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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 1 Div. 3
(65 ILCS 5/Art. 1 Div. 3 heading)
DIVISION 3.
INCORPORATION BY REFERENCE
OF CERTAIN CONSTRUCTION
REGULATIONS
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65 ILCS 5/1-3-1
(65 ILCS 5/1-3-1) (from Ch. 24, par. 1-3-1)
Sec. 1-3-1.
As used in the text of this Division 3, the following terms
shall have the meanings indicated as follows, unless the context otherwise
requires:
(a) "Municipality" means any city, village or incorporated town having
power to legislate on the subject matters mentioned in this Code;
(b) "Regulations" means any published compilation of rules and
regulations which have been prepared by nationally recognized technical
trade or service associations and shall include specifically, building
codes; plumbing codes; electrical wiring codes; fire prevention codes;
codes for the slaughtering, processing, and selling of meats and meat
products for human consumption; codes for the production, pasteurizing and
sale of milk and milk products;
(c) "Public record" means any municipal, state, or federal statute,
rule, or regulation and any ordinance or resolution of the county in which
the municipality is located, adopted prior to the exercise by any
municipality of the authority to incorporate by reference herein granted;
however, this definition shall not include the municipal ordinances, rules
or regulations of any municipality except those of the municipality which
is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
(d) "Published" means printed, lithographed, multigraphed, mimeographed,
or otherwise reproduced.
(Source: P.A. 76-111.)
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65 ILCS 5/1-3-2
(65 ILCS 5/1-3-2) (from Ch. 24, par. 1-3-2)
Sec. 1-3-2.
Adoption by reference; regulations and public records.
A municipality may adopt by
reference, as
criteria for the issuance of construction, reconstruction, alteration, or
installation permits, all or part of the provisions of regulations without setting forth those
provisions in full if at least one copy of those regulations is filed in the office of
the clerk of the municipality and is kept available for public
use,
inspection, and examination. A municipality may
likewise adopt by reference the provisions of public records if
at least 3 copies of the public record are
filed with and kept on file in
the office of the clerk of the municipality as provided for
regulations. The filing requirement is not
deemed
to be complied with unless the required copy of the regulations or copies of
the public record are filed with the
clerk of the municipality for a period of
30 days before the adoption of the ordinance that incorporates the
regulations or public record by reference. Regulations or a public record
of a jurisdiction other than the State of Illinois may not be adopted by
reference covering any subject matter
for which standards are available in
any public record of the State of Illinois.
(Source: P.A. 89-266, eff. 1-1-96.)
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65 ILCS 5/1-3-2a
(65 ILCS 5/1-3-2a) (from Ch. 24, par. 1-3-2a)
Sec. 1-3-2a.
Any municipality is authorized to adopt by reference the county
subdivision code of the county wherein such municipality is situated,
without setting forth the provisions of such code in full, provided that at
least 3 copies of such code which is incorporated or adopted by reference
are filed in the office of the clerk of the municipality at least 15 days
prior to adoption of the ordinance which incorporates such code by
reference and there kept available for public use, inspection and
examination.
(Source: P.A. 76-105 .)
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65 ILCS 5/1-3-3
(65 ILCS 5/1-3-3) (from Ch. 24, par. 1-3-3)
Sec. 1-3-3.
Nothing contained in this Division 3 shall be deemed to relieve
any municipality from the requirement of publishing the ordinance in full
which adopts such regulations or public record by reference, and all
provisions applicable to such publication shall be fully and completely
carried out as if no regulations or public record was incorporated therein.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/1-3-4
(65 ILCS 5/1-3-4) (from Ch. 24, par. 1-3-4)
Sec. 1-3-4.
Nothing contained in this Division 3 shall be deemed to permit
the adoption of the penalty clauses by reference which may be established
in the regulations or public record which is being incorporated by
reference, and such penalty clauses shall be set forth in full in the
adopting ordinance and be published along with and in the same manner as
the adopting ordinance is required to be published.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/1-3-5
(65 ILCS 5/1-3-5) (from Ch. 24, par. 1-3-5)
Sec. 1-3-5.
Any amendment which may be made to any regulations or public
record incorporated by reference by a municipality hereunder, may be
likewise adopted by reference provided that the required number of amended
or corrected copies are filed with the clerk of such municipality for
inspection, use, and examination by the public. Ordinances adopting
amendments by reference shall be required to be published as any other
ordinances of the municipality and the requirement as to prior filing
before passage shall apply likewise to amendments.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/1-3-6
(65 ILCS 5/1-3-6) (from Ch. 24, par. 1-3-6)
Sec. 1-3-6.
Any municipality which has heretofore enacted a regulation or
public record by reference thereto shall not be required to re-enact such
regulation or public record by reason of this Division 3, and all previous
incorporations by reference which would have been valid if this Division 3
had then been in effect, are hereby ratified and declared effective,
provided, however, that the requisite number of copies are forthwith filed
with the clerk of such municipality, if they have not already been so
filed.
(Source: Laws 1961, p. 576.)
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