|Public Act 093-0936
||LRB093 16165 BDD 44166 b
AN ACT in relation to energy conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Efficient Commercial Building Act.
(a) The legislature finds that an effective energy
efficient commercial building code
is essential to:
(1) reduce the air pollutant emissions from energy
consumption that are
affecting the health of residents of
(2) moderate future peak electric power demand;
(3) assure the reliability of the electrical grid and
an adequate supply
of heating oil and natural gas; and
(4) control energy costs for residents and businesses
in this State.
(b) The legislature further finds that this State has a
number of different
climate types, all of which require energy
for both cooling and heating, and
that there are many
cost-effective measures that can reduce peak energy use and
reduce cooling, heating, lighting, and other energy costs in
"Board" means the Capital Development Board.
"Code" means the 2000 International Energy Conservation
Code, the ASHRAE 90.1-1999 Standard, which is included within
that Code, the 2001
supplement to that Code, and the
adaptations to the Code that are made by the
"Commercial building" means any building except a building
that is a residential building, as defined in this Section.
"Department" means the Department of Commerce and Economic
"Municipality" means any city, village, or incorporated
"Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house.
Energy Efficient Building Code.
The Board, in
consultation with the Department, shall adopt the Code as
requirements applying to the construction of,
renovations to, and additions to all commercial buildings in
the State. The Board may
appropriately adapt the International
Energy Conservation Code to apply to the
population distribution, geography, and climate of the
and construction therein, consistent with the public policy
objectives of this Act.
(a) The Code shall take effect one year after it is adopted
by the Board and shall apply
to any commercial building or
structure in this State for which a building permit
is received by a municipality or county, except as otherwise
provided by this Act.
In the case of any addition, alteration,
renovation, or repair to an existing commercial structure, the
Code adopted under this Act applies only to the portions of
that structure that are being added, altered, renovated, or
(b) The following buildings shall be exempt from
(1) Buildings otherwise exempt from the provisions of a
building code and buildings that do not
contain a conditioned space.
(2) Buildings that do not use either electricity or
fossil fuel for
conditioning. For purposes of
determining whether this exemption applies, a
will be presumed to be heated by electricity, even in the
equipment used for electric comfort heating,
whenever the building is provided
with electrical service
in excess of 100 amps, unless the code enforcement
determines that this electrical service is necessary for
other than providing electric comfort heating.
(3) Historic buildings. This exemption shall apply to
are listed on the National Register of
Historic Places or the Illinois
Register of Historic
Places, and to those buildings that have been designated
historically significant by a local governing body that is
make such designations.
(4) Residential buildings.
(5) Other buildings specified as exempt by the
International Energy Conservation Code.
(a) The Department shall make available to builders,
designers, engineers, and
architects implementation materials
that explain the requirements of the
Code and describe methods
acceptable to Code Enforcement Officials.
(b) The materials shall include software tools, simplified
options, and other materials as appropriate. The
simplified materials shall be
designed for projects in which a
design professional may not be involved.
(c) The Department shall provide local jurisdictions with
concerning implementation and enforcement
Board, in consultation with
the Department, shall
procedures for compliance with
the Code. These procedures
may include but need not be
to certification by a national, State, or local accredited
conservation program or inspections from private
using the Code.
The Board may adopt any rules that are
necessary for the
furtherance of this Act.
Input from interested parties.
Code adaptations, rules, and procedures for
compliance with the
Code, the Capital Development Board, or
the Illinois Building
Commission as directed by the Board,
shall seek input from
representatives from the building
professionals, construction professionals,
administrators, and other interested entities affected.
No unit of local government,
including any home rule unit, may regulate energy efficient
building standards in a manner that is less stringent than the
provisions contained in this Act. This Section is a denial
of home rule powers and functions under subsection
(i) of Section 6
of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Nothing in this Section,
however, prevents a unit of local government from adopting an
energy efficiency code or standards that are more stringent
than the Code under this Act.
This Act takes effect upon