Bill Text: IL SB2368 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Capital Development Board Act. In provisions about occupying a newly constructed commercial building in a non-building code jurisdiction, modifies the standards by which a qualified inspector must file a certification of inspection with a municipality. Provides that, once a building permit is issued or construction begins when no building permit is needed, the code in effect on January 1 of that calendar year applies for the duration of the permit or construction. Modifies provisions limiting applicability, modifies definitions, and makes other changes. Modifies how municipalities with a population of less than 1,000,000 and all counties must identify local building codes. Amends the Illinois Residential Building Code Act to make conforming changes.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0510 [SB2368 Detail]
Download: Illinois-2023-SB2368-Enrolled.html
Bill Title: Amends the Capital Development Board Act. In provisions about occupying a newly constructed commercial building in a non-building code jurisdiction, modifies the standards by which a qualified inspector must file a certification of inspection with a municipality. Provides that, once a building permit is issued or construction begins when no building permit is needed, the code in effect on January 1 of that calendar year applies for the duration of the permit or construction. Modifies provisions limiting applicability, modifies definitions, and makes other changes. Modifies how municipalities with a population of less than 1,000,000 and all counties must identify local building codes. Amends the Illinois Residential Building Code Act to make conforming changes.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0510 [SB2368 Detail]
Download: Illinois-2023-SB2368-Enrolled.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Capital Development Board Act is amended by | ||||||
5 | changing Sections 10.09-1 and 10.18 as follows:
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6 | (20 ILCS 3105/10.09-1) | ||||||
7 | Sec. 10.09-1. Certification of inspection. | ||||||
8 | (a) No After July 1, 2011, no person may occupy a newly | ||||||
9 | constructed commercial building or a substantially improved | ||||||
10 | commercial building in a non-building code jurisdiction until: | ||||||
11 | (1) The property owner or property owner's his or her | ||||||
12 | agent has first contracted for the inspection of the | ||||||
13 | building by an inspector who meets the qualifications | ||||||
14 | established by the Board; and | ||||||
15 | (2) The qualified inspector files a certification of | ||||||
16 | inspection with the municipality or county having such | ||||||
17 | jurisdiction over the property indicating that the | ||||||
18 | building complies meets compliance with all of the | ||||||
19 | building codes adopted by the Board for non-building code | ||||||
20 | jurisdictions based on the following: | ||||||
21 | (A) to the extent they do not conflict with the | ||||||
22 | codes and rules listed in subparagraphs (C) through | ||||||
23 | (F), the The current edition or most recent preceding |
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1 | edition editions of the following codes published | ||||||
2 | developed by the International Code Council: | ||||||
3 | (i) the International Building Code , including | ||||||
4 | Appendix G and excluding Chapters 11, 13, and 29 ; | ||||||
5 | (ii) the International Existing Building Code; | ||||||
6 | and | ||||||
7 | (B) to the extent it does not conflict with the | ||||||
8 | codes and rules listed in subparagraphs (C) through | ||||||
9 | (F), the The current edition or most recent preceding | ||||||
10 | edition of the National Electrical Code NFPA 70 | ||||||
11 | published by the National Fire Protection | ||||||
12 | Association; . | ||||||
13 | (C) either: | ||||||
14 | (i) The Energy Efficient Building Code adopted | ||||||
15 | under Section 15 of the Energy Efficient Building | ||||||
16 | Act; or | ||||||
17 | (ii) The Illinois Stretch Energy Code adopted | ||||||
18 | under Section 55 of the Energy Efficient Building | ||||||
19 | Act; | ||||||
20 | (D) the Illinois Accessibility Code adopted under | ||||||
21 | Section 4 of the Environmental Barriers Act; | ||||||
22 | (E) the Illinois Plumbing Code adopted under | ||||||
23 | Section 35 of the Illinois Plumbing License Law; and | ||||||
24 | (F) the rules adopted in accordance with Section 9 | ||||||
25 | of the Fire Investigation Act. | ||||||
26 | (3) Once a building permit is issued, the applicable |
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1 | requirements that are in effect on January 1 of the | ||||||
2 | calendar year when the building permit was applied for, | ||||||
3 | or, where a building permit is not required, on January 1 | ||||||
4 | of the calendar year when construction begins, shall be | ||||||
5 | the only requirements that apply for the duration of the | ||||||
6 | building permit or construction. | ||||||
7 | (b) (Blank). This Section does not apply to any area in a | ||||||
8 | municipality or county having jurisdiction that has registered | ||||||
9 | its adopted building code with the Board as required by | ||||||
10 | Section 55 of the Illinois Building Commission Act. | ||||||
11 | (c) The qualification requirements of this Section do not | ||||||
12 | apply to building enforcement personnel employed by a | ||||||
13 | municipality or county who are acting in their official | ||||||
14 | capacity jurisdictions as defined in subsection (b) . | ||||||
15 | (d) For purposes of this Section: | ||||||
16 | "Commercial building" means any building other than : (i) a | ||||||
17 | single-family home or a dwelling containing 2 or fewer | ||||||
18 | apartments, condominiums, or townhouses; townhomes or (ii) a | ||||||
19 | farm building as exempted from Section 3 of the Illinois | ||||||
20 | Architecture Practice Act of 1989. | ||||||
21 | "Newly constructed commercial building" means any | ||||||
22 | commercial building for which original construction has | ||||||
23 | commenced on or after July 1, 2011. | ||||||
24 | "Non-building code jurisdiction" means any area of the | ||||||
25 | State in a municipality or county having jurisdiction that: | ||||||
26 | (i) has not adopted a building code; or (ii) is required to but |
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1 | has not identified its adopted building code to the Board | ||||||
2 | under Section 10.18 of the Capital Development Board Act not | ||||||
3 | subject to a building code imposed by either a county or | ||||||
4 | municipality . | ||||||
5 | "Qualified inspector" means an individual qualified by the | ||||||
6 | State of Illinois, certified as a commercial building | ||||||
7 | inspector by the International Code Council or an equivalent | ||||||
8 | by a nationally recognized building inspector official | ||||||
9 | certification organization, qualified as a construction and | ||||||
10 | building inspector by successful completion of by an | ||||||
11 | apprentice program certified by the United States Department | ||||||
12 | of Labor Bureau of Apprentice Training , or who has filed | ||||||
13 | verification of inspection experience according to rules | ||||||
14 | adopted by the Board for the purposes of conducting | ||||||
15 | inspections in non-building code jurisdictions. | ||||||
16 | "Substantial damage" means damage of any origin sustained | ||||||
17 | by a structure whereby the cost of restoring the structure to | ||||||
18 | its before-damaged condition would equal or exceed 50% of the | ||||||
19 | market value of the structure before damage occurred. | ||||||
20 | "Substantially improved commercial building" means, for | ||||||
21 | work commenced on or after January 1, 2025, any commercial | ||||||
22 | building that has undergone any repair, reconstruction, | ||||||
23 | rehabilitation, alteration, addition, or other improvement, | ||||||
24 | the cost of which equals or exceeds 50% of the market value of | ||||||
25 | the structure before the improvement or repair is started. If | ||||||
26 | a commercial building has sustained substantial damage, any |
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1 | repairs are considered substantial improvement regardless of | ||||||
2 | the actual repair work performed. "Substantially improved | ||||||
3 | commercial building" does not include: (i) any project for | ||||||
4 | improvement of a structure to correct existing violations of | ||||||
5 | State or local health, sanitary, or safety code specifications | ||||||
6 | which have been identified by the local code enforcement | ||||||
7 | official and which are the minimum necessary to assure safe | ||||||
8 | living conditions or (ii) any alteration of a historic | ||||||
9 | structure, provided that the alteration will not preclude the | ||||||
10 | structure's continued designation as a historic structure. | ||||||
11 | (e) Except as provided in Section 15 of the Illinois | ||||||
12 | Residential Building Code Act, new New residential | ||||||
13 | construction is exempt from this Section and is defined as any | ||||||
14 | original construction of a single-family home or a dwelling | ||||||
15 | containing 2 or fewer apartments,
condominiums, or townhouses | ||||||
16 | townhomes in accordance with the Illinois Residential Building | ||||||
17 | Code Act . | ||||||
18 | (f) Local governments may establish agreements with other | ||||||
19 | governmental entities within the State to issue permits and | ||||||
20 | enforce building codes and may hire third-party providers that | ||||||
21 | are qualified in accordance with this Section to provide | ||||||
22 | inspection services. | ||||||
23 | (g) This Section does not limit the applicability of | ||||||
24 | regulate any other statutorily authorized code or regulation | ||||||
25 | administered by State agencies. These include without | ||||||
26 | limitation the codes and regulations listed in subparagraphs |
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1 | (C) through (F) of paragraph (2) of subsection (a) Illinois | ||||||
2 | Plumbing Code, the Illinois Environmental Barriers Act, the | ||||||
3 | International Energy Conservation Code, and administrative | ||||||
4 | rules adopted by the Office of the State Fire Marshal . | ||||||
5 | (h) The changes to this Section made by this amendatory | ||||||
6 | Act of the 103rd General Assembly shall apply beginning on | ||||||
7 | January 1, 2025 This Section applies beginning July 1, 2011 .
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8 | (Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
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9 | (20 ILCS 3105/10.18) | ||||||
10 | Sec. 10.18. Identification of local building codes. | ||||||
11 | (a) Any municipality or county All municipalities with a | ||||||
12 | population of less than 1,000,000 or a county adopting a new | ||||||
13 | building code edition or amending an existing building code | ||||||
14 | must, at least 30 days before adopting the effective date of | ||||||
15 | the building code or amendment , identify provide an | ||||||
16 | identification of the model code being adopted , by title and | ||||||
17 | edition, and any local amendments or the amendment to the | ||||||
18 | Capital Development Board in writing . | ||||||
19 | (b) No later than 180 days after the effective date of this | ||||||
20 | amendatory Act of the 103rd General Assembly, any municipality | ||||||
21 | or county that has adopted and is enforcing a building code | ||||||
22 | must identify the adopted model code, by title and edition, | ||||||
23 | and any local amendments, to the Board in writing. | ||||||
24 | (c) For each municipality and county subject to this | ||||||
25 | Section, the The Capital Development Board must identify the |
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1 | adopted model proposed code or codes , by the title and | ||||||
2 | edition, and note if any local amendments were adopted, and | ||||||
3 | identify the date when this information was reported to the | ||||||
4 | Board made to the public on the Board's public Capital | ||||||
5 | Development Board website. | ||||||
6 | (d) For the purposes of this Section, "building code" | ||||||
7 | means a model building code adopted with or without local | ||||||
8 | amendments to regulate regulating the construction or | ||||||
9 | rehabilitation and maintenance of structures within the | ||||||
10 | municipality or county. "Building code" does not include any | ||||||
11 | zoning ordinance adopted under Division 13 of Article 11 of | ||||||
12 | the Illinois Municipal Code or Division 5-12 of Article 5 of | ||||||
13 | the Counties Code.
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14 | (e) Beginning January 1, 2025, any municipal building code | ||||||
15 | or county building code must: | ||||||
16 | (1) regulate the structural design of new buildings, | ||||||
17 | other than residential buildings, in a manner that is at | ||||||
18 | least as stringent as the baseline building code; | ||||||
19 | (2) regulate the structural design of rehabilitation | ||||||
20 | work in existing buildings, other than residential | ||||||
21 | buildings, in a manner that is at least as stringent as the | ||||||
22 | baseline existing building code; and | ||||||
23 | (3) regulate the structural design of residential | ||||||
24 | buildings in a manner that is at least as stringent as the | ||||||
25 | baseline residential code. | ||||||
26 | In this subsection: |
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1 | "Baseline building code" means the edition of the | ||||||
2 | International Building Code, including Appendix G, first | ||||||
3 | published by the International Code Council during the current | ||||||
4 | year or preceding 9 calendar years with the least restrictive | ||||||
5 | provisions for structural design. | ||||||
6 | "Baseline existing building code" means the edition of the | ||||||
7 | International Existing Building Code first published by the | ||||||
8 | International Code Council during the current year or | ||||||
9 | preceding 9 calendar years with the least restrictive | ||||||
10 | provisions for structural design. | ||||||
11 | "Baseline residential code" means the edition of the | ||||||
12 | International Residential Code for One- and Two-Family | ||||||
13 | Dwellings first published by the International Code Council | ||||||
14 | during the current year or preceding 9 calendar years with the | ||||||
15 | least restrictive provisions for structural design. | ||||||
16 | "Residential building" means a single-family home or a | ||||||
17 | dwelling containing 2 or fewer apartments, condominiums, or | ||||||
18 | townhouses. | ||||||
19 | "Structural design" means the capacity of a newly | ||||||
20 | constructed structure or altered or repaired existing | ||||||
21 | structure, including its foundation, to withstand forces, | ||||||
22 | including, but not limited to, dead loads, live loads, snow | ||||||
23 | loads, wind loads, soil loads and hydrostatic pressure, rain | ||||||
24 | loads, and earthquake loads, and to resist flood damage. | ||||||
25 | This subsection is a limitation under subsection (i) of | ||||||
26 | Section 6 of Article VII of the Illinois Constitution on the |
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1 | concurrent exercise by home rule units of powers and functions | ||||||
2 | exercised by the State. | ||||||
3 | (f) On an annual basis, the Board shall send written | ||||||
4 | notification to the corporate authorities of each municipality | ||||||
5 | and county subject to this Section of their obligations under | ||||||
6 | this Section. | ||||||
7 | (Source: P.A. 99-639, eff. 7-28-16.)
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8 | Section 10. The Illinois Residential Building
Code
Act is | ||||||
9 | amended by changing Sections 10 and 15 as follows:
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10 | (815 ILCS 670/10)
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11 | Sec. 10. Definitions. In this Act:
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12 | "International Residential Code" means the current edition | ||||||
13 | or the most recent preceding edition of the International | ||||||
14 | Residential Code for One- and Two-Family
One and Two Family | ||||||
15 | Dwellings published by the International Code Council, | ||||||
16 | excluding Parts IV and VII as
now
or hereafter amended by the | ||||||
17 | Council .
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18 | "New residential construction" means any original | ||||||
19 | construction of a
single-family home or a dwelling containing | ||||||
20 | 2 or fewer apartments,
condominiums,
or townhouses town | ||||||
21 | houses .
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22 | "Non-building code jurisdiction" means any area of the | ||||||
23 | State in a municipality or county having jurisdiction that: | ||||||
24 | (i) has not adopted a residential building code; or (ii) is |
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1 | required to but has not identified its adopted residential | ||||||
2 | building code to the Board under Section 10.18 of the Capital | ||||||
3 | Development Board Act. | ||||||
4 | "Residential building code" means a model code adopted by | ||||||
5 | a municipality or county, with or without local amendments, to | ||||||
6 | regulate the construction of an ordinance, resolution, law, | ||||||
7 | housing or
building code, or zoning ordinance that | ||||||
8 | establishes, for residential building
contractors, | ||||||
9 | construction-related
activities
applicable to single-family or | ||||||
10 | 2-family residential structures or townhouses within the | ||||||
11 | municipality or county .
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12 | Home builder "Residential building contractor" means any | ||||||
13 | individual, corporation, or
partnership that constructs a | ||||||
14 | fixed building or structure for sale or use by
another as a | ||||||
15 | residence or that, for a price, commission, fee, wage, or | ||||||
16 | other
compensation, undertakes or offers to undertake the | ||||||
17 | construction of any
building or structure to be used by | ||||||
18 | another as a residence, if the individual,
corporation, or | ||||||
19 | partnership reasonably expects to earn a financial profit from
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20 | that activity.
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21 | (Source: P.A. 93-778, eff. 1-1-05.)
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22 | (815 ILCS 670/15)
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23 | Sec. 15. Adoption of residential building code. A contract | ||||||
24 | to build new residential construction a home (1) in any | ||||||
25 | non-building code jurisdiction municipality in this State that |
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1 | does not have a residential building code in effect or (2) in | ||||||
2 | any portion of a county that is not located within a | ||||||
3 | municipality and does not have a residential building code in | ||||||
4 | effect must adopt as part of the construction contract the | ||||||
5 | applicability of a residential building code that is agreed to | ||||||
6 | by the home builder and the home purchaser as provided in this | ||||||
7 | Section. The home builder and the home purchaser may agree to | ||||||
8 | adopt the International Residential Code or any municipal | ||||||
9 | residential building code or county residential building code | ||||||
10 | that is in effect on the first day of construction in any | ||||||
11 | county or municipality that is within 100 miles of the | ||||||
12 | location of the new home. If the home builder and the home | ||||||
13 | purchaser fail to agree to a residential building code or if no | ||||||
14 | residential building code is stated in the contract, the code | ||||||
15 | adopted under Section 15 of the Energy Efficient Building Act, | ||||||
16 | the plumbing code promulgated by the Illinois Department of | ||||||
17 | Public Health under Section 35 of the Illinois Plumbing | ||||||
18 | License Law, the National Electric Code as adopted by the | ||||||
19 | American National Standards Institute, and the current edition | ||||||
20 | of the International Residential Code shall, by law, be | ||||||
21 | adopted as part of the construction contract.
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22 | (Source: P.A. 93-778, eff. 1-1-05.)
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