97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3724

 

Introduced 2/10/2012, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3125/10
20 ILCS 3125/15
20 ILCS 3125/20
20 ILCS 3125/25

    Amends the Energy Efficient Building Act. Provides that the Capital Development Board shall adopt, every 3 years (now, no time requirement), the latest published edition of the International Energy Conservation Code as minimum requirements for commercial buildings. Provides that the Board shall adopt, at least every 6 years (now, no time requirement), the Code as the minimum and maximum requirements for residential buildings. Provides that, beginning January 1, 2012, the Board shall review and consider adopting the latest published edition of the Code within one year of its publication and may adopt the latest edition upon review (now, the Board shall adopt the Code within 9 months after its publication). Provides that the Code shall take effect 6 months (now, 3 months) after it is adopted by the Board. Provides that the Department of Commerce and Economic Opportunity shall make training available to builders and others to explain the requirements of the Code. Provides that the Department shall make funds available for the training. Effective immediately.


LRB097 20046 PJG 65376 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3724LRB097 20046 PJG 65376 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Energy Efficient Building Act is amended by
5changing Sections 10, 15, 20, and 25 as follows:
 
6    (20 ILCS 3125/10)
7    Sec. 10. Definitions.
8    "Board" means the Capital Development Board.
9    "Building" includes both residential buildings and
10commercial buildings.
11    "Code" means the latest published edition of the
12International Code Council's International Energy Conservation
13Code as adopted by the Board, excluding published supplements
14but including the amendments and adaptations to the Code that
15are made by the Board.
16    "Commercial building" means any building except a building
17that is a residential building, as defined in this Section.
18    "Department" means the Department of Commerce and Economic
19Opportunity.
20    "Municipality" means any city, village, or incorporated
21town.
22    "Residential building" means (i) a detached one-family or
232-family dwelling or (ii) any building that is 3 stories or

 

 

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1less in height above grade that contains multiple dwelling
2units, in which the occupants reside on a primarily permanent
3basis, such as a townhouse, a row house, an apartment house, a
4convent, a monastery, a rectory, a fraternity or sorority
5house, a dormitory, and a rooming house; provided, however,
6that when applied to a building located within the boundaries
7of a municipality having a population of 1,000,000 or more, the
8term "residential building" means a building containing one or
9more dwelling units, not exceeding 4 stories above grade, where
10occupants are primarily permanent.
11(Source: P.A. 96-778, eff. 8-28-09.)
 
12    (20 ILCS 3125/15)
13    Sec. 15. Energy Efficient Building Code. Beginning January
141, 2012, the The Board, in consultation with the Department,
15shall adopt, every 3 years, the latest published edition of the
16Code as minimum requirements for commercial buildings,
17applying to the construction of, renovations to, and additions
18to all commercial buildings in the State. Beginning January 1,
192012, the The Board, in consultation with the Department, shall
20also adopt, at least every 6 years, the Code as the minimum and
21maximum requirements for residential buildings, applying to
22the construction of all residential buildings in the State,
23except as provided for in Section 45 of this Act. The Board may
24appropriately adapt the International Energy Conservation Code
25to apply to the particular economy, population distribution,

 

 

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1geography, and climate of the State and construction therein,
2consistent with the public policy objectives of this Act. The
3changes made to this Section by this amendatory Act of the 97th
4General Assembly shall in no way invalidate or otherwise affect
5contracts entered into on or before the effective date of this
6amendatory Act of the 97th General Assembly.
7(Source: P.A. 96-778, eff. 8-28-09.)
 
8    (20 ILCS 3125/20)
9    Sec. 20. Applicability.
10    (a) Beginning January 1, 2012, the The Board shall review
11and consider adopting adopt the Code within one year 9 months
12after its publication and may adopt the Code upon review. The
13Code shall take effect within 6 3 months after it is adopted by
14the Board and shall apply to any new building or structure in
15this State for which a building permit application is received
16by a municipality or county, except as otherwise provided by
17this Act. In the case of any addition, alteration, renovation,
18or repair to an existing commercial structure, the Code adopted
19under this Act applies only to the portions of that structure
20that are being added, altered, renovated, or repaired. The
21changes made to this Section by this amendatory Act of the 97th
22General Assembly shall in no way invalidate or otherwise affect
23contracts entered into on or before the effective date of this
24amendatory Act of the 97th General Assembly.
25    (b) The following buildings shall be exempt from the Code:

 

 

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1        (1) Buildings otherwise exempt from the provisions of a
2    locally adopted building code and buildings that do not
3    contain a conditioned space.
4        (2) Buildings that do not use either electricity or
5    fossil fuel for comfort conditioning. For purposes of
6    determining whether this exemption applies, a building
7    will be presumed to be heated by electricity, even in the
8    absence of equipment used for electric comfort heating,
9    whenever the building is provided with electrical service
10    in excess of 100 amps, unless the code enforcement official
11    determines that this electrical service is necessary for
12    purposes other than providing electric comfort heating.
13        (3) Historic buildings. This exemption shall apply to
14    those buildings that are listed on the National Register of
15    Historic Places or the Illinois Register of Historic
16    Places, and to those buildings that have been designated as
17    historically significant by a local governing body that is
18    authorized to make such designations.
19        (4) (Blank).
20        (5) Other buildings specified as exempt by the
21    International Energy Conservation Code.
22    (c) Additions, alterations, renovations, or repairs to an
23existing building, building system, or portion thereof shall
24conform to the provisions of the Code as they relate to new
25construction without requiring the unaltered portion of the
26existing building or building system to comply with the Code.

 

 

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1The following need not comply with the Code, provided that the
2energy use of the building is not increased: (i) storm windows
3installed over existing fenestration, (ii) glass-only
4replacements in an existing sash and frame, (iii) existing
5ceiling, wall, or floor cavities exposed during construction,
6provided that these cavities are filled with insulation, and
7(iv) construction where the existing roof, wall, or floor is
8not exposed.
9    (d) A unit of local government that does not regulate
10energy efficient building standards is not required to adopt,
11enforce, or administer the Code; however, any energy efficient
12building standards adopted by a unit of local government must
13comply with this Act. If a unit of local government does not
14regulate energy efficient building standards, any
15construction, renovation, or addition to buildings or
16structures is subject to the provisions contained in this Act.
17(Source: P.A. 96-778, eff. 8-28-09.)
 
18    (20 ILCS 3125/25)
19    Sec. 25. Technical assistance.
20    (a) The Department shall make available to builders,
21designers, engineers, and architects implementation materials
22and training to that explain the requirements of the Code and
23describe methods of compliance acceptable to Code Enforcement
24Officials.
25    (b) The materials shall include software tools, simplified

 

 

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1prescriptive options, and other materials as appropriate. The
2simplified materials shall be designed for projects in which a
3design professional may not be involved.
4    (b-5) The Department shall make funds available for the
5training required under subsection (a).
6    (c) The Department shall provide local jurisdictions with
7technical assistance concerning implementation and enforcement
8of the Code.
9(Source: P.A. 93-936, eff. 8-13-04.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.