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92nd General Assembly

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Public Act 92-0489

SB754 Enrolled                                 LRB9200713MWpk

    AN ACT in relation to building codes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Building  Commission  Act  is
amended by adding Section 55 as follows:

    (20 ILCS 3918/55 new)
    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.
    The Commission may adopt any rules necessary to implement
this Section.
    For  the  purposes of this Section, "building code" means
any ordinance, resolution, law, housing or building code,  or
zoning   ordinance   that  establishes  construction  related
activities applicable to  structures  in  a  municipality  or
county, as the case may be.

    Section  10.  The  Counties  Code  is amended by changing
Sections 5-1063 and 5-1064 as follows:

    (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
    Sec.  5-1063.  Building  construction,   alteration   and
maintenance.  For  the  purpose of promoting and safeguarding
the public health, safety,  comfort  and  welfare,  a  county
board  may  prescribe  by  resolution or ordinance reasonable
rules and regulations  (a)  governing  the  construction  and
alteration  of  all  buildings, structures and camps or parks
accommodating persons in house trailers, house  cars,  cabins
or  tents  and  parts and appurtenances thereof and governing
the maintenance thereof in a condition reasonably  safe  from
hazards   of   fire,   explosion,   collapse,  electrocution,
flooding,  asphyxiation,  contagion   and   the   spread   of
infectious  disease,  where  such  buildings,  structures and
camps or parks are located  outside  the  limits  of  cities,
villages  and  incorporated  towns,  but  excluding those for
agricultural purposes on farms including farm residences, but
any such resolution or ordinance shall be subject to any rule
or regulation heretofore or hereafter adopted  by  the  State
Fire  Marshal  pursuant  to  "An Act to regulate the storage,
transportation, sale and use of gasoline and volatile  oils",
approved  June  28, 1919, as amended; (b) for prohibiting the
use for residential  purposes  of  buildings  and  structures
already  erected  or  moved into position which do not comply
with such rules and regulations; and (c) for  the  restraint,
correction and abatement of any violations.
    In  addition,  the  county  board  may  by  resolution or
ordinance require that each  occupant  of  an  industrial  or
commercial  building  located  outside  the limits of cities,
villages and incorporated towns obtain  an  occupancy  permit
issued  by  the  county.   Such  permit  may be valid for the
duration of the occupancy or for a specified period of  time,
and shall be valid only with respect to the occupant to which
it is issued.
    Within  30  days  after  its adoption, such resolution or
ordinance  shall  be  printed  in  book  or  pamphlet   form,
published  by  authority  of the County Board; or it shall be
published at least once in a newspaper published  and  having
general  circulation  in  the  county;  or if no newspaper is
published therein, copies shall  be  posted  in  at  least  4
conspicuous places in each township or Road District. No such
resolution or ordinance shall take effect until 10 days after
it  is  published  or  posted. Where such building or camp or
park rules and regulations have been published previously  in
book  or  pamphlet  form,  the  resolution  or  ordinance may
provide for the adoption of such  rules  and  regulations  or
portions   thereof,  by  reference  thereto  without  further
printing, publication or posting, provided that not less than
3 copies of such rules and regulations in  book  or  pamphlet
form  shall  have  been  filed,  in  the office of the County
Clerk, for use and examination by the public for at least  30
days prior to the adoption thereof by the County Board.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, any county adopting a new building
code or amending an existing building code under this Section
must,  at  least 30 days before adopting the building code or
amendment, provide an identification of the building code, by
title and edition, or the amendment to the Illinois  Building
Commission  for  identification  on  the  Internet.  For  the
purposes   of   this   Section,  "building  code"  means  any
ordinance, resolution, law,  housing  or  building  code,  or
zoning   ordinance   that  establishes  construction  related
activities applicable to structures in the county.
    The violation of any rule or regulation adopted  pursuant
to  this Section, except for a violation of the provisions of
this amendatory Act of the  92nd  General  Assembly  and  the
rules  and  regulations adopted under those provisions, shall
be a petty offense.
    All  rules  and  regulations  enacted  by  resolution  or
ordinance under the  provisions  of  this  Section  shall  be
enforced  by  such officer of the county as may be designated
by resolution of the County Board.
    No such resolution or ordinance shall be enforced  if  it
is in conflict with any law of this State or with any rule of
the Department of Public Health.
(Source: P.A. 86-962.)

    (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
    Sec.  5-1064.  Buildings in certain counties of less than
1,000,000 population. The county board in any county  with  a
population  not  in  excess  of 1,000,000 located in the area
served  by  the  Northeastern  Illinois   Metropolitan   Area
Planning  Commission may prescribe by resolution or ordinance
reasonable  rules   and   regulations   (a)   governing   the
construction  and  alteration of all buildings and structures
and  parts  and  appurtenances  thereof  and  governing   the
maintenance  thereof  in a condition reasonably safe from the
hazards of  fire,  explosion,  collapse,  contagion  and  the
spread  of  infectious  disease,  but  any such resolution or
ordinance shall be subject to any rule or regulation  now  or
hereafter  adopted  by the State Fire Marshal pursuant to "An
Act to regulate the storage, transportation, sale and use  of
gasoline  and  volatile  oils",  approved  June  28, 1919, as
amended, (b) for prohibiting the use for residential purposes
of buildings and structures already  erected  or  moved  into
position which do not comply with such rules and regulations,
and  (c)  for  the restraint, correction and abatement of any
violations.   However,   the   county   shall   exempt    all
municipalities  located  wholly  or  partly within the county
where the municipal building code  is  equal  to  the  county
regulation  and where the local authorities are enforcing the
municipal building code. Such rules and regulations shall  be
applicable  throughout  the county but this Section shall not
be construed  to  prevent  municipalities  from  establishing
higher  standards  nor shall such rules and regulations apply
to the construction or alteration of buildings and structures
used or to be used for agricultural purposes and located upon
a tract of land which is  zoned  and  used  for  agricultural
purposes.
    In  the  adoption  of  rules  and  regulations under this
Section the county board shall be governed by the publication
and posting requirements set out in Section 5-1063.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, any county adopting a new building
code or amending an existing building code under this Section
must, at least 30 days before adopting the building  code  or
amendment, provide an identification of the building code, by
title  and edition, or the amendment to the Illinois Building
Commission for identification on the Internet.
    For the purposes of this Section, "building  code"  means
any  ordinance, resolution, law, housing or building code, or
zoning  ordinance  that  establishes   construction   related
activities applicable to structures in the county.
    Violation  of  any rule or regulation adopted pursuant to
this Section, except for a violation  of  the  provisions  of
this  amendatory  Act  of  the  92nd General Assembly and the
rules and regulations adopted under those  provisions,  shall
be deemed a petty offense.
    All  rules  and  regulations  enacted  by  resolution  or
ordinance  under  the  provisions  of  this  Section shall be
enforced by such officer of the county as may  be  designated
by resolution of the county board.
(Source: P.A. 86-962.)

    Section  15.  The  Illinois  Municipal Code is amended by
adding Section 1-2-3.1 as follows:

    (65 ILCS 5/1-2-3.1 new)
    Sec.  1-2-3.1.  Building   codes.    Beginning   on   the
effective  date  of  this  amendatory Act of the 92nd General
Assembly, any municipality with a  population  of  less  than
1,000,000  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 Illinois
Building Commission for identification on the Internet.
    For the purposes of this Section, "building  code"  means
any  ordinance, resolution, law, housing or building code, or
zoning  ordinance  that  establishes   construction   related
activities applicable to structures in the municipality.

    Section  99.   Effective  date.  This Act takes effect on
July 1, 2002.
    Passed in the General Assembly May 30, 2001.
    Approved August 23, 2001.
    Effective July 01, 2002.

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