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92nd General Assembly

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Public Act 92-0593

SB1545 Enrolled                                LRB9211370NTpk

    AN ACT concerning schools.

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

    Section  5.   The  School  Code  is  amended  by changing
Sections 2-3.12 and 3-14.20 as follows:

    (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
    Sec. 2-3.12.  School building code. 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.
    The  document  known as "Efficient and Adequate Standards
for the Construction of Schools" applies  only  to  temporary
school  facilities,  new  school  buildings, and additions to
existing schools whose  construction  contracts  are  awarded
after  July  1, 1965.  On or before July 1, 1967, each school
board shall have its  school  district  buildings  that  were
constructed   prior  to  January  1,  1955,  surveyed  by  an
architect or engineer licensed in the State of Illinois as to
minimum standards necessary to conserve the health and safety
of the  pupils  enrolled  in  the  school  buildings  of  the
district.   Buildings constructed between January 1, 1955 and
July 1, 1965, not owned by the State of  Illinois,  shall  be
surveyed by an architect or engineer licensed in the State of
Illinois beginning 10 years after acceptance of the completed
building  by the school board.  Buildings constructed between
January 1, 1955 and July 1, 1955 and previously exempt  under
the  provisions  of  Section 35-27 shall be surveyed prior to
July 1, 1977 by an architect  or  engineer  licensed  in  the
State  of  Illinois.    The  architect or engineer, using the
document known as "Building  Specifications  for  Health  and
Safety  in Public Schools" as a guide, shall make a report of
the findings of  the  survey  to  the  school  board,  giving
priority   in   that  report  to  fire  safety  problems  and
recommendations thereon if any  such  problems  exist.    The
school  board  of  each  district so surveyed and receiving a
report of  needed  recommendations  to  be  made  to  improve
standards  of  safety  and  health of the pupils enrolled has
until July 1, 1970, or in case of buildings not owned by  the
State  of  Illinois and completed between January 1, 1955 and
July 1, 1965 or in the case of  buildings  previously  exempt
under the provisions of Section 35-27 has a period of 3 years
after   the   survey   is   commenced,  to  effectuate  those
recommendations,    giving    first    attention    to    the
recommendations in the survey report having priority  status,
and  is  authorized  to  levy the tax provided for in Section
17-2.11, according to the provisions of that Section, to make
such improvements.  School boards unable to effectuate  those
recommendations prior to July 1, 1970, on July 1, 1980 in the
case  of  buildings previously exempt under the provisions of
Section 35-27,  may  petition  the  State  Superintendent  of
Education   upon   the   recommendation   of   the   Regional
Superintendent  for  an  extension of time.  The extension of
time may be granted by the State Superintendent of  Education
for  a  period  of one year, but may be extended from year to
year provided substantial progress, in  the  opinion  of  the
State  Superintendent  of  Education,  is  being  made toward
compliance. However, for fire  protection  issues,  only  one
one-year  extension  may  be  made, and no other provision of
this  Code  or  an  applicable  code   may   supersede   this
requirement.  For  routine  inspections, fire officials shall
provide written notice to the  principal  of  the  school  to
schedule  a  mutually  agreed  upon  time for the fire safety
check.  However, no more than 2 routine  inspections  may  be
made in a calendar year.
    Within   2   years  after  the  effective  date  of  this
amendatory Act of 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. 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.   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.  The Regional Superintendent shall  render  a
decision  regarding  approval or denial and submit the safety
survey report to the State Superintendent of Education.   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. Upon receipt of the certificate  of  approval,  the
Regional  Superintendent  shall  issue an order to effect any
approved recommendations included in the  report.   Items  in
the  report  shall  be  prioritized.   Urgent  items shall be
considered as those items related  to  life  safety  problems
that  present  an immediate hazard to the safety of students.
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.   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.  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.    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.  Once each year the school board shall submit
a  report of progress on completion of any recommendations to
effectuate compliance with the code.  For each year that  the
school   board  does  not  effectuate  any  or  all  approved
recommendations,   it    shall    petition    the    Regional
Superintendent  and  the  State  Superintendent  of Education
detailing what work was completed in the previous year and  a
work  plan  for  completion of the remaining work.  If in the
judgement  of  the  Regional  Superintendent  and  the  State
Superintendent of Education  substantial  progress  has  been
made  and  just cause has been shown by the school board, the
petition for a one year extension of time may be approved.
    As soon as practicable, but not later than 2 years  after
the  effective date of this amendatory Act of 1992, 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.
    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 the effective date of this amendatory  Act  of  1992
and for buildings that are constructed after that date.
    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  facility.    Nothing  in
this  Section  shall  be  construed  to prohibit a local fire
department, fire protection district, or the  Office  of  the
State  Fire  Marshal from conducting a fire safety check in a
public school.  Upon being notified by a fire  official  that
corrective  action  must be taken to resolve a violation, the
school board shall take corrective action  within  one  year.
However,  violations  that  present  imminent  danger must be
addressed immediately.
    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.
    The State Board of Education is authorized to  adopt  any
rules  that  are necessary relating to the administration and
enforcement of the provisions  of  this  Section.   The  code
authorized  by  this Section shall apply only to those school
districts  having  a  population   of   less   than   500,000
inhabitants.
(Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)

    (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
    Sec.  3-14.20.  Building  plans  and  specifications.  To
inspect  the building plans and specifications, including but
not limited to plans  and  specifications  for  the  heating,
ventilating,  lighting,  seating,  water  supply, toilets and
safety against fire of  public  school  rooms  and  buildings
submitted  to  him by school boards, and to approve all those
which comply substantially with the building code  authorized
in  Section  2-3.12.   The  local  fire  department  or  fire
protection  district where the school is being constructed or
altered may request a review of the plans and specifications.
The regional superintendent of schools shall submit a copy of
the plans and specifications within 10  business  days  after
the  request. The fire department or fire protection district
may comment on the plans  and  specifications  based  on  the
building  code  authorized in Section 2-3.12 of the Code and,
if any corrective action must be taken, shall respond to  the
regional  superintendent  of  schools  within  15  days after
receipt of the plans and specifications. The  Office  of  the
State Fire Marshal may review the plans and specifications at
the  request  of  the  fire  department  or  fire  protection
district.  The  review  must  be  conducted at no cost to the
school district.
    If  such plans and specifications  are  not  approved  or
denied  approval  by  the  regional superintendent of schools
within 3 months after the date on which they are submitted to
him or her, the  school  board  may  submit  such  plans  and
specifications   directly  to  the  State  Superintendent  of
Education for approval or denial.
(Source: P.A. 86-1312; 87-984.)
    Passed in the General Assembly May 29, 2002.
    Approved June 27, 2002.
    Effective January 01, 2003.

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