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91_SB0526
LRB9103662NTsb
1 AN ACT in relation to school building safety, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.12, 2-3.25g, 3-14.2, and 22-23 as follows:
7 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
8 Sec. 2-3.12. School building code. To prepare for school
9 boards with the advice of the Department of Public Health,
10 the Capital Development Board, and the State Fire Marshal a
11 school building code that will conserve the health and safety
12 and general welfare of the pupils and school personnel and
13 others who use public school facilities.
14 (a) The document known as "Efficient and Adequate
15 Standards for the Construction of Schools" applies only to
16 temporary school facilities, new school buildings, and
17 additions to existing schools whose construction contracts
18 are awarded after July 1, 1965. On or before July 1, 1967,
19 each school board shall have its school district buildings
20 that were constructed prior to January 1, 1955, surveyed by
21 an architect or engineer licensed in the State of Illinois as
22 to minimum standards necessary to conserve the health and
23 safety of the pupils enrolled in the school buildings of the
24 district. Buildings constructed between January 1, 1955 and
25 July 1, 1965, not owned by the State of Illinois, shall be
26 surveyed by an architect or engineer licensed in the State of
27 Illinois beginning 10 years after acceptance of the completed
28 building by the school board. Buildings constructed between
29 January 1, 1955 and July 1, 1955 and previously exempt under
30 the provisions of Section 35-27 shall be surveyed prior to
31 July 1, 1977 by an architect or engineer licensed in the
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1 State of Illinois. The architect or engineer, using the
2 document known as "Building Specifications for Health and
3 Safety in Public Schools" as a guide, shall make a report of
4 the findings of the survey to the school board, giving
5 priority in that report to fire safety problems and
6 recommendations thereon if any such problems exist. The
7 school board of each district so surveyed and receiving a
8 report of needed recommendations to be made to improve
9 standards of safety and health of the pupils enrolled has
10 until July 1, 1970, or in case of buildings not owned by the
11 State of Illinois and completed between January 1, 1955 and
12 July 1, 1965 or in the case of buildings previously exempt
13 under the provisions of Section 35-27 has a period of 3 years
14 after the survey is commenced, to effectuate those
15 recommendations, giving first attention to the
16 recommendations in the survey report having priority status,
17 and is authorized to levy the tax provided for in Section
18 17-2.11, according to the provisions of that Section, to make
19 such improvements. School boards unable to effectuate those
20 recommendations prior to July 1, 1970, on July 1, 1980 in the
21 case of buildings previously exempt under the provisions of
22 Section 35-27, may petition the State Superintendent of
23 Education upon the recommendation of the Regional
24 Superintendent for an extension of time. The extension of
25 time may be granted by the State Superintendent of Education
26 for a period of one year, but may be extended from year to
27 year provided substantial progress, in the opinion of the
28 State Superintendent of Education, is being made toward
29 compliance.
30 (b) Within 2 years after the effective date of this
31 amendatory Act of 1983, and every 10 years thereafter, or at
32 such other times as the State Board of Education deems
33 necessary or the regional superintendent so orders, each
34 school board subject to the provisions of this Section shall
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1 again survey its school buildings and effectuate any
2 recommendations in accordance with the procedures set forth
3 herein. An architect or engineer licensed in the State of
4 Illinois is required to conduct the surveys under the
5 provisions of this Section and shall make a report of the
6 findings of the survey titled "safety survey report" to the
7 school board. The school board shall approve the safety
8 survey report, including any recommendations to effectuate
9 compliance with the code, and submit it to the Regional
10 Superintendent. The Regional Superintendent shall render a
11 decision regarding approval or denial and submit the safety
12 survey report to the State Superintendent of Education. The
13 State Superintendent of Education shall approve or deny the
14 report including recommendations to effectuate compliance
15 with the code and, if approved, issue a certificate of
16 approval. Upon receipt of the certificate of approval, the
17 Regional Superintendent shall issue an order to effect any
18 approved recommendations included in the report. Items in
19 the report shall be prioritized. Urgent items shall be
20 considered as those items related to life safety problems
21 that present an immediate hazard to the safety of students.
22 Required items shall be considered as those items that are
23 necessary for a safe environment but present less of an
24 immediate hazard to the safety of students. Urgent and
25 required items shall reference a specific rule in the code
26 authorized by this Section that is currently being violated
27 or will be violated within the next 12 months if the
28 violation is not remedied. The school board of each district
29 so surveyed and receiving a report of needed recommendations
30 to be made to maintain standards of safety and health of the
31 pupils enrolled shall effectuate the correction of urgent
32 items as soon as achievable to ensure the safety of the
33 students, but in no case more than one year after the date of
34 the State Superintendent of Education's approval of the
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1 recommendation. Required items shall be corrected in a
2 timely manner, but in no case more than 5 years from the date
3 of the State Superintendent of Education's approval of the
4 recommendation. Once each year the school board shall submit
5 a report of progress on completion of any recommendations to
6 effectuate compliance with the code. For each year that the
7 school board does not effectuate any or all approved
8 recommendations, it shall petition the Regional
9 Superintendent and the State Superintendent of Education
10 detailing what work was completed in the previous year and a
11 work plan for completion of the remaining work. If in the
12 judgement of the Regional Superintendent and the State
13 Superintendent of Education substantial progress has been
14 made and just cause has been shown by the school board, the
15 petition for a one year extension of time may be approved.
16 (c) As soon as practicable, but not later than 2 years
17 after the effective date of this amendatory Act of 1992, the
18 State Board of Education shall combine the document known as
19 "Efficient and Adequate Standards for the Construction of
20 Schools" with the document known as "Building Specifications
21 for Health and Safety in Public Schools" together with any
22 modifications or additions that may be deemed necessary. The
23 combined document shall be known as the "Health/Life Safety
24 Code for Public Schools" and shall be the governing code for
25 all facilities that house public school students or are
26 otherwise used for public school purposes, whether such
27 facilities are permanent or temporary and whether they are
28 owned, leased, rented, or otherwise used by the district.
29 Facilities owned by a school district but that are not used
30 to house public school students or are not used for public
31 school purposes shall be governed by separate provisions
32 within the code authorized by this Section.
33 (d) The 10 year survey cycle specified in this Section
34 shall continue to apply based upon the standards contained in
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1 the "Health/Life Safety Code for Public Schools", which shall
2 specify building standards for buildings that are constructed
3 prior to the effective date of this amendatory Act of 1992
4 and for buildings that are constructed after that date.
5 (e) Except as provided in subsection (f), the
6 "Health/Life Safety Code for Public Schools" shall be the
7 governing code for public schools; however, the provisions of
8 this Section shall not preclude inspection of school premises
9 and buildings pursuant to Section 9 of the Fire Investigation
10 Act, provided that the provisions of the "Health/Life Safety
11 Code for Public Schools", or such predecessor or successor
12 document authorized by this Section as may be applicable are
13 used, and provided that those inspections are coordinated
14 with the Regional Superintendent having jurisdiction over the
15 public school facility.
16 Any agency having jurisdiction beyond the scope of the
17 applicable document authorized by this Section may issue a
18 lawful order to a school board to effectuate recommendations,
19 and the school board receiving the order shall certify to the
20 Regional Superintendent and the State Superintendent of
21 Education when it has complied with the order.
22 (f) As soon as practicable, but not later than 2 years
23 after the effective date of this amendatory Act of the 91st
24 General Assembly, the State Board of Education shall adopt a
25 nationally accepted building and fire code to replace the
26 corresponding portions of the Health/Life Safety Code for
27 Public Schools. This code shall be known as the School
28 Building Code and when it is adopted it shall become the
29 governing code for all public school buildings and facilities
30 in this State with respect to the matters included; with
31 respect to matters not included in the new School Building
32 Code, the Health/Life Safety Code for Public Schools shall
33 continue to govern.
34 All new construction, additions to, and significant
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1 alterations of school buildings or facilities begun after the
2 effective date of the new School Building Code adopted under
3 this subsection (f) shall be subject to that code.
4 (g) For the purposes of this Section, "local code
5 authority" means the municipal or county agency responsible
6 for enforcing the local building and fire codes, conducting
7 building inspections, reviewing plans, and issuing building
8 permits in the jurisdiction in which a school building or
9 facility is located or proposed to be located.
10 (h) All new construction, additions to, and significant
11 alterations of school buildings or facilities begun after the
12 effective date of the new School Building Code adopted under
13 subsection (f) shall be subject to the plan review process
14 and building permit requirements of the local code authority,
15 except that all permit fees shall be waived.
16 Notwithstanding any other provision of law, the local
17 code authority is hereby authorized to inspect all school
18 buildings and facilities within its jurisdiction for
19 compliance with the School Building Code and to enforce the
20 provisions of that code with respect to all new construction,
21 additions to, and significant alterations of school buildings
22 or facilities begun after the effective date of the code
23 through the local plan review and building permit process.
24 (i) The State Board of Education is authorized to adopt
25 any rules that are necessary relating to the administration
26 and enforcement of the provisions of this Section.
27 (j) The code authorized by subsection (c) of this
28 Section shall apply only to those school districts having a
29 population of less than 500,000 inhabitants. The school
30 building code authorized by subsection (f) of this Section
31 shall apply to all school districts, including those school
32 districts having a population of 500,000 or more inhabitants.
33
34 (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)
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1 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
2 Sec. 2-3.25g. Waiver or modification of mandates within
3 the School Code and administrative rules and regulations.
4 Notwithstanding any other provisions of this School Code or
5 any other law of this State to the contrary, school districts
6 may petition the State Board of Education for the waiver or
7 modification of the mandates of this School Code or of the
8 administrative rules and regulations promulgated by the State
9 Board of Education. Waivers or modifications of
10 administrative rules and regulations and modifications of
11 mandates of this School Code may be requested when a school
12 district demonstrates that it can address the intent of the
13 rule or mandate in a more effective, efficient, or economical
14 manner or when necessary to stimulate innovation or improve
15 student performance. Waivers of mandates of the School Code
16 may be requested when the waivers are necessary to stimulate
17 innovation or improve student performance. Waivers may not
18 be requested from laws, rules, and regulations pertaining to
19 special education, teacher certification, or teacher tenure
20 and seniority, or the installation of automatic sprinkler
21 systems in any school building or facility. Waivers of
22 provisions of the School Building Code adopted by the State
23 Board under Section 2-3.12 shall not be requested or granted
24 without the express written approval of the local code
25 authority, as that term is defined in that Section.
26 School districts, as a matter of inherent managerial
27 policy, and any Independent Authority established under
28 Section 2-3.25f may submit an application for a waiver or
29 modification authorized under this Section. Each application
30 must include a written request by the school district or
31 Independent Authority and must demonstrate that the intent of
32 the mandate can be addressed in a more effective, efficient,
33 or economical manner or be based upon a specific plan for
34 improved student performance and school improvement. Any
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1 district requesting a waiver or modification for the reason
2 that intent of the mandate can be addressed in a more
3 economical manner shall include in the application a fiscal
4 analysis showing current expenditures on the mandate and
5 projected savings resulting from the waiver or modification.
6 Applications and plans developed by school districts must be
7 approved by each board of education following a public
8 hearing on the application and plan and the opportunity for
9 the board to hear testimony from educators directly involved
10 in its implementation, parents, and students. The public
11 hearing must be preceded by at least one published notice
12 occurring at least 7 days prior to the hearing in a newspaper
13 of general circulation within the school district that sets
14 forth the time, date, place, and general subject matter of
15 the hearing. The school district must notify in writing the
16 affected exclusive collective bargaining agent of the
17 district's intent to seek approval of a waiver or
18 modification and of the hearing to be held to take testimony
19 from educators. The affected exclusive collective bargaining
20 agents shall be notified of such public hearing at least 7
21 days prior to the date of the hearing and shall be allowed to
22 attend such public hearing.
23 A request for a waiver or modification of administrative
24 rules and regulations or for a modification of mandates
25 contained in this School Code shall be submitted to the State
26 Board of Education within 15 days after approval by the board
27 of education. Following receipt of the request, the State
28 Board shall have 45 days to review the application and
29 request. If the State Board fails to disapprove the
30 application within that 45 day period, the waiver or
31 modification shall be deemed granted. The State Board may
32 disapprove any request if it is not based upon sound
33 educational practices, endangers the health or safety of
34 students or staff, compromises equal opportunities for
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1 learning, or fails to demonstrate that the intent of the rule
2 or mandate can be addressed in a more effective, efficient,
3 or economical manner or have improved student performance as
4 a primary goal. Any request disapproved by the State Board
5 may be appealed to the General Assembly by the requesting
6 school district as outlined in this Section.
7 A request for a waiver from mandates contained in this
8 School Code shall be submitted to the State Board within 15
9 days after approval by the board of education. The State
10 Board shall review the applications and requests for
11 completeness and shall compile the requests in reports to be
12 filed with the General Assembly. The State Board shall file
13 reports outlining the waivers requested by school districts
14 and appeals by school districts of requests disapproved by
15 the State Board with the Senate and the House of
16 Representatives before each May 1 and October 1. The General
17 Assembly may disapprove the report of the State Board in
18 whole or in part within 30 calendar days after each house of
19 the General Assembly next convenes after the report is filed
20 by adoption of a resolution by a record vote of the majority
21 of members elected in each house. If the General Assembly
22 fails to disapprove any waiver request or appealed request
23 within such 30 day period, the waiver or modification shall
24 be deemed granted. Any resolution adopted by the General
25 Assembly disapproving a report of the State Board in whole or
26 in part shall be binding on the State Board.
27 An approved waiver or modification may remain in effect
28 for a period not to exceed 5 school years and may be renewed
29 upon application by the school district. However, such waiver
30 or modification may be changed within that 5-year period by a
31 local school district board following the procedure as set
32 forth in this Section for the initial waiver or modification
33 request. If neither the State Board of Education nor the
34 General Assembly disapproves, the change is deemed granted.
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1 On or before February 1, 1998, and each year thereafter,
2 the State Board of Education shall submit a cumulative report
3 summarizing all types of waiver mandates and modifications of
4 mandates granted by the State Board or the General Assembly.
5 The report shall identify the topic of the waiver along with
6 the number and percentage of school districts for which the
7 waiver has been granted. The report shall also include any
8 recommendations from the State Board regarding the repeal or
9 modification of waived mandates.
10 (Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
11 eff. 7-3-97; 90-462, eff. 8-17-97; 90-655, eff. 7-30-98.)
12 (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
13 Sec. 3-14.21. Inspection of schools.
14 (a) The regional superintendent shall inspect and survey
15 all public schools under his or her supervision and notify
16 the board of education, or the trustees of schools in a
17 district with trustees, in writing before July 30, whether or
18 not the several schools in their district have been kept as
19 required by law, using forms provided by the State Board of
20 Education which are based on the Health/Life Safety Code for
21 Public Schools or the School Building Code adopted under
22 Section 2-3.12. The regional superintendent shall report his
23 or her findings to the State Board of Education on forms
24 provided by the State Board of Education.
25 (b) If the regional superintendent determines that a
26 school board has failed in a timely manner to correct urgent
27 items identified in a previous life-safety report completed
28 under Section 2-3.12 or as otherwise previously ordered by
29 the regional superintendent, the regional superintendent
30 shall order the school board to adopt and submit to the
31 regional superintendent a plan for the immediate correction
32 of the building violations. This plan shall be adopted
33 following a public hearing that is conducted by the school
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1 board on the violations and the plan and that is preceded by
2 at least 7 days' prior notice of the hearing published in a
3 newspaper of general circulation within the school district.
4 If the regional superintendent determines in the next annual
5 inspection that the plan has not been completed and that the
6 violations have not been corrected, the regional
7 superintendent shall submit a report to the State Board of
8 Education with a recommendation that the State Board withhold
9 from payments of general State aid due to the district an
10 amount necessary to correct the outstanding violations. The
11 State Board, upon notice to the school board and to the
12 regional superintendent, shall consider the report at a
13 meeting of the State Board, and may order that a sufficient
14 amount of general State aid be withheld from payments due to
15 the district to correct the violations. This amount shall be
16 paid to the regional superintendent who shall contract on
17 behalf of the school board for the correction of the
18 outstanding violations.
19 (Source: P.A. 90-464, eff. 8-17-97.)
20 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
21 Sec. 22-23. Automatic Sprinkler systems.
22 (a) The provisions of this Section apply to the school
23 board, board of education, board of school directors, board
24 of school inspectors or other governing body of each school
25 district in this State, including special charter districts
26 and districts organized under Article 34.
27 (b) As used in this Section, the term "school
28 construction" means (1) the construction of a new school
29 building, or addition to an existing building, within any
30 period of 30 months, having 7,200 or more square feet, and
31 (2) any alteration, as defined in 71 Illinois Administrative
32 Code, Section 400.210, within any period of 30 months,
33 affecting one or more areas of a school building which
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1 cumulatively are equal to 50% or more of the square footage
2 of the school building.
3 (c) New areas or uses of buildings not required to be
4 sprinklered under this Section shall be protected with the
5 installation of an automatic fire detection system.
6 (d) Notwithstanding any other provisions of this Act, no
7 school construction shall be commenced in any school district
8 on or after the effective date of this amendatory Act of the
9 91st General Assembly 1991 unless automatic sprinkler systems
10 are required by, and are installed in accordance with
11 approved plans and specifications in the school building,
12 addition or project areas which constitute school
13 construction as defined in subsection (b). Plans and
14 specifications shall comply with the Health/Life Safety Code
15 for Public Schools and the School Building Code adopted by
16 the State Board under Section 2-3.12 and any rules and
17 regulations established by the State Board of Education, and
18 such rules and regulations shall be consistent so far as
19 practicable with nationally recognized standards such as
20 those established by the National Fire Protection
21 Association.
22 (Source: P.A. 90-566, eff. 1-2-98.)
23 Section 85. The Bond Issue Notification Act is amended
24 by changing Section 35 as follows:
25 (30 ILCS 352/35)
26 Sec. 35. Health/Life Safety Code. If the Regional
27 Superintendent of Schools having jurisdiction over a school
28 district certifies to the school district and the State Board
29 of Education that the work proposed for which the
30 non-referendum general obligation bonds or limited bonds will
31 be issued is work that is required in order to meet the
32 minimum mandatory safety scores under the Health/Life Safety
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1 Code for Public Schools and the School Building Code created
2 pursuant to Section 2-3.12 of the School Code, the school
3 district issuing the bonds is not required to comply with the
4 provisions of this Act except that, for school districts
5 exempt from Section 2-3.12 of the School Code, if the board
6 of education of the school district certifies to the State
7 Board of Education that the work proposed for which the
8 non-referendum general obligation bonds or limited bonds will
9 be issued is work that is required in order to implement a
10 capital improvement program to provide for the health, life,
11 and safety needs of the pupils, school personnel, and school
12 district, the school district issuing the bonds is not
13 required to comply with the provisions of this Act.
14 (Source: P.A. 89-655, eff. 1-1-97.)
15 Section 90. The State Mandates Act is amended by adding
16 Section 8.23 as follows:
17 (30 ILCS 805/8.23 new)
18 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
19 and 8 of this Act, no reimbursement by the State is required
20 for the implementation of any mandate created by this
21 amendatory Act of the 91st General Assembly.