(105 ILCS 5/2-3.12)
(from Ch. 122, par. 2-3.12)
School building code.
(a) To prepare for school boards with the
advice of the Department of Public Health, the Capital Development Board, and
the State Fire Marshal a school building code that will conserve the health and
safety and general welfare of the pupils and school personnel and others who
use public school facilities.
(b) Within 2 years after September 23, 1983,
and every 10 years thereafter, or at such other times as the State Board of
Education deems necessary or the regional superintendent so orders, each school
board subject to the provisions of this Section shall again survey its school
buildings and effectuate any recommendations in accordance with the procedures
set forth herein.
(1) An architect or engineer licensed in the State of
Illinois is required to conduct the surveys under the provisions of this Section and shall make a report of the findings of the survey titled "safety survey report" to the school board.
(2) The school board shall approve the safety survey
report, including any recommendations to effectuate compliance with the code, and submit it to the Regional Superintendent.
(3) The Regional Superintendent shall render a
decision regarding approval or denial and submit the safety survey report to the State Superintendent of Education.
(4) The State Superintendent of Education shall
approve or deny the report including recommendations to effectuate compliance with the code and, if approved, issue a certificate of approval.
(5) Upon receipt of the certificate of approval, the
Regional Superintendent shall issue an order to effect any approved recommendations included in the report. The report shall meet all of the following requirements:
(A) Items in the report shall be prioritized.
(B) Urgent items shall be considered as those
items related to life safety problems that present an immediate hazard to the safety of students.
(C) Required items shall be considered as those
items that are necessary for a safe environment but present less of an immediate hazard to the safety of students.
(D) Urgent and required items shall reference a
specific rule in the code authorized by this Section that is currently being violated or will be violated within the next 12 months if the violation is not remedied.
(6) The school board of each district so surveyed
and receiving a report of needed recommendations to be made to maintain standards of safety and health of the pupils enrolled shall effectuate the correction of urgent items as soon as achievable to ensure the safety of the students, but in no case more than one year after the date of the State Superintendent of Education's approval of the recommendation.
(7) Required items shall be corrected in a timely
manner, but in no case more than 5 years from the date of the State Superintendent of Education's approval of the recommendation.
(8) Once each year the school board shall submit a
report of progress on completion of any recommendations to effectuate compliance with the code.
(c) As soon as practicable, but not later than 2 years after January 1, 1993, the State Board of Education shall combine
the document known as "Efficient and Adequate Standards for the Construction of
Schools" with the document known as "Building Specifications for Health and
Safety in Public Schools" together with any modifications or additions that may
be deemed necessary. The combined document shall be known as the "Health/Life
Safety Code for Public Schools" and shall be the governing code for all
facilities that house public school students or are otherwise used for public
school purposes, whether such facilities are permanent or temporary and
whether they are owned, leased, rented, or otherwise used by the district.
Facilities owned by a school district but that are not used to house public
school students or are not used for public school purposes shall be
governed by separate provisions within the code authorized by this Section.
(d) The 10 year survey cycle specified in this Section shall continue to
apply based upon the standards contained in the "Health/Life Safety Code
for Public Schools", which shall specify building standards for buildings that
are constructed prior to January 1, 1993 and
for buildings that are constructed after that date.
(e) The "Health/Life Safety Code for Public Schools" shall be the governing code
for public schools; however, the provisions of this Section shall not preclude
inspection of school premises and buildings pursuant to Section 9 of the Fire
Investigation Act, provided that the provisions of the "Health/Life Safety Code
for Public Schools", or such predecessor document authorized by this Section as
may be applicable are used, and provided that those inspections are coordinated
with the Regional Superintendent having jurisdiction over the public school
(e-5) After the effective date of this amendatory Act of the 98th General Assembly, all new school building construction governed by the "Health/Life Safety Code for Public Schools" must include in its design and construction a storm shelter that meets the minimum requirements of the ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC-500), published jointly by the International Code Council and the National Storm Shelter Association. Nothing in this subsection (e-5) precludes the design engineers, architects, or school district from applying a higher life safety standard than the ICC-500 for storm shelters.
(f) Nothing in this Section shall be construed to prohibit the State Fire Marshal or a qualified fire official to whom the State Fire Marshal has delegated his or her authority
conducting a fire safety check in a public school.
(g) The Regional Superintendent shall address any violations that are not corrected in a timely manner pursuant to subsection (b) of Section 3-14.21 of this Code.
(h) Any agency having jurisdiction beyond the scope of the applicable
document authorized by this Section may issue a lawful order to a school board
to effectuate recommendations, and the school board receiving the order shall
certify to the Regional Superintendent and the State Superintendent of
Education when it has complied with the order.
(i) The State Board of Education is authorized to adopt any rules that are
necessary relating to the administration and enforcement of the provisions of
(j) The code authorized by this Section shall apply only to those
school districts having a population of less than 500,000 inhabitants.
(k) In this Section, a "qualified fire official" means an individual that meets the requirements of rules adopted by the State Fire Marshal in cooperation with the State Board of Education to administer this Section. These rules shall be based on recommendations made by the task force established under Section 2-3.137 (now repealed) of this Code.
(Source: P.A. 98-883, eff. 1-1-15; 99-30, eff. 7-10-15.)