Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2047 Introduced 2/6/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED: New Act Creates the Design Professional Self-Certification Act. Provides that the Executive Director of the Capital Development Board shall establish a self-certification program through which a qualified design professional within a participating municipality shall be permitted to: (1) take responsibility for a project's compliance with the baseline building code; and (2) self-certify that a permit application, plans, and specifications comply with the baseline building code. Requires the Executive Director to establish requirements for design professionals to qualify for the self-certification program. Sets forth program requirements; oversight; and recordkeeping. Effective January 1, 2026. LRB104 10208 AAS 20282 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2047 Introduced 2/6/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED: New Act New Act Creates the Design Professional Self-Certification Act. Provides that the Executive Director of the Capital Development Board shall establish a self-certification program through which a qualified design professional within a participating municipality shall be permitted to: (1) take responsibility for a project's compliance with the baseline building code; and (2) self-certify that a permit application, plans, and specifications comply with the baseline building code. Requires the Executive Director to establish requirements for design professionals to qualify for the self-certification program. Sets forth program requirements; oversight; and recordkeeping. Effective January 1, 2026. LRB104 10208 AAS 20282 b LRB104 10208 AAS 20282 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2047 Introduced 2/6/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Design Professional Self-Certification Act. Provides that the Executive Director of the Capital Development Board shall establish a self-certification program through which a qualified design professional within a participating municipality shall be permitted to: (1) take responsibility for a project's compliance with the baseline building code; and (2) self-certify that a permit application, plans, and specifications comply with the baseline building code. Requires the Executive Director to establish requirements for design professionals to qualify for the self-certification program. Sets forth program requirements; oversight; and recordkeeping. Effective January 1, 2026.
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8	8	A BILL FOR
9	9	SB2047LRB104 10208 AAS 20282 b SB2047 LRB104 10208 AAS 20282 b
10	10	SB2047 LRB104 10208 AAS 20282 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Design
15	15	5 Professional Self-Certification Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Architect" means a person licensed as an architect in
18	18	8 this State.
19	19	9 "Board" means the Capital Development Board.
20	20	10 "Design professional" means an architect or a professional
21	21	11 engineer.
22	22	12 "Enforcing agency" means the municipal or county
23	23	13 construction officials.
24	24	14 "Executive Director" means the Executive Director of the
25	25	15 Capital Development Board.
26	26	16 "Professional engineer" means a person licensed as a
27	27	17 professional engineer in this State.
28	28	18 "Project" means the work identified in a construction
29	29	19 permit application and accompanying plans.
30	30	20 "Qualified design professional" means a design
31	31	21 professional who satisfies the requirements established by the
32	32	22 Board and who has not been excluded, suspended, or otherwise
33	33	23 sanctioned by the Board.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2047 Introduced 2/6/2025, by Sen. Chris Balkema SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Design Professional Self-Certification Act. Provides that the Executive Director of the Capital Development Board shall establish a self-certification program through which a qualified design professional within a participating municipality shall be permitted to: (1) take responsibility for a project's compliance with the baseline building code; and (2) self-certify that a permit application, plans, and specifications comply with the baseline building code. Requires the Executive Director to establish requirements for design professionals to qualify for the self-certification program. Sets forth program requirements; oversight; and recordkeeping. Effective January 1, 2026.
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43	43	A BILL FOR
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68	68	1 "Qualified design professional of record" means the
69	69	2 qualified design professional who prepared or supervised the
70	70	3 preparation of an application for a construction permit, and
71	71	4 the associated plans and specifications, filed with the
72	72	5 enforcing agency under the self-certification program
73	73	6 established by the Board.
74	74	7 "Self-certification" or "self-certified" means a qualified
75	75	8 design professional's submission of a permit application,
76	76	9 plans, specifications, and design professional of record
77	77	10 self-certification form to an enforcing agency.
78	78	11 "Self-certification program" or "program" means the
79	79	12 program established by the Board, requiring an enforcing
80	80	13 agency to accept an application for a construction permit, and
81	81	14 the associated plans and specifications, that have been
82	82	15 self-certified by a qualified design professional.
83	83	16 "Supervisory check" means the enforcing agency's
84	84	17 acknowledgment of receipt of all materials required to support
85	85	18 issuance of a construction permit under the baseline building
86	86	19 code.
87	87	20 Section 10. Self-certification program.
88	88	21 (a) The Executive Director of the Capital Development
89	89	22 Board shall establish a self-certification program through
90	90	23 which a qualified design professional within a participating
91	91	24 municipality shall be permitted to:
92	92	25 (1) take responsibility for a project's compliance
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103	103	1 with the baseline building code; and
104	104	2 (2) self-certify that a permit application, plans, and
105	105	3 specifications comply with the baseline building code and
106	106	4 the requirements of any applicable laws.
107	107	5 (b) Self-certification shall be available for repair and
108	108	6 alteration projects, as defined by the baseline building code,
109	109	7 in the following use groups with the following square footage
110	110	8 limitations:
111	111	9 (1) Group B occupancies up to 9,000 square feet;
112	112	10 (2) Group F-1 occupancies up to 8,500 square feet;
113	113	11 (3) Group F-2 occupancies up to 13,000 square feet;
114	114	12 (4) Group M occupancies up to 9,000 square feet;
115	115	13 (5) Group R-1 occupancies up to 7,000 square feet;
116	116	14 (6) Group R-2 occupancies up to 7,000 square feet;
117	117	15 (7) Group R-3 occupancies up to 4,800 square feet;
118	118	16 (8) Group R-4 occupancies up to 7,000 square feet;
119	119	17 (9) Group S-1 occupancies up to 9,000 square feet; and
120	120	18 (10) Group S-2 occupancies up to 13,500 square feet.
121	121	19 (c) The Executive Director, by rule, may extend
122	122	20 authorization to participate in the self-certification program
123	123	21 to projects in addition to those specified in subsection (b),
124	124	22 including, but not limited to, projects involving additional
125	125	23 categories of work, additional use groups, more extensive
126	126	24 square footage limitations, and projects and submittals
127	127	25 specified in subsection (d).
128	128	26 (d) Self-certification shall not be available for any of
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139	139	1 the following types of projects and submittals, unless the
140	140	2 Executive Director extends authorization for that type of
141	141	3 project or submittal in the self-certification program by
142	142	4 rule:
143	143	5 (1) projects that include a new commercial kitchen;
144	144	6 (2) projects that include new electrical service
145	145	7 exceeding 400 amps;
146	146	8 (3) projects that include structural alterations
147	147	9 involving lateral design;
148	148	10 (4) any project that requires a special inspection
149	149	11 under the baseline building code; and
150	150	12 (5) prototype plan submittals.
151	151	13 (e) The enforcing agency of a participating municipality
152	152	14 shall, no later than 5 calendar days after receipt of a
153	153	15 self-certified construction permit application and
154	154	16 accompanying plans and specifications, conduct a supervisory
155	155	17 check of the application materials to ascertain receipt of all
156	156	18 materials necessary to support issuance of the construction
157	157	19 permit, and upon acknowledgment of receipt of those materials,
158	158	20 issue a construction permit.
159	159	21 A permit issued under the self-certification program shall
160	160	22 have the same force and effect as a permit issued by an
161	161	23 enforcing agency after full examination and approval of the
162	162	24 construction documents. Except as otherwise provided in the
163	163	25 baseline building code, or rules adopted by the Board, an
164	164	26 approved application for a construction permit, plans or
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175	175	1 specifications, or the approval of similar construction
176	176	2 documents, shall be deemed to refer to accepted,
177	177	3 self-certified construction documents or to the acceptance of
178	178	4 construction documents, as applicable.
179	179	5 (f) The Executive Director shall establish requirements
180	180	6 for design professionals to qualify to participate in the
181	181	7 self-certification program, including, but not be limited to:
182	182	8 (1) current licensure as a design professional;
183	183	9 (2) current licensure by the Board to inspect
184	184	10 high-rise and hazardous structures for the applicable
185	185	11 baseline building code;
186	186	12 (3) authorization granted by the Board; and
187	187	13 (4) proof of or a certificate demonstrating
188	188	14 professional liability insurance coverage, issued by an
189	189	15 insurer authorized to provide insurance coverage in this
190	190	16 State, that provides coverage with limits that are no less
191	191	17 than $500,000 per claim, and $1,000,000 in the aggregate,
192	192	18 for all claims made during the policy period.
193	193	19 (g) The self-certification program shall include a
194	194	20 condition that the qualified design professional of record
195	195	21 remain with the project until the enforcing agency signs off
196	196	22 on the project through the issuance of a letter of completion
197	197	23 or certificate of approval. If the qualified design
198	198	24 professional of record withdraws from a project before the
199	199	25 enforcing agency's issuance of a letter of completion or
200	200	26 certificate of approval, all work shall cease and no permit,
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211	211	1 letter of completion, or certificate of approval shall be
212	212	2 issued until:
213	213	3 (1) a successor qualified design professional is
214	214	4 designated as the qualified design professional of record
215	215	5 and satisfies the requirements set forth in this Section;
216	216	6 and
217	217	7 (2) the successor qualified design professional
218	218	8 submits a professional certification confirming the
219	219	9 qualified design professional's concurrence with the
220	220	10 construction documents accepted by the enforcing agency;
221	221	11 or
222	222	12 (3) new construction documents are approved or
223	223	13 accepted by the enforcing agency.
224	224	14 (h) A permit issuing municipality may elect to become a
225	225	15 participating municipality under this Act by ordinance.
226	226	16 Section 15. Self-certification form.
227	227	17 (a) The Executive Director shall adopt rules to implement
228	228	18 a design professional of record self-certification form and
229	229	19 shall provide online access to the form through the Board's
230	230	20 website. A qualified design professional of record shall
231	231	21 complete and submit the form, permit application, plans, and
232	232	22 specifications to the enforcing agency. The form shall
233	233	23 include:
234	234	24 (1) a design professional of record self-certification
235	235	25 statement; and
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246	246	1 (2) the qualified design professional of record's
247	247	2 certification and attestation that:
248	248	3 (A) the qualified design professional of record
249	249	4 shall take all measures necessary to correct a false
250	250	5 or inaccurate statement provided to the enforcing
251	251	6 agency in the permit application, plans, and
252	252	7 specifications immediately after the qualified design
253	253	8 professional of record becomes aware of the false or
254	254	9 inaccurate statement, regardless of whether the false
255	255	10 or inaccurate statement was made by the qualified
256	256	11 design professional of record or the design
257	257	12 professional's agent or employee;
258	258	13 (B) the qualified design professional of record
259	259	14 acknowledges that the enforcing agency's issuance of a
260	260	15 permit under the self-certification program is reliant
261	261	16 upon the truth and accuracy of the design
262	262	17 professional's certifications set forth in the design
263	263	18 professional of record self-certification;
264	264	19 (C) the qualified design professional of record
265	265	20 agrees that if the enforcing agency determines that a
266	266	21 submitted permit application, plans, and
267	267	22 specifications do not conform to the requirements of
268	268	23 the baseline building code or other applicable law,
269	269	24 the qualified design professional of record, in a
270	270	25 timely manner, shall bring the submitted permit
271	271	26 application, plans, and specifications and all
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282	282	1 construction into conformance with the requirements of
283	283	2 the baseline building code and other applicable law,
284	284	3 and shall take all remedial measures within the
285	285	4 qualified design professional of record's control;
286	286	5 (D) the qualified design professional of record
287	287	6 acknowledges that failure to bring the submitted
288	288	7 permit application, plans, and specifications and all
289	289	8 construction into conformity with the requirements of
290	290	9 the baseline building code and other applicable law,
291	291	10 and failure to take all reasonably necessary remedial
292	292	11 measures, within the design professional's control, to
293	293	12 do so may result in revocation of the qualified design
294	294	13 professional of record's privileges under the
295	295	14 self-certification program and may result in
296	296	15 notification of the revocation to the appropriate
297	297	16 State professional licensing Board; and
298	298	17 (E) the qualified design professional agrees to
299	299	18 comply with additional certification requirements
300	300	19 imposed by rule adopted by the Executive Director.
301	301	20 (b) In order to support issuance of a construction permit
302	302	21 under the self-certification program, at the time of
303	303	22 submission of a design professional of record
304	304	23 self-certification form and a self-certified construction
305	305	24 permit application, plans, and specifications to the enforcing
306	306	25 agency, the qualified design professional of record shall
307	307	26 submit a design professional of record self-certification
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318	318	1 statement certifying that:
319	319	2 (1) the qualified design professional has been a
320	320	3 licensed architect or professional engineer for at least 3
321	321	4 years and is licensed in this State;
322	322	5 (2) within the preceding 5-year period, the qualified
323	323	6 design professional has not been convicted or found liable
324	324	7 of:
325	325	8 (A) knowingly making a false statement of material
326	326	9 fact on, or in connection with, a construction permit
327	327	10 application;
328	328	11 (B) knowingly submitting, in support of a
329	329	12 construction permit application, a document containing
330	330	13 false or fraudulent information; or
331	331	14 (C) knowingly affixing a false signature to a
332	332	15 construction permit application;
333	333	16 (3) submission to an enforcing agency of a permit
334	334	17 application, plans, and specifications, upon which the
335	335	18 stamp of the qualified design professional has been
336	336	19 affixed, indicates that each page of the application:
337	337	20 (A) was prepared by, under the direct supervision
338	338	21 of or reviewed by the qualified design professional of
339	339	22 record;
340	340	23 (B) is complete; and
341	341	24 (C) as of the date of submission, the permit
342	342	25 application, plans, and specifications comply with the
343	343	26 requirements of the baseline building code and other
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354	354	1 applicable law;
355	355	2 (4) the permit application, plans, and specifications,
356	356	3 and all technical submissions made by the qualified design
357	357	4 professional of record in connection with the
358	358	5 self-certified project, were prepared in accordance with
359	359	6 and meet the standard of care required of the profession;
360	360	7 and
361	361	8 (5) all information and assertions made in support of
362	362	9 a permit application by the qualified design professional
363	363	10 of record in the permit application, plans, and
364	364	11 specifications are true and correct.
365	365	12 (c) The Executive Director shall create and make publicly
366	366	13 accessible on the Board's website, an owner certification
367	367	14 statement, that, for each project, the owner responsible for
368	368	15 the work identified in the permit application, shall certify
369	369	16 that the owner:
370	370	17 (1) authorized the work of all professionals and
371	371	18 consultants named in the permit application and
372	372	19 accompanying plans; and
373	373	20 (2) shares joint responsibility for ensuring
374	374	21 compliance with the baseline building code.
375	375	22 (d) The Executive Director shall create and make publicly
376	376	23 available the Board's website, an owner hold harmless letter,
377	377	24 that for each project, the owner shall sign, date, and agree
378	378	25 to, and furnish to the qualified design professional of
379	379	26 record, who shall submit the letter to the enforcing agency,
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390	390	1 and which shall provide that the owner agrees:
391	391	2 (1) to protect, defend, indemnify, and hold harmless
392	392	3 the municipality and this State, and their officers,
393	393	4 representatives, managers, agents, and employees, against
394	394	5 any and all claims, liabilities, judgments, costs,
395	395	6 expenses, delays, demands, or injuries arising out of or
396	396	7 in any way connected with the design, construction,
397	397	8 baseline building code compliance review, or issuance of a
398	398	9 permit for the project identified in the permit
399	399	10 application; and
400	400	11 (2) that if any component of construction is found to
401	401	12 not conform to the requirements of the baseline building
402	402	13 code, any other applicable law, or any permit issued under
403	403	14 the self-certification program, the owner shall, without
404	404	15 undue delay, remove or modify, at the owner's own expense,
405	405	16 the nonconforming component or components of construction.
406	406	17 Section 20. Oversight by the Board.
407	407	18 (a) The Board may review any action performed by an
408	408	19 enforcing agency to ensure reasonable oversight of a project.
409	409	20 (b) All qualified design professionals shall be subject to
410	410	21 random audits by the Board to determine whether the
411	411	22 application, plans, and specifications for projects comply
412	412	23 with the requirements of the baseline building code, the
413	413	24 provisions of this Act, and other applicable laws. The Board
414	414	25 shall design and implement audits to measure the efficiency of
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425	425	1 the self-certification program and compliance with the
426	426	2 provisions of this Act.
427	427	3 The Board shall provide written notice of the results of
428	428	4 an audit to the qualified design professional of record. The
429	429	5 notification shall provide a summary of the audit results and
430	430	6 direct the qualified design professional to address all
431	431	7 violations of the baseline building code found in the audit by
432	432	8 a specific date. The specified date shall be reasonable based
433	433	9 upon the type of violations and the nature of the corrections
434	434	10 that need to be made. Failure to submit required corrections
435	435	11 may result in actions specified in subsection (c).
436	436	12 The Executive Director may assess a reasonable fee to
437	437	13 cover the costs associated with the performance of the audit.
438	438	14 (c) The Executive Director may exclude, suspend, or
439	439	15 otherwise sanction a qualified design professional for cause,
440	440	16 after providing the opportunity for a hearing, for failure to
441	441	17 submit required corrections as described in subsection (b). A
442	442	18 qualified design professional shall not be eligible to
443	443	19 participate in the self-certification program during any
444	444	20 period of probation imposed as a sanction by the Architecture
445	445	21 Licensing Board or the State Board of Professional Engineers.
446	446	22 The Executive Director, after providing a qualified design
447	447	23 professional the opportunity for an administrative hearing,
448	448	24 shall exclude or suspend a qualified design professional from
449	449	25 participating in the self-certification program or otherwise
450	450	26 condition the professional's eligibility to participate in the
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461	461	1 program, upon determining that the professional:
462	462	2 (1) knowingly or negligently submitted a
463	463	3 self-certified permit application or construction document
464	464	4 that contains false information or is not in compliance
465	465	5 with all applicable provisions of law; or
466	466	6 (2) submitted 2 self-certified permit applications or
467	467	7 construction documents within a 12-month period that
468	468	8 contained material errors that resulted in revocation of
469	469	9 construction permits or otherwise demonstrate incompetence
470	470	10 or a lack of knowledge of applicable laws.
471	471	11 (d) A qualified design professional who is excluded from
472	472	12 the program under this Section may apply for reinstatement no
473	473	13 earlier than one year after the date of exclusion. An
474	474	14 applicant who the Executive Director determines is qualified
475	475	15 to resume participation in the program shall be on probation
476	476	16 for a period of not less than 6 months after reinstatement and,
477	477	17 during that time, as a condition of reinstatement, shall
478	478	18 attend one or more trainings or continuing education courses
479	479	19 approved by the Board and related to compliance with the
480	480	20 baseline building code and related laws and rules. The design
481	481	21 professional shall submit satisfactory proof of the successful
482	482	22 completion of the training or continuing education courses to
483	483	23 the Board.
484	484	24 The Executive Director shall revoke, after the opportunity
485	485	25 for an administrative hearing, for a period of not less than 5
486	486	26 years, the self-certification privileges of a qualified design
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497	497	1 professional who, while on probation, professionally certifies
498	498	2 an application, plan, construction documents, or other
499	499	3 document that contains materially false information or is not
500	500	4 in material compliance with all applicable provisions of law,
501	501	5 or who otherwise demonstrates gross negligence or
502	502	6 incompetence, or a total disregard of applicable laws or
503	503	7 standards.
504	504	8 Nothing in this Section shall be construed to limit the
505	505	9 Executive Director's power to adopt rules that include
506	506	10 additional grounds to limit the self-certification privileges
507	507	11 of, or otherwise sanction, a qualified design professional,
508	508	12 after affording the professional an opportunity for a hearing,
509	509	13 when the Executive Director determines that the design
510	510	14 professional knowingly or negligently submitted permit
511	511	15 applications or other documents to the enforcing agency that
512	512	16 contained materially false information or were not in material
513	513	17 compliance with all applicable provisions of law, or that
514	514	18 otherwise demonstrate gross negligence or incompetence, or a
515	515	19 total disregard of applicable law or standards.
516	516	20 (e) The Board shall create and maintain a searchable
517	517	21 database on the Board's website of all qualified design
518	518	22 professionals who have been excluded, suspended, or otherwise
519	519	23 sanctioned by the Board. No later than 7 business days after
520	520	24 the date a sanction is imposed, the Board shall post on its
521	521	25 website and shall make available upon request, the name of the
522	522	26 qualified design professional, a description of the sanction,
523	523
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533	533	1 the initial date of the sanction, the reinstatement date, if
534	534	2 applicable, the address of the premises for which the
535	535	3 application associated with the sanction was submitted, and
536	536	4 whether the sanction was imposed after a hearing or through a
537	537	5 settlement. The Board shall provide requested information
538	538	6 concerning the exclusion, suspension, or other sanction of a
539	539	7 specific qualified design professional within 30 days after
540	540	8 receiving the request.
541	541	9 (f) No later than 10 business days after the Board's
542	542	10 adverse determination or sanction of a professional engineer
543	543	11 under the self-certification program, the Board shall provide
544	544	12 written notice of the adverse determination or sanction to the
545	545	13 State Board of Professional Engineers and Land Surveyors,
546	546	14 including the name and business firm name and address of the
547	547	15 professional engineer, as well as supporting documentation for
548	548	16 the sanction imposed.
549	549	17 (g) No later than 10 business days after the Board's
550	550	18 adverse determination or sanction of a registered architect
551	551	19 under the self-certification program, the Board shall provide
552	552	20 written notice of the adverse determination or sanction to the
553	553	21 Architecture Licensing Board including, the name, business
554	554	22 firm name, and address of the registered architect, as well as
555	555	23 supporting documentation for the sanction imposed.
556	556	24 (h) The Board shall not assess an adverse determination or
557	557	25 sanction against until all of a design professional's rights
558	558	26 to appeal are exhausted or have expired.
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569	569	1 Section 25. Study and report.
570	570	2 (a) The Board shall conduct a study to determine
571	571	3 construction activity that may be added to the
572	572	4 self-certification program. The Board may retain a third party
573	573	5 or consultant to conduct this study.
574	574	6 (b) No later than January 1, 2029, the Board shall submit a
575	575	7 report to the Governor and the General Assembly concerning the
576	576	8 self-certification program and the results of the study
577	577	9 conducted under subsection (a).
578	578	10 Section 30. Rulemaking. The Executive Director may adopt
579	579	11 rules as necessary to implement and administer this Act.
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