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92_SB0754 LRB9200713MWpk 1 AN ACT in relation to building codes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Building Commission Act is 5 amended by adding Section 55 as follows: 6 (20 ILCS 3918/55 new) 7 Sec. 55. Publication of local building codes. Beginning 8 on the effective date of this amendatory Act of the 92nd 9 General Assembly, any municipality or county adopting a new 10 building code or amending an existing building code must, 30 11 days before adopting the code or amendment, provide a copy 12 of the code or amendment to the Commission. The Commission 13 must make the copy available to the public on the Internet 14 through the State of Illinois World Wide Web site. 15 The Commission may adopt any rules necessary to implement 16 this Section. 17 For the purposes of this Section, "building code" means 18 any ordinance, resolution, law, housing or building code, or 19 zoning ordinance that establishes construction, plumbing, 20 heating, electrical, fire prevention, sanitation, or other 21 health and safety standards applicable to structures in a 22 municipality or county, as the case may be. 23 Section 10. The Counties Code is amended by changing 24 Sections 5-1063 and 5-1064 as follows: 25 (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063) 26 Sec. 5-1063. Building construction, alteration and 27 maintenance. For the purpose of promoting and safeguarding 28 the public health, safety, comfort and welfare, a county 29 board may prescribe by resolution or ordinance reasonable -2- LRB9200713MWpk 1 rules and regulations (a) governing the construction and 2 alteration of all buildings, structures and camps or parks 3 accommodating persons in house trailers, house cars, cabins 4 or tents and parts and appurtenances thereof and governing 5 the maintenance thereof in a condition reasonably safe from 6 hazards of fire, explosion, collapse, electrocution, 7 flooding, asphyxiation, contagion and the spread of 8 infectious disease, where such buildings, structures and 9 camps or parks are located outside the limits of cities, 10 villages and incorporated towns, but excluding those for 11 agricultural purposes on farms including farm residences, but 12 any such resolution or ordinance shall be subject to any rule 13 or regulation heretofore or hereafter adopted by the State 14 Fire Marshal pursuant to "An Act to regulate the storage, 15 transportation, sale and use of gasoline and volatile oils", 16 approved June 28, 1919, as amended; (b) for prohibiting the 17 use for residential purposes of buildings and structures 18 already erected or moved into position which do not comply 19 with such rules and regulations; and (c) for the restraint, 20 correction and abatement of any violations. 21 In addition, the county board may by resolution or 22 ordinance require that each occupant of an industrial or 23 commercial building located outside the limits of cities, 24 villages and incorporated towns obtain an occupancy permit 25 issued by the county. Such permit may be valid for the 26 duration of the occupancy or for a specified period of time, 27 and shall be valid only with respect to the occupant to which 28 it is issued. 29 Within 30 days after its adoption, such resolution or 30 ordinance shall be printed in book or pamphlet form, 31 published by authority of the County Board; or it shall be 32 published at least once in a newspaper published and having 33 general circulation in the county; or if no newspaper is 34 published therein, copies shall be posted in at least 4 -3- LRB9200713MWpk 1 conspicuous places in each township or Road District. No such 2 resolution or ordinance shall take effect until 10 days after 3 it is published or posted. Where such building or camp or 4 park rules and regulations have been published previously in 5 book or pamphlet form, the resolution or ordinance may 6 provide for the adoption of such rules and regulations or 7 portions thereof, by reference thereto without further 8 printing, publication or posting, provided that not less than 9 3 copies of such rules and regulations in book or pamphlet 10 form shall have been filed, in the office of the County 11 Clerk, for use and examination by the public for at least 30 12 days prior to the adoption thereof by the County Board. 13 Beginning on the effective date of this amendatory Act of 14 the 92nd General Assembly, any county adopting a new 15 ordinance or resolution or amending an existing ordinance or 16 resolution under this Section must, 30 days before adopting 17 the ordinance, resolution, or amendment, provide a copy of 18 the ordinance, resolution, or amendment to the Illinois 19 Building Commission for publication on the Internet. 20 The violation of any rule or regulation adopted pursuant 21 to this Section shall be a petty offense. 22 All rules and regulations enacted by resolution or 23 ordinance under the provisions of this Section shall be 24 enforced by such officer of the county as may be designated 25 by resolution of the County Board. 26 No such resolution or ordinance shall be enforced if it 27 is in conflict with any law of this State or with any rule of 28 the Department of Public Health. 29 (Source: P.A. 86-962.) 30 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064) 31 Sec. 5-1064. Buildings in certain counties of less than 32 1,000,000 population. The county board in any county with a 33 population not in excess of 1,000,000 located in the area -4- LRB9200713MWpk 1 served by the Northeastern Illinois Metropolitan Area 2 Planning Commission may prescribe by resolution or ordinance 3 reasonable rules and regulations (a) governing the 4 construction and alteration of all buildings and structures 5 and parts and appurtenances thereof and governing the 6 maintenance thereof in a condition reasonably safe from the 7 hazards of fire, explosion, collapse, contagion and the 8 spread of infectious disease, but any such resolution or 9 ordinance shall be subject to any rule or regulation now or 10 hereafter adopted by the State Fire Marshal pursuant to "An 11 Act to regulate the storage, transportation, sale and use of 12 gasoline and volatile oils", approved June 28, 1919, as 13 amended, (b) for prohibiting the use for residential purposes 14 of buildings and structures already erected or moved into 15 position which do not comply with such rules and regulations, 16 and (c) for the restraint, correction and abatement of any 17 violations. However, the county shall exempt all 18 municipalities located wholly or partly within the county 19 where the municipal building code is equal to the county 20 regulation and where the local authorities are enforcing the 21 municipal building code. Such rules and regulations shall be 22 applicable throughout the county but this Section shall not 23 be construed to prevent municipalities from establishing 24 higher standards nor shall such rules and regulations apply 25 to the construction or alteration of buildings and structures 26 used or to be used for agricultural purposes and located upon 27 a tract of land which is zoned and used for agricultural 28 purposes. 29 In the adoption of rules and regulations under this 30 Section the county board shall be governed by the publication 31 and posting requirements set out in Section 5-1063. 32 Beginning on the effective date of this amendatory Act of 33 the 92nd General Assembly, any county adopting a new 34 ordinance or resolution or amending an existing ordinance or -5- LRB9200713MWpk 1 resolution under this Section must, 30 days before adopting 2 the ordinance, resolution, or amendment, provide a copy of 3 the ordinance, resolution, or amendment to the Illinois 4 Building Commission for publication on the Internet. 5 Violation of any rule or regulation adopted pursuant to 6 this Section shall be deemed a petty offense. 7 All rules and regulations enacted by resolution or 8 ordinance under the provisions of this Section shall be 9 enforced by such officer of the county as may be designated 10 by resolution of the county board. 11 (Source: P.A. 86-962.) 12 Section 15. The Illinois Municipal Code is amended by 13 adding Section 1-2-3.1 as follows: 14 (65 ILCS 5/1-2-3.1 new) 15 Sec. 1-2-3.1. Building codes. Beginning on the 16 effective date of this amendatory Act of the 92nd General 17 Assembly, any municipality adopting a new building code or 18 amending an existing building code must, 30 days before 19 adopting the code or amendment, provide a copy of the code 20 or amendment to the Illinois Building Commission for 21 publication on the Internet. 22 For the purposes of this Section, "building code" means 23 any ordinance, resolution, law, housing or building code, or 24 zoning ordinance that establishes construction, plumbing, 25 heating, electrical, fire prevention, sanitation, or other 26 health and safety standards applicable to structures in the 27 municipality.