[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3474
105 ILCS 5/2-3.12 from Ch. 122, par. 2-3.12
105 ILCS 5/3-14.20 from Ch. 122, par. 3-14.20
105 ILCS 5/35-10 from Ch. 122, par. 35-10
Amends the School Code. Gives the building inspector of
a municipality or county in which a new public school
facility or new addition to an existing public school
facility is to be constructed jurisdiction and authority to
inspect plans and specifications and to enter upon school
property to inspect and determine that construction of such
new facilities or additions will not or does not create a
violation of the municipality's or county's building code.
Adds other provisions related to the enforcement of a lawful
order finding a code violation.
LRB9009837THpk
LRB9009837THpk
1 AN ACT to amend the School Code by changing Sections
2 2-3.12, 3-14.20, and 35-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.12, 3-14.20, and 35-10 as follows:
7 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
8 Sec. 2-3.12. School building code. To prepare for school
9 boards with the advice of the Department of Public Health,
10 the Capital Development Board, and the State Fire Marshal a
11 school building code that will conserve the health and safety
12 and general welfare of the pupils and school personnel and
13 others who use public school facilities.
14 The document known as "Efficient and Adequate Standards
15 for the Construction of Schools" applies only to temporary
16 school facilities, new school buildings, and additions to
17 existing schools whose construction contracts are awarded
18 after July 1, 1965. On or before July 1, 1967, each school
19 board shall have its school district buildings that were
20 constructed prior to January 1, 1955, surveyed by an
21 architect or engineer licensed in the State of Illinois as to
22 minimum standards necessary to conserve the health and safety
23 of the pupils enrolled in the school buildings of the
24 district. Buildings constructed between January 1, 1955 and
25 July 1, 1965, not owned by the State of Illinois, shall be
26 surveyed by an architect or engineer licensed in the State of
27 Illinois beginning 10 years after acceptance of the completed
28 building by the school board. Buildings constructed between
29 January 1, 1955 and July 1, 1955 and previously exempt under
30 the provisions of Section 35-27 shall be surveyed prior to
31 July 1, 1977 by an architect or engineer licensed in the
-2- LRB9009837THpk
1 State of Illinois. The architect or engineer, using the
2 document known as "Building Specifications for Health and
3 Safety in Public Schools" as a guide, shall make a report of
4 the findings of the survey to the school board, giving
5 priority in that report to fire safety problems and
6 recommendations thereon if any such problems exist. The
7 school board of each district so surveyed and receiving a
8 report of needed recommendations to be made to improve
9 standards of safety and health of the pupils enrolled has
10 until July 1, 1970, or in case of buildings not owned by the
11 State of Illinois and completed between January 1, 1955 and
12 July 1, 1965 or in the case of buildings previously exempt
13 under the provisions of Section 35-27 has a period of 3 years
14 after the survey is commenced, to effectuate those
15 recommendations, giving first attention to the
16 recommendations in the survey report having priority status,
17 and is authorized to levy the tax provided for in Section
18 17-2.11, according to the provisions of that Section, to make
19 such improvements. School boards unable to effectuate those
20 recommendations prior to July 1, 1970, on July 1, 1980 in the
21 case of buildings previously exempt under the provisions of
22 Section 35-27, may petition the State Superintendent of
23 Education upon the recommendation of the Regional
24 Superintendent for an extension of time. The extension of
25 time may be granted by the State Superintendent of Education
26 for a period of one year, but may be extended from year to
27 year provided substantial progress, in the opinion of the
28 State Superintendent of Education, is being made toward
29 compliance.
30 Within 2 years after the effective date of this
31 amendatory Act of 1983, and every 10 years thereafter, or at
32 such other times as the State Board of Education deems
33 necessary or the regional superintendent so orders, each
34 school board subject to the provisions of this Section shall
-3- LRB9009837THpk
1 again survey its school buildings and effectuate any
2 recommendations in accordance with the procedures set forth
3 herein. An architect or engineer licensed in the State of
4 Illinois is required to conduct the surveys under the
5 provisions of this Section and shall make a report of the
6 findings of the survey titled "safety survey report" to the
7 school board. The school board shall approve the safety
8 survey report, including any recommendations to effectuate
9 compliance with the code, and submit it to the Regional
10 Superintendent. The Regional Superintendent shall render a
11 decision regarding approval or denial and submit the safety
12 survey report to the State Superintendent of Education. The
13 State Superintendent of Education shall approve or deny the
14 report including recommendations to effectuate compliance
15 with the code and, if approved, issue a certificate of
16 approval. Upon receipt of the certificate of approval, the
17 Regional Superintendent shall issue an order to effect any
18 approved recommendations included in the report. Items in
19 the report shall be prioritized. Urgent items shall be
20 considered as those items related to life safety problems
21 that present an immediate hazard to the safety of students.
22 Required items shall be considered as those items that are
23 necessary for a safe environment but present less of an
24 immediate hazard to the safety of students. Urgent and
25 required items shall reference a specific rule in the code
26 authorized by this Section that is currently being violated
27 or will be violated within the next 12 months if the
28 violation is not remedied. The school board of each district
29 so surveyed and receiving a report of needed recommendations
30 to be made to maintain standards of safety and health of the
31 pupils enrolled shall effectuate the correction of urgent
32 items as soon as achievable to ensure the safety of the
33 students. Required items shall be corrected in a timely
34 manner, but in no case more than 3 years from the date of the
-4- LRB9009837THpk
1 State Superintendent of Education's approval of the
2 recommendation. Once each year the school board shall submit
3 a report of progress on completion of any recommendations to
4 effectuate compliance with the code. For each year that the
5 school board does not effectuate any or all approved
6 recommendations, it shall petition the Regional
7 Superintendent and the State Superintendent of Education
8 detailing what work was completed in the previous year and a
9 work plan for completion of the remaining work. If in the
10 judgement of the Regional Superintendent and the State
11 Superintendent of Education substantial progress has been
12 made and just cause has been shown by the school board, the
13 petition for a one year extension of time may be approved.
14 As soon as practicable, but not later than 2 years after
15 the effective date of this amendatory Act of 1992, the State
16 Board of Education shall combine the document known as
17 "Efficient and Adequate Standards for the Construction of
18 Schools" with the document known as "Building Specifications
19 for Health and Safety in Public Schools" together with any
20 modifications or additions that may be deemed necessary. The
21 combined document shall be known as the "Health/Life Safety
22 Code for Public Schools" and shall be the governing code for
23 all facilities that house public school students or are
24 otherwise used for public school purposes, whether such
25 facilities are permanent or temporary and whether they are
26 owned, leased, rented, or otherwise used by the district.
27 However, nothing in this Section shall be construed to
28 prevent a municipality or county from establishing, under its
29 own municipal or county building code, higher construction,
30 plumbing, heating, electrical, fire prevention, sanitation,
31 or other health and safety standards that are applicable to
32 structures generally in that municipality or county,
33 including a new public school facility or a new addition to
34 an existing public school facility that is being constructed
-5- LRB9009837THpk
1 in the municipality or county to house public school students
2 or to be otherwise used for public school purposes.
3 Facilities owned by a school district but that are not used
4 to house public school students or are not used for public
5 school purposes shall be governed by separate provisions
6 within the code authorized by this Section.
7 The 10 year survey cycle specified in this Section shall
8 continue to apply based upon the standards contained in the
9 "Health/Life Safety Code for Public Schools", which shall
10 specify building standards for buildings that are constructed
11 prior to the effective date of this amendatory Act of 1992
12 and for buildings that are constructed after that date.
13 The "Health/Life Safety Code for Public Schools" shall be
14 the governing code for public schools; provided that however,
15 the provisions of this Section shall not preclude inspection
16 of school premises and buildings pursuant to Section 9 of the
17 Fire Investigation Act, provided that the provisions of the
18 "Health/Life Safety Code for Public Schools", or such
19 predecessor document authorized by this Section as may be
20 applicable are used, and provided that those inspections are
21 coordinated with the Regional Superintendent having
22 jurisdiction over the public school facility. However,
23 nothing in this Section shall be construed to prevent a
24 municipality or county from establishing, under its own
25 municipal or county building code, higher construction,
26 plumbing, heating, electrical, fire prevention, sanitation,
27 or other health and safety standards that are applicable to
28 structures generally in that municipality or county,
29 including a new public school facility or a new addition to
30 an existing public school facility that is being constructed
31 in the municipality or county to house public school students
32 or to be otherwise used for public school purposes. A person
33 employed as a municipal or county building inspector shall be
34 deemed to have jurisdiction and authority to enter, at
-6- LRB9009837THpk
1 reasonable times during the day, upon school property located
2 within the municipality or county by which the building
3 inspector is employed to determine if the construction of a
4 new public school facility or a new addition to an existing
5 public school facility on that property has resulted in a
6 violation of the building code of the municipality or county,
7 as the case may be. Any agency having jurisdiction beyond the
8 scope of the applicable document authorized by this Section,
9 including a building inspector employed by a municipality or
10 county to determine the existence of a violation of the
11 municipal or county building code and any hearing officer or
12 other building code enforcement agency of that municipality
13 or county, may issue a lawful order to a school board to
14 effectuate recommendations or, after a hearing held as
15 provided under the applicable municipal or county building
16 code, to impose sanctions authorized under that code if a
17 code violation is proved at the hearing, subject to judicial
18 review in accordance with the Administrative Review Law., and
19 The school board receiving the order shall certify to the
20 Regional Superintendent and the State Superintendent of
21 Education when it has complied with the order.
22 The State Board of Education is authorized to adopt any
23 rules that are necessary relating to the administration and
24 enforcement of the provisions of this Section. The code
25 authorized by this Section shall apply only to those school
26 districts having a population of less than 500,000
27 inhabitants.
28 (Source: P.A. 89-397, eff. 8-20-95.)
29 (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
30 Sec. 3-14.20. Building plans and specifications. To
31 inspect the building plans and specifications, including but
32 not limited to plans and specifications for the heating,
33 ventilating, lighting, seating, water supply, toilets and
-7- LRB9009837THpk
1 safety against fire of public school rooms and buildings
2 submitted to him by school boards, and to approve all those
3 which comply substantially with the building code authorized
4 in Section 2-3.12. If such plans and specifications are not
5 approved or denied approval by the regional superintendent of
6 schools within 3 months after the date on which they are
7 submitted to him or her, the school board may submit such
8 plans and specifications directly to the State Superintendent
9 of Education for approval or denial.
10 Nothing in this Section shall be deemed to limit the
11 jurisdiction and authority of the building inspector of a
12 municipality or county: (i) to inspect the building plans and
13 specifications applicable to the planned construction within
14 the municipality or county of new public school facilities or
15 new additions to existing public school facilities to
16 determine that the construction of those facilities or
17 additions in accordance with those plans and specifications
18 will conform to the construction, plumbing, heating,
19 electrical, fire prevention, sanitation, or other health and
20 safety standards applicable to the construction of such
21 facilities or additions under the building code of the
22 municipality or county; and (ii) to withhold his or her
23 approval of those plans and specifications if construction in
24 accordance with the plans and specifications would result in
25 a violation of the municipality's or county's building code.
26 (Source: P.A. 86-1312; 87-984.)
27 (105 ILCS 5/35-10) (from Ch. 122, par. 35-10)
28 Sec. 35-10. Plans and specifications. Upon approval of an
29 application for aid hereunder by the Commission, the school
30 board of the district and the School Building Commission
31 shall jointly proceed to employ Architects and Engineers for
32 the design of the approved facilities. Such plans and
33 specifications shall be submitted to the Regional
-8- LRB9009837THpk
1 Superintendent of Schools and the State Board of Education
2 for approval. In addition, the plans and specifications shall
3 be submitted to the building inspector of the municipality or
4 county in which a new public school facility or new addition
5 to an existing public school facility is to be constructed,
6 if that municipality or county has a building code that
7 imposes construction, plumbing, heating, electrical, fire
8 prevention, sanitation, or other health and safety standards
9 applicable to structures within the municipality or county;
10 and the building inspector shall approve those plans and
11 specifications unless construction of the new facility or
12 addition in accordance with those standards would result in a
13 violation of the municipality's or county's building code.
14 If approved by such officers, they shall be submitted to the
15 Commission for its approval, with an estimate of the cost of
16 construction. The Commission shall approve such plans if in
17 its opinion the facilities meet the needs of the district as
18 disclosed in its application, are limited to those authorized
19 by this Act, and can be constructed within the cost limits of
20 this Act. If so approved, the Commission shall advertise for
21 bids for all construction work and equipment once each week
22 for 3 successive weeks prior to the date the bids are to be
23 opened in a newspaper published in the district or if no such
24 newspaper is published in the district then in a newspaper
25 published in the county and having a general circulation in
26 the district. The advertisement shall set forth specifically
27 or, by way of reference to specifications, indicate what will
28 be required of the bidders, the amount of the certified check
29 to be deposited with the bid and such other particulars as
30 the Commission may deem proper. Any advertisement may embrace
31 propositions for all or a part of the material to be
32 furnished or work to be done. The bids shall be received and
33 opened and accepted by the Commission in the manner provided
34 for other state contracts and the Commission shall enter into
-9- LRB9009837THpk
1 a contract with the lowest responsible bidder or bidders. The
2 cost of buildings erected by the Commission shall not exceed
3 the formula listed below:
4 (a) Buildings for grades K through 8 - In the case of a
5 building to be constructed with less than 6 classrooms, the
6 cost shall not exceed $18,000 a classroom or $14 per square
7 foot, whichever is less. In the case of a building to be
8 constructed with 6 or more classrooms and where a
9 multi-purpose room and appropriate office area is required,
10 the cost shall not exceed $24,000 a classroom or $14 per
11 square foot, whichever is less. This cost formula shall
12 include construction costs, architects fees and fixed
13 equipment. These cost figures are based on construction costs
14 at January 1, 1967, and the Commission shall adjust them up
15 or down to reflect changes in construction costs in the area
16 of the district.
17 (b) Junior High Buildings, grades 6 through 9 - No
18 building may be erected by the Commission to house grades 6
19 through 9 or any combination unless the district shall have
20 at least 250 students at the beginning of the ensuing school
21 year to be housed therein. The basic cost of a building to
22 house 250 students shall not exceed $400,000 plus $1,000 per
23 student for each student in excess of 250 or $15.50 per
24 square foot, whichever is less. This cost formula shall
25 include construction costs, architect's fees, and fixed
26 equipment, and shall provide all the space necessary to meet
27 the educational requirements of the State Board of Education.
28 These cost figures are based on construction costs at January
29 1, 1967, and the Commission shall adjust them up or down to
30 reflect changes in construction costs in the area of the
31 district.
32 (c) High School Buildings, grades 9 through 12 - The
33 Commission shall not erect a building to house students in
34 grades 9 through 12 unless the district shows a need for at
-10- LRB9009837THpk
1 least 250 students at the beginning of the ensuing school
2 year to be housed therein. The basic cost of a building to
3 house 250 students shall not exceed $625,000 plus $1,800 per
4 student for each student in excess of 250 or $16.50 per
5 square foot, whichever is less. The above cost shall include
6 construction costs, architect's fees, and fixed equipment and
7 shall include all space necessary to meet the minimum
8 standard of education laid down by the State Board of
9 Education. These cost figures are based on construction costs
10 at January 1, 1967, and the Commission shall adjust them up
11 or down to reflect changes in construction costs in the area
12 of the district.
13 Notwithstanding the foregoing cost figures, the
14 Commission shall have power to limit the cost of the building
15 to the minimum cost level of the area for similar
16 construction and if in the opinion of the Commission the bids
17 exceed such cost the Commission may reject all bids and
18 readvertise. If any contractor refuses or fails to fulfill
19 his contract the contract may be cancelled by the Commission.
20 The building costs herein authorized are in addition to the
21 cost of the site, site development and site improvements.
22 (Source: P.A. 81-1508.)