Illinois General Assembly - Full Text of Public Act 097-1033
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Public Act 097-1033





Public Act 097-1033
SB3724 EnrolledLRB097 20046 PJG 65376 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Energy Efficient Building Act is amended by
changing Sections 10, 20, and 25 as follows:
    (20 ILCS 3125/10)
    Sec. 10. Definitions.
    "Board" means the Capital Development Board.
    "Building" includes both residential buildings and
commercial buildings.
    "Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, excluding published supplements
but including the amendments and adaptations to the Code that
are made by the Board.
    "Commercial building" means any building except a building
that is a residential building, as defined in this Section.
    "Department" means the Department of Commerce and Economic
    "Municipality" means any city, village, or incorporated
    "Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more, the
term "residential building" means a building containing one or
more dwelling units, not exceeding 4 stories above grade, where
occupants are primarily permanent.
(Source: P.A. 96-778, eff. 8-28-09.)
    (20 ILCS 3125/20)
    Sec. 20. Applicability.
    (a) The Board shall review and adopt the Code within one
year 9 months after its publication. The Code shall take effect
within 6 3 months after it is adopted by the Board, except
that, beginning January 1, 2012, the Code adopted in 2012 shall
take effect on January 1, 2013, and shall apply to any new
building or structure in this State for which a building permit
application is received by a municipality or county, except as
otherwise provided by this Act. In the case of any addition,
alteration, renovation, or repair to an existing commercial
structure, the Code adopted under this Act applies only to the
portions of that structure that are being added, altered,
renovated, or repaired. The changes made to this Section by
this amendatory Act of the 97th General Assembly shall in no
way invalidate or otherwise affect contracts entered into on or
before the effective date of this amendatory Act of the 97th
General Assembly.
    (b) The following buildings shall be exempt from the Code:
        (1) Buildings otherwise exempt from the provisions of a
    locally adopted building code and buildings that do not
    contain a conditioned space.
        (2) Buildings that do not use either electricity or
    fossil fuel for comfort conditioning. For purposes of
    determining whether this exemption applies, a building
    will be presumed to be heated by electricity, even in the
    absence of equipment used for electric comfort heating,
    whenever the building is provided with electrical service
    in excess of 100 amps, unless the code enforcement official
    determines that this electrical service is necessary for
    purposes other than providing electric comfort heating.
        (3) Historic buildings. This exemption shall apply to
    those buildings that are listed on the National Register of
    Historic Places or the Illinois Register of Historic
    Places, and to those buildings that have been designated as
    historically significant by a local governing body that is
    authorized to make such designations.
        (4) (Blank).
        (5) Other buildings specified as exempt by the
    International Energy Conservation Code.
    (c) Additions, alterations, renovations, or repairs to an
existing building, building system, or portion thereof shall
conform to the provisions of the Code as they relate to new
construction without requiring the unaltered portion of the
existing building or building system to comply with the Code.
The following need not comply with the Code, provided that the
energy use of the building is not increased: (i) storm windows
installed over existing fenestration, (ii) glass-only
replacements in an existing sash and frame, (iii) existing
ceiling, wall, or floor cavities exposed during construction,
provided that these cavities are filled with insulation, and
(iv) construction where the existing roof, wall, or floor is
not exposed.
    (d) A unit of local government that does not regulate
energy efficient building standards is not required to adopt,
enforce, or administer the Code; however, any energy efficient
building standards adopted by a unit of local government must
comply with this Act. If a unit of local government does not
regulate energy efficient building standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 96-778, eff. 8-28-09.)
    (20 ILCS 3125/25)
    Sec. 25. Technical assistance.
    (a) The Department shall make available to builders,
designers, engineers, and architects implementation materials
and training to that explain the requirements of the Code and
describe methods of compliance acceptable to Code Enforcement
    (b) The materials shall include software tools, simplified
prescriptive options, and other materials as appropriate. The
simplified materials shall be designed for projects in which a
design professional may not be involved.
    (c) The Department shall provide local jurisdictions with
technical assistance concerning implementation and enforcement
of the Code.
(Source: P.A. 93-936, eff. 8-13-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012