093_HB2114eng

 
HB2114 Engrossed                     LRB093 04783 NHT 04839 b

 1        AN ACT in relation to schools.

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

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 2-3.12 as follows:

 6        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
 7        Sec. 2-3.12.  School building code. To prepare for school
 8    boards  with  the  advice of the Department of Public Health,
 9    the Capital Development Board, and the State Fire  Marshal  a
10    school building code that will conserve the health and safety
11    and  general  welfare  of  the  students  pupils  and  school
12    personnel and others who use public school facilities.
13        The  document  known as "Efficient and Adequate Standards
14    for the Construction of Schools" applies  only  to  temporary
15    school  facilities,  new  school  buildings, and additions to
16    existing schools whose  construction  contracts  are  awarded
17    after  July  1, 1965.  On or before July 1, 1967, each school
18    board shall have its  school  district  buildings  that  were
19    constructed   prior  to  January  1,  1955,  surveyed  by  an
20    architect or engineer licensed in the State of Illinois as to
21    minimum standards necessary to conserve the health and safety
22    of the  pupils  enrolled  in  the  school  buildings  of  the
23    district.   Buildings constructed between January 1, 1955 and
24    July 1, 1965, not owned by the State of  Illinois,  shall  be
25    surveyed by an architect or engineer licensed in the State of
26    Illinois beginning 10 years after acceptance of the completed
27    building  by the school board.  Buildings constructed between
28    January 1, 1955 and July 1, 1955 and previously exempt  under
29    the  provisions  of  Section 35-27 shall be surveyed prior to
30    July 1, 1977 by an architect  or  engineer  licensed  in  the
31    State  of  Illinois.    The  architect or engineer, using the
 
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 1    document known as "Building  Specifications  for  Health  and
 2    Safety  in Public Schools" as a guide, shall make a report of
 3    the findings of  the  survey  to  the  school  board,  giving
 4    priority   in   that  report  to  fire  safety  problems  and
 5    recommendations thereon if any  such  problems  exist.    The
 6    school  board  of  each  district so surveyed and receiving a
 7    report of  needed  recommendations  to  be  made  to  improve
 8    standards  of  safety  and  health of the pupils enrolled has
 9    until July 1, 1970, or in case of buildings not owned by  the
10    State  of  Illinois and completed between January 1, 1955 and
11    July 1, 1965 or in the case of  buildings  previously  exempt
12    under the provisions of Section 35-27 has a period of 3 years
13    after   the   survey   is   commenced,  to  effectuate  those
14    recommendations,    giving    first    attention    to    the
15    recommendations in the survey report having priority  status,
16    and  is  authorized  to  levy the tax provided for in Section
17    17-2.11, according to the provisions of that Section, to make
18    such improvements.  School boards unable to effectuate  those
19    recommendations prior to July 1, 1970, on July 1, 1980 in the
20    case  of  buildings previously exempt under the provisions of
21    Section 35-27,  may  petition  the  State  Superintendent  of
22    Education   upon   the   recommendation   of   the   Regional
23    Superintendent  for  an  extension of time.  The extension of
24    time may be granted by the State Superintendent of  Education
25    for  a  period  of one year, but may be extended from year to
26    year provided substantial progress, in  the  opinion  of  the
27    State  Superintendent  of  Education,  is  being  made toward
28    compliance. However, for fire  protection  issues,  only  one
29    one-year  extension  may  be  made, and no other provision of
30    this  Code  or  an  applicable  code   may   supersede   this
31    requirement.  For  routine  inspections, fire officials shall
32    provide written notice to the  principal  of  the  school  to
33    schedule  a  mutually  agreed  upon  time for the fire safety
34    check.  However, no more than 2 routine  inspections  may  be
 
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 1    made in a calendar year.
 2        Within   2   years  after  the  effective  date  of  this
 3    amendatory Act of 1983, and every 10 years thereafter, or  at
 4    such  other  times  as  the  State  Board  of Education deems
 5    necessary or the  regional  superintendent  so  orders,  each
 6    school  board subject to the provisions of this Section shall
 7    again  survey  its  school  buildings  and   effectuate   any
 8    recommendations  in  accordance with the procedures set forth
 9    herein. An architect or engineer licensed  in  the  State  of
10    Illinois  is  required  to  conduct  the  surveys  under  the
11    provisions  of  this  Section  and shall make a report of the
12    findings of the survey titled "safety survey report"  to  the
13    school  board.   The  school  board  shall approve the safety
14    survey report, including any  recommendations  to  effectuate
15    compliance  with  the  code,  and  submit  it to the Regional
16    Superintendent.  The Regional Superintendent shall  render  a
17    decision  regarding  approval or denial and submit the safety
18    survey report to the State Superintendent of Education.   The
19    State  Superintendent  of Education shall approve or deny the
20    report including  recommendations  to  effectuate  compliance
21    with  the  code  and,  if  approved,  issue  a certificate of
22    approval. Upon receipt of the certificate  of  approval,  the
23    Regional  Superintendent  shall  issue an order to effect any
24    approved recommendations included in the  report.   Items  in
25    the  report  shall  be  prioritized.   Urgent  items shall be
26    considered as those items related  to  life  safety  problems
27    that  present  an immediate hazard to the safety of students.
28    Required items shall be considered as those  items  that  are
29    necessary  for  a  safe  environment  but  present less of an
30    immediate hazard to  the  safety  of  students.   Urgent  and
31    required  items  shall  reference a specific rule in the code
32    authorized by this Section that is currently  being  violated
33    or  will  be  violated  within  the  next  12  months  if the
34    violation is not remedied.  The school board of each district
 
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 1    so surveyed and receiving a report of needed  recommendations
 2    to  be made to maintain standards of safety and health of the
 3    pupils enrolled shall effectuate  the  correction  of  urgent
 4    items  as  soon  as  achievable  to  ensure the safety of the
 5    students, but in no case more than one year after the date of
 6    the State  Superintendent  of  Education's  approval  of  the
 7    recommendation.    Required  items  shall  be  corrected in a
 8    timely manner, but in no case more than 5 years from the date
 9    of the State Superintendent of Education's  approval  of  the
10    recommendation.  Once each year the school board shall submit
11    a  report of progress on completion of any recommendations to
12    effectuate compliance with the code.  For each year that  the
13    school   board  does  not  effectuate  any  or  all  approved
14    recommendations,   it    shall    petition    the    Regional
15    Superintendent  and  the  State  Superintendent  of Education
16    detailing what work was completed in the previous year and  a
17    work  plan  for  completion of the remaining work.  If in the
18    judgement  of  the  Regional  Superintendent  and  the  State
19    Superintendent of Education  substantial  progress  has  been
20    made  and  just cause has been shown by the school board, the
21    petition for a one year extension of time may be approved.
22        As soon as practicable, but not later than 2 years  after
23    the  effective date of this amendatory Act of 1992, the State
24    Board of  Education  shall  combine  the  document  known  as
25    "Efficient  and  Adequate  Standards  for the Construction of
26    Schools" with the document known as "Building  Specifications
27    for  Health  and  Safety in Public Schools" together with any
28    modifications or additions that may be deemed necessary.  The
29    combined document shall be known as the  "Health/Life  Safety
30    Code  for Public Schools" and shall be the governing code for
31    all facilities that  house  public  school  students  or  are
32    otherwise  used  for  public  school  purposes,  whether such
33    facilities are permanent or temporary and  whether  they  are
34    owned,  leased,  rented,  or  otherwise used by the district.
 
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 1    Facilities owned by a school district but that are  not  used
 2    to  house  public  school students or are not used for public
 3    school purposes shall  be  governed  by  separate  provisions
 4    within the code authorized by this Section.
 5        The  10 year survey cycle specified in this Section shall
 6    continue to apply based upon the standards contained  in  the
 7    "Health/Life  Safety  Code  for  Public Schools", which shall
 8    specify building standards for buildings that are constructed
 9    prior to the effective date of this amendatory  Act  of  1992
10    and for buildings that are constructed after that date.
11        The "Health/Life Safety Code for Public Schools" shall be
12    the   governing   code   for  public  schools;  however,  the
13    provisions of this Section shall not preclude  inspection  of
14    school  premises  and  buildings pursuant to Section 9 of the
15    Fire Investigation Act, provided that the provisions  of  the
16    "Health/Life   Safety  Code  for  Public  Schools",  or  such
17    predecessor document authorized by this  Section  as  may  be
18    applicable  are used, and provided that those inspections are
19    coordinated   with   the   Regional   Superintendent   having
20    jurisdiction over the public school  facility.    Nothing  in
21    this  Section  shall  be  construed  to prohibit a local fire
22    department, fire protection district, or the  Office  of  the
23    State  Fire  Marshal from conducting a fire safety check in a
24    public school.  Upon being notified by a fire  official  that
25    corrective  action  must be taken to resolve a violation, the
26    school board shall take corrective action  within  one  year.
27    However,  violations  that  present  imminent  danger must be
28    addressed immediately.
29        Any agency having jurisdiction beyond the  scope  of  the
30    applicable  document  authorized  by this Section may issue a
31    lawful order to a school board to effectuate recommendations,
32    and the school board receiving the order shall certify to the
33    Regional  Superintendent  and  the  State  Superintendent  of
34    Education when it has complied with the order.
 
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 1        The State Board of Education is authorized to  adopt  any
 2    rules  that  are necessary relating to the administration and
 3    enforcement of the provisions  of  this  Section.   The  code
 4    authorized  by  this Section shall apply only to those school
 5    districts  having  a  population   of   less   than   500,000
 6    inhabitants.
 7    (Source: P.A. 92-593, eff. 1-1-03.)