Public Act 103-0510
SB2368 EnrolledLRB103 25789 SPS 52138 b SB2368 Enrolled LRB103 25789 SPS 52138 b
SB2368 Enrolled LRB103 25789 SPS 52138 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Capital Development Board Act is amended by
changing Sections 10.09-1 and 10.18 as follows:
(20 ILCS 3105/10.09-1)
Sec. 10.09-1. Certification of inspection.
(a) No After July 1, 2011, no person may occupy a newly
constructed commercial building or a substantially improved
commercial building in a non-building code jurisdiction until:
(1) The property owner or property owner's his or her
agent has first contracted for the inspection of the
building by an inspector who meets the qualifications
established by the Board; and
(2) The qualified inspector files a certification of
inspection with the municipality or county having such
jurisdiction over the property indicating that the
building complies meets compliance with all of the
building codes adopted by the Board for non-building code
jurisdictions based on the following:
(A) to the extent they do not conflict with the
codes and rules listed in subparagraphs (C) through
(F), the The current edition or most recent preceding
SB2368 Enrolled LRB103 25789 SPS 52138 b
edition editions of the following codes published
developed by the International Code Council:
(i) the International Building Code, including
Appendix G and excluding Chapters 11, 13, and 29;
(ii) the International Existing Building Code;
and
(B) to the extent it does not conflict with the
codes and rules listed in subparagraphs (C) through
(F), the The current edition or most recent preceding
edition of the National Electrical Code NFPA 70
published by the National Fire Protection
Association; .
(C) either:
(i) The Energy Efficient Building Code adopted
under Section 15 of the Energy Efficient Building
Act; or
(ii) The Illinois Stretch Energy Code adopted
under Section 55 of the Energy Efficient Building
Act;
(D) the Illinois Accessibility Code adopted under
Section 4 of the Environmental Barriers Act;
(E) the Illinois Plumbing Code adopted under
Section 35 of the Illinois Plumbing License Law; and
(F) the rules adopted in accordance with Section 9
of the Fire Investigation Act.
(3) Once a building permit is issued, the applicable
requirements that are in effect on January 1 of the
calendar year when the building permit was applied for,
or, where a building permit is not required, on January 1
of the calendar year when construction begins, shall be
the only requirements that apply for the duration of the
building permit or construction.
(b) (Blank). This Section does not apply to any area in a
municipality or county having jurisdiction that has registered
its adopted building code with the Board as required by
Section 55 of the Illinois Building Commission Act.
(c) The qualification requirements of this Section do not
apply to building enforcement personnel employed by a
municipality or county who are acting in their official
capacity jurisdictions as defined in subsection (b).
(d) For purposes of this Section:
"Commercial building" means any building other than: (i) a
single-family home or a dwelling containing 2 or fewer
apartments, condominiums, or townhouses; townhomes or (ii) a
farm building as exempted from Section 3 of the Illinois
Architecture Practice Act of 1989.
"Newly constructed commercial building" means any
commercial building for which original construction has
commenced on or after July 1, 2011.
"Non-building code jurisdiction" means any area of the
State in a municipality or county having jurisdiction that:
(i) has not adopted a building code; or (ii) is required to but
has not identified its adopted building code to the Board
under Section 10.18 of the Capital Development Board Act not
subject to a building code imposed by either a county or
municipality.
"Qualified inspector" means an individual qualified by the
State of Illinois, certified as a commercial building
inspector by the International Code Council or an equivalent
by a nationally recognized building inspector official
certification organization, qualified as a construction and
building inspector by successful completion of by an
apprentice program certified by the United States Department
of Labor Bureau of Apprentice Training, or who has filed
verification of inspection experience according to rules
adopted by the Board for the purposes of conducting
inspections in non-building code jurisdictions.
"Substantial damage" means damage of any origin sustained
by a structure whereby the cost of restoring the structure to
its before-damaged condition would equal or exceed 50% of the
market value of the structure before damage occurred.
"Substantially improved commercial building" means, for
work commenced on or after January 1, 2025, any commercial
building that has undergone any repair, reconstruction,
rehabilitation, alteration, addition, or other improvement,
the cost of which equals or exceeds 50% of the market value of
the structure before the improvement or repair is started. If
a commercial building has sustained substantial damage, any
repairs are considered substantial improvement regardless of
the actual repair work performed. "Substantially improved
commercial building" does not include: (i) any project for
improvement of a structure to correct existing violations of
State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe
living conditions or (ii) any alteration of a historic
structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
(e) Except as provided in Section 15 of the Illinois
Residential Building Code Act, new New residential
construction is exempt from this Section and is defined as any
original construction of a single-family home or a dwelling
containing 2 or fewer apartments, condominiums, or townhouses
townhomes in accordance with the Illinois Residential Building
Code Act.
(f) Local governments may establish agreements with other
governmental entities within the State to issue permits and
enforce building codes and may hire third-party providers that
are qualified in accordance with this Section to provide
inspection services.
(g) This Section does not limit the applicability of
regulate any other statutorily authorized code or regulation
administered by State agencies. These include without
limitation the codes and regulations listed in subparagraphs
(C) through (F) of paragraph (2) of subsection (a) Illinois
Plumbing Code, the Illinois Environmental Barriers Act, the
International Energy Conservation Code, and administrative
rules adopted by the Office of the State Fire Marshal.
(h) The changes to this Section made by this amendatory
Act of the 103rd General Assembly shall apply beginning on
January 1, 2025 This Section applies beginning July 1, 2011.
(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
(20 ILCS 3105/10.18)
Sec. 10.18. Identification of local building codes.
(a) Any municipality or county All municipalities with a
population of less than 1,000,000 or a county adopting a new
building code edition or amending an existing building code
must, at least 30 days before adopting the effective date of
the building code or amendment, identify provide an
identification of the model code being adopted, by title and
edition, and any local amendments or the amendment to the
Capital Development Board in writing.
(b) No later than 180 days after the effective date of this
amendatory Act of the 103rd General Assembly, any municipality
or county that has adopted and is enforcing a building code
must identify the adopted model code, by title and edition,
and any local amendments, to the Board in writing.
(c) For each municipality and county subject to this
Section, the The Capital Development Board must identify the
adopted model proposed code or codes, by the title and
edition, and note if any local amendments were adopted, and
identify the date when this information was reported to the
Board made to the public on the Board's public Capital
Development Board website.
(d) For the purposes of this Section, "building code"
means a model building code adopted with or without local
amendments to regulate regulating the construction or
rehabilitation and maintenance of structures within the
municipality or county. "Building code" does not include any
zoning ordinance adopted under Division 13 of Article 11 of
the Illinois Municipal Code or Division 5-12 of Article 5 of
the Counties Code.
(e) Beginning January 1, 2025, any municipal building code
or county building code must:
(1) regulate the structural design of new buildings,
other than residential buildings, in a manner that is at
least as stringent as the baseline building code;
(2) regulate the structural design of rehabilitation
work in existing buildings, other than residential
buildings, in a manner that is at least as stringent as the
baseline existing building code; and
(3) regulate the structural design of residential
buildings in a manner that is at least as stringent as the
baseline residential code.
In this subsection:
"Baseline building code" means the edition of the
International Building Code, including Appendix G, first
published by the International Code Council during the current
year or preceding 9 calendar years with the least restrictive
provisions for structural design.
"Baseline existing building code" means the edition of the
International Existing Building Code first published by the
International Code Council during the current year or
preceding 9 calendar years with the least restrictive
provisions for structural design.
"Baseline residential code" means the edition of the
International Residential Code for One- and Two-Family
Dwellings first published by the International Code Council
during the current year or preceding 9 calendar years with the
least restrictive provisions for structural design.
"Residential building" means a single-family home or a
dwelling containing 2 or fewer apartments, condominiums, or
townhouses.
"Structural design" means the capacity of a newly
constructed structure or altered or repaired existing
structure, including its foundation, to withstand forces,
including, but not limited to, dead loads, live loads, snow
loads, wind loads, soil loads and hydrostatic pressure, rain
loads, and earthquake loads, and to resist flood damage.
This subsection is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(f) On an annual basis, the Board shall send written
notification to the corporate authorities of each municipality
and county subject to this Section of their obligations under
this Section.
(Source: P.A. 99-639, eff. 7-28-16.)
Section 10. The Illinois Residential Building Code Act is
amended by changing Sections 10 and 15 as follows:
(815 ILCS 670/10)
Sec. 10. Definitions. In this Act:
"International Residential Code" means the current edition
or the most recent preceding edition of the International
Residential Code for One- and Two-Family One and Two Family
Dwellings published by the International Code Council,
excluding Parts IV and VII as now or hereafter amended by the
Council.
"New residential construction" means any original
construction of a single-family home or a dwelling containing
2 or fewer apartments, condominiums, or townhouses town
houses.
"Non-building code jurisdiction" means any area of the
State in a municipality or county having jurisdiction that:
(i) has not adopted a residential building code; or (ii) is
required to but has not identified its adopted residential
building code to the Board under Section 10.18 of the Capital
Development Board Act.
"Residential building code" means a model code adopted by
a municipality or county, with or without local amendments, to
regulate the construction of an ordinance, resolution, law,
housing or building code, or zoning ordinance that
establishes, for residential building contractors,
construction-related activities applicable to single-family or
2-family residential structures or townhouses within the
municipality or county.
Home builder "Residential building contractor" means any
individual, corporation, or partnership that constructs a
fixed building or structure for sale or use by another as a
residence or that, for a price, commission, fee, wage, or
other compensation, undertakes or offers to undertake the
construction of any building or structure to be used by
another as a residence, if the individual, corporation, or
partnership reasonably expects to earn a financial profit from
that activity.
(Source: P.A. 93-778, eff. 1-1-05.)
(815 ILCS 670/15)
Sec. 15. Adoption of residential building code. A contract
to build new residential construction a home (1) in any
non-building code jurisdiction municipality in this State that
does not have a residential building code in effect or (2) in
any portion of a county that is not located within a
municipality and does not have a residential building code in
effect must adopt as part of the construction contract the
applicability of a residential building code that is agreed to
by the home builder and the home purchaser as provided in this
Section. The home builder and the home purchaser may agree to
adopt the International Residential Code or any municipal
residential building code or county residential building code
that is in effect on the first day of construction in any
county or municipality that is within 100 miles of the
location of the new home. If the home builder and the home
purchaser fail to agree to a residential building code or if no
residential building code is stated in the contract, the code
adopted under Section 15 of the Energy Efficient Building Act,
the plumbing code promulgated by the Illinois Department of
Public Health under Section 35 of the Illinois Plumbing
License Law, the National Electric Code as adopted by the
American National Standards Institute, and the current edition
of the International Residential Code shall, by law, be
adopted as part of the construction contract.
(Source: P.A. 93-778, eff. 1-1-05.)