093_SB0751ham001

 










                                     LRB093 03103 AMC 17104 a

 1                    AMENDMENT TO SENATE BILL 751

 2        AMENDMENT NO.     .  Amend Senate Bill 751  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Balanced Fire Protection Act.

 6        Section  5.  Findings.    Fires  that  could  have   been
 7    prevented  or  contained  tragically cut down students in the
 8    prime of their lives. College dormitories and student housing
 9    pose a significant fire risk.  A  high  density  of  students
10    within a building requires early warning detection and alarm,
11    fire  control,  and fire containment via fire-resistive walls
12    and floors. Students require time for  safe  escape  and,  if
13    necessary,  temporary  refuge.  Containing  fire  spread with
14    acoustically sound  fire-resistive  construction  provides  a
15    critical   cornerstone   to  the  safety  and  well-being  of
16    students.  Subdividing   a   facility   with   fire-resistive
17    construction  allows  for  extra  time  to escape, provides a
18    temporary area of  refuge,  and  allots  time  for  emergency
19    responders  to  effectuate rescue. Subdivision of spaces with
20    building  materials  with  high   sound-limiting   properties
21    enhances   fire  performance  of  the  construction  element.
22    Fire-resistive construction does not contribute to  the  fire
 
                            -2-      LRB093 03103 AMC 17104 a
 1    loading   or   add  toxic  quantities  of  smoke  and  gases.
 2    Fire-resistive construction withstands the heat  and  ravages
 3    of  fire  as well as the impact of water from fire department
 4    hose streams. This protects occupants and fire fighters  from
 5    structurally weakened construction

 6        Section 10.  Definitions. In this Act:
 7        "Automatic  sprinkler  system"  means a sprinkler system,
 8    for fire protection purposes, that is an integrated system of
 9    underground and overhead piping designed in  accordance  with
10    fire protection engineering standards. This system includes a
11    suitable water supply. The portion of the system above ground
12    is  a  network  of specially or hydraulically designed piping
13    installed in a building, to which  the  automatic  sprinklers
14    are  connected in a systematic pattern. The system is usually
15    activated by heat from a fire and discharges water  over  the
16    fire area.
17        "Building"  means  any  structure  used  or  intended for
18    supporting or sheltering any use or occupancy.
19        "Building code" means the provisions adopted by a unit of
20    local  government  governing  the  construction,  alteration,
21    movement, enlargement, replacement,  repair,  equipment,  use
22    and occupancy, location, maintenance, removal, and demolition
23    of  buildings or structures or any appurtenances connected or
24    attached to a building or structure.
25        "Combustible" refers to a material that, in the  form  in
26    which  it  is used and under the conditions anticipated, will
27    ignite and burn; the term means a material that does not meet
28    the definition of noncombustible.
29        "Dormitory" or "student housing" means a  building  or  a
30    space  in  a  building in which group sleeping accommodations
31    are provided for more than 16 persons who are not members  of
32    the same family in one room or a series of closely associated
33    rooms  under  joint  occupancy and single management, with or
 
                            -3-      LRB093 03103 AMC 17104 a
 1    without meals, but without individual cooking facilities.
 2        "Existing  building"  means  a   building   erected,   or
 3    officially  authorized  to  be  constructed  by the authority
 4    having jurisdiction to approve the construction,  before  the
 5    effective date of this Act.
 6        "Fire  compartment"  means a space within a building that
 7    is enclosed by fire partitions on all  sides,  including  the
 8    top and bottom.
 9        "Fire    partition"   means   a   2-hour   noncombustible
10    fire-resistive vertical fire separation assembly designed  to
11    restrict the spread of fire, in which openings are protected.
12        "Fire  resistance rating" means the period of time that a
13    building  element,  component,  or  assembly  maintains   the
14    ability  to  confine a fire, withstands a hose stream for the
15    equivalent time period of the fire exposure, and continues to
16    perform a given structural function as determined by the test
17    methods prescribed in ASTM E 119, Standard Methods  of  Tests
18    of Fire Endurance of Building Construction and Materials.
19        "Fire-resistive construction" means construction in which
20    the  structural  elements  are  of  steel, iron, concrete, or
21    masonry, in accordance with the applicable building code.
22        "New  construction"  means  a  building  or  construction
23    erected, or officially authorized to be  constructed  by  the
24    authority  having  jurisdiction  to approve the construction,
25    after the effective date of this Act.
26        "Noncombustible material" refers to a material  that,  in
27    the  form  in  which  it  is  used  and  under the conditions
28    anticipated, will not ignite, burn,  support  combustion,  or
29    release  flammable  vapors  when  subjected  to fire or heat.
30    Materials that are reported as passing ASTM E  136,  Standard
31    Test  Method  for  Behavior  of  Materials in a Vertical Tube
32    Furnace at 750 degrees Celsius, are considered noncombustible
33    materials.
34        "Sound transmission coefficient" means the value assigned
 
                            -4-      LRB093 03103 AMC 17104 a
 1    to a material's ability to minimize sound transmission.

 2        Section 15.  Regulation.
 3        (a)  The State Fire Marshal shall take appropriate  steps
 4    to  ensure  that  the  following  requirements,  specifically
 5    designed  to  foster  fire-safe housing provisions protecting
 6    the health, safety, and  welfare  of  the  citizens  of  this
 7    State, are incorporated into local building codes:
 8             (1)  All  new construction housing students shall be
 9        of   noncombustible   fire-resistive   construction    in
10        accordance with the applicable building code, except that
11        buildings  protected  with  an automatic sprinkler system
12        and in compliance  with  paragraph  (2)  may  be  of  any
13        construction  type  allowed  by  the  applicable building
14        code.
15             (2)  A fire partition is required in connection with
16        all  of  the  following  in   all   new   buildings   and
17        construction   or   portions   thereof   constituting   a
18        dormitory or student housing:
19                  (A)  Between  each  individual  living unit, to
20             form a fire compartment.
21                  (B)  All exit corridors.
22                  (C)  All exit stairways.
23                  (D)  Occupancy separations in  accordance  with
24             the applicable building code.
25                  (E)  Exterior load-bearing walls.
26                  (F)  Interior load-bearing walls.
27             (3)  Openings  in  fire partitions must be protected
28        in accordance with the applicable building  code  but  no
29        less than 90 minutes fire-protection rating.
30             (4)  Fire  partitions must have a sound transmission
31        coefficient of 50 or more.
32             (5)  Buildings protected with an automatic sprinkler
33        system and in compliance  with  paragraphs  (1)  and  (2)
 
                            -5-      LRB093 03103 AMC 17104 a
 1        shall  be  allowed  to  be  of  unlimited area, and their
 2        height may be increased by up to 25% more than the height
 3        of similar buildings  that  are  not  protected  with  an
 4        automatic  sprinkler system or are not in compliance with
 5        paragraphs (1) and (2).
 6             (6)  All floor assemblies in a new dormitory or  new
 7        student    housing    must    have   a   minimum   2-hour
 8        fire-resistance   rating   and   be   of   noncombustible
 9        construction.
10        (b)  The requirements of subsection (a) are designed  for
11    use  throughout  the State and have particular application to
12    dormitories and student housing.
13        (c)  The provisions of this Act apply  to  new  buildings
14    and  to  construction  begun after the effective date of this
15    Act  related to alterations and remodeling  that  requires  a
16    building permit.

17        Section   20.  Enforcement.   Local   authorities  having
18    jurisdiction to enforce  building  codes  shall  enforce  the
19    provisions of this Act.

20        Section  25.  Exemptions. Existing buildings and areas of
21    existing  buildings  that  are  not  subject  to  remodeling,
22    alterations, or an increase  in  height  or  floor  area  are
23    exempt from the provisions of this Act.

24        Section 30.  Uniformity.
25        (a)  If any provision of this Act is in conflict with any
26    other  provision,  limitation,  or restriction under any law,
27    rule, regulation, or ordinance of this State or any  unit  of
28    local government or agency, this Act shall control.
29        (b)  This   Act   does   not  supersede  State  or  local
30    requirements for sprinklers, early  warning  detection,  fire
31    alarm systems, or other life safety systems.
 
                            -6-      LRB093 03103 AMC 17104 a
 1        Section 90.  The School Code is amended by adding Section
 2    2-3.131 and changing Section 3-14.20 as follows:

 3        (105 ILCS 5/2-3.131 new)
 4        Sec.    2-3.131.  Inspection   and   review   of   school
 5    facilities; task force.
 6        (a)  The State Board of Education shall adopt  rules  for
 7    the  documentation  of school plan reviews and inspections of
 8    school facilities,  including  the  responsible  individual's
 9    signature.  Such  documents  shall  be  kept  on  file by the
10    regional superintendent of schools.
11        (b)  The State Board of Education shall  convene  a  task
12    force  for  the  purpose  of reviewing the documents required
13    under rules adopted under subsection (a) of this Section  and
14    making  recommendations  regarding training and accreditation
15    of individuals performing  reviews  or  inspections  required
16    under  Section  2-3.12,  3-14.20, 3-14.21, or 3-14.22 of this
17    Code,  including  regional  superintendents  of  schools  and
18    others performing reviews or inspections under the  authority
19    of   a   regional   superintendent   (such   as  consultants,
20    municipalities, and fire protection districts).
21        The task force shall consist  of  all  of  the  following
22    members:
23             (1)  The   Executive   Director   of   the   Capital
24        Development Board or his or her designee.
25             (2)  The State Superintendent of Education or his or
26        her designee.
27             (3)  A  person  appointed  by  the  State  Board  of
28        Education.
29             (4)  A  person  appointed  by the Illinois Statewide
30        School Management Alliance.
31             (5)  A person appointed by ED-RED.
32             (6)  A person appointed by the American Institute of
33        Architects Illinois.
 
                            -7-      LRB093 03103 AMC 17104 a
 1             (7)  The   Chairman   of   the   Illinois   Building
 2        Commission or his or her designee.
 3             (8)  A person appointed by the Illinois  Association
 4        of Regional Superintendents of Schools.
 5             (9)  A   person   appointed  by  the  Illinois  Fire
 6        Inspectors Association.
 7             (10)  A person appointed by the Illinois Council  of
 8        Code Administrators.
 9             (11)  A  person  appointed  by the Illinois Plumbing
10        Inspectors Association.
11             (12)  A person appointed by the Illinois Congress of
12        Parents and Teachers.
13             (13)  A person appointed by the  Illinois  Municipal
14        League.
15        The  task  force  shall issue a report of its findings to
16    the Governor and the General Assembly no later than June  30,
17    2004.

18        (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
19        Sec.  3-14.20.  Building  plans  and  specifications.  To
20    inspect  the building plans and specifications, including but
21    not limited to plans  and  specifications  for  the  heating,
22    ventilating,  lighting,  seating,  water  supply, toilets and
23    safety against fire of  public  school  rooms  and  buildings
24    submitted  to  him by school boards, and to approve all those
25    which comply substantially with the building code  authorized
26    in Section 2-3.12.
27        If  a  municipality  or, in the case of an unincorporated
28    area, a county or, if applicable, a fire protection  district
29    wishes to be notified of plans and specifications received by
30    a regional office of education for any future construction or
31    alteration  of  a  public school facility located within that
32    entity's jurisdiction, then the  entity  must  register  this
33    wish  with the regional superintendent of schools.  Within 10
 
                            -8-      LRB093 03103 AMC 17104 a
 1    days after the regional superintendent  of  schools  receives
 2    the plans and specifications from a school board and prior to
 3    the  bidding process, he or she shall notify, in writing, the
 4    registered municipality and, if  applicable,  the  registered
 5    fire  protection  district  where  the  school  that is being
 6    constructed or altered lies  that  plans  and  specifications
 7    have  been  received.  In the case of an unincorporated area,
 8    the registered county shall be notified. If the municipality,
 9    fire protection district, or county requests a review of  the
10    plans  and specifications, then the school board shall submit
11    a copy of the plans and specifications. The municipality and,
12    if applicable, the fire protection district or the county may
13    comment in writing on the plans and specifications  based  on
14    the  building  code authorized in Section 2-3.12, referencing
15    the specific code where a discrepancy  has  been  identified,
16    and  respond  back  to the regional superintendent of schools
17    within 15 days after a copy of the plans  and  specifications
18    have  been  received  or,  if  needed  for  plan review, such
19    additional time as agreed to by the  regional  superintendent
20    of  schools.  The  local  fire  department or fire protection
21    district where the school is being constructed or altered may
22    request  a  review  of  the  plans  and  specifications.  The
23    regional superintendent of schools shall submit a copy of the
24    plans and specifications within 10 business  days  after  the
25    request.  The fire department or fire protection district may
26    comment on the plans and specifications based on the building
27    code authorized in Section 2-3.12 of the  Code  and,  if  any
28    corrective  action  must  be  taken,  shall  respond  to  the
29    regional  superintendent  of  schools  within  15  days after
30    receipt of the plans and specifications. The  Office  of  the
31    State Fire Marshal may review the plans and specifications at
32    the  request  of  the  fire  department  or  fire  protection
33    district.  The  review  must  be  conducted at no cost to the
34    school district.
 
                            -9-      LRB093 03103 AMC 17104 a
 1        If such plans and  specifications  are  not  approved  or
 2    denied  approval  by  the  regional superintendent of schools
 3    within 3 months after the date on which they are submitted to
 4    him or her, the  school  board  may  submit  such  plans  and
 5    specifications   directly  to  the  State  Superintendent  of
 6    Education for approval or denial.
 7    (Source: P.A. 92-593, eff. 1-1-03.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.".