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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 |
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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 |
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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 |
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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 |
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(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.
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(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)
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(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 |
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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.
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(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: |
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"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 |
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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.)
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Section 10. The Illinois Residential Building
Code
Act is |
amended by changing Sections 10 and 15 as follows:
|
(815 ILCS 670/10)
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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.
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"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 |
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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)
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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 |
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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.)
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