[ Back ] [ Bottom ]
92_SB1545eng
SB1545 Engrossed LRB9211370NTpk
1 AN ACT concerning schools.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 2-3.12 and 3-14.20 as follows:
6 (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
7 Sec. 2-3.12. School building code. To prepare for school
8 boards with the advice of the Department of Public Health,
9 the Capital Development Board, and the State Fire Marshal a
10 school building code that will conserve the health and safety
11 and general welfare of the pupils and school personnel and
12 others who use public school facilities.
13 The document known as "Efficient and Adequate Standards
14 for the Construction of Schools" applies only to temporary
15 school facilities, new school buildings, and additions to
16 existing schools whose construction contracts are awarded
17 after July 1, 1965. On or before July 1, 1967, each school
18 board shall have its school district buildings that were
19 constructed prior to January 1, 1955, surveyed by an
20 architect or engineer licensed in the State of Illinois as to
21 minimum standards necessary to conserve the health and safety
22 of the pupils enrolled in the school buildings of the
23 district. Buildings constructed between January 1, 1955 and
24 July 1, 1965, not owned by the State of Illinois, shall be
25 surveyed by an architect or engineer licensed in the State of
26 Illinois beginning 10 years after acceptance of the completed
27 building by the school board. Buildings constructed between
28 January 1, 1955 and July 1, 1955 and previously exempt under
29 the provisions of Section 35-27 shall be surveyed prior to
30 July 1, 1977 by an architect or engineer licensed in the
31 State of Illinois. The architect or engineer, using the
SB1545 Engrossed -2- LRB9211370NTpk
1 document known as "Building Specifications for Health and
2 Safety in Public Schools" as a guide, shall make a report of
3 the findings of the survey to the school board, giving
4 priority in that report to fire safety problems and
5 recommendations thereon if any such problems exist. The
6 school board of each district so surveyed and receiving a
7 report of needed recommendations to be made to improve
8 standards of safety and health of the pupils enrolled has
9 until July 1, 1970, or in case of buildings not owned by the
10 State of Illinois and completed between January 1, 1955 and
11 July 1, 1965 or in the case of buildings previously exempt
12 under the provisions of Section 35-27 has a period of 3 years
13 after the survey is commenced, to effectuate those
14 recommendations, giving first attention to the
15 recommendations in the survey report having priority status,
16 and is authorized to levy the tax provided for in Section
17 17-2.11, according to the provisions of that Section, to make
18 such improvements. School boards unable to effectuate those
19 recommendations prior to July 1, 1970, on July 1, 1980 in the
20 case of buildings previously exempt under the provisions of
21 Section 35-27, may petition the State Superintendent of
22 Education upon the recommendation of the Regional
23 Superintendent for an extension of time. The extension of
24 time may be granted by the State Superintendent of Education
25 for a period of one year, but may be extended from year to
26 year provided substantial progress, in the opinion of the
27 State Superintendent of Education, is being made toward
28 compliance. However, for fire protection issues, only one
29 one-year extension may be made, and no other provision of
30 this Code or an applicable code may supersede this
31 requirement. For routine inspections, fire officials shall
32 provide written notice to the superintendent of the school
33 district to schedule a date for the fire safety check.
34 Within 2 years after the effective date of this
SB1545 Engrossed -3- LRB9211370NTpk
1 amendatory Act of 1983, and every 10 years thereafter, or at
2 such other times as the State Board of Education deems
3 necessary or the regional superintendent so orders, each
4 school board subject to the provisions of this Section shall
5 again survey its school buildings and effectuate any
6 recommendations in accordance with the procedures set forth
7 herein. An architect or engineer licensed in the State of
8 Illinois is required to conduct the surveys under the
9 provisions of this Section and shall make a report of the
10 findings of the survey titled "safety survey report" to the
11 school board. The school board shall approve the safety
12 survey report, including any recommendations to effectuate
13 compliance with the code, and submit it to the Regional
14 Superintendent. The Regional Superintendent shall render a
15 decision regarding approval or denial and submit the safety
16 survey report to the State Superintendent of Education. The
17 State Superintendent of Education shall approve or deny the
18 report including recommendations to effectuate compliance
19 with the code and, if approved, issue a certificate of
20 approval. Upon receipt of the certificate of approval, the
21 Regional Superintendent shall issue an order to effect any
22 approved recommendations included in the report. Items in
23 the report shall be prioritized. Urgent items shall be
24 considered as those items related to life safety problems
25 that present an immediate hazard to the safety of students.
26 Required items shall be considered as those items that are
27 necessary for a safe environment but present less of an
28 immediate hazard to the safety of students. Urgent and
29 required items shall reference a specific rule in the code
30 authorized by this Section that is currently being violated
31 or will be violated within the next 12 months if the
32 violation is not remedied. The school board of each district
33 so surveyed and receiving a report of needed recommendations
34 to be made to maintain standards of safety and health of the
SB1545 Engrossed -4- LRB9211370NTpk
1 pupils enrolled shall effectuate the correction of urgent
2 items as soon as achievable to ensure the safety of the
3 students, but in no case more than one year after the date of
4 the State Superintendent of Education's approval of the
5 recommendation. Required items shall be corrected in a
6 timely manner, but in no case more than 5 years from the date
7 of the State Superintendent of Education's approval of the
8 recommendation. Once each year the school board shall submit
9 a report of progress on completion of any recommendations to
10 effectuate compliance with the code. For each year that the
11 school board does not effectuate any or all approved
12 recommendations, it shall petition the Regional
13 Superintendent and the State Superintendent of Education
14 detailing what work was completed in the previous year and a
15 work plan for completion of the remaining work. If in the
16 judgement of the Regional Superintendent and the State
17 Superintendent of Education substantial progress has been
18 made and just cause has been shown by the school board, the
19 petition for a one year extension of time may be approved.
20 As soon as practicable, but not later than 2 years after
21 the effective date of this amendatory Act of 1992, the State
22 Board of Education shall combine the document known as
23 "Efficient and Adequate Standards for the Construction of
24 Schools" with the document known as "Building Specifications
25 for Health and Safety in Public Schools" together with any
26 modifications or additions that may be deemed necessary. The
27 combined document shall be known as the "Health/Life Safety
28 Code for Public Schools" and shall be the governing code for
29 all facilities that house public school students or are
30 otherwise used for public school purposes, whether such
31 facilities are permanent or temporary and whether they are
32 owned, leased, rented, or otherwise used by the district.
33 Facilities owned by a school district but that are not used
34 to house public school students or are not used for public
SB1545 Engrossed -5- LRB9211370NTpk
1 school purposes shall be governed by separate provisions
2 within the code authorized by this Section.
3 The 10 year survey cycle specified in this Section shall
4 continue to apply based upon the standards contained in the
5 "Health/Life Safety Code for Public Schools", which shall
6 specify building standards for buildings that are constructed
7 prior to the effective date of this amendatory Act of 1992
8 and for buildings that are constructed after that date.
9 The "Health/Life Safety Code for Public Schools" shall be
10 the governing code for public schools; however, the
11 provisions of this Section shall not preclude inspection of
12 school premises and buildings pursuant to Section 9 of the
13 Fire Investigation Act, provided that the provisions of the
14 "Health/Life Safety Code for Public Schools", or such
15 predecessor document authorized by this Section as may be
16 applicable are used, and provided that those inspections are
17 coordinated with the Regional Superintendent having
18 jurisdiction over the public school facility. Nothing in
19 this Section shall be construed to prohibit a local fire
20 department, fire protection district, or the Office of the
21 State Fire Marshal from conducting a fire safety check in a
22 public school.
23 Any agency having jurisdiction beyond the scope of the
24 applicable document authorized by this Section may issue a
25 lawful order to a school board to effectuate recommendations,
26 and the school board receiving the order shall certify to the
27 Regional Superintendent and the State Superintendent of
28 Education when it has complied with the order.
29 The State Board of Education is authorized to adopt any
30 rules that are necessary relating to the administration and
31 enforcement of the provisions of this Section. The code
32 authorized by this Section shall apply only to those school
33 districts having a population of less than 500,000
34 inhabitants.
SB1545 Engrossed -6- LRB9211370NTpk
1 (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)
2 (105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
3 Sec. 3-14.20. Building plans and specifications. To
4 inspect the building plans and specifications, including but
5 not limited to plans and specifications for the heating,
6 ventilating, lighting, seating, water supply, toilets and
7 safety against fire of public school rooms and buildings
8 submitted to him by school boards, and to approve all those
9 which comply substantially with the building code authorized
10 in Section 2-3.12. If such plans and specifications are not
11 approved or denied approval by the regional superintendent of
12 schools within 3 months after the date on which they are
13 submitted to him or her, the school board may submit such
14 plans and specifications directly to the State Superintendent
15 of Education for approval or denial.
16 The regional superintendent of schools shall submit,
17 within 10 working days, a copy of the plans and
18 specifications for review by the local fire department or
19 fire protection district where the school is being
20 constructed or altered if the fire department or fire
21 protection district requests such a review. The fire
22 department or fire protection district may comment on the
23 plans and specifications based on the building code
24 authorized in Section 2-3.12 of the Code and, if any
25 corrective action must be taken, shall respond to the
26 regional superintendent of schools within 15 days after
27 receipt of the plans and specifications. The Office of the
28 State Fire Marshal may review the plans and specifications at
29 the request of the fire department or fire protection
30 district. The review must be conducted at no cost to the
31 school district. Upon being notified by the regional
32 superintendent of schools that corrective action must be
33 taken to resolve a violation, the school board shall take
SB1545 Engrossed -7- LRB9211370NTpk
1 corrective action within one year, except that a violation
2 that presents imminent danger must be addressed immediately.
3 (Source: P.A. 86-1312; 87-984.)
[ Top ]