2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 3918/ Illinois Building Commission Act.
(20 ILCS 3918/1)
Sec. 1.
Short title.
This Act may be cited as the Illinois Building Commission Act.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/5)
Sec. 5.
Definitions.
When used in this Act:
"Commission" means the Illinois Building Commission.
"State agency" has the same meaning as in Section 1‑7 of the Illinois
State Auditing Act.
"State building requirements" means any law, rule, or executive order
implemented by the State of Illinois affecting the construction of buildings in
Illinois.
"Health care provider" means a hospital as defined in the Hospital
Licensing Act.
(Source: P.A. 92‑803, eff. 8‑16‑02.)
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(20 ILCS 3918/10)
Sec. 10.
Creation.
An advisory commission, to be known as the
Illinois Building Commission, is created. The Commission
shall consist of 11
members, including: a fire official, a building official, an
architect,
a professional engineer, a structural engineer, a commercial contractor
representative, a residential construction industry representative, a
mechanical and specialty contractor representative, a labor
representative, a disability advocate, and a member of the public. The
Commission shall be appointed by the Governor, with the advice and consent of
the Senate.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/15)
Sec. 15.
Terms and reimbursement.
The fire official, architect,
structural engineer, commercial contractor representative, labor
representative, and member of the public shall serve initial terms of 2 years.
The building official, professional engineer, residential construction industry
representative, mechanical and specialty contractor representative, and
disability advocate shall serve initial terms of 3 years. Each subsequent
term shall be for 3 years. Members may be appointed for more than one term. A
chairman of the Commission shall be elected each year by the members of the
Commission. Commission members shall be reimbursed for travel expenses and
shall receive a per diem for each day that the Commission or a subcommittee on
which the member serves meets. Reimbursement shall be consistent with
the rules of the Governor's
Travel Control Board.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/20)
Sec. 20.
Subcommittees.
The Commission shall create and appoint members
and non‑members to
the following subcommittees: the planning subcommittee, the building and fire
protection subcommittee, the building envelope
subcommittee, the structural systems subcommittee, the building services
subcommittee, and the
accessibility subcommittee. There shall be at least 5 members but not more
than 9 members on each subcommittee. The subcommittees shall advise the
Commission on any item before the Commission that deals with the area of
expertise of the subcommittee.
The Commission may create any other subcommittee that it deems necessary.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/25)
Sec. 25.
Forum; dispute resolution.
The Commission shall provide an
ongoing forum for continuing dialogue regarding the purpose and duties of the
Commission. The Commission shall also serve as a forum to suggest resolution
of conflicts between State agencies, or between a State agency and another
entity that consents to the resolution forum, concerning State building
requirements.
As used in this Section, for dispute resolution arising out of Section 8 or
8.5 of the Hospital Licensing Act, "building requirements" includes the
application of building codes for new and existing construction and related
Department rules and standards under the Hospital Licensing Act, including
without limitation rules and standards for (i) design and construction, (ii)
engineering and maintenance of the physical plant, site, equipment, and
systems (heating, cooling, electrical, ventilation, plumbing, water, sewer,
and solid waste disposal), and (iii) fire and safety.
If the suggested resolution of a conflict between the Department of Public
Health and a health care provider is to (i) accept an equivalency determined
by the Fire Safety Evaluation System, (ii) waive State rules or standards, or
(iii) seek a waiver of federal rules or standards, the Commission may take
steps it deems reasonably necessary to facilitate the suggested resolution,
including preparing a waiver request and directing the Department of Public
Health to recommend the request to the appropriate federal agency.
(Source: P.A. 92‑803, eff. 8‑16‑02.)
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(20 ILCS 3918/30)
Sec. 30.
State building requirements review; compliance alternatives.
The
Commission
shall review proposed State building requirement amendments and proposed
legislation
for
conflicting requirements to current State law or current building requirements
and make recommendations concerning those amendments or laws to the proper
authority.
The Commission shall (i) suggest a
standard form for requesting compliance alternatives and modifications of State
building
requirements; (ii)
forward compliance alternatives requests to the appropriate State agency for
action;
and (iii) suggest procedures and formats for appeals of State agency decisions.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/35)
Sec. 35. Administration and enforcement of State building
requirements. The Commission shall also suggest a long‑term plan to improve
administration and enforcement of State building requirements
statewide. The plan shall include (i)
recommendations for ways the Department of Commerce and Economic Opportunity
could create a consolidated clearinghouse on all information concerning
existing
State building requirements, (ii) recommendations for
a consistent format for State building requirements,
(iii)
recommendations for a system or procedure for updating existing State building
requirements that shall include a procedure for input from the public,
(iv) recommendations for a system or procedure for the review, approval, and
appeal of building plans, and (v) recommendations for a system or procedure to
enforce the State building requirements.
The Commission shall
submit
its suggestions for creating the consolidated clearinghouse to the Department
of Commerce
and
Economic Opportunity as soon as practical after the effective
date
of this Act.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
(20 ILCS 3918/40)
Sec. 40.
Annual report.
The Commission shall submit an annual
report to the Governor and the General Assembly
regarding (i) the approval of compliance alternative requests, (ii) the
responsibilities of
the Commission, (iii) any progress toward coordination of the State's building
requirements, and (iv) recommendations for legislative action by the General
Assembly. The annual report shall be made available to the public.
The Commission may charge a reasonable fee for reproduction of the report.
(Source: P.A. 90‑269, eff. 1‑1‑98.)
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(20 ILCS 3918/45)
Sec. 45.
Assistance of the Capital Development Board.
The Capital Development Board shall assist the Commission in carrying out its functions and
responsibilities by providing administrative and staff support. The Commission
shall advise the Board of its budgetary and staff needs.
(Source: P.A. 90‑269, eff. 1‑1‑98; 91‑704, eff. 7‑1‑00.)
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(20 ILCS 3918/47)
Sec. 47.
Rules.
The Commission may adopt any rules necessary for the
administration of this Act.
(Source: P.A. 92‑803, eff. 8‑16‑02.)
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(20 ILCS 3918/50)
Sec. 50. Illinois Building Commission Fees. The
Illinois Building Commission may establish fees,
each of which may not
exceed $250, for services provided in
fulfilling its mandate under this Act, except that
for dispute resolution between the Illinois Department of Public Health and a
health
care
provider, the Commission may establish fees to be paid by the health care
provider,
which may not exceed $10,000.
All fees collected by the Commission
shall be deposited into the General Revenue Fund. The
Commission may also accept donations or moneys from any other source. The Illinois Building Commission, subject to appropriation by the General Assembly, may expend moneys to carry out
the activities of the Act, including the expenses of the Illinois Building
Commission, a clearinghouse on State building requirements, or other purposes
consistent with this Act.
(Source: P.A. 94‑91, eff. 7‑1‑05.)
(20 ILCS 3918/55)
Sec. 55.
Identification of local building codes.
Beginning on the
effective
date of this
amendatory Act of the 92nd General Assembly, a municipality with a population
of less than 1,000,000 or a county
adopting a new
building code or amending an existing building code must, at least 30 days
before
adopting the code or
amendment, provide an identification of the code, by title and edition, or the
amendment to the
Commission. The
Commission
must identify the proposed code, by the title and edition, or the amendment to
the public on the Internet
through the State of
Illinois World
Wide Web site.
The Commission may adopt any rules necessary to implement this Section.
For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities
applicable to structures
in a municipality or county, as the case may be.
(Source: P.A. 92‑489, eff. 7‑1‑02.)
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(20 ILCS 3918/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑269, eff. 1‑1‑98; text omitted.)
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