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92_SB0754sam001 LRB9200713MWpkam 1 AMENDMENT TO SENATE BILL 754 2 AMENDMENT NO. . Amend Senate Bill 754 by replacing 3 everything after the enacting clause with the following: 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. -2- LRB9200713MWpkam 1 Section 10. The Counties Code is amended by changing 2 Sections 5-1063 and 5-1064 as follows: 3 (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063) 4 Sec. 5-1063. Building construction, alteration and 5 maintenance. For the purpose of promoting and safeguarding 6 the public health, safety, comfort and welfare, a county 7 board may prescribe by resolution or ordinance reasonable 8 rules and regulations (a) governing the construction and 9 alteration of all buildings, structures and camps or parks 10 accommodating persons in house trailers, house cars, cabins 11 or tents and parts and appurtenances thereof and governing 12 the maintenance thereof in a condition reasonably safe from 13 hazards of fire, explosion, collapse, electrocution, 14 flooding, asphyxiation, contagion and the spread of 15 infectious disease, where such buildings, structures and 16 camps or parks are located outside the limits of cities, 17 villages and incorporated towns, but excluding those for 18 agricultural purposes on farms including farm residences, but 19 any such resolution or ordinance shall be subject to any rule 20 or regulation heretofore or hereafter adopted by the State 21 Fire Marshal pursuant to "An Act to regulate the storage, 22 transportation, sale and use of gasoline and volatile oils", 23 approved June 28, 1919, as amended; (b) for prohibiting the 24 use for residential purposes of buildings and structures 25 already erected or moved into position which do not comply 26 with such rules and regulations; and (c) for the restraint, 27 correction and abatement of any violations. 28 In addition, the county board may by resolution or 29 ordinance require that each occupant of an industrial or 30 commercial building located outside the limits of cities, 31 villages and incorporated towns obtain an occupancy permit 32 issued by the county. Such permit may be valid for the 33 duration of the occupancy or for a specified period of time, -3- LRB9200713MWpkam 1 and shall be valid only with respect to the occupant to which 2 it is issued. 3 Within 30 days after its adoption, such resolution or 4 ordinance shall be printed in book or pamphlet form, 5 published by authority of the County Board; or it shall be 6 published at least once in a newspaper published and having 7 general circulation in the county; or if no newspaper is 8 published therein, copies shall be posted in at least 4 9 conspicuous places in each township or Road District. No such 10 resolution or ordinance shall take effect until 10 days after 11 it is published or posted. Where such building or camp or 12 park rules and regulations have been published previously in 13 book or pamphlet form, the resolution or ordinance may 14 provide for the adoption of such rules and regulations or 15 portions thereof, by reference thereto without further 16 printing, publication or posting, provided that not less than 17 3 copies of such rules and regulations in book or pamphlet 18 form shall have been filed, in the office of the County 19 Clerk, for use and examination by the public for at least 30 20 days prior to the adoption thereof by the County Board. 21 Beginning on the effective date of this amendatory Act of 22 the 92nd General Assembly, any county adopting a new 23 building code or amending an existing building code under 24 this Section must, at least 30 days before adopting the 25 building code or amendment, provide an identification of the 26 building code or amendment to the Illinois Building 27 Commission for identification on the Internet. For the 28 purposes of this Section, "building code" means any 29 ordinance, resolution, law, housing or building code, or 30 zoning ordinance that establishes construction related 31 activities applicable to structures in the county. 32 The violation of any rule or regulation adopted pursuant 33 to this Section shall be a petty offense. 34 All rules and regulations enacted by resolution or -4- LRB9200713MWpkam 1 ordinance under the provisions of this Section shall be 2 enforced by such officer of the county as may be designated 3 by resolution of the County Board. 4 No such resolution or ordinance shall be enforced if it 5 is in conflict with any law of this State or with any rule of 6 the Department of Public Health. 7 (Source: P.A. 86-962.) 8 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064) 9 Sec. 5-1064. Buildings in certain counties of less than 10 1,000,000 population. The county board in any county with a 11 population not in excess of 1,000,000 located in the area 12 served by the Northeastern Illinois Metropolitan Area 13 Planning Commission may prescribe by resolution or ordinance 14 reasonable rules and regulations (a) governing the 15 construction and alteration of all buildings and structures 16 and parts and appurtenances thereof and governing the 17 maintenance thereof in a condition reasonably safe from the 18 hazards of fire, explosion, collapse, contagion and the 19 spread of infectious disease, but any such resolution or 20 ordinance shall be subject to any rule or regulation now or 21 hereafter adopted by the State Fire Marshal pursuant to "An 22 Act to regulate the storage, transportation, sale and use of 23 gasoline and volatile oils", approved June 28, 1919, as 24 amended, (b) for prohibiting the use for residential purposes 25 of buildings and structures already erected or moved into 26 position which do not comply with such rules and regulations, 27 and (c) for the restraint, correction and abatement of any 28 violations. However, the county shall exempt all 29 municipalities located wholly or partly within the county 30 where the municipal building code is equal to the county 31 regulation and where the local authorities are enforcing the 32 municipal building code. Such rules and regulations shall be 33 applicable throughout the county but this Section shall not -5- LRB9200713MWpkam 1 be construed to prevent municipalities from establishing 2 higher standards nor shall such rules and regulations apply 3 to the construction or alteration of buildings and structures 4 used or to be used for agricultural purposes and located upon 5 a tract of land which is zoned and used for agricultural 6 purposes. 7 In the adoption of rules and regulations under this 8 Section the county board shall be governed by the publication 9 and posting requirements set out in Section 5-1063. 10 Beginning on the effective date of this amendatory Act of 11 the 92nd General Assembly, any county adopting a new 12 building code or amending an existing building code under 13 this Section must, at least 30 days before adopting the 14 building code or amendment, provide an identification of the 15 building code or amendment to the Illinois Building 16 Commission for identification on the Internet. 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 related 20 activities applicable to structures in the county. 21 Violation of any rule or regulation adopted pursuant to 22 this Section shall 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 -6- LRB9200713MWpkam 1 Assembly, any municipality adopting a new building code or 2 amending an existing building code must, at least 30 days 3 before adopting the code or amendment, provide an 4 identification of the code or amendment to the Illinois 5 Building Commission for identification on the Internet. 6 For the purposes of this Section, "building code" means 7 any ordinance, resolution, law, housing or building code, or 8 zoning ordinance that establishes construction related 9 activities applicable to structures in the municipality. 10 Amends the Illinois Building Commission Act. Requires 11 any municipality or county adopting a new building code or 12 amending an existing building code to provide a copy of the 13 code or amendment to the Illinois Building Commission 30 days 14 before adopting the code or amendment. Requires the 15 Commission to publish the proposed codes and amendments on 16 the Internet. Amends the Counties Code and the Illinois 17 Municipal Code to make conforming changes.".