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92_SB0754enr SB754 Enrolled 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 the 9 92nd General Assembly, a municipality with a population of 10 less than 1,000,000 or a county adopting a new building code 11 or amending an existing building code must, at least 30 days 12 before adopting the code or amendment, provide an 13 identification of the code, by title and edition, or the 14 amendment to the Commission. The Commission must identify 15 the proposed code, by the title and edition, or the amendment 16 to the public on the Internet through the State of Illinois 17 World Wide Web site. 18 The Commission may adopt any rules necessary to implement 19 this Section. 20 For the purposes of this Section, "building code" means 21 any ordinance, resolution, law, housing or building code, or 22 zoning ordinance that establishes construction related 23 activities applicable to structures in a municipality or 24 county, as the case may be. 25 Section 10. The Counties Code is amended by changing 26 Sections 5-1063 and 5-1064 as follows: 27 (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063) 28 Sec. 5-1063. Building construction, alteration and 29 maintenance. For the purpose of promoting and safeguarding SB754 Enrolled -2- LRB9200713MWpk 1 the public health, safety, comfort and welfare, a county 2 board may prescribe by resolution or ordinance reasonable 3 rules and regulations (a) governing the construction and 4 alteration of all buildings, structures and camps or parks 5 accommodating persons in house trailers, house cars, cabins 6 or tents and parts and appurtenances thereof and governing 7 the maintenance thereof in a condition reasonably safe from 8 hazards of fire, explosion, collapse, electrocution, 9 flooding, asphyxiation, contagion and the spread of 10 infectious disease, where such buildings, structures and 11 camps or parks are located outside the limits of cities, 12 villages and incorporated towns, but excluding those for 13 agricultural purposes on farms including farm residences, but 14 any such resolution or ordinance shall be subject to any rule 15 or regulation heretofore or hereafter adopted by the State 16 Fire Marshal pursuant to "An Act to regulate the storage, 17 transportation, sale and use of gasoline and volatile oils", 18 approved June 28, 1919, as amended; (b) for prohibiting the 19 use for residential purposes of buildings and structures 20 already erected or moved into position which do not comply 21 with such rules and regulations; and (c) for the restraint, 22 correction and abatement of any violations. 23 In addition, the county board may by resolution or 24 ordinance require that each occupant of an industrial or 25 commercial building located outside the limits of cities, 26 villages and incorporated towns obtain an occupancy permit 27 issued by the county. Such permit may be valid for the 28 duration of the occupancy or for a specified period of time, 29 and shall be valid only with respect to the occupant to which 30 it is issued. 31 Within 30 days after its adoption, such resolution or 32 ordinance shall be printed in book or pamphlet form, 33 published by authority of the County Board; or it shall be 34 published at least once in a newspaper published and having SB754 Enrolled -3- LRB9200713MWpk 1 general circulation in the county; or if no newspaper is 2 published therein, copies shall be posted in at least 4 3 conspicuous places in each township or Road District. No such 4 resolution or ordinance shall take effect until 10 days after 5 it is published or posted. Where such building or camp or 6 park rules and regulations have been published previously in 7 book or pamphlet form, the resolution or ordinance may 8 provide for the adoption of such rules and regulations or 9 portions thereof, by reference thereto without further 10 printing, publication or posting, provided that not less than 11 3 copies of such rules and regulations in book or pamphlet 12 form shall have been filed, in the office of the County 13 Clerk, for use and examination by the public for at least 30 14 days prior to the adoption thereof by the County Board. 15 Beginning on the effective date of this amendatory Act of 16 the 92nd General Assembly, any county adopting a new building 17 code or amending an existing building code under this Section 18 must, at least 30 days before adopting the building code or 19 amendment, provide an identification of the building code, by 20 title and edition, or the amendment to the Illinois Building 21 Commission for identification on the Internet. For the 22 purposes of this Section, "building code" means any 23 ordinance, resolution, law, housing or building code, or 24 zoning ordinance that establishes construction related 25 activities applicable to structures in the county. 26 The violation of any rule or regulation adopted pursuant 27 to this Section, except for a violation of the provisions of 28 this amendatory Act of the 92nd General Assembly and the 29 rules and regulations adopted under those provisions, shall 30 be a petty offense. 31 All rules and regulations enacted by resolution or 32 ordinance under the provisions of this Section shall be 33 enforced by such officer of the county as may be designated 34 by resolution of the County Board. SB754 Enrolled -4- LRB9200713MWpk 1 No such resolution or ordinance shall be enforced if it 2 is in conflict with any law of this State or with any rule of 3 the Department of Public Health. 4 (Source: P.A. 86-962.) 5 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064) 6 Sec. 5-1064. Buildings in certain counties of less than 7 1,000,000 population. The county board in any county with a 8 population not in excess of 1,000,000 located in the area 9 served by the Northeastern Illinois Metropolitan Area 10 Planning Commission may prescribe by resolution or ordinance 11 reasonable rules and regulations (a) governing the 12 construction and alteration of all buildings and structures 13 and parts and appurtenances thereof and governing the 14 maintenance thereof in a condition reasonably safe from the 15 hazards of fire, explosion, collapse, contagion and the 16 spread of infectious disease, but any such resolution or 17 ordinance shall be subject to any rule or regulation now or 18 hereafter adopted by the State Fire Marshal pursuant to "An 19 Act to regulate the storage, transportation, sale and use of 20 gasoline and volatile oils", approved June 28, 1919, as 21 amended, (b) for prohibiting the use for residential purposes 22 of buildings and structures already erected or moved into 23 position which do not comply with such rules and regulations, 24 and (c) for the restraint, correction and abatement of any 25 violations. However, the county shall exempt all 26 municipalities located wholly or partly within the county 27 where the municipal building code is equal to the county 28 regulation and where the local authorities are enforcing the 29 municipal building code. Such rules and regulations shall be 30 applicable throughout the county but this Section shall not 31 be construed to prevent municipalities from establishing 32 higher standards nor shall such rules and regulations apply 33 to the construction or alteration of buildings and structures SB754 Enrolled -5- LRB9200713MWpk 1 used or to be used for agricultural purposes and located upon 2 a tract of land which is zoned and used for agricultural 3 purposes. 4 In the adoption of rules and regulations under this 5 Section the county board shall be governed by the publication 6 and posting requirements set out in Section 5-1063. 7 Beginning on the effective date of this amendatory Act of 8 the 92nd General Assembly, any county adopting a new building 9 code or amending an existing building code under this Section 10 must, at least 30 days before adopting the building code or 11 amendment, provide an identification of the building code, by 12 title and edition, or the amendment to the Illinois Building 13 Commission for identification on the Internet. 14 For the purposes of this Section, "building code" means 15 any ordinance, resolution, law, housing or building code, or 16 zoning ordinance that establishes construction related 17 activities applicable to structures in the county. 18 Violation of any rule or regulation adopted pursuant to 19 this Section, except for a violation of the provisions of 20 this amendatory Act of the 92nd General Assembly and the 21 rules and regulations adopted under those provisions, shall 22 be deemed a petty offense. 23 All rules and regulations enacted by resolution or 24 ordinance under the provisions of this Section shall be 25 enforced by such officer of the county as may be designated 26 by resolution of the county board. 27 (Source: P.A. 86-962.) 28 Section 15. The Illinois Municipal Code is amended by 29 adding Section 1-2-3.1 as follows: 30 (65 ILCS 5/1-2-3.1 new) 31 Sec. 1-2-3.1. Building codes. Beginning on the 32 effective date of this amendatory Act of the 92nd General SB754 Enrolled -6- LRB9200713MWpk 1 Assembly, any municipality with a population of less than 2 1,000,000 adopting a new building code or amending an 3 existing building code must, at least 30 days before adopting 4 the code or amendment, provide an identification of the code, 5 by title and edition, or the amendment to the Illinois 6 Building Commission for identification on the Internet. 7 For the purposes of this Section, "building code" means 8 any ordinance, resolution, law, housing or building code, or 9 zoning ordinance that establishes construction related 10 activities applicable to structures in the municipality. 11 Section 99. Effective date. This Act takes effect on 12 July 1, 2002.