Sen. David Koehler

Filed: 3/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 2368, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, as follows:
5on page 1, line 9, after "commercial building", by inserting
6"or a substantially improved commercial building"; and
7on page 2, line 17, by replacing "NFPA 70" with "NFPA 70"; and
8on page 4, immediately after line 19, by inserting the
10    ""Substantial damage" means damage of any origin sustained
11by a structure whereby the cost of restoring the structure to
12its before-damaged condition would equal or exceed 50% of the
13market value of the structure before damage occurred.
14    "Substantially improved commercial building" means, for
15work commenced on or after January 1, 2025, any commercial



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1building that has undergone any repair, reconstruction,
2rehabilitation, alteration, addition, or other improvement,
3the cost of which equals or exceeds 50% of the market value of
4the structure before the improvement or repair is started. If
5a commercial building has sustained substantial damage, any
6repairs are considered substantial improvement regardless of
7the actual repair work performed. "Substantially improved
8commercial building" does not include: (i) any project for
9improvement of a structure to correct existing violations of
10State or local health, sanitary, or safety code specifications
11which have been identified by the local code enforcement
12official and which are the minimum necessary to assure safe
13living conditions or (ii) any alteration of a historic
14structure, provided that the alteration will not preclude the
15structure's continued designation as a historic structure.";
17on page 5, line 16, by replacing "July 1, 2024" with "January
181, 2025"; and
19on page 5, by replacing lines 20 and 21 with the following:
20    "(a) Any municipality or county All municipalities with a
21population of less than 1,000,000 or a county adopting a new
22building"; and
23on page 6, by replacing lines 4 through 6 with "amendatory Act



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1of the 103rd General Assembly, any municipality or county that
2has adopted and is enforcing a building"; and
3on page 6, line 11, after "code", by inserting "or codes"; and
4on page 6, by replacing lines 24 and 25 with the following:
5    "(e) Beginning January 1, 2025, any municipal building
6code or county building code must:".