Bill Amendment: IL SB0643 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0643 Detail]
Download: Illinois-2025-SB0643-Senate_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0643 Detail]
Download: Illinois-2025-SB0643-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 643 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 643 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Counties Code is amended by adding | ||||||
| 5 | Division 48 as follows: | ||||||
| 6 | (55 ILCS 5/Art. 5 Div. 48 heading new) | ||||||
| 7 | DIVISION 48. BUILDING INSPECTIONS | ||||||
| 8 | (55 ILCS 5/5-48001 new) | ||||||
| 9 | Sec. 5-48001. Findings and purpose. | ||||||
| 10 | (a) The General Assembly finds and declares that: | ||||||
| 11 | (1) Uncertain and lengthy building permit review and | ||||||
| 12 | inspection timelines add costs, delay community | ||||||
| 13 | investment, and make it harder to deliver housing across | ||||||
| 14 | the State. | ||||||
| 15 | (2) Ensuring predictable, efficient, and transparent | ||||||
| 16 | review processes is a matter of statewide concern | ||||||
| |||||||
| |||||||
| 1 | affecting housing supply, public safety, and economic | ||||||
| 2 | competitiveness. | ||||||
| 3 | (3) Several states, including Florida, Arizona, | ||||||
| 4 | Tennessee, Texas, and New Hampshire, have adopted | ||||||
| 5 | third-party plan review and inspection systems that | ||||||
| 6 | accelerate development timelines while maintaining safety | ||||||
| 7 | and code compliance. | ||||||
| 8 | (4) By setting statewide expectations and offering | ||||||
| 9 | qualified third-party review options when local deadlines | ||||||
| 10 | are exceeded, Illinois can reduce avoidable delays and | ||||||
| 11 | help advance needed housing and commercial development in | ||||||
| 12 | communities large and small. | ||||||
| 13 | (b) It is the purpose of this Division to create a | ||||||
| 14 | statewide third-party plan review and inspection framework, to | ||||||
| 15 | establish uniform county deadlines, and to ensure that all | ||||||
| 16 | applicants may obtain timely approvals necessary to advance | ||||||
| 17 | construction while maintaining public safety and building-code | ||||||
| 18 | standards. | ||||||
| 19 | (55 ILCS 5/5-48002 new) | ||||||
| 20 | Sec. 5-48002. Definitions. As used in this Act: | ||||||
| 21 | "Business day" means any day other than a Saturday, | ||||||
| 22 | Sunday, or State-recognized or county-recognized holiday. | ||||||
| 23 | "Complete application" means a building permit application | ||||||
| 24 | that includes all forms, fees, documents, site plans, and | ||||||
| 25 | other materials required by local ordinance. | ||||||
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| 1 | "Qualified third-party inspector" means a person who: | ||||||
| 2 | (1) is a licensed architect or engineer; and | ||||||
| 3 | (2) holds a current and active certification issued by | ||||||
| 4 | the International Code Council, the National Fire | ||||||
| 5 | Protection Association, or the International Association | ||||||
| 6 | of Plumbing and Mechanical Officials, or one of their | ||||||
| 7 | successor organizations; and | ||||||
| 8 | (3) demonstrates an understanding of local codes and | ||||||
| 9 | amendments thereto. | ||||||
| 10 | "Qualified third-party plan reviewer" means a person who: | ||||||
| 11 | (1) is a licensed architect or engineer under the laws | ||||||
| 12 | of this State; | ||||||
| 13 | (2) holds a current and active certification issued by | ||||||
| 14 | the International Code Council, the National Fire | ||||||
| 15 | Protection Association, the Independent Alliance of the | ||||||
| 16 | Electrical Industry, or the International Association of | ||||||
| 17 | Plumbing and Mechanical Officials, or one of their | ||||||
| 18 | successor organizations; and | ||||||
| 19 | (3) demonstrates an understanding of local codes and | ||||||
| 20 | amendments of local codes. | ||||||
| 21 | "Single-trade permit" means any construction project on | ||||||
| 22 | the property of a one-family or 2-family residential building | ||||||
| 23 | that requires a permit or approval pursuant to a building code | ||||||
| 24 | that is limited to a single construction discipline, including | ||||||
| 25 | erecting, installing, enlarging, altering, repairing, | ||||||
| 26 | removing, converting, or replacing: | ||||||
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| |||||||
| 1 | (1) a heating, ventilation, and air conditioning | ||||||
| 2 | system; | ||||||
| 3 | (2) a heat pump system; | ||||||
| 4 | (3) a water heater or water-treatment appliance; | ||||||
| 5 | (4) a solar photovoltaic system, a solar thermal | ||||||
| 6 | system, an energy storage system, or a combination system; | ||||||
| 7 | (5) an electric vehicle charging station and related | ||||||
| 8 | equipment; | ||||||
| 9 | (6) roofing; | ||||||
| 10 | (7) exterior openings; | ||||||
| 11 | (8) stucco, plaster, or siding; or | ||||||
| 12 | (9) fencing. | ||||||
| 13 | (55 ILCS 5/5-48005 new) | ||||||
| 14 | Sec. 5-48005. Applicability. This Division applies to all | ||||||
| 15 | counties, including home-rule units. | ||||||
| 16 | (55 ILCS 5/5-48010 new) | ||||||
| 17 | Sec. 5-48010. County plan review timelines. | ||||||
| 18 | (a) A county shall complete its initial plan review within | ||||||
| 19 | 30 business days after receipt of a complete application for a | ||||||
| 20 | one-family residential project, a 2-family residential | ||||||
| 21 | project, or any multifamily, mixed-use, or commercial project. | ||||||
| 22 | (b) For single-trade permits, a county shall complete its | ||||||
| 23 | permit review within 3 business days after receipt of a | ||||||
| 24 | complete application for an installation or addition to, or | ||||||
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| |||||||
| 1 | repair, alteration, or remodeling of a one-family or 2-family | ||||||
| 2 | residential project. | ||||||
| 3 | (c) A county shall issue written comments or approval | ||||||
| 4 | within the applicable deadline. | ||||||
| 5 | (d) For any subsequent review cycle after the applicant | ||||||
| 6 | submits revisions responding to comments, the county shall | ||||||
| 7 | complete its review within 10 business days of receipt of | ||||||
| 8 | revisions. | ||||||
| 9 | (e) Failure to meet any deadline under this Section | ||||||
| 10 | triggers the applicant's right to use a qualified third-party | ||||||
| 11 | plan reviewer under Section 5-48020. | ||||||
| 12 | (55 ILCS 5/5-48015 new) | ||||||
| 13 | Sec. 5-48015. Inspection timelines. | ||||||
| 14 | (a) A county shall conduct any required inspection within | ||||||
| 15 | 5 business days after receipt of a request. | ||||||
| 16 | (b) Failure to conduct the inspection within the required | ||||||
| 17 | period triggers the applicant's right to use a qualified | ||||||
| 18 | third-party inspector under Section 5-48025. | ||||||
| 19 | (55 ILCS 5/5-48020 new) | ||||||
| 20 | Sec. 5-48020. Use of qualified third-party plan reviewers | ||||||
| 21 | upon missed deadline. | ||||||
| 22 | (a) If a county fails to complete its plan review within | ||||||
| 23 | the deadlines established under Section 5-48010, then the | ||||||
| 24 | applicant may retain a qualified third-party plan reviewer. | ||||||
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| |||||||
| 1 | (b) A county shall accept any plan review submitted by a | ||||||
| 2 | qualified third-party plan reviewer as meeting the county's | ||||||
| 3 | requirements if the review demonstrates compliance with the | ||||||
| 4 | applicable building codes. However, if the county completes | ||||||
| 5 | its plan review before receiving a compliant plan review from | ||||||
| 6 | a qualified third-party reviewer, the county may rely on its | ||||||
| 7 | own plan review. | ||||||
| 8 | (c) A county shall issue the permit within 2 business days | ||||||
| 9 | after receiving a compliant third-party plan review. | ||||||
| 10 | (d) A county may not require a second review, impose | ||||||
| 11 | additional comments, or delay issuance once a qualified review | ||||||
| 12 | has been submitted. This includes requiring changes to | ||||||
| 13 | approved permit drawings during construction. Once a permit | ||||||
| 14 | has been approved, inspectors shall not request design changes | ||||||
| 15 | or additional requirements beyond what is reflected in the | ||||||
| 16 | approved plan, except as permitted under Section 5-48030. | ||||||
| 17 | (55 ILCS 5/5-48025 new) | ||||||
| 18 | Sec. 5-48025. Use of qualified third-party inspectors upon | ||||||
| 19 | missed deadline. | ||||||
| 20 | (a) If a county fails to conduct a required inspection | ||||||
| 21 | within 5 business days, then the applicant may retain a | ||||||
| 22 | qualified third-party inspector. | ||||||
| 23 | (b) A county shall accept inspection reports submitted | ||||||
| 24 | under this Section as satisfying local inspection requirements | ||||||
| 25 | if the report demonstrates compliance with the building code. | ||||||
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| |||||||
| 1 | (c) A county shall issue any required approval, | ||||||
| 2 | certificate, or authorization within one business day after | ||||||
| 3 | receiving a compliant inspection report. | ||||||
| 4 | (55 ILCS 5/5-48030 new) | ||||||
| 5 | Sec. 5-48030. County audit authority. | ||||||
| 6 | (a) A county retains full authority to audit any qualified | ||||||
| 7 | third-party plan review or inspection for compliance with | ||||||
| 8 | applicable codes. Nothing in this Division limits a county's | ||||||
| 9 | authority to issue stop-work orders, withhold certificates of | ||||||
| 10 | occupancy, or pursue enforcement actions if the county audit | ||||||
| 11 | authority makes a written finding of material noncompliance | ||||||
| 12 | with the Division, detailing each case of material | ||||||
| 13 | noncompliance. | ||||||
| 14 | (b) An audit may not delay issuance of a permit or | ||||||
| 15 | authorization submitted under Section 5-48020 or 5-48025. | ||||||
| 16 | (c) If a county identifies material noncompliance, then it | ||||||
| 17 | may pursue enforcement actions available under its code | ||||||
| 18 | authority and report the findings to the Department of | ||||||
| 19 | Financial and Professional Regulation or the applicable | ||||||
| 20 | credentialing organization. | ||||||
| 21 | (d) A county may require reasonable documentation | ||||||
| 22 | demonstrating that a qualified third-party plan reviewer or | ||||||
| 23 | qualified third-party inspector meets the qualification | ||||||
| 24 | requirements of this Division, including proof that the | ||||||
| 25 | qualified third-party plan reviewer's or qualified third-party | ||||||
| |||||||
| |||||||
| 1 | inspector's licensure or certification is current and active. | ||||||
| 2 | (e) Nothing in this Division shall be construed to | ||||||
| 3 | transfer liability for code compliance or construction defects | ||||||
| 4 | from the owner, design professional, or contractor. | ||||||
| 5 | (55 ILCS 5/5-48035 new) | ||||||
| 6 | Sec. 5-48035. Fees; fee parity. | ||||||
| 7 | (a) In the absence of a county plan review or county | ||||||
| 8 | inspection, a county may not charge plan review or inspection | ||||||
| 9 | fees for any portion of the review process or inspection | ||||||
| 10 | process performed by a qualified third-party plan reviewer or | ||||||
| 11 | qualified third-party inspector. | ||||||
| 12 | (b) Fees charged by a qualified third-party plan reviewer | ||||||
| 13 | may not exceed the county's standard fees for the same | ||||||
| 14 | service. | ||||||
| 15 | (c) A county shall reduce its fees proportionally when an | ||||||
| 16 | applicant uses a qualified third-party plan reviewer or | ||||||
| 17 | qualified third-party inspector for only one portion of the | ||||||
| 18 | process. | ||||||
| 19 | (d) An applicant who retains a qualified third-party plan | ||||||
| 20 | reviewer or a qualified third-party inspector is solely liable | ||||||
| 21 | for costs incurred for the indicated services. A county is not | ||||||
| 22 | liable for fees of a qualified third-party plan reviewer or | ||||||
| 23 | qualified third-party inspector. | ||||||
| 24 | (55 ILCS 5/5-48040 new) | ||||||
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| 1 | Sec. 5-48040. Conflicts of interest. | ||||||
| 2 | (a) A qualified third-party plan reviewer may not review | ||||||
| 3 | plans if: | ||||||
| 4 | (1) the qualified third-party plan reviewer, an | ||||||
| 5 | employee of the qualified third-party plan reviewer, or | ||||||
| 6 | qualified third-party plan reviewer's employer was | ||||||
| 7 | involved in making the plans; or | ||||||
| 8 | (2) the plans are for work to be performed on property | ||||||
| 9 | owned by the qualified third-party plan reviewer, an | ||||||
| 10 | employee of the qualified third-party plan reviewer, or | ||||||
| 11 | qualified third-party plan reviewer's employer. | ||||||
| 12 | (b) A qualified third-party inspector may not inspect work | ||||||
| 13 | if the qualified third-party inspector, an employee of the | ||||||
| 14 | qualified third-party inspector, or qualified third-party | ||||||
| 15 | inspector's employer: | ||||||
| 16 | (1) performed any of the work; | ||||||
| 17 | (2) planned any of the work; or | ||||||
| 18 | (3) is the owner of the property on which the work was | ||||||
| 19 | performed. | ||||||
| 20 | (c) A qualified third-party plan reviewer or qualified | ||||||
| 21 | third-party inspector shall disclose any potential conflict of | ||||||
| 22 | interest to the applicant and the county before accepting an | ||||||
| 23 | engagement. | ||||||
| 24 | (55 ILCS 5/5-48045 new) | ||||||
| 25 | Sec. 5-48045. County immunity. Nothing in this Division | ||||||
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| |||||||
| 1 | shall be construed to: | ||||||
| 2 | (1) find a county liable for contracts or agreements | ||||||
| 3 | between an applicant and a third-party plan review or | ||||||
| 4 | third-party inspector for unfulfilled or delayed | ||||||
| 5 | third-party plan reviews or inspections. | ||||||
| 6 | (2) grant an applicant the right to obtain relief | ||||||
| 7 | against a local public entity or public employee if a | ||||||
| 8 | third-party plan reviewer or inspector fails to conduct a | ||||||
| 9 | required plan review or inspection. | ||||||
| 10 | (55 ILCS 5/5-48050 new) | ||||||
| 11 | Sec. 5-48050. Home rule preemption. A home rule unit may | ||||||
| 12 | not regulate plan reviews or building inspections in a manner | ||||||
| 13 | inconsistent with this Division. This Division is a limitation | ||||||
| 14 | under subsection (i) of Section 6 of Article VII of the | ||||||
| 15 | Illinois Constitution on the concurrent exercise by home rule | ||||||
| 16 | units of powers and functions exercised by the State. | ||||||
| 17 | (55 ILCS 5/5-48097 new) | ||||||
| 18 | Sec. 5-48097. Severability. The provisions of this | ||||||
| 19 | Division are severable under Section 1.31 of the Statute on | ||||||
| 20 | Statutes. | ||||||
| 21 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 22 | adding Division 31.2 as follows: | ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/Art. 11 Div. 31.2 heading new) | ||||||
| 2 | DIVISION 31.2. BUILDING INSPECTIONS | ||||||
| 3 | (65 ILCS 5/11-31.2-1 new) | ||||||
| 4 | Sec. 11-31.2-1. Findings and purpose. | ||||||
| 5 | (a) The General Assembly finds and declares that: | ||||||
| 6 | (1) Uncertain and lengthy building permit review and | ||||||
| 7 | inspection timelines add costs, delay community | ||||||
| 8 | investment, and make it harder to deliver housing across | ||||||
| 9 | the State. | ||||||
| 10 | (2) Ensuring predictable, efficient, and transparent | ||||||
| 11 | review processes is a matter of statewide concern | ||||||
| 12 | affecting housing supply, public safety, and economic | ||||||
| 13 | competitiveness. | ||||||
| 14 | (3) Several states, including Florida, Arizona, | ||||||
| 15 | Tennessee, Texas, and New Hampshire, have adopted | ||||||
| 16 | third-party plan review and inspection systems that | ||||||
| 17 | accelerate development timelines while maintaining safety | ||||||
| 18 | and code compliance. | ||||||
| 19 | (4) By setting statewide expectations and offering | ||||||
| 20 | qualified third-party review options when local deadlines | ||||||
| 21 | are exceeded, Illinois can reduce avoidable delays and | ||||||
| 22 | help advance needed housing and commercial development in | ||||||
| 23 | communities large and small. | ||||||
| 24 | (b) It is the purpose of this Division to create a | ||||||
| 25 | statewide third-party plan review and inspection framework, to | ||||||
| |||||||
| |||||||
| 1 | establish uniform municipal deadlines, and to ensure that all | ||||||
| 2 | applicants may obtain timely approvals necessary to advance | ||||||
| 3 | construction while maintaining public safety and building-code | ||||||
| 4 | standards. | ||||||
| 5 | (65 ILCS 5/11-31.2-2 new) | ||||||
| 6 | Sec. 11-31.2-2. Definitions. As used in this Act: | ||||||
| 7 | "Business day" means any day other than a Saturday, | ||||||
| 8 | Sunday, or State-recognized or municipally-recognized holiday. | ||||||
| 9 | "Complete application" means a building permit application | ||||||
| 10 | that includes all forms, fees, documents, site plans, and | ||||||
| 11 | other materials required by local ordinance. | ||||||
| 12 | "Qualified third-party inspector" means a person who: | ||||||
| 13 | (1) is a licensed architect or engineer; and | ||||||
| 14 | (2) holds a current and active certification issued by | ||||||
| 15 | the International Code Council, the National Fire | ||||||
| 16 | Protection Association, or the International Association | ||||||
| 17 | of Plumbing and Mechanical Officials, or one of their | ||||||
| 18 | successor organizations; and | ||||||
| 19 | (3) demonstrates an understanding of local codes and | ||||||
| 20 | the local codes amendments. | ||||||
| 21 | "Qualified third-party plan reviewer" means a person who: | ||||||
| 22 | (1) is a licensed architect or engineer under the laws | ||||||
| 23 | of this State; | ||||||
| 24 | (2) holds a current and active certification issued by | ||||||
| 25 | the International Code Council, the National Fire | ||||||
| |||||||
| |||||||
| 1 | Protection Association, the Independent Alliance of the | ||||||
| 2 | Electrical Industry, or the International Association of | ||||||
| 3 | Plumbing and Mechanical Officials, or one of their | ||||||
| 4 | successor organizations; and | ||||||
| 5 | (3) demonstrates an understanding of local codes and | ||||||
| 6 | the local codes amendments. | ||||||
| 7 | "Single-trade permit" means any construction project on | ||||||
| 8 | the property of a one-family or 2-family residential building | ||||||
| 9 | that requires a permit or approval pursuant to a building code | ||||||
| 10 | that is limited to a single construction discipline including | ||||||
| 11 | erecting, installing, enlarging, altering, repairing, | ||||||
| 12 | removing, converting, or replacing: | ||||||
| 13 | (1) a heating, ventilation, and air conditioning | ||||||
| 14 | system; | ||||||
| 15 | (2) a heat pump system; | ||||||
| 16 | (3) a water heater or water-treatment appliance; | ||||||
| 17 | (4) a solar photovoltaic system, a solar thermal | ||||||
| 18 | system, an energy storage system, or a combination system; | ||||||
| 19 | (5) an electric vehicle charging station and related | ||||||
| 20 | equipment; | ||||||
| 21 | (6) roofing; | ||||||
| 22 | (7) exterior openings; | ||||||
| 23 | (8) stucco, plaster, or siding; or | ||||||
| 24 | (9) fencing. | ||||||
| 25 | (65 ILCS 5/11-31.2-5 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11-31.2-5. Applicability. This Division applies to | ||||||
| 2 | all municipalities, including home-rule units. | ||||||
| 3 | (65 ILCS 5/11-31.2-10 new) | ||||||
| 4 | Sec. 11-31.2-10. Municipal plan review timelines. | ||||||
| 5 | (a) A municipality shall complete its initial plan review | ||||||
| 6 | within 30 business days after receipt of a complete | ||||||
| 7 | application for a one-family residential project, a 2-family | ||||||
| 8 | residential project, or any multifamily, mixed-use, or | ||||||
| 9 | commercial project. | ||||||
| 10 | (b) For single-trade permits, a municipality shall | ||||||
| 11 | complete its permit review within 3 business days after | ||||||
| 12 | receipt of a complete application for an installation or | ||||||
| 13 | addition to, or repair, alteration, or remodeling of a | ||||||
| 14 | one-family or 2-family residential project. | ||||||
| 15 | (c) A municipality shall issue written comments or | ||||||
| 16 | approval within the applicable deadline. | ||||||
| 17 | (d) For any subsequent review cycle after the applicant | ||||||
| 18 | submits revisions responding to comments, the municipality | ||||||
| 19 | shall complete review within 10 business days of receipt of | ||||||
| 20 | revisions. | ||||||
| 21 | (e) Failure to meet any deadline under this Section | ||||||
| 22 | triggers the applicant's right to use a qualified third-party | ||||||
| 23 | plan reviewer under Section 11-31.2-20. | ||||||
| 24 | (65 ILCS 5/11-31.2-15 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11-31.2-15. Inspection timelines. | ||||||
| 2 | (a) A municipality shall conduct any required inspection | ||||||
| 3 | within 5 business days after receipt of a request. | ||||||
| 4 | (b) Failure to conduct the inspection within the required | ||||||
| 5 | period triggers the applicant's right to use a qualified | ||||||
| 6 | third-party inspector under Section 11-31.2-25. | ||||||
| 7 | (65 ILCS 5/11-31.2-20 new) | ||||||
| 8 | Sec. 11-31.2-20. Use of qualified third-party plan | ||||||
| 9 | reviewers upon missed deadline. | ||||||
| 10 | (a) If a municipality fails to complete its plan review | ||||||
| 11 | within the deadlines established under Section 11-31.2-10, | ||||||
| 12 | then the applicant may retain a qualified third-party plan | ||||||
| 13 | reviewer. | ||||||
| 14 | (b) A municipality shall accept any plan review submitted | ||||||
| 15 | by a qualified third-party plan reviewer as meeting the | ||||||
| 16 | municipality's requirements if the review demonstrates | ||||||
| 17 | compliance with the applicable building codes. However, if the | ||||||
| 18 | municipality completes its plan review before receiving a | ||||||
| 19 | compliant plan review from a qualified third-party reviewer, | ||||||
| 20 | the municipality may rely on its own plan review. | ||||||
| 21 | (c) A municipality shall issue the permit within 2 | ||||||
| 22 | business days after receiving a compliant third-party plan | ||||||
| 23 | review. | ||||||
| 24 | (d) A municipality may not require a second review, impose | ||||||
| 25 | additional comments, or delay issuance once a compliant review | ||||||
| |||||||
| |||||||
| 1 | has been submitted. This includes requiring changes to | ||||||
| 2 | approved permit drawings during construction. Once a permit | ||||||
| 3 | has been approved, inspectors shall not request design changes | ||||||
| 4 | or additional requirements beyond what is reflected in the | ||||||
| 5 | approved plan, except as permitted under Section 11-31.2-30. | ||||||
| 6 | (65 ILCS 5/11-31.2-25 new) | ||||||
| 7 | Sec. 11-31.2-25. Use of qualified third-party inspectors | ||||||
| 8 | upon missed deadline. | ||||||
| 9 | (a) If a municipality fails to conduct a required | ||||||
| 10 | inspection within 5 business days, then the applicant may | ||||||
| 11 | retain a qualified third-party inspector. | ||||||
| 12 | (b) Municipalities shall accept inspection reports | ||||||
| 13 | submitted under this Section as satisfying local inspection | ||||||
| 14 | requirements if the report demonstrates compliance with the | ||||||
| 15 | building code. | ||||||
| 16 | (c) A municipality shall issue any required approval, | ||||||
| 17 | certificate, or authorization within one business day after | ||||||
| 18 | receiving a compliant inspection report. | ||||||
| 19 | (65 ILCS 5/11-31.2-30 new) | ||||||
| 20 | Sec. 11-31.2-30. Municipal audit authority. | ||||||
| 21 | (a) A municipality retains full authority to audit any | ||||||
| 22 | third-party plan review or inspection for compliance with | ||||||
| 23 | applicable codes. Nothing in this Division limits a | ||||||
| 24 | municipality's authority to issue stop-work orders, withhold | ||||||
| |||||||
| |||||||
| 1 | certificates of occupancy, or pursue enforcement actions if | ||||||
| 2 | the municipal authority makes a written finding of material | ||||||
| 3 | noncompliance with the Division, detailing each case of | ||||||
| 4 | material noncompliance. | ||||||
| 5 | (b) An audit may not delay issuance of a permit or | ||||||
| 6 | authorization submitted under Section 11-31.2-20 or | ||||||
| 7 | 11-31.2-25. | ||||||
| 8 | (c) If a municipality identifies material noncompliance, | ||||||
| 9 | then it may pursue enforcement actions available under its | ||||||
| 10 | code authority and report the findings to the Department of | ||||||
| 11 | Financial and Professional Regulation or applicable | ||||||
| 12 | credentialing organization. | ||||||
| 13 | (d) A municipality may require reasonable documentation | ||||||
| 14 | demonstrating that a qualified third-party plan reviewer or | ||||||
| 15 | qualified third-party inspector meets the qualification | ||||||
| 16 | requirements of this Division, including proof that the | ||||||
| 17 | qualified third-party plan reviewer's or qualified third-party | ||||||
| 18 | inspector's licensure or certification is current and active. | ||||||
| 19 | (e) Nothing in this Division shall be construed to | ||||||
| 20 | transfer liability for code compliance or construction defects | ||||||
| 21 | from the owner, design professional, or contractor. | ||||||
| 22 | (65 ILCS 5/11-31.2-35 new) | ||||||
| 23 | Sec. 11-31.2-35. Fees; fee parity. | ||||||
| 24 | (a) In the absence of a municipal plan review or municipal | ||||||
| 25 | inspection, a municipality may not charge plan review or | ||||||
| |||||||
| |||||||
| 1 | inspection fees for any portion of the review process or | ||||||
| 2 | inspection process performed by a qualified third-party plan | ||||||
| 3 | reviewer or qualified third-party inspector. | ||||||
| 4 | (b) Fees charged by a qualified third-party plan reviewer | ||||||
| 5 | may not exceed the municipality's standard fees for the same | ||||||
| 6 | service. | ||||||
| 7 | (c) A municipality shall reduce its fees proportionally | ||||||
| 8 | when an applicant uses a qualified third-party plan reviewer | ||||||
| 9 | or a qualified third-party inspector for only one portion of | ||||||
| 10 | the process. | ||||||
| 11 | (d) An applicant who retains a qualified third-party plan | ||||||
| 12 | reviewer or a qualified third-party inspector is solely liable | ||||||
| 13 | for costs incurred for the indicated services. A municipality | ||||||
| 14 | is not liable for fees of a qualified third-party plan | ||||||
| 15 | reviewer or qualified third-party inspector. | ||||||
| 16 | (65 ILCS 5/11-31.2-40 new) | ||||||
| 17 | Sec. 11-31.2-40. Conflicts of interest. | ||||||
| 18 | (a) A qualified third-party plan reviewer may not review | ||||||
| 19 | plans if: | ||||||
| 20 | (1) the qualified third-party plan reviewer, an | ||||||
| 21 | employee of the qualified third-party plan reviewer, or | ||||||
| 22 | qualified third-party plan reviewer's employer was | ||||||
| 23 | involved in making the plans; or | ||||||
| 24 | (2) the plans are for work to be performed on property | ||||||
| 25 | owned by the qualified third-party plan reviewer, an | ||||||
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| 1 | employee of the qualified third-party plan reviewer, or | ||||||
| 2 | qualified third-party plan reviewer's employer. | ||||||
| 3 | (b) A qualified third-party inspector may not inspect work | ||||||
| 4 | if the qualified third-party inspector, an employee of the | ||||||
| 5 | qualified third-party inspector, or qualified third-party | ||||||
| 6 | inspector's employer: | ||||||
| 7 | (1) performed any of the work; | ||||||
| 8 | (2) planned any of the work; or | ||||||
| 9 | (3) is the owner of the property on which the work was | ||||||
| 10 | performed. | ||||||
| 11 | (c) A qualified third-party plan reviewer or qualified | ||||||
| 12 | third-party inspector shall disclose any potential conflict of | ||||||
| 13 | interest to the applicant and the municipality before | ||||||
| 14 | accepting an engagement. | ||||||
| 15 | (65 ILCS 5/11-31.2-45 new) | ||||||
| 16 | Sec. 11-31.2-45. Municipal immunity. Nothing in this | ||||||
| 17 | Division shall be construed to: | ||||||
| 18 | (1) find a municipality liable for contracts or | ||||||
| 19 | agreements between an applicant and a third-party plan | ||||||
| 20 | reviewer or third-party inspector for unfulfilled or | ||||||
| 21 | delayed third-party plan reviews or inspections; or | ||||||
| 22 | (2) grant an applicant the right to obtain relief | ||||||
| 23 | against a local public entity or public employee if a | ||||||
| 24 | third-party plan reviewer or inspector fails to conduct a | ||||||
| 25 | required plan review or inspection. | ||||||
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| |||||||
| 1 | (65 ILCS 5/11-31.2-50 new) | ||||||
| 2 | Sec. 11-31.2-50. Home rule preemption. A home rule unit | ||||||
| 3 | may not regulate plan reviews or building inspections in a | ||||||
| 4 | manner inconsistent with this Division. This Division is a | ||||||
| 5 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 6 | the Illinois Constitution on the concurrent exercise by home | ||||||
| 7 | rule units of powers and functions exercised by the State. | ||||||
| 8 | (65 ILCS 5/11-31.2-97 new) | ||||||
| 9 | Sec. 11-31.2-97. Severability. The provisions of this | ||||||
| 10 | Division are severable under Section 1.31 of the Statute on | ||||||
| 11 | Statutes.". | ||||||
