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92_SB1545enr SB1545 Enrolled LRB9211370NTpk 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 2-3.12 and 3-14.20 as follows: 6 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12) 7 Sec. 2-3.12. School building code. To prepare for school 8 boards with the advice of the Department of Public Health, 9 the Capital Development Board, and the State Fire Marshal a 10 school building code that will conserve the health and safety 11 and general welfare of the pupils and school personnel and 12 others who use public school facilities. 13 The document known as "Efficient and Adequate Standards 14 for the Construction of Schools" applies only to temporary 15 school facilities, new school buildings, and additions to 16 existing schools whose construction contracts are awarded 17 after July 1, 1965. On or before July 1, 1967, each school 18 board shall have its school district buildings that were 19 constructed prior to January 1, 1955, surveyed by an 20 architect or engineer licensed in the State of Illinois as to 21 minimum standards necessary to conserve the health and safety 22 of the pupils enrolled in the school buildings of the 23 district. Buildings constructed between January 1, 1955 and 24 July 1, 1965, not owned by the State of Illinois, shall be 25 surveyed by an architect or engineer licensed in the State of 26 Illinois beginning 10 years after acceptance of the completed 27 building by the school board. Buildings constructed between 28 January 1, 1955 and July 1, 1955 and previously exempt under 29 the provisions of Section 35-27 shall be surveyed prior to 30 July 1, 1977 by an architect or engineer licensed in the 31 State of Illinois. The architect or engineer, using the SB1545 Enrolled -2- LRB9211370NTpk 1 document known as "Building Specifications for Health and 2 Safety in Public Schools" as a guide, shall make a report of 3 the findings of the survey to the school board, giving 4 priority in that report to fire safety problems and 5 recommendations thereon if any such problems exist. The 6 school board of each district so surveyed and receiving a 7 report of needed recommendations to be made to improve 8 standards of safety and health of the pupils enrolled has 9 until July 1, 1970, or in case of buildings not owned by the 10 State of Illinois and completed between January 1, 1955 and 11 July 1, 1965 or in the case of buildings previously exempt 12 under the provisions of Section 35-27 has a period of 3 years 13 after the survey is commenced, to effectuate those 14 recommendations, giving first attention to the 15 recommendations in the survey report having priority status, 16 and is authorized to levy the tax provided for in Section 17 17-2.11, according to the provisions of that Section, to make 18 such improvements. School boards unable to effectuate those 19 recommendations prior to July 1, 1970, on July 1, 1980 in the 20 case of buildings previously exempt under the provisions of 21 Section 35-27, may petition the State Superintendent of 22 Education upon the recommendation of the Regional 23 Superintendent for an extension of time. The extension of 24 time may be granted by the State Superintendent of Education 25 for a period of one year, but may be extended from year to 26 year provided substantial progress, in the opinion of the 27 State Superintendent of Education, is being made toward 28 compliance. However, for fire protection issues, only one 29 one-year extension may be made, and no other provision of 30 this Code or an applicable code may supersede this 31 requirement. For routine inspections, fire officials shall 32 provide written notice to the principal of the school to 33 schedule a mutually agreed upon time for the fire safety 34 check. However, no more than 2 routine inspections may be SB1545 Enrolled -3- LRB9211370NTpk 1 made in a calendar year. 2 Within 2 years after the effective date of this 3 amendatory Act of 1983, and every 10 years thereafter, or at 4 such other times as the State Board of Education deems 5 necessary or the regional superintendent so orders, each 6 school board subject to the provisions of this Section shall 7 again survey its school buildings and effectuate any 8 recommendations in accordance with the procedures set forth 9 herein. An architect or engineer licensed in the State of 10 Illinois is required to conduct the surveys under the 11 provisions of this Section and shall make a report of the 12 findings of the survey titled "safety survey report" to the 13 school board. The school board shall approve the safety 14 survey report, including any recommendations to effectuate 15 compliance with the code, and submit it to the Regional 16 Superintendent. The Regional Superintendent shall render a 17 decision regarding approval or denial and submit the safety 18 survey report to the State Superintendent of Education. The 19 State Superintendent of Education shall approve or deny the 20 report including recommendations to effectuate compliance 21 with the code and, if approved, issue a certificate of 22 approval. Upon receipt of the certificate of approval, the 23 Regional Superintendent shall issue an order to effect any 24 approved recommendations included in the report. Items in 25 the report shall be prioritized. Urgent items shall be 26 considered as those items related to life safety problems 27 that present an immediate hazard to the safety of students. 28 Required items shall be considered as those items that are 29 necessary for a safe environment but present less of an 30 immediate hazard to the safety of students. Urgent and 31 required items shall reference a specific rule in the code 32 authorized by this Section that is currently being violated 33 or will be violated within the next 12 months if the 34 violation is not remedied. The school board of each district SB1545 Enrolled -4- LRB9211370NTpk 1 so surveyed and receiving a report of needed recommendations 2 to be made to maintain standards of safety and health of the 3 pupils enrolled shall effectuate the correction of urgent 4 items as soon as achievable to ensure the safety of the 5 students, but in no case more than one year after the date of 6 the State Superintendent of Education's approval of the 7 recommendation. Required items shall be corrected in a 8 timely manner, but in no case more than 5 years from the date 9 of the State Superintendent of Education's approval of the 10 recommendation. Once each year the school board shall submit 11 a report of progress on completion of any recommendations to 12 effectuate compliance with the code. For each year that the 13 school board does not effectuate any or all approved 14 recommendations, it shall petition the Regional 15 Superintendent and the State Superintendent of Education 16 detailing what work was completed in the previous year and a 17 work plan for completion of the remaining work. If in the 18 judgement of the Regional Superintendent and the State 19 Superintendent of Education substantial progress has been 20 made and just cause has been shown by the school board, the 21 petition for a one year extension of time may be approved. 22 As soon as practicable, but not later than 2 years after 23 the effective date of this amendatory Act of 1992, the State 24 Board of Education shall combine the document known as 25 "Efficient and Adequate Standards for the Construction of 26 Schools" with the document known as "Building Specifications 27 for Health and Safety in Public Schools" together with any 28 modifications or additions that may be deemed necessary. The 29 combined document shall be known as the "Health/Life Safety 30 Code for Public Schools" and shall be the governing code for 31 all facilities that house public school students or are 32 otherwise used for public school purposes, whether such 33 facilities are permanent or temporary and whether they are 34 owned, leased, rented, or otherwise used by the district. SB1545 Enrolled -5- LRB9211370NTpk 1 Facilities owned by a school district but that are not used 2 to house public school students or are not used for public 3 school purposes shall be governed by separate provisions 4 within the code authorized by this Section. 5 The 10 year survey cycle specified in this Section shall 6 continue to apply based upon the standards contained in the 7 "Health/Life Safety Code for Public Schools", which shall 8 specify building standards for buildings that are constructed 9 prior to the effective date of this amendatory Act of 1992 10 and for buildings that are constructed after that date. 11 The "Health/Life Safety Code for Public Schools" shall be 12 the governing code for public schools; however, the 13 provisions of this Section shall not preclude inspection of 14 school premises and buildings pursuant to Section 9 of the 15 Fire Investigation Act, provided that the provisions of the 16 "Health/Life Safety Code for Public Schools", or such 17 predecessor document authorized by this Section as may be 18 applicable are used, and provided that those inspections are 19 coordinated with the Regional Superintendent having 20 jurisdiction over the public school facility. Nothing in 21 this Section shall be construed to prohibit a local fire 22 department, fire protection district, or the Office of the 23 State Fire Marshal from conducting a fire safety check in a 24 public school. Upon being notified by a fire official that 25 corrective action must be taken to resolve a violation, the 26 school board shall take corrective action within one year. 27 However, violations that present imminent danger must be 28 addressed immediately. 29 Any agency having jurisdiction beyond the scope of the 30 applicable document authorized by this Section may issue a 31 lawful order to a school board to effectuate recommendations, 32 and the school board receiving the order shall certify to the 33 Regional Superintendent and the State Superintendent of 34 Education when it has complied with the order. SB1545 Enrolled -6- LRB9211370NTpk 1 The State Board of Education is authorized to adopt any 2 rules that are necessary relating to the administration and 3 enforcement of the provisions of this Section. The code 4 authorized by this Section shall apply only to those school 5 districts having a population of less than 500,000 6 inhabitants. 7 (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.) 8 (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20) 9 Sec. 3-14.20. Building plans and specifications. To 10 inspect the building plans and specifications, including but 11 not limited to plans and specifications for the heating, 12 ventilating, lighting, seating, water supply, toilets and 13 safety against fire of public school rooms and buildings 14 submitted to him by school boards, and to approve all those 15 which comply substantially with the building code authorized 16 in Section 2-3.12. The local fire department or fire 17 protection district where the school is being constructed or 18 altered may request a review of the plans and specifications. 19 The regional superintendent of schools shall submit a copy of 20 the plans and specifications within 10 business days after 21 the request. The fire department or fire protection district 22 may comment on the plans and specifications based on the 23 building code authorized in Section 2-3.12 of the Code and, 24 if any corrective action must be taken, shall respond to the 25 regional superintendent of schools within 15 days after 26 receipt of the plans and specifications. The Office of the 27 State Fire Marshal may review the plans and specifications at 28 the request of the fire department or fire protection 29 district. The review must be conducted at no cost to the 30 school district. 31 If such plans and specifications are not approved or 32 denied approval by the regional superintendent of schools 33 within 3 months after the date on which they are submitted to SB1545 Enrolled -7- LRB9211370NTpk 1 him or her, the school board may submit such plans and 2 specifications directly to the State Superintendent of 3 Education for approval or denial. 4 (Source: P.A. 86-1312; 87-984.)