State of Illinois
92nd General Assembly
Legislation

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92_SB0754eng

 
SB754 Engrossed                                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.  Identification   of   local  building  codes.
 8    Beginning on the effective date of this   amendatory  Act  of
 9    the   92nd  General  Assembly,  any  municipality  or  county
10    adopting a new    building  code  or   amending  an  existing
11    building code must, at least 30 days before adopting the code
12    or    amendment,  provide  an  identification  of the code or
13    amendment to the Commission.  The Commission   must  identify
14    the  proposed code or amendment to the public on the Internet
15    through the State of Illinois World  Wide Web site.
16        The Commission may adopt any rules necessary to implement
17    this Section.
18        For the purposes of this Section, "building  code"  means
19    any ordinance, resolution, law,  housing or building code, or
20    zoning   ordinance   that  establishes  construction  related
21    activities applicable to structures   in  a  municipality  or
22    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
 
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 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
 
SB754 Engrossed             -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    building code or amending an  existing  building  code  under
16    this  Section  must,  at  least  30  days before adopting the
17    building code or amendment, provide an identification of  the
18    building   code   or   amendment  to  the  Illinois  Building
19    Commission  for  identification  on  the  Internet.  For  the
20    purposes  of  this  Section,  "building   code"   means   any
21    ordinance,  resolution,  law,  housing  or  building code, or
22    zoning  ordinance  that  establishes   construction   related
23    activities applicable to structures in the county.
24        The  violation of any rule or regulation adopted pursuant
25    to this Section shall be a petty offense.
26        All  rules  and  regulations  enacted  by  resolution  or
27    ordinance under the  provisions  of  this  Section  shall  be
28    enforced  by  such officer of the county as may be designated
29    by resolution of the County Board.
30        No such resolution or ordinance shall be enforced  if  it
31    is in conflict with any law of this State or with any rule of
32    the Department of Public Health.
33    (Source: P.A. 86-962.)
 
SB754 Engrossed             -4-                LRB9200713MWpk
 1        (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
 2        Sec.  5-1064.  Buildings in certain counties of less than
 3    1,000,000 population. The county board in any county  with  a
 4    population  not  in  excess  of 1,000,000 located in the area
 5    served  by  the  Northeastern  Illinois   Metropolitan   Area
 6    Planning  Commission may prescribe by resolution or ordinance
 7    reasonable  rules   and   regulations   (a)   governing   the
 8    construction  and  alteration of all buildings and structures
 9    and  parts  and  appurtenances  thereof  and  governing   the
10    maintenance  thereof  in a condition reasonably safe from the
11    hazards of  fire,  explosion,  collapse,  contagion  and  the
12    spread  of  infectious  disease,  but  any such resolution or
13    ordinance shall be subject to any rule or regulation  now  or
14    hereafter  adopted  by the State Fire Marshal pursuant to "An
15    Act to regulate the storage, transportation, sale and use  of
16    gasoline  and  volatile  oils",  approved  June  28, 1919, as
17    amended, (b) for prohibiting the use for residential purposes
18    of buildings and structures already  erected  or  moved  into
19    position which do not comply with such rules and regulations,
20    and  (c)  for  the restraint, correction and abatement of any
21    violations.   However,   the   county   shall   exempt    all
22    municipalities  located  wholly  or  partly within the county
23    where the municipal building code  is  equal  to  the  county
24    regulation  and where the local authorities are enforcing the
25    municipal building code. Such rules and regulations shall  be
26    applicable  throughout  the county but this Section shall not
27    be construed  to  prevent  municipalities  from  establishing
28    higher  standards  nor shall such rules and regulations apply
29    to the construction or alteration of buildings and structures
30    used or to be used for agricultural purposes and located upon
31    a tract of land which is  zoned  and  used  for  agricultural
32    purposes.
33        In  the  adoption  of  rules  and  regulations under this
34    Section the county board shall be governed by the publication
 
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 1    and posting requirements set out in Section 5-1063.
 2        Beginning on the effective date of this amendatory Act of
 3    the 92nd  General  Assembly,    any  county  adopting  a  new
 4    building  code  or  amending  an existing building code under
 5    this Section must, at  least  30  days  before  adopting  the
 6    building  code or amendment, provide an identification of the
 7    building  code  or  amendment  to   the   Illinois   Building
 8    Commission for identification on the Internet.
 9        For  the  purposes of this Section, "building code" means
10    any ordinance, resolution, law, housing or building code,  or
11    zoning   ordinance   that  establishes  construction  related
12    activities applicable to structures in the county.
13        Violation of any rule or regulation adopted  pursuant  to
14    this Section shall be deemed a petty offense.
15        All  rules  and  regulations  enacted  by  resolution  or
16    ordinance  under  the  provisions  of  this  Section shall be
17    enforced by such officer of the county as may  be  designated
18    by resolution of the county board.
19    (Source: P.A. 86-962.)

20        Section  15.  The  Illinois  Municipal Code is amended by
21    adding Section 1-2-3.1 as  follows:

22        (65 ILCS 5/1-2-3.1 new)
23        Sec.  1-2-3.1.  Building   codes.    Beginning   on   the
24    effective  date  of  this amendatory Act of  the 92nd General
25    Assembly, any municipality adopting a new  building  code  or
26    amending  an    existing building code must, at least 30 days
27    before  adopting  the   code   or   amendment,   provide   an
28    identification  of    the  code  or amendment to the Illinois
29    Building Commission for identification on the Internet.
30        For the purposes of this Section, "building  code"  means
31    any ordinance, resolution, law,  housing or building code, or
32    zoning   ordinance   that  establishes  construction  related
 
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 1    activities applicable to structures  in the municipality.

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