Bill Text: IL SB0138 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Capital Development Board Act. Requires local governments without building codes to adopt building codes based on specified model codes. Requires that persons performing building inspection services under the Act must be qualified by the State, certified by a certification organization, or have filed verification of inspection experience with the Board. Permits a local government to out-source building inspection. Defines a local government as a municipality, county, or fire protection district. Exempts municipalities over 500,000 population, and applies beginning July 1, 2011, except that a local government must provide notice to the Board of its adopted building code within 60 days after the bill's effective date.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0704 [SB0138 Detail]

Download: Illinois-2009-SB0138-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Capital Development Board Act is amended by
adding Section 10.09-1 as follows:
(20 ILCS 3105/10.09-1 new)
Sec. 10.09-1. Adoption of building code; enforcement.
(a) After July 1, 2011, no person may occupy a newly
constructed commercial building in a non-building code
jurisdiction until:
(1) The property owner or his or her agent has first
contracted for the inspection of the building by an
inspector who meets the qualifications established by the
Board; and
(2) The qualified inspector files a certification of
inspection with the municipality or county having such
jurisdiction over the property indicating that the
building meets compliance with the building codes adopted
by the Board for non-building code jurisdictions based on
the following:
(A) The 2006 or later editions of the following
codes developed by the International Code Council:
(i) International Building Code;

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(ii) International Existing Building Code; and
(iii) International Property Maintenance Code.
(B) The 2008 or later edition of the National
Electrical Code NFPA 70.
(b) This Section does not apply to any area in a
municipality or county having jurisdiction that has registered
its adopted building code with the Board as required by Section
55 of the Illinois Building Commission Act.
(c) The qualification requirements of this Section do not
apply to building enforcement personnel employed by
jurisdictions as defined in subsection (b).
(d) For purposes of this Section:
"Commercial building" means any building other than a
single-family home or a dwelling containing 2 or fewer
apartments, condominiums, or townhomes or a farm building as
exempted from Section 3 of the Illinois Architecture Practice
Act.
"Newly constructed commercial building" means any
commercial building for which original construction has
commenced on or after July 1, 2011.
"Non-building code jurisdiction" means any area of the
State not subject to a building code imposed by either a county
or municipality.
"Qualified inspector" means an individual qualified by the
State of Illinois, certified by a nationally recognized
building official certification organization, qualified by an

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apprentice program certified by the Bureau of Apprentice
Training, or who has filed verification of inspection
experience according to rules adopted by the Board for the
purposes of conducting inspections in non-building code
jurisdictions.
(e) New residential construction is exempt from this
Section and is defined as any original construction of a
single-family home or a dwelling containing 2 or fewer
apartments, condominiums, or townhomes in accordance with the
Illinois Residential Building Code Act.
(f) Local governments may establish agreements with other
governmental entities within the State to issue permits and
enforce building codes and may hire third-party providers that
are qualified in accordance with this Section to provide
inspection services.
(g) This Section does not regulate any other statutorily
authorized code or regulation administered by State agencies.
These include without limitation the Illinois Plumbing Code,
the Illinois Environmental Barriers Act, the International
Energy Conservation Code, and administrative rules adopted by
the Office of the State Fire Marshal.
(h) This Section applies beginning July 1, 2011.
Section 10. The Illinois Building Commission Act is amended
by changing Section 55 as follows:

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(20 ILCS 3918/55)
Sec. 55. Identification of local building codes. Beginning
on the effective date of this amendatory Act of the 92nd
General Assembly, a municipality with a population of less than
1,000,000 or a county adopting a new building code or amending
an existing building code must, at least 30 days before
adopting the code or amendment, provide an identification of
the code, by title and edition, or the amendment to the
Commission. The Commission must identify the proposed code, by
the title and edition, or the amendment to the public on the
Internet through the State of Illinois World Wide Web site.
A municipality with a population of less than 1,000,000 or
county shall provide notice of the title and editions of any
adopted building codes to the Capital Development Board,
Division of Building Codes and Regulations, prior to July 1,
2011. The notice shall be electronic whenever possible and also
contain the division of government, the name of contact, and
the date of the adoption of the codes.
The Commission may adopt any rules necessary to implement
this Section.
For the purposes of this Section, "building code" means any
municipal or county ordinance or resolution regulating the
construction and maintenance of all structures within the
municipality or county ordinance, resolution, law, housing or
building code, or zoning ordinance that establishes
construction related activities applicable to structures in a

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municipality or county, as the case may be.
(Source: P.A. 92-489, eff. 7-1-02.)