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90_SB1730
105 ILCS 5/2-3.12 from Ch. 122, par. 2-3.12
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/3-14.21 from Ch. 122, par. 3-14.21
105 ILCS 5/22-23 from Ch. 122, par. 22-23
30 ILCS 352/35
30 ILCS 805/8.22 new
Amends the School Code and the Bond Issue Notification
Act. Directs the State Board of Education to adopt a new
school building code, to be applicable to all school
districts throughout the State. Provides for inspection and
enforcement by the county and municipal agencies responsible
for local building code enforcement; waives the local permit
fees. Prohibits the requesting or granting of a waiver of
any provision of the school building code without the written
approval of the local building code authority. Requires
automatic fire sprinkler systems in all new school
construction. Prohibits school districts from requesting
waivers of any laws or rules pertaining to the installation
of automatic fire sprinkler systems. Amends the State
Mandates Act to require implementation without reimbursement.
LRB9009251NTsb
LRB9009251NTsb
1 AN ACT in relation to school building safety, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.12, 2-3.25g, 3-14.21, and 22-23 as follows:
7 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
8 Sec. 2-3.12. School building code. To prepare for school
9 boards with the advice of the Department of Public Health,
10 the Capital Development Board, and the State Fire Marshal a
11 school building code that will conserve the health and safety
12 and general welfare of the pupils and school personnel and
13 others who use public school facilities.
14 (a) The document known as "Efficient and Adequate
15 Standards for the Construction of Schools" applies only to
16 temporary school facilities, new school buildings, and
17 additions to existing schools whose construction contracts
18 are awarded after July 1, 1965. On or before July 1, 1967,
19 each school board shall have its school district buildings
20 that were constructed prior to January 1, 1955, surveyed by
21 an architect or engineer licensed in the State of Illinois as
22 to minimum standards necessary to conserve the health and
23 safety of the pupils enrolled in the school buildings of the
24 district. Buildings constructed between January 1, 1955 and
25 July 1, 1965, not owned by the State of Illinois, shall be
26 surveyed by an architect or engineer licensed in the State of
27 Illinois beginning 10 years after acceptance of the completed
28 building by the school board. Buildings constructed between
29 January 1, 1955 and July 1, 1955 and previously exempt under
30 the provisions of Section 35-27 shall be surveyed prior to
31 July 1, 1977 by an architect or engineer licensed in the
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1 State of Illinois. The architect or engineer, using the
2 document known as "Building Specifications for Health and
3 Safety in Public Schools" as a guide, shall make a report of
4 the findings of the survey to the school board, giving
5 priority in that report to fire safety problems and
6 recommendations thereon if any such problems exist. The
7 school board of each district so surveyed and receiving a
8 report of needed recommendations to be made to improve
9 standards of safety and health of the pupils enrolled has
10 until July 1, 1970, or in case of buildings not owned by the
11 State of Illinois and completed between January 1, 1955 and
12 July 1, 1965 or in the case of buildings previously exempt
13 under the provisions of Section 35-27 has a period of 3 years
14 after the survey is commenced, to effectuate those
15 recommendations, giving first attention to the
16 recommendations in the survey report having priority status,
17 and is authorized to levy the tax provided for in Section
18 17-2.11, according to the provisions of that Section, to make
19 such improvements. School boards unable to effectuate those
20 recommendations prior to July 1, 1970, on July 1, 1980 in the
21 case of buildings previously exempt under the provisions of
22 Section 35-27, may petition the State Superintendent of
23 Education upon the recommendation of the Regional
24 Superintendent for an extension of time. The extension of
25 time may be granted by the State Superintendent of Education
26 for a period of one year, but may be extended from year to
27 year provided substantial progress, in the opinion of the
28 State Superintendent of Education, is being made toward
29 compliance.
30 (b) Within 2 years after the effective date of this
31 amendatory Act of 1983, and every 10 years thereafter, or at
32 such other times as the State Board of Education deems
33 necessary or the regional superintendent so orders, each
34 school board subject to the provisions of this Section shall
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1 again survey its school buildings and effectuate any
2 recommendations in accordance with the procedures set forth
3 herein. An architect or engineer licensed in the State of
4 Illinois is required to conduct the surveys under the
5 provisions of this Section and shall make a report of the
6 findings of the survey titled "safety survey report" to the
7 school board. The school board shall approve the safety
8 survey report, including any recommendations to effectuate
9 compliance with the code, and submit it to the Regional
10 Superintendent. The Regional Superintendent shall render a
11 decision regarding approval or denial and submit the safety
12 survey report to the State Superintendent of Education. The
13 State Superintendent of Education shall approve or deny the
14 report including recommendations to effectuate compliance
15 with the code and, if approved, issue a certificate of
16 approval. Upon receipt of the certificate of approval, the
17 Regional Superintendent shall issue an order to effect any
18 approved recommendations included in the report. Items in
19 the report shall be prioritized. Urgent items shall be
20 considered as those items related to life safety problems
21 that present an immediate hazard to the safety of students.
22 Required items shall be considered as those items that are
23 necessary for a safe environment but present less of an
24 immediate hazard to the safety of students. Urgent and
25 required items shall reference a specific rule in the code
26 authorized by this Section that is currently being violated
27 or will be violated within the next 12 months if the
28 violation is not remedied. The school board of each district
29 so surveyed and receiving a report of needed recommendations
30 to be made to maintain standards of safety and health of the
31 pupils enrolled shall effectuate the correction of urgent
32 items as soon as achievable to ensure the safety of the
33 students. Required items shall be corrected in a timely
34 manner, but in no case more than 3 years from the date of the
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1 State Superintendent of Education's approval of the
2 recommendation. Once each year the school board shall submit
3 a report of progress on completion of any recommendations to
4 effectuate compliance with the code. For each year that the
5 school board does not effectuate any or all approved
6 recommendations, it shall petition the Regional
7 Superintendent and the State Superintendent of Education
8 detailing what work was completed in the previous year and a
9 work plan for completion of the remaining work. If in the
10 judgement of the Regional Superintendent and the State
11 Superintendent of Education substantial progress has been
12 made and just cause has been shown by the school board, the
13 petition for a one year extension of time may be approved.
14 (c) As soon as practicable, but not later than 2 years
15 after the effective date of this amendatory Act of 1992, the
16 State Board of Education shall combine the document known as
17 "Efficient and Adequate Standards for the Construction of
18 Schools" with the document known as "Building Specifications
19 for Health and Safety in Public Schools" together with any
20 modifications or additions that may be deemed necessary. The
21 combined document shall be known as the "Health/Life Safety
22 Code for Public Schools" and shall be the governing code for
23 all facilities that house public school students or are
24 otherwise used for public school purposes, whether such
25 facilities are permanent or temporary and whether they are
26 owned, leased, rented, or otherwise used by the district.
27 Facilities owned by a school district but that are not used
28 to house public school students or are not used for public
29 school purposes shall be governed by separate provisions
30 within the code authorized by this Section.
31 (d) The 10 year survey cycle specified in this Section
32 shall continue to apply based upon the standards contained in
33 the "Health/Life Safety Code for Public Schools", which shall
34 specify building standards for buildings that are constructed
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1 prior to the effective date of this amendatory Act of 1992
2 and for buildings that are constructed after that date.
3 (e) Except as provided in subsection (f), the
4 "Health/Life Safety Code for Public Schools" shall be the
5 governing code for public schools; however, the provisions of
6 this Section shall not preclude inspection of school premises
7 and buildings pursuant to Section 9 of the Fire Investigation
8 Act, provided that the provisions of the "Health/Life Safety
9 Code for Public Schools", or such predecessor or successor
10 document authorized by this Section as may be applicable are
11 used, and provided that those inspections are coordinated
12 with the Regional Superintendent having jurisdiction over the
13 public school facility.
14 Any agency having jurisdiction beyond the scope of the
15 applicable document authorized by this Section may issue a
16 lawful order to a school board to effectuate recommendations,
17 and the 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 (f) As soon as practicable, but not later than 2 years
21 after the effective date of this amendatory Act of 1998, the
22 State Board of Education shall adopt a nationally accepted
23 building and fire code to replace the corresponding portions
24 of the Health/Life Safety Code for Public Schools. This code
25 shall be known as the School Building Code and when it is
26 adopted it shall become the governing code for all public
27 school buildings and facilities in this State with respect to
28 the matters included; with respect to matters not included in
29 the new School Building Code, the Health/Life Safety Code for
30 Public Schools shall continue to govern.
31 All new construction, additions to, and significant
32 alterations of school buildings or facilities begun after the
33 effective date of the new School Building Code adopted under
34 this subsection (f) shall be subject to that code.
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1 (g) For the purposes of this Section, "local code
2 authority" means the municipal or county agency responsible
3 for enforcing the local building and fire codes, conducting
4 building inspections, reviewing plans, and issuing building
5 permits in the jurisdiction in which a school building or
6 facility is located or proposed to be located.
7 (h) All new construction, additions to, and significant
8 alterations of school buildings or facilities begun after the
9 effective date of the new School Building Code adopted under
10 subsection (f) shall be subject to the plan review process
11 and building permit requirements of the local code authority,
12 except that all permit fees shall be waived.
13 Notwithstanding any other provision of law, the local
14 code authority is hereby authorized to inspect all school
15 buildings and facilities within its jurisdiction for
16 compliance with the School Building Code and to enforce the
17 provisions of that code with respect to all new construction,
18 additions to, and significant alterations of school buildings
19 or facilities begun after the effective date of the code
20 through the local plan review and building permit process.
21 (i) The State Board of Education is authorized to adopt
22 any rules that are necessary relating to the administration
23 and enforcement of the provisions of this Section.
24 (j) The code authorized by subsection (c) of this
25 Section shall apply only to those school districts having a
26 population of less than 500,000 inhabitants. The school
27 building code authorized by subsection (f) of this Section
28 shall apply to all school districts, including those school
29 districts having a population of 500,000 or more inhabitants.
30 (Source: P.A. 89-397, eff. 8-20-95.)
31 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
32 Sec. 2-3.25g. Waiver or modification of mandates within
33 the School Code and administrative rules and regulations.
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1 Notwithstanding any other provisions of this School Code or
2 any other law of this State to the contrary, school districts
3 may petition the State Board of Education for the waiver or
4 modification of the mandates of this School Code or of the
5 administrative rules and regulations promulgated by the State
6 Board of Education. Waivers or modifications of
7 administrative rules and regulations and modifications of
8 mandates of this School Code may be requested when a school
9 district demonstrates that it can address the intent of the
10 rule or mandate in a more effective, efficient, or economical
11 manner or when necessary to stimulate innovation or improve
12 student performance. Waivers of mandates of the School Code
13 may be requested when the waivers are necessary to stimulate
14 innovation or improve student performance. Waivers may not
15 be requested from laws, rules, and regulations pertaining to
16 special education, teacher certification, or teacher tenure
17 and seniority, or the installation of automatic sprinkler
18 systems in any school building or facility. Waivers of
19 provisions of the School Building Code adopted by the State
20 Board under Section 2-3.12 shall not be requested or granted
21 without the express written approval of the local code
22 authority, as that term is defined in that Section.
23 School districts, as a matter of inherent managerial
24 policy, and any Independent Authority established under
25 Section 2-3.25f may submit an application for a waiver or
26 modification authorized under this Section. Each application
27 must include a written request by the school district or
28 Independent Authority and must demonstrate that the intent of
29 the mandate can be addressed in a more effective, efficient,
30 or economical manner or be based upon a specific plan for
31 improved student performance and school improvement. Any
32 district requesting a waiver or modification for the reason
33 that intent of the mandate can be addressed in a more
34 economical manner shall include in the application a fiscal
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1 analysis showing current expenditures on the mandate and
2 projected savings resulting from the waiver or modification.
3 Applications and plans developed by school districts must be
4 approved by each board of education following a public
5 hearing on the application and plan and the opportunity for
6 the board to hear testimony from educators directly involved
7 in its implementation, parents, and students. The public
8 hearing must be preceded by at least one published notice
9 occurring at least 7 days prior to the hearing in a newspaper
10 of general circulation within the school district that sets
11 forth the time, date, place, and general subject matter of
12 the hearing. The school district must notify in writing the
13 affected exclusive collective bargaining agent of the
14 district's intent to seek approval of a waiver or
15 modification and of the hearing to be held to take testimony
16 from educators. The affected exclusive collective bargaining
17 agents shall be notified of such public hearing at least 7
18 days prior to the date of the hearing and shall be allowed to
19 attend such public hearing.
20 A request for a waiver or modification of administrative
21 rules and regulations or for a modification of mandates
22 contained in this School Code shall be submitted to the State
23 Board of Education within 15 days after approval by the board
24 of education. Following receipt of the request, the State
25 Board shall have 45 days to review the application and
26 request. If the State Board fails to disapprove the
27 application within that 45 day period, the waiver or
28 modification shall be deemed granted. The State Board may
29 disapprove any request if it is not based upon sound
30 educational practices, endangers the health or safety of
31 students or staff, compromises equal opportunities for
32 learning, or fails to demonstrate that the intent of the rule
33 or mandate can be addressed in a more effective, efficient,
34 or economical manner or have improved student performance as
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1 a primary goal. Any request disapproved by the State Board
2 may be appealed to the General Assembly by the requesting
3 school district as outlined in this Section.
4 A request for a waiver from mandates contained in this
5 School Code shall be submitted to the State Board within 15
6 days after approval by the board of education. The State
7 Board shall review the applications and requests for
8 completeness and shall compile the requests in reports to be
9 filed with the General Assembly. The State Board shall file
10 reports outlining the waivers requested by school districts
11 and appeals by school districts of requests disapproved by
12 the State Board with the Senate and the House of
13 Representatives before each May 1 and October 1. The General
14 Assembly may disapprove the report of the State Board in
15 whole or in part within 30 calendar days after each house of
16 the General Assembly next convenes after the report is filed
17 by adoption of a resolution by a record vote of the majority
18 of members elected in each house. If the General Assembly
19 fails to disapprove any waiver request or appealed request
20 within such 30 day period, the waiver or modification shall
21 be deemed granted. Any resolution adopted by the General
22 Assembly disapproving a report of the State Board in whole or
23 in part shall be binding on the State Board.
24 An approved waiver or modification may remain in effect
25 for a period not to exceed 5 school years and may be renewed
26 upon application by the school district. However, such waiver
27 or modification may be changed within that 5-year period by a
28 local school district board following the procedure as set
29 forth in this Section for the initial waiver or modification
30 request. If neither the State Board of Education nor the
31 General Assembly disapproves, the change is deemed granted.
32 On or before February 1, 1998, and each year thereafter,
33 the State Board of Education shall submit a cumulative report
34 summarizing all types of waiver mandates and modifications of
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1 mandates granted by the State Board or the General Assembly.
2 The report shall identify the topic of the waiver along with
3 the number and percentage of school districts for which the
4 waiver has been granted. The report shall also include any
5 recommendations from the State Board regarding the repeal or
6 of modification of waived mandates.
7 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
8 eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
9 (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
10 Sec. 3-14.21. Inspection of schools.
11 (a) The regional superintendent shall inspect and survey
12 all public schools under his or her supervision and notify
13 the board of education, or the trustees of schools in a
14 district with trustees, in writing before July 30, whether or
15 not the several schools in their district have been kept as
16 required by law, using forms provided by the State Board of
17 Education which are based on the Health/Life Safety Code for
18 Public Schools or the School Building Code adopted under
19 Section 2-3.12. The regional superintendent shall report his
20 or her findings to the State Board of Education on forms
21 provided by the State Board of Education.
22 (b) If the regional superintendent determines that a
23 school board has failed in a timely manner to correct urgent
24 items identified in a previous life-safety report completed
25 under Section 2-3.12 or as otherwise previously ordered by
26 the regional superintendent, the regional superintendent
27 shall order the school board to adopt and submit to the
28 regional superintendent a plan for the immediate correction
29 of the building violations. This plan shall be adopted
30 following a public hearing that is conducted by the school
31 board on the violations and the plan and that is preceded by
32 at least 7 days' prior notice of the hearing published in a
33 newspaper of general circulation within the school district.
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1 If the regional superintendent determines in the next annual
2 inspection that the plan has not been completed and that the
3 violations have not been corrected, the regional
4 superintendent shall submit a report to the State Board of
5 Education with a recommendation that the State Board withhold
6 from payments of general State aid due to the district an
7 amount necessary to correct the outstanding violations. The
8 State Board, upon notice to the school board and to the
9 regional superintendent, shall consider the report at a
10 meeting of the State Board, and may order that a sufficient
11 amount of general State aid be withheld from payments due to
12 the district to correct the violations. This amount shall be
13 paid to the regional superintendent who shall contract on
14 behalf of the school board for the correction of the
15 outstanding violations.
16 (Source: P.A. 90-464, eff. 8-17-97.)
17 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
18 Sec. 22-23. Automatic Sprinkler systems.
19 (a) The provisions of this Section apply to the school
20 board, board of education, board of school directors, board
21 of school inspectors or other governing body of each school
22 district in this State, including special charter districts
23 and districts organized under Article 34.
24 (b) As used in this Section, the term "school
25 construction" means (1) the construction of a new school
26 building, or addition to an existing building, within any
27 period of 30 months, having 7,200 or more square feet, and
28 (2) any alteration, as defined in 71 Illinois Administrative
29 Code, Section 400.210, within any period of 30 months,
30 affecting one or more areas of a school building which
31 cumulatively are equal to 50% or more of the square footage
32 of the school building.
33 (c) New areas or uses of buildings not required to be
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1 sprinklered under this Section shall be protected with the
2 installation of an automatic fire detection system.
3 (d) Notwithstanding any other provisions of this Act, no
4 school construction shall be commenced in any school district
5 on or after the effective date of this amendatory Act of 1998
6 1991 unless automatic sprinkler systems are required by, and
7 are installed in accordance with approved plans and
8 specifications in the school building, addition or project
9 areas which constitute school construction as defined in
10 subsection (b). Plans and specifications shall comply with
11 the Health/Life Safety Code for Public Schools and the School
12 Building Code adopted by the State Board under Section 2-3.12
13 and any rules and regulations established by the State Board
14 of Education, and such rules and regulations shall be
15 consistent so far as practicable with nationally recognized
16 standards such as those established by the National Fire
17 Protection Association.
18 (Source: P.A. 90-566, eff. 1-2-98.)
19 Section 85. The Bond Issue Notification Act is amended
20 by changing Section 35 as follows:
21 (30 ILCS 352/35)
22 Sec. 35. Health/Life Safety Code. If the Regional
23 Superintendent of Schools having jurisdiction over a school
24 district certifies to the school district and the State Board
25 of Education that the work proposed for which the
26 non-referendum general obligation bonds or limited bonds will
27 be issued is work that is required in order to meet the
28 minimum mandatory safety scores under the Health/Life Safety
29 Code for Public Schools and the School Building Code created
30 pursuant to Section 2-3.12 of the School Code, the school
31 district issuing the bonds is not required to comply with the
32 provisions of this Act except that, for school districts
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1 exempt from Section 2-3.12 of the School Code, if the board
2 of education of the school district certifies to the State
3 Board of Education that the work proposed for which the
4 non-referendum general obligation bonds or limited bonds will
5 be issued is work that is required in order to implement a
6 capital improvement program to provide for the health, life,
7 and safety needs of the pupils, school personnel, and school
8 district, the school district issuing the bonds is not
9 required to comply with the provisions of this Act.
10 (Source: P.A. 89-655, eff. 1-1-97.)
11 Section 90. The State Mandates Act is amended by adding
12 Section 8.22 as follows:
13 (30 ILCS 805/8.22 new)
14 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
15 and 8 of this Act, no reimbursement by the State is required
16 for the implementation of any mandate created by this
17 amendatory Act of 1998.