State of Illinois
91st General Assembly
Legislation

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91_HB4251

 
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 1        AN ACT to amend the School Code.

 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 pupils and  school  personnel  and
12    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 this the State of  Illinois
21    as  to minimum standards necessary to conserve the health and
22    safety 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.
29        Within  2  years  after  the  effective  date   of   this
30    amendatory  Act of 1983, and every 10 years thereafter, or at
31    such other times  as  the  State  Board  of  Education  deems
32    necessary  or  the  regional  superintendent  so orders, each
33    school board subject to the provisions of this Section  shall
34    again   survey   its  school  buildings  and  effectuate  any
 
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 1    recommendations in accordance with the procedures  set  forth
 2    herein.  An  architect  or  engineer licensed in the State of
 3    Illinois  is  required  to  conduct  the  surveys  under  the
 4    provisions of this Section and shall make  a  report  of  the
 5    findings  of  the survey titled "safety survey report" to the
 6    school board.  The school  board  shall  approve  the  safety
 7    survey  report,  including  any recommendations to effectuate
 8    compliance with the code,  and  submit  it  to  the  Regional
 9    Superintendent.   The  Regional Superintendent shall render a
10    decision regarding approval or denial and submit  the  safety
11    survey  report to the State Superintendent of Education.  The
12    State Superintendent of Education shall approve or  deny  the
13    report  including  recommendations  to  effectuate compliance
14    with the code  and,  if  approved,  issue  a  certificate  of
15    approval.  Upon  receipt  of the certificate of approval, the
16    Regional Superintendent shall issue an order  to  effect  any
17    approved  recommendations  included  in the report.  Items in
18    the report shall  be  prioritized.   Urgent  items  shall  be
19    considered  as  those  items  related to life safety problems
20    that present an immediate hazard to the safety  of  students.
21    Required  items  shall  be considered as those items that are
22    necessary for a safe  environment  but  present  less  of  an
23    immediate  hazard  to  the  safety  of  students.  Urgent and
24    required items shall reference a specific rule  in  the  code
25    authorized  by  this Section that is currently being violated
26    or will  be  violated  within  the  next  12  months  if  the
27    violation is not remedied.  The school board of each district
28    so  surveyed and receiving a report of needed recommendations
29    to be made to maintain standards of safety and health of  the
30    pupils  enrolled  shall  effectuate  the correction of urgent
31    items as soon as achievable  to  ensure  the  safety  of  the
32    students, but in no case more than one year after the date of
33    the  State  Superintendent  of  Education's  approval  of the
34    recommendation.  Required  items  shall  be  corrected  in  a
 
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 1    timely manner, but in no case more than 5 years from the date
 2    of  the  State  Superintendent of Education's approval of the
 3    recommendation.  Once each year the school board shall submit
 4    a report of progress on completion of any recommendations  to
 5    effectuate  compliance with the code.  For each year that the
 6    school  board  does  not  effectuate  any  or  all   approved
 7    recommendations,    it    shall    petition    the   Regional
 8    Superintendent and  the  State  Superintendent  of  Education
 9    detailing  what work was completed in the previous year and a
10    work plan for completion of the remaining work.   If  in  the
11    judgement  of  the  Regional  Superintendent  and  the  State
12    Superintendent  of  Education  substantial  progress has been
13    made and just cause has been shown by the school  board,  the
14    petition for a one year extension of time may be approved.
15        As  soon as practicable, but not later than 2 years after
16    the effective date of this amendatory Act of 1992, the  State
17    Board  of  Education  shall  combine  the  document  known as
18    "Efficient and Adequate Standards  for  the  Construction  of
19    Schools"  with the document known as "Building Specifications
20    for Health and Safety in Public Schools"  together  with  any
21    modifications or additions that may be deemed necessary.  The
22    combined  document  shall be known as the "Health/Life Safety
23    Code for Public Schools" and shall be the governing code  for
24    all  facilities  that  house  public  school  students or are
25    otherwise used  for  public  school  purposes,  whether  such
26    facilities  are  permanent  or temporary and whether they are
27    owned, leased, rented, or otherwise  used  by  the  district.
28    Facilities  owned  by a school district but that are not used
29    to house public school students or are not  used  for  public
30    school  purposes  shall  be  governed  by separate provisions
31    within the code authorized by this Section.
32        The 10 year survey cycle specified in this Section  shall
33    continue  to  apply based upon the standards contained in the
34    "Health/Life Safety Code for  Public  Schools",  which  shall
 
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 1    specify building standards for buildings that are constructed
 2    prior  to  the  effective date of this amendatory Act of 1992
 3    and for buildings that are constructed after that date.
 4        The "Health/Life Safety Code for Public Schools" shall be
 5    the  governing  code  for  public   schools;   however,   the
 6    provisions  of  this Section shall not preclude inspection of
 7    school premises and buildings pursuant to Section  9  of  the
 8    Fire  Investigation  Act, provided that the provisions of the
 9    "Health/Life  Safety  Code  for  Public  Schools",  or   such
10    predecessor  document  authorized  by  this Section as may be
11    applicable are used, and provided that those inspections  are
12    coordinated   with   the   Regional   Superintendent   having
13    jurisdiction  over  the  public  school facility.  Any agency
14    having  jurisdiction  beyond  the  scope  of  the  applicable
15    document authorized by this Section may issue a lawful  order
16    to  a  school  board  to  effectuate recommendations, and the
17    school  board  receiving  the  order  shall  certify  to  the
18    Regional  Superintendent  and  the  State  Superintendent  of
19    Education when it has complied with the order.
20        The State Board of Education is authorized to  adopt  any
21    rules  that  are necessary relating to the administration and
22    enforcement of the provisions  of  this  Section.   The  code
23    authorized  by  this Section shall apply only to those school
24    districts  having  a  population   of   less   than   500,000
25    inhabitants.
26    (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)

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