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91_HB2069
LRB9103815NTsb
1 AN ACT to amend the School Code by changing Section
2 2-3.12.
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 Section 2-3.12 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 The document known as "Efficient and Adequate Standards
15 for the Construction of Schools" applies only to temporary
16 school facilities, new school buildings, and additions to
17 existing schools whose construction contracts are awarded
18 after July 1, 1965. On or before July 1, 1967, each school
19 board shall have its school district buildings that were
20 constructed prior to January 1, 1955, surveyed by an
21 architect or engineer licensed in the State of Illinois as to
22 minimum standards necessary to conserve the health and safety
23 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 of Schools for an extension of time. The
25 extension of time may be granted by the State Superintendent
26 of Education for a period of one year, but may be extended
27 from year to year provided substantial progress, in the
28 opinion of the State Superintendent of Education, is being
29 made toward compliance.
30 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 of schools so
34 orders, each school board subject to the provisions of this
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1 Section shall again survey its school buildings and
2 effectuate any recommendations in accordance with the
3 procedures set forth herein. An architect or engineer
4 licensed in the State of Illinois is required to conduct the
5 surveys under the provisions of this Section and shall make a
6 report of the findings of the survey titled "safety survey
7 report" to the school board. The school board shall approve
8 the safety survey report, including any recommendations to
9 effectuate compliance with the code, and submit it to the
10 Regional Superintendent of Schools. The Regional
11 Superintendent of Schools shall render a decision regarding
12 approval or denial and submit the safety survey report to the
13 State Superintendent of Education. The State Superintendent
14 of Education shall approve or deny the report including
15 recommendations to effectuate compliance with the code and,
16 if approved, issue a certificate of approval. Upon receipt of
17 the certificate of approval, the Regional Superintendent of
18 Schools shall issue an order to effect any approved
19 recommendations included in the report. Items in the report
20 shall be prioritized. Urgent items shall be considered as
21 those items related to life safety problems that present an
22 immediate hazard to the safety of students. Required items
23 shall be considered as those items that are necessary for a
24 safe environment but present less of an immediate hazard to
25 the safety of students. Urgent and required items shall
26 reference a specific rule in the code authorized by this
27 Section that is currently being violated or will be violated
28 within the next 12 months if the violation is not remedied.
29 The school board of each district so surveyed and receiving a
30 report of needed recommendations to be made to maintain
31 standards of safety and health of the pupils enrolled shall
32 effectuate the correction of urgent items as soon as
33 achievable to ensure the safety of the students, but in no
34 case more than one year after the date of the State
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1 Superintendent of Education's approval of the recommendation.
2 Required items shall be corrected in a timely manner, but in
3 no case more than 5 years from the date of the State
4 Superintendent of Education's approval of the recommendation.
5 Once each year the school board shall submit a report of
6 progress on completion of any recommendations to effectuate
7 compliance with the code. For each year that the school
8 board does not effectuate any or all approved
9 recommendations, it shall petition the Regional
10 Superintendent of Schools and the State Superintendent of
11 Education detailing what work was completed in the previous
12 year and a work plan for completion of the remaining work.
13 If in the judgement of the Regional Superintendent of Schools
14 and the State Superintendent of Education substantial
15 progress has been made and just cause has been shown by the
16 school board, the petition for a one year extension of time
17 may be approved.
18 As soon as practicable, but not later than 2 years after
19 the effective date of this amendatory Act of 1992, the State
20 Board of Education shall combine the document known as
21 "Efficient and Adequate Standards for the Construction of
22 Schools" with the document known as "Building Specifications
23 for Health and Safety in Public Schools" together with any
24 modifications or additions that may be deemed necessary. The
25 combined document shall be known as the "Health/Life Safety
26 Code for Public Schools" and shall be the governing code for
27 all facilities that house public school students or are
28 otherwise used for public school purposes, whether such
29 facilities are permanent or temporary and whether they are
30 owned, leased, rented, or otherwise used by the district.
31 Facilities owned by a school district but that are not used
32 to house public school students or are not used for public
33 school purposes shall be governed by separate provisions
34 within the code authorized by this Section.
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1 The 10 year survey cycle specified in this Section shall
2 continue to apply based upon the standards contained in the
3 "Health/Life Safety Code for Public Schools", which shall
4 specify building standards for buildings that are constructed
5 prior to the effective date of this amendatory Act of 1992
6 and for buildings that are constructed after that date.
7 The "Health/Life Safety Code for Public Schools" shall be
8 the governing code for public schools; however, the
9 provisions of this Section shall not preclude inspection of
10 school premises and buildings pursuant to Section 9 of the
11 Fire Investigation Act, provided that the provisions of the
12 "Health/Life Safety Code for Public Schools", or such
13 predecessor document authorized by this Section as may be
14 applicable are used, and provided that those inspections are
15 coordinated with the Regional Superintendent of Schools
16 having jurisdiction over the public school facility. Any
17 agency having jurisdiction beyond the scope of the applicable
18 document authorized by this Section may issue a lawful order
19 to a school board to effectuate recommendations, and the
20 school board receiving the order shall certify to the
21 Regional Superintendent of Schools and the State
22 Superintendent of Education when it has complied with the
23 order.
24 The State Board of Education is authorized to adopt any
25 rules that are necessary relating to the administration and
26 enforcement of the provisions of this Section. The code
27 authorized by this Section shall apply only to those school
28 districts having a population of less than 500,000
29 inhabitants.
30 (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)