "State building requirements" means  any  law,  rule,  or
11    executive   order   implemented  by  the  State  of  Illinois
12    affecting the construction of buildings in Illinois.
13        Section 10.  Creation.  An  advisory  commission,  to  be
14    known  as  the Illinois Building Commission, is created.  The
15    Commission shall consist of 11 members,  including:   a  fire
16    official,  a  building official, an architect, a professional
17    engineer, a  structural  engineer,  a  commercial  contractor
18    representative,    a    residential   construction   industry
19    representative,  a  mechanical   and   specialty   contractor
20    representative,   a   labor   representative,   a  disability
21    advocate, and a member of the public.  The  Commission  shall
22    be  appointed by the Governor, with the advice and consent of
23    the Senate.
24        Section 15.  Terms and reimbursement.  The fire official,
25    architect,   structural   engineer,   commercial   contractor
26    representative,  labor  representative,  and  member  of  the
27    public shall serve initial terms of 2 years.    The  building
28    official,  professional  engineer,  residential  construction
29    industry  representative, mechanical and specialty contractor
                            -2-                LRB9005134DNmb
 1    representative, and disability advocate shall service initial
 2    terms of 3 years.  Each subsequent term shall be for 3 years.
 3    Members may be appointed for more than one term.  A  chairman
 4    of  the  Commission shall be elected each year by the members
 5    of the Commission.  Commission members  shall  be  reimbursed
 6    for travel expenses and shall receive a per diem for each day
 7    that  the  Commission  or  a subcommittee on which the member
 8    serves meets. Reimbursement shall be consistent with Illinois
 9    Department of Central Management Services rules, as  approved
10    by the Governor's Travel Control Board.
11        Section  20.  Subcommittees.  The Commission shall create
12    and appoint members  to  the  following  subcommittees:   the
13    planning  subcommittee,  the  building  and  fire  protection
14    subcommittee,   the   building   envelope  subcommittee,  the
15    structural  systems  subcommittee,  the   building   services
16    subcommittee,  and  the  accessibility  subcommittee.   There
17    shall  be  at  least 5 members but not more than 9 members on
18    each  subcommittee.   The  subcommittees  shall  advise   the
19    Commission  on any item before the Commission that deals with
20    the area of expertise of the subcommittee. The Commission may
21    create any other subcommittee that it deems necessary.
22        Section 25.  Forum; dispute  resolution.  The  Commission
23    shall  provide  an  ongoing  forum  for  continuing  dialogue
24    regarding  the  purpose  and  duties  of the Commission.  The
25    Commission shall also serve as a forum to suggest  resolution
26    of  conflicts  between  State  agencies,  or  between a State
27    agency and another entity that  consents  to  the  resolution
28    forum, concerning State building requirements.
29        Section   30.    State   building   requirements  review;
30    compliance alternatives. The Commission shall review proposed
31    State   building   requirement   amendments   and    proposed
                            -3-                LRB9005134DNmb
 1    legislation for conflicting requirements to current State law
 2    or  current  building  requirements  and make recommendations
 3    concerning those amendments or laws to the proper  authority.
 4    The   Commission  shall  (i)  suggest  a  standard  form  for
 5    requesting compliance alternatives and modifications of State
 6    building requirements; (ii) forward  compliance  alternatives
 7    requests  to  the  appropriate  State  agency for action; and
 8    (iii) suggest procedures and formats  for  appeals  of  State
 9    agency decisions.
10        Section  35.  Administration  and  enforcement  of  State
11    building  requirements.   The Commission shall also suggest a
12    long-term plan to improve administration and  enforcement  of
13    State   building  requirements  statewide.   The  plan  shall
14    include  (i)  recommendations  for  ways  the  Department  of
15    Commerce and Community Affairs could  create  a  consolidated
16    clearinghouse  on  all  information concerning existing State
17    building requirements, (ii) recommendations for a  consistent
18    format for State building requirements, (iii) recommendations
19    for  a  system  or  procedure  for  updating  existing  State
20    building  requirements  that  shall  include  a procedure for
21    input from the public, (iv) recommendations for a  system  or
22    procedure  for  the  review, approval, and appeal of building
23    plans, and (v) recommendations for a system or  procedure  to
24    enforce the State building requirements. The Commission shall
25    submit   its   suggestions   for  creating  the  consolidated
26    clearinghouse to the Department  of  Commerce  and  Community
27    Affairs as soon as practical after the effective date of this
28    Act.
29        Section  40.  Annual report.  The Commission shall submit
30    an annual report to the Governor  and  the  General  Assembly
31    regarding   (i)   the   approval  of  compliance  alternative
32    requests, (ii) the responsibilities of the Commission,  (iii)
                            -4-                LRB9005134DNmb
 1    any  progress  toward  coordination  of  the State's building
 2    requirements, and (iv) recommendations for legislative action
 3    by the General Assembly.  The annual  report  shall  be  made
 4    available   to  the  public.  The  Commission  may  charge  a
 5    reasonable fee for reproduction of the report.
 6        Section 45.   Assistance  of  the  Department  of  Public
 7    Health.   The  Department  of  Public Health shall assist the
 8    Commission in carrying out its functions and responsibilities
 9    by  providing  administrative   and   staff   support.    The
10    Commission  shall  advise the Department of its budgetary and
11    staff needs.
12        Section 95.  The Civil Administrative Code of Illinois is
13    amended by adding Section 46.69 as follows:
14        (20 ILCS 605/46.69 new)
15        Sec. 46.69.   State  building  requirements.   After  the
16    Department has received the recommendations from the Illinois
17    Building  Commission,  the  Department  shall    establish  a
18    consolidated  clearinghouse  containing  all  existing  State
19    building  requirements  and  all information concerning those
20    requirements.  The  Department  shall  make  the  information
21    available to the public upon request.  The  Department  shall
22    assist   the  public  in  determining  which  State  building
23    requirements apply to any specified project.

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