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92_SB0754ham002 LRB9200713MWpkam03 1 AMENDMENT TO SENATE BILL 754 2 AMENDMENT NO. . Amend Senate Bill 754, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT in relation to building codes."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Illinois Building Commission Act is 8 amended by adding Section 55 as follows: 9 (20 ILCS 3918/55 new) 10 Sec. 55. Identification of local building codes. 11 Beginning on the effective date of this amendatory Act of 12 the 92nd General Assembly, a municipality with a population 13 of less than 1,000,000 or a county adopting a new building 14 code or amending an existing building code must, at least 30 15 days before adopting the code or amendment, provide an 16 identification of the code, by title and edition, or the 17 amendment to the Commission. The Commission must identify 18 the proposed code, by the title and edition, or the amendment 19 to the public on the Internet through the State of Illinois 20 World Wide Web site. 21 The Commission may adopt any rules necessary to implement -2- LRB9200713MWpkam03 1 this Section. 2 For the purposes of this Section, "building code" means 3 any ordinance, resolution, law, housing or building code, or 4 zoning ordinance that establishes construction related 5 activities applicable to structures in a municipality or 6 county, as the case may be. 7 Section 10. The Counties Code is amended by changing 8 Sections 5-1063 and 5-1064 as follows: 9 (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063) 10 Sec. 5-1063. Building construction, alteration and 11 maintenance. For the purpose of promoting and safeguarding 12 the public health, safety, comfort and welfare, a county 13 board may prescribe by resolution or ordinance reasonable 14 rules and regulations (a) governing the construction and 15 alteration of all buildings, structures and camps or parks 16 accommodating persons in house trailers, house cars, cabins 17 or tents and parts and appurtenances thereof and governing 18 the maintenance thereof in a condition reasonably safe from 19 hazards of fire, explosion, collapse, electrocution, 20 flooding, asphyxiation, contagion and the spread of 21 infectious disease, where such buildings, structures and 22 camps or parks are located outside the limits of cities, 23 villages and incorporated towns, but excluding those for 24 agricultural purposes on farms including farm residences, but 25 any such resolution or ordinance shall be subject to any rule 26 or regulation heretofore or hereafter adopted by the State 27 Fire Marshal pursuant to "An Act to regulate the storage, 28 transportation, sale and use of gasoline and volatile oils", 29 approved June 28, 1919, as amended; (b) for prohibiting the 30 use for residential purposes of buildings and structures 31 already erected or moved into position which do not comply 32 with such rules and regulations; and (c) for the restraint, -3- LRB9200713MWpkam03 1 correction and abatement of any violations. 2 In addition, the county board may by resolution or 3 ordinance require that each occupant of an industrial or 4 commercial building located outside the limits of cities, 5 villages and incorporated towns obtain an occupancy permit 6 issued by the county. Such permit may be valid for the 7 duration of the occupancy or for a specified period of time, 8 and shall be valid only with respect to the occupant to which 9 it is issued. 10 Within 30 days after its adoption, such resolution or 11 ordinance shall be printed in book or pamphlet form, 12 published by authority of the County Board; or it shall be 13 published at least once in a newspaper published and having 14 general circulation in the county; or if no newspaper is 15 published therein, copies shall be posted in at least 4 16 conspicuous places in each township or Road District. No such 17 resolution or ordinance shall take effect until 10 days after 18 it is published or posted. Where such building or camp or 19 park rules and regulations have been published previously in 20 book or pamphlet form, the resolution or ordinance may 21 provide for the adoption of such rules and regulations or 22 portions thereof, by reference thereto without further 23 printing, publication or posting, provided that not less than 24 3 copies of such rules and regulations in book or pamphlet 25 form shall have been filed, in the office of the County 26 Clerk, for use and examination by the public for at least 30 27 days prior to the adoption thereof by the County Board. 28 Beginning on the effective date of this amendatory Act of 29 the 92nd General Assembly, any county adopting a new 30 building code or amending an existing building code under 31 this Section must, at least 30 days before adopting the 32 building code or amendment, provide an identification of the 33 building code, by title and edition, or the amendment to the 34 Illinois Building Commission for identification on the -4- LRB9200713MWpkam03 1 Internet. For the purposes of this Section, "building code" 2 means any ordinance, resolution, law, housing or building 3 code, or zoning ordinance that establishes construction 4 related activities applicable to structures in the county. 5 The violation of any rule or regulation adopted pursuant 6 to this Section, except for a violation of the provisions of 7 this amendatory Act of the 92nd General Assembly and the 8 rules and regulations adopted under those provisions, shall 9 be a petty offense. 10 All rules and regulations enacted by resolution or 11 ordinance under the provisions of this Section shall be 12 enforced by such officer of the county as may be designated 13 by resolution of the County Board. 14 No such resolution or ordinance shall be enforced if it 15 is in conflict with any law of this State or with any rule of 16 the Department of Public Health. 17 (Source: P.A. 86-962.) 18 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064) 19 Sec. 5-1064. Buildings in certain counties of less than 20 1,000,000 population. The county board in any county with a 21 population not in excess of 1,000,000 located in the area 22 served by the Northeastern Illinois Metropolitan Area 23 Planning Commission may prescribe by resolution or ordinance 24 reasonable rules and regulations (a) governing the 25 construction and alteration of all buildings and structures 26 and parts and appurtenances thereof and governing the 27 maintenance thereof in a condition reasonably safe from the 28 hazards of fire, explosion, collapse, contagion and the 29 spread of infectious disease, but any such resolution or 30 ordinance shall be subject to any rule or regulation now or 31 hereafter adopted by the State Fire Marshal pursuant to "An 32 Act to regulate the storage, transportation, sale and use of 33 gasoline and volatile oils", approved June 28, 1919, as -5- LRB9200713MWpkam03 1 amended, (b) for prohibiting the use for residential purposes 2 of buildings and structures already erected or moved into 3 position which do not comply with such rules and regulations, 4 and (c) for the restraint, correction and abatement of any 5 violations. However, the county shall exempt all 6 municipalities located wholly or partly within the county 7 where the municipal building code is equal to the county 8 regulation and where the local authorities are enforcing the 9 municipal building code. Such rules and regulations shall be 10 applicable throughout the county but this Section shall not 11 be construed to prevent municipalities from establishing 12 higher standards nor shall such rules and regulations apply 13 to the construction or alteration of buildings and structures 14 used or to be used for agricultural purposes and located upon 15 a tract of land which is zoned and used for agricultural 16 purposes. 17 In the adoption of rules and regulations under this 18 Section the county board shall be governed by the publication 19 and posting requirements set out in Section 5-1063. 20 Beginning on the effective date of this amendatory Act of 21 the 92nd General Assembly, any county adopting a new 22 building code or amending an existing building code under 23 this Section must, at least 30 days before adopting the 24 building code or amendment, provide an identification of the 25 building code, by title and edition, or the amendment to the 26 Illinois Building Commission for identification on the 27 Internet. 28 For the purposes of this Section, "building code" means 29 any ordinance, resolution, law, housing or building code, or 30 zoning ordinance that establishes construction related 31 activities applicable to structures in the county. 32 Violation of any rule or regulation adopted pursuant to 33 this Section, except for a violation of the provisions of 34 this amendatory Act of the 92nd General Assembly and the -6- LRB9200713MWpkam03 1 rules and regulations adopted under those provisions, shall 2 be deemed a petty offense. 3 All rules and regulations enacted by resolution or 4 ordinance under the provisions of this Section shall be 5 enforced by such officer of the county as may be designated 6 by resolution of the county board. 7 (Source: P.A. 86-962.) 8 Section 15. The Illinois Municipal Code is amended by 9 adding Section 1-2-3.1 as follows: 10 (65 ILCS 5/1-2-3.1 new) 11 Sec. 1-2-3.1. Building codes. Beginning on the 12 effective date of this amendatory Act of the 92nd General 13 Assembly, any municipality with a population of less than 14 1,000,000 adopting a new building code or amending an 15 existing building code must, at least 30 days before adopting 16 the code or amendment, provide an identification of the 17 code, by title and edition, or the amendment to the Illinois 18 Building Commission for identification on the Internet. 19 For the purposes of this Section, "building code" means 20 any ordinance, resolution, law, housing or building code, or 21 zoning ordinance that establishes construction related 22 activities applicable to structures in the municipality. 23 Section 99. Effective date. This Act takes effect on 24 July 1, 2002.".