20 ILCS 3105/10.09-1

Current through Public Act 103-1056

Section 20 ILCS 3105/10.09-1 - Certification of inspection

(a) No person may occupy a newly constructed commercial building or a substantially improved commercial building in a non-building code jurisdiction until:

(1) The property owner or property owner's agent has first contracted for the inspection of the building by an inspector who meets the qualifications established by the Board; and

(2) The qualified inspector files a certification of inspection with the municipality or county having such jurisdiction over the property indicating that the building complies with all of the following:

(A) to the extent they do not conflict with the codes and rules listed in subparagraphs (C) through (F), the current edition or most recent preceding edition of the following codes published 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;

(B) to the extent it does not conflict with the codes and rules listed in subparagraphs (C) through (F), the current edition or most recent preceding edition of the National Electrical Code 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 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).

(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 .

(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; 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 has not identified its adopted building code to the Board under Section 10.18 of the Capital Development Board Act .

"Qualified inspector" means an individual certified as a commercial building inspector by the International Code Council or an equivalent nationally recognized building inspector certification organization, qualified as a construction and building inspector by successful completion of an apprentice program certified by the United States Department of Labor , 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 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 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 .

(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 any other statutorily authorized code or regulation administered by State agencies. These include without limitation the codes and regulations listed in subparagraphs (C) through (F) of paragraph (2) of subsection (a) .

(h) The changes to this Section made by this amendatory Act of the 103rd General Assembly shall apply beginning on January 1, 2025 .

20 ILCS 3105/10.09-1

Amended by P.A. 103-0510,§ 5, eff. 1/1/2024.

Amended by P.A. 102-0558,§ 160, eff. 8/20/2021.

Amended by P.A. 101-0369,§ 5, eff. 12/15/2019.

Added by P.A. 096-0704,§ 5, eff. 1/1/2010.