Bill Text: IL SB0638 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning a school building code.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0638 Detail]

Download: Illinois-2009-SB0638-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0638 Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.12 from Ch. 122, par. 2-3.12
Amends the School Code. Makes a technical change in a Section concerning a school building code.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
2-3.12 as follows:
(105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
Sec. 2-3.12. School building code.
(a) To prepare for school boards with the the advice of the
Department of Public Health, the Capital Development Board, and
the State Fire Marshal a school building code that will
conserve the health and safety and general welfare of the
pupils and school personnel and others who use public school
facilities.
(b) Within 2 years after September 23, 1983, and every 10
years thereafter, or at such other times as the State Board of
Education deems necessary or the regional superintendent so
orders, each school board subject to the provisions of this
Section shall again survey its school buildings and effectuate
any recommendations in accordance with the procedures set forth
herein.
(1) An architect or engineer licensed in the State of
Illinois is required to conduct the surveys under the
provisions of this Section and shall make a report of the

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findings of the survey titled "safety survey report" to the
school board.
(2) The school board shall approve the safety survey
report, including any recommendations to effectuate
compliance with the code, and submit it to the Regional
Superintendent.
(3) The Regional Superintendent shall render a
decision regarding approval or denial and submit the safety
survey report to the State Superintendent of Education.
(4) The State Superintendent of Education shall
approve or deny the report including recommendations to
effectuate compliance with the code and, if approved, issue
a certificate of approval.
(5) Upon receipt of the certificate of approval, the
Regional Superintendent shall issue an order to effect any
approved recommendations included in the report. The
report shall meet all of the following requirements:
(A) Items in the report shall be prioritized.
(B) Urgent items shall be considered as those items
related to life safety problems that present an
immediate hazard to the safety of students.
(C) Required items shall be considered as those
items that are necessary for a safe environment but
present less of an immediate hazard to the safety of
students.
(D) Urgent and required items shall reference a

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specific rule in the code authorized by this Section
that is currently being violated or will be violated
within the next 12 months if the violation is not
remedied.
(6) The school board of each district so surveyed and
receiving a report of needed recommendations to be made to
maintain standards of safety and health of the pupils
enrolled shall effectuate the correction of urgent items as
soon as achievable to ensure the safety of the students,
but in no case more than one year after the date of the
State Superintendent of Education's approval of the
recommendation.
(7) Required items shall be corrected in a timely
manner, but in no case more than 5 years from the date of
the State Superintendent of Education's approval of the
recommendation.
(8) Once each year the school board shall submit a
report of progress on completion of any recommendations to
effectuate compliance with the code.
(c) As soon as practicable, but not later than 2 years
after January 1, 1993, the State Board of Education shall
combine the document known as "Efficient and Adequate Standards
for the Construction of Schools" with the document known as
"Building Specifications for Health and Safety in Public
Schools" together with any modifications or additions that may
be deemed necessary. The combined document shall be known as

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the "Health/Life Safety Code for Public Schools" and shall be
the governing code for all facilities that house public school
students or are otherwise used for public school purposes,
whether such facilities are permanent or temporary and whether
they are owned, leased, rented, or otherwise used by the
district. Facilities owned by a school district but that are
not used to house public school students or are not used for
public school purposes shall be governed by separate provisions
within the code authorized by this Section.
(d) The 10 year survey cycle specified in this Section
shall continue to apply based upon the standards contained in
the "Health/Life Safety Code for Public Schools", which shall
specify building standards for buildings that are constructed
prior to January 1, 1993 and for buildings that are constructed
after that date.
(e) The "Health/Life Safety Code for Public Schools" shall
be the governing code for public schools; however, the
provisions of this Section shall not preclude inspection of
school premises and buildings pursuant to Section 9 of the Fire
Investigation Act, provided that the provisions of the
"Health/Life Safety Code for Public Schools", or such
predecessor document authorized by this Section as may be
applicable are used, and provided that those inspections are
coordinated with the Regional Superintendent having
jurisdiction over the public school facility.
(f) Nothing in this Section shall be construed to prohibit

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the State Fire Marshal or a qualified fire official to whom the
State Fire Marshal has delegated his or her authority from
conducting a fire safety check in a public school.
(g) The Regional Superintendent shall address any
violations that are not corrected in a timely manner pursuant
to subsection (b) of Section 3-14.21 of this Code.
(h) Any agency having jurisdiction beyond the scope of the
applicable document authorized by this Section may issue a
lawful order to a school board to effectuate recommendations,
and the school board receiving the order shall certify to the
Regional Superintendent and the State Superintendent of
Education when it has complied with the order.
(i) The State Board of Education is authorized to adopt any
rules that are necessary relating to the administration and
enforcement of the provisions of this Section.
(j) The code authorized by this Section shall apply only to
those school districts having a population of less than 500,000
inhabitants.
(k) In this Section, a "qualified fire official" means an
individual that meets the requirements of rules adopted by the
State Fire Marshal in cooperation with the State Board of
Education to administer this Section. These rules shall be
based on recommendations made by the task force established
under Section 2-3.137 of this Code.
(Source: P.A. 94-225, eff. 7-14-05; 94-875, eff. 7-1-06;