Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2368 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0510
2	1		SB2368 EnrolledLRB103 25789 SPS 52138 b SB2368 Enrolled LRB103 25789 SPS 52138 b
3	2		SB2368 Enrolled LRB103 25789 SPS 52138 b
4		-	AN ACT concerning business.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Capital Development Board Act is amended by
8		-	changing Sections 10.09-1 and 10.18 as follows:
9		-	(20 ILCS 3105/10.09-1)
10		-	Sec. 10.09-1. Certification of inspection.
11		-	(a) No After July 1, 2011, no person may occupy a newly
12		-	constructed commercial building or a substantially improved
13		-	commercial building in a non-building code jurisdiction until:
14		-	(1) The property owner or property owner's his or her
15		-	agent has first contracted for the inspection of the
16		-	building by an inspector who meets the qualifications
17		-	established by the Board; and
18		-	(2) The qualified inspector files a certification of
19		-	inspection with the municipality or county having such
20		-	jurisdiction over the property indicating that the
21		-	building complies meets compliance with all of the
22		-	building codes adopted by the Board for non-building code
23		-	jurisdictions based on the following:
24		-	(A) to the extent they do not conflict with the
25		-	codes and rules listed in subparagraphs (C) through
26		-	(F), the The current edition or most recent preceding
	3	+	1 AN ACT concerning business.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Capital Development Board Act is amended by
	7	+	5 changing Sections 10.09-1 and 10.18 as follows:
	8	+	6 (20 ILCS 3105/10.09-1)
	9	+	7 Sec. 10.09-1. Certification of inspection.
	10	+	8 (a) No After July 1, 2011, no person may occupy a newly
	11	+	9 constructed commercial building or a substantially improved
	12	+	10 commercial building in a non-building code jurisdiction until:
	13	+	11 (1) The property owner or property owner's his or her
	14	+	12 agent has first contracted for the inspection of the
	15	+	13 building by an inspector who meets the qualifications
	16	+	14 established by the Board; and
	17	+	15 (2) The qualified inspector files a certification of
	18	+	16 inspection with the municipality or county having such
	19	+	17 jurisdiction over the property indicating that the
	20	+	18 building complies meets compliance with all of the
	21	+	19 building codes adopted by the Board for non-building code
	22	+	20 jurisdictions based on the following:
	23	+	21 (A) to the extent they do not conflict with the
	24	+	22 codes and rules listed in subparagraphs (C) through
	25	+	23 (F), the The current edition or most recent preceding
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33		-	edition editions of the following codes published
34		-	developed by the International Code Council:
35		-	(i) the International Building Code, including
36		-	Appendix G and excluding Chapters 11, 13, and 29;
37		-	(ii) the International Existing Building Code;
38		-	and
39		-	(B) to the extent it does not conflict with the
40		-	codes and rules listed in subparagraphs (C) through
41		-	(F), the The current edition or most recent preceding
42		-	edition of the National Electrical Code NFPA 70
43		-	published by the National Fire Protection
44		-	Association; .
45		-	(C) either:
46		-	(i) The Energy Efficient Building Code adopted
47		-	under Section 15 of the Energy Efficient Building
48		-	Act; or
49		-	(ii) The Illinois Stretch Energy Code adopted
50		-	under Section 55 of the Energy Efficient Building
51		-	Act;
52		-	(D) the Illinois Accessibility Code adopted under
53		-	Section 4 of the Environmental Barriers Act;
54		-	(E) the Illinois Plumbing Code adopted under
55		-	Section 35 of the Illinois Plumbing License Law; and
56		-	(F) the rules adopted in accordance with Section 9
57		-	of the Fire Investigation Act.
58		-	(3) Once a building permit is issued, the applicable
	32	+	SB2368 Enrolled- 2 -LRB103 25789 SPS 52138 b SB2368 Enrolled - 2 - LRB103 25789 SPS 52138 b
	33	+	SB2368 Enrolled - 2 - LRB103 25789 SPS 52138 b
	34	+	1 edition editions of the following codes published
	35	+	2 developed by the International Code Council:
	36	+	3 (i) the International Building Code, including
	37	+	4 Appendix G and excluding Chapters 11, 13, and 29;
	38	+	5 (ii) the International Existing Building Code;
	39	+	6 and
	40	+	7 (B) to the extent it does not conflict with the
	41	+	8 codes and rules listed in subparagraphs (C) through
	42	+	9 (F), the The current edition or most recent preceding
	43	+	10 edition of the National Electrical Code NFPA 70
	44	+	11 published by the National Fire Protection
	45	+	12 Association; .
	46	+	13 (C) either:
	47	+	14 (i) The Energy Efficient Building Code adopted
	48	+	15 under Section 15 of the Energy Efficient Building
	49	+	16 Act; or
	50	+	17 (ii) The Illinois Stretch Energy Code adopted
	51	+	18 under Section 55 of the Energy Efficient Building
	52	+	19 Act;
	53	+	20 (D) the Illinois Accessibility Code adopted under
	54	+	21 Section 4 of the Environmental Barriers Act;
	55	+	22 (E) the Illinois Plumbing Code adopted under
	56	+	23 Section 35 of the Illinois Plumbing License Law; and
	57	+	24 (F) the rules adopted in accordance with Section 9
	58	+	25 of the Fire Investigation Act.
	59	+	26 (3) Once a building permit is issued, the applicable
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61		-	requirements that are in effect on January 1 of the
62		-	calendar year when the building permit was applied for,
63		-	or, where a building permit is not required, on January 1
64		-	of the calendar year when construction begins, shall be
65		-	the only requirements that apply for the duration of the
66		-	building permit or construction.
67		-	(b) (Blank). This Section does not apply to any area in a
68		-	municipality or county having jurisdiction that has registered
69		-	its adopted building code with the Board as required by
70		-	Section 55 of the Illinois Building Commission Act.
71		-	(c) The qualification requirements of this Section do not
72		-	apply to building enforcement personnel employed by a
73		-	municipality or county who are acting in their official
74		-	capacity jurisdictions as defined in subsection (b).
75		-	(d) For purposes of this Section:
76		-	"Commercial building" means any building other than: (i) a
77		-	single-family home or a dwelling containing 2 or fewer
78		-	apartments, condominiums, or townhouses; townhomes or (ii) a
79		-	farm building as exempted from Section 3 of the Illinois
80		-	Architecture Practice Act of 1989.
81		-	"Newly constructed commercial building" means any
82		-	commercial building for which original construction has
83		-	commenced on or after July 1, 2011.
84		-	"Non-building code jurisdiction" means any area of the
85		-	State in a municipality or county having jurisdiction that:
86		-	(i) has not adopted a building code; or (ii) is required to but
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89		-	has not identified its adopted building code to the Board
90		-	under Section 10.18 of the Capital Development Board Act not
91		-	subject to a building code imposed by either a county or
92		-	municipality.
93		-	"Qualified inspector" means an individual qualified by the
94		-	State of Illinois, certified as a commercial building
95		-	inspector by the International Code Council or an equivalent
96		-	by a nationally recognized building inspector official
97		-	certification organization, qualified as a construction and
98		-	building inspector by successful completion of by an
99		-	apprentice program certified by the United States Department
100		-	of Labor Bureau of Apprentice Training, or who has filed
101		-	verification of inspection experience according to rules
102		-	adopted by the Board for the purposes of conducting
103		-	inspections in non-building code jurisdictions.
104		-	"Substantial damage" means damage of any origin sustained
105		-	by a structure whereby the cost of restoring the structure to
106		-	its before-damaged condition would equal or exceed 50% of the
107		-	market value of the structure before damage occurred.
108		-	"Substantially improved commercial building" means, for
109		-	work commenced on or after January 1, 2025, any commercial
110		-	building that has undergone any repair, reconstruction,
111		-	rehabilitation, alteration, addition, or other improvement,
112		-	the cost of which equals or exceeds 50% of the market value of
113		-	the structure before the improvement or repair is started. If
114		-	a commercial building has sustained substantial damage, any
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117		-	repairs are considered substantial improvement regardless of
118		-	the actual repair work performed. "Substantially improved
119		-	commercial building" does not include: (i) any project for
120		-	improvement of a structure to correct existing violations of
121		-	State or local health, sanitary, or safety code specifications
122		-	which have been identified by the local code enforcement
123		-	official and which are the minimum necessary to assure safe
124		-	living conditions or (ii) any alteration of a historic
125		-	structure, provided that the alteration will not preclude the
126		-	structure's continued designation as a historic structure.
127		-	(e) Except as provided in Section 15 of the Illinois
128		-	Residential Building Code Act, new New residential
129		-	construction is exempt from this Section and is defined as any
130		-	original construction of a single-family home or a dwelling
131		-	containing 2 or fewer apartments, condominiums, or townhouses
132		-	townhomes in accordance with the Illinois Residential Building
133		-	Code Act.
134		-	(f) Local governments may establish agreements with other
135		-	governmental entities within the State to issue permits and
136		-	enforce building codes and may hire third-party providers that
137		-	are qualified in accordance with this Section to provide
138		-	inspection services.
139		-	(g) This Section does not limit the applicability of
140		-	regulate any other statutorily authorized code or regulation
141		-	administered by State agencies. These include without
142		-	limitation the codes and regulations listed in subparagraphs
	68	+	SB2368 Enrolled- 3 -LRB103 25789 SPS 52138 b SB2368 Enrolled - 3 - LRB103 25789 SPS 52138 b
	69	+	SB2368 Enrolled - 3 - LRB103 25789 SPS 52138 b
	70	+	1 requirements that are in effect on January 1 of the
	71	+	2 calendar year when the building permit was applied for,
	72	+	3 or, where a building permit is not required, on January 1
	73	+	4 of the calendar year when construction begins, shall be
	74	+	5 the only requirements that apply for the duration of the
	75	+	6 building permit or construction.
	76	+	7 (b) (Blank). This Section does not apply to any area in a
	77	+	8 municipality or county having jurisdiction that has registered
	78	+	9 its adopted building code with the Board as required by
	79	+	10 Section 55 of the Illinois Building Commission Act.
	80	+	11 (c) The qualification requirements of this Section do not
	81	+	12 apply to building enforcement personnel employed by a
	82	+	13 municipality or county who are acting in their official
	83	+	14 capacity jurisdictions as defined in subsection (b).
	84	+	15 (d) For purposes of this Section:
	85	+	16 "Commercial building" means any building other than: (i) a
	86	+	17 single-family home or a dwelling containing 2 or fewer
	87	+	18 apartments, condominiums, or townhouses; townhomes or (ii) a
	88	+	19 farm building as exempted from Section 3 of the Illinois
	89	+	20 Architecture Practice Act of 1989.
	90	+	21 "Newly constructed commercial building" means any
	91	+	22 commercial building for which original construction has
	92	+	23 commenced on or after July 1, 2011.
	93	+	24 "Non-building code jurisdiction" means any area of the
	94	+	25 State in a municipality or county having jurisdiction that:
	95	+	26 (i) has not adopted a building code; or (ii) is required to but
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145		-	(C) through (F) of paragraph (2) of subsection (a) Illinois
146		-	Plumbing Code, the Illinois Environmental Barriers Act, the
147		-	International Energy Conservation Code, and administrative
148		-	rules adopted by the Office of the State Fire Marshal.
149		-	(h) The changes to this Section made by this amendatory
150		-	Act of the 103rd General Assembly shall apply beginning on
151		-	January 1, 2025 This Section applies beginning July 1, 2011.
152		-	(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
153		-	(20 ILCS 3105/10.18)
154		-	Sec. 10.18. Identification of local building codes.
155		-	(a) Any municipality or county All municipalities with a
156		-	population of less than 1,000,000 or a county adopting a new
157		-	building code edition or amending an existing building code
158		-	must, at least 30 days before adopting the effective date of
159		-	the building code or amendment, identify provide an
160		-	identification of the model code being adopted, by title and
161		-	edition, and any local amendments or the amendment to the
162		-	Capital Development Board in writing.
163		-	(b) No later than 180 days after the effective date of this
164		-	amendatory Act of the 103rd General Assembly, any municipality
165		-	or county that has adopted and is enforcing a building code
166		-	must identify the adopted model code, by title and edition,
167		-	and any local amendments, to the Board in writing.
168		-	(c) For each municipality and county subject to this
169		-	Section, the The Capital Development Board must identify the
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172		-	adopted model proposed code or codes, by the title and
173		-	edition, and note if any local amendments were adopted, and
174		-	identify the date when this information was reported to the
175		-	Board made to the public on the Board's public Capital
176		-	Development Board website.
177		-	(d) For the purposes of this Section, "building code"
178		-	means a model building code adopted with or without local
179		-	amendments to regulate regulating the construction or
180		-	rehabilitation and maintenance of structures within the
181		-	municipality or county. "Building code" does not include any
182		-	zoning ordinance adopted under Division 13 of Article 11 of
183		-	the Illinois Municipal Code or Division 5-12 of Article 5 of
184		-	the Counties Code.
185		-	(e) Beginning January 1, 2025, any municipal building code
186		-	or county building code must:
187		-	(1) regulate the structural design of new buildings,
188		-	other than residential buildings, in a manner that is at
189		-	least as stringent as the baseline building code;
190		-	(2) regulate the structural design of rehabilitation
191		-	work in existing buildings, other than residential
192		-	buildings, in a manner that is at least as stringent as the
193		-	baseline existing building code; and
194		-	(3) regulate the structural design of residential
195		-	buildings in a manner that is at least as stringent as the
196		-	baseline residential code.
197		-	In this subsection:
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200		-	"Baseline building code" means the edition of the
201		-	International Building Code, including Appendix G, first
202		-	published by the International Code Council during the current
203		-	year or preceding 9 calendar years with the least restrictive
204		-	provisions for structural design.
205		-	"Baseline existing building code" means the edition of the
206		-	International Existing Building Code first published by the
207		-	International Code Council during the current year or
208		-	preceding 9 calendar years with the least restrictive
209		-	provisions for structural design.
210		-	"Baseline residential code" means the edition of the
211		-	International Residential Code for One- and Two-Family
212		-	Dwellings first published by the International Code Council
213		-	during the current year or preceding 9 calendar years with the
214		-	least restrictive provisions for structural design.
215		-	"Residential building" means a single-family home or a
216		-	dwelling containing 2 or fewer apartments, condominiums, or
217		-	townhouses.
218		-	"Structural design" means the capacity of a newly
219		-	constructed structure or altered or repaired existing
220		-	structure, including its foundation, to withstand forces,
221		-	including, but not limited to, dead loads, live loads, snow
222		-	loads, wind loads, soil loads and hydrostatic pressure, rain
223		-	loads, and earthquake loads, and to resist flood damage.
224		-	This subsection is a limitation under subsection (i) of
225		-	Section 6 of Article VII of the Illinois Constitution on the
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	106	+	1 has not identified its adopted building code to the Board
	107	+	2 under Section 10.18 of the Capital Development Board Act not
	108	+	3 subject to a building code imposed by either a county or
	109	+	4 municipality.
	110	+	5 "Qualified inspector" means an individual qualified by the
	111	+	6 State of Illinois, certified as a commercial building
	112	+	7 inspector by the International Code Council or an equivalent
	113	+	8 by a nationally recognized building inspector official
	114	+	9 certification organization, qualified as a construction and
	115	+	10 building inspector by successful completion of by an
	116	+	11 apprentice program certified by the United States Department
	117	+	12 of Labor Bureau of Apprentice Training, or who has filed
	118	+	13 verification of inspection experience according to rules
	119	+	14 adopted by the Board for the purposes of conducting
	120	+	15 inspections in non-building code jurisdictions.
	121	+	16 "Substantial damage" means damage of any origin sustained
	122	+	17 by a structure whereby the cost of restoring the structure to
	123	+	18 its before-damaged condition would equal or exceed 50% of the
	124	+	19 market value of the structure before damage occurred.
	125	+	20 "Substantially improved commercial building" means, for
	126	+	21 work commenced on or after January 1, 2025, any commercial
	127	+	22 building that has undergone any repair, reconstruction,
	128	+	23 rehabilitation, alteration, addition, or other improvement,
	129	+	24 the cost of which equals or exceeds 50% of the market value of
	130	+	25 the structure before the improvement or repair is started. If
	131	+	26 a commercial building has sustained substantial damage, any
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228		-	concurrent exercise by home rule units of powers and functions
229		-	exercised by the State.
230		-	(f) On an annual basis, the Board shall send written
231		-	notification to the corporate authorities of each municipality
232		-	and county subject to this Section of their obligations under
233		-	this Section.
234		-	(Source: P.A. 99-639, eff. 7-28-16.)
235		-	Section 10. The Illinois Residential Building Code Act is
236		-	amended by changing Sections 10 and 15 as follows:
237		-	(815 ILCS 670/10)
238		-	Sec. 10. Definitions. In this Act:
239		-	"International Residential Code" means the current edition
240		-	or the most recent preceding edition of the International
241		-	Residential Code for One- and Two-Family One and Two Family
242		-	Dwellings published by the International Code Council,
243		-	excluding Parts IV and VII as now or hereafter amended by the
244		-	Council.
245		-	"New residential construction" means any original
246		-	construction of a single-family home or a dwelling containing
247		-	2 or fewer apartments, condominiums, or townhouses town
248		-	houses.
249		-	"Non-building code jurisdiction" means any area of the
250		-	State in a municipality or county having jurisdiction that:
251		-	(i) has not adopted a residential building code; or (ii) is
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254		-	required to but has not identified its adopted residential
255		-	building code to the Board under Section 10.18 of the Capital
256		-	Development Board Act.
257		-	"Residential building code" means a model code adopted by
258		-	a municipality or county, with or without local amendments, to
259		-	regulate the construction of an ordinance, resolution, law,
260		-	housing or building code, or zoning ordinance that
261		-	establishes, for residential building contractors,
262		-	construction-related activities applicable to single-family or
263		-	2-family residential structures or townhouses within the
264		-	municipality or county.
265		-	Home builder "Residential building contractor" means any
266		-	individual, corporation, or partnership that constructs a
267		-	fixed building or structure for sale or use by another as a
268		-	residence or that, for a price, commission, fee, wage, or
269		-	other compensation, undertakes or offers to undertake the
270		-	construction of any building or structure to be used by
271		-	another as a residence, if the individual, corporation, or
272		-	partnership reasonably expects to earn a financial profit from
273		-	that activity.
274		-	(Source: P.A. 93-778, eff. 1-1-05.)
275		-	(815 ILCS 670/15)
276		-	Sec. 15. Adoption of residential building code. A contract
277		-	to build new residential construction a home (1) in any
278		-	non-building code jurisdiction municipality in this State that
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281		-	does not have a residential building code in effect or (2) in
282		-	any portion of a county that is not located within a
283		-	municipality and does not have a residential building code in
284		-	effect must adopt as part of the construction contract the
285		-	applicability of a residential building code that is agreed to
286		-	by the home builder and the home purchaser as provided in this
287		-	Section. The home builder and the home purchaser may agree to
288		-	adopt the International Residential Code or any municipal
289		-	residential building code or county residential building code
290		-	that is in effect on the first day of construction in any
291		-	county or municipality that is within 100 miles of the
292		-	location of the new home. If the home builder and the home
293		-	purchaser fail to agree to a residential building code or if no
294		-	residential building code is stated in the contract, the code
295		-	adopted under Section 15 of the Energy Efficient Building Act,
296		-	the plumbing code promulgated by the Illinois Department of
297		-	Public Health under Section 35 of the Illinois Plumbing
298		-	License Law, the National Electric Code as adopted by the
299		-	American National Standards Institute, and the current edition
300		-	of the International Residential Code shall, by law, be
301		-	adopted as part of the construction contract.
302		-	(Source: P.A. 93-778, eff. 1-1-05.)
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	142	+	1 repairs are considered substantial improvement regardless of
	143	+	2 the actual repair work performed. "Substantially improved
	144	+	3 commercial building" does not include: (i) any project for
	145	+	4 improvement of a structure to correct existing violations of
	146	+	5 State or local health, sanitary, or safety code specifications
	147	+	6 which have been identified by the local code enforcement
	148	+	7 official and which are the minimum necessary to assure safe
	149	+	8 living conditions or (ii) any alteration of a historic
	150	+	9 structure, provided that the alteration will not preclude the
	151	+	10 structure's continued designation as a historic structure.
	152	+	11 (e) Except as provided in Section 15 of the Illinois
	153	+	12 Residential Building Code Act, new New residential
	154	+	13 construction is exempt from this Section and is defined as any
	155	+	14 original construction of a single-family home or a dwelling
	156	+	15 containing 2 or fewer apartments, condominiums, or townhouses
	157	+	16 townhomes in accordance with the Illinois Residential Building
	158	+	17 Code Act.
	159	+	18 (f) Local governments may establish agreements with other
	160	+	19 governmental entities within the State to issue permits and
	161	+	20 enforce building codes and may hire third-party providers that
	162	+	21 are qualified in accordance with this Section to provide
	163	+	22 inspection services.
	164	+	23 (g) This Section does not limit the applicability of
	165	+	24 regulate any other statutorily authorized code or regulation
	166	+	25 administered by State agencies. These include without
	167	+	26 limitation the codes and regulations listed in subparagraphs
	168	+
	169	+
	170	+
	171	+
	172	+
	173	+	SB2368 Enrolled - 5 - LRB103 25789 SPS 52138 b
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	178	+	1 (C) through (F) of paragraph (2) of subsection (a) Illinois
	179	+	2 Plumbing Code, the Illinois Environmental Barriers Act, the
	180	+	3 International Energy Conservation Code, and administrative
	181	+	4 rules adopted by the Office of the State Fire Marshal.
	182	+	5 (h) The changes to this Section made by this amendatory
	183	+	6 Act of the 103rd General Assembly shall apply beginning on
	184	+	7 January 1, 2025 This Section applies beginning July 1, 2011.
	185	+	8 (Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
	186	+	9 (20 ILCS 3105/10.18)
	187	+	10 Sec. 10.18. Identification of local building codes.
	188	+	11 (a) Any municipality or county All municipalities with a
	189	+	12 population of less than 1,000,000 or a county adopting a new
	190	+	13 building code edition or amending an existing building code
	191	+	14 must, at least 30 days before adopting the effective date of
	192	+	15 the building code or amendment, identify provide an
	193	+	16 identification of the model code being adopted, by title and
	194	+	17 edition, and any local amendments or the amendment to the
	195	+	18 Capital Development Board in writing.
	196	+	19 (b) No later than 180 days after the effective date of this
	197	+	20 amendatory Act of the 103rd General Assembly, any municipality
	198	+	21 or county that has adopted and is enforcing a building code
	199	+	22 must identify the adopted model code, by title and edition,
	200	+	23 and any local amendments, to the Board in writing.
	201	+	24 (c) For each municipality and county subject to this
	202	+	25 Section, the The Capital Development Board must identify the
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	213	+	1 adopted model proposed code or codes, by the title and
	214	+	2 edition, and note if any local amendments were adopted, and
	215	+	3 identify the date when this information was reported to the
	216	+	4 Board made to the public on the Board's public Capital
	217	+	5 Development Board website.
	218	+	6 (d) For the purposes of this Section, "building code"
	219	+	7 means a model building code adopted with or without local
	220	+	8 amendments to regulate regulating the construction or
	221	+	9 rehabilitation and maintenance of structures within the
	222	+	10 municipality or county. "Building code" does not include any
	223	+	11 zoning ordinance adopted under Division 13 of Article 11 of
	224	+	12 the Illinois Municipal Code or Division 5-12 of Article 5 of
	225	+	13 the Counties Code.
	226	+	14 (e) Beginning January 1, 2025, any municipal building code
	227	+	15 or county building code must:
	228	+	16 (1) regulate the structural design of new buildings,
	229	+	17 other than residential buildings, in a manner that is at
	230	+	18 least as stringent as the baseline building code;
	231	+	19 (2) regulate the structural design of rehabilitation
	232	+	20 work in existing buildings, other than residential
	233	+	21 buildings, in a manner that is at least as stringent as the
	234	+	22 baseline existing building code; and
	235	+	23 (3) regulate the structural design of residential
	236	+	24 buildings in a manner that is at least as stringent as the
	237	+	25 baseline residential code.
	238	+	26 In this subsection:
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	249	+	1 "Baseline building code" means the edition of the
	250	+	2 International Building Code, including Appendix G, first
	251	+	3 published by the International Code Council during the current
	252	+	4 year or preceding 9 calendar years with the least restrictive
	253	+	5 provisions for structural design.
	254	+	6 "Baseline existing building code" means the edition of the
	255	+	7 International Existing Building Code first published by the
	256	+	8 International Code Council during the current year or
	257	+	9 preceding 9 calendar years with the least restrictive
	258	+	10 provisions for structural design.
	259	+	11 "Baseline residential code" means the edition of the
	260	+	12 International Residential Code for One- and Two-Family
	261	+	13 Dwellings first published by the International Code Council
	262	+	14 during the current year or preceding 9 calendar years with the
	263	+	15 least restrictive provisions for structural design.
	264	+	16 "Residential building" means a single-family home or a
	265	+	17 dwelling containing 2 or fewer apartments, condominiums, or
	266	+	18 townhouses.
	267	+	19 "Structural design" means the capacity of a newly
	268	+	20 constructed structure or altered or repaired existing
	269	+	21 structure, including its foundation, to withstand forces,
	270	+	22 including, but not limited to, dead loads, live loads, snow
	271	+	23 loads, wind loads, soil loads and hydrostatic pressure, rain
	272	+	24 loads, and earthquake loads, and to resist flood damage.
	273	+	25 This subsection is a limitation under subsection (i) of
	274	+	26 Section 6 of Article VII of the Illinois Constitution on the
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	285	+	1 concurrent exercise by home rule units of powers and functions
	286	+	2 exercised by the State.
	287	+	3 (f) On an annual basis, the Board shall send written
	288	+	4 notification to the corporate authorities of each municipality
	289	+	5 and county subject to this Section of their obligations under
	290	+	6 this Section.
	291	+	7 (Source: P.A. 99-639, eff. 7-28-16.)
	292	+	8 Section 10. The Illinois Residential Building Code Act is
	293	+	9 amended by changing Sections 10 and 15 as follows:
	294	+	10 (815 ILCS 670/10)
	295	+	11 Sec. 10. Definitions. In this Act:
	296	+	12 "International Residential Code" means the current edition
	297	+	13 or the most recent preceding edition of the International
	298	+	14 Residential Code for One- and Two-Family One and Two Family
	299	+	15 Dwellings published by the International Code Council,
	300	+	16 excluding Parts IV and VII as now or hereafter amended by the
	301	+	17 Council.
	302	+	18 "New residential construction" means any original
	303	+	19 construction of a single-family home or a dwelling containing
	304	+	20 2 or fewer apartments, condominiums, or townhouses town
	305	+	21 houses.
	306	+	22 "Non-building code jurisdiction" means any area of the
	307	+	23 State in a municipality or county having jurisdiction that:
	308	+	24 (i) has not adopted a residential building code; or (ii) is
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	319	+	1 required to but has not identified its adopted residential
	320	+	2 building code to the Board under Section 10.18 of the Capital
	321	+	3 Development Board Act.
	322	+	4 "Residential building code" means a model code adopted by
	323	+	5 a municipality or county, with or without local amendments, to
	324	+	6 regulate the construction of an ordinance, resolution, law,
	325	+	7 housing or building code, or zoning ordinance that
	326	+	8 establishes, for residential building contractors,
	327	+	9 construction-related activities applicable to single-family or
	328	+	10 2-family residential structures or townhouses within the
	329	+	11 municipality or county.
	330	+	12 Home builder "Residential building contractor" means any
	331	+	13 individual, corporation, or partnership that constructs a
	332	+	14 fixed building or structure for sale or use by another as a
	333	+	15 residence or that, for a price, commission, fee, wage, or
	334	+	16 other compensation, undertakes or offers to undertake the
	335	+	17 construction of any building or structure to be used by
	336	+	18 another as a residence, if the individual, corporation, or
	337	+	19 partnership reasonably expects to earn a financial profit from
	338	+	20 that activity.
	339	+	21 (Source: P.A. 93-778, eff. 1-1-05.)
	340	+	22 (815 ILCS 670/15)
	341	+	23 Sec. 15. Adoption of residential building code. A contract
	342	+	24 to build new residential construction a home (1) in any
	343	+	25 non-building code jurisdiction municipality in this State that
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	354	+	1 does not have a residential building code in effect or (2) in
	355	+	2 any portion of a county that is not located within a
	356	+	3 municipality and does not have a residential building code in
	357	+	4 effect must adopt as part of the construction contract the
	358	+	5 applicability of a residential building code that is agreed to
	359	+	6 by the home builder and the home purchaser as provided in this
	360	+	7 Section. The home builder and the home purchaser may agree to
	361	+	8 adopt the International Residential Code or any municipal
	362	+	9 residential building code or county residential building code
	363	+	10 that is in effect on the first day of construction in any
	364	+	11 county or municipality that is within 100 miles of the
	365	+	12 location of the new home. If the home builder and the home
	366	+	13 purchaser fail to agree to a residential building code or if no
	367	+	14 residential building code is stated in the contract, the code
	368	+	15 adopted under Section 15 of the Energy Efficient Building Act,
	369	+	16 the plumbing code promulgated by the Illinois Department of
	370	+	17 Public Health under Section 35 of the Illinois Plumbing
	371	+	18 License Law, the National Electric Code as adopted by the
	372	+	19 American National Standards Institute, and the current edition
	373	+	20 of the International Residential Code shall, by law, be
	374	+	21 adopted as part of the construction contract.
	375	+	22 (Source: P.A. 93-778, eff. 1-1-05.)
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