On August 4, 2023, Governor Pritzker signed PA
103-0510 into law, which makes several changes to two state statutes: the Capital
Development Board Act and the Illinois Residential Building Code Act, which municipalities and counties should be aware of.
Changes to the Capital Development Board Act
The new law requires municipalities and counties that have adopted and are enforcing a building code to identify the adopted model code, by title and edition, and any local amendments, to CDB in writing no later than June 30, 2024. Similarly, municipalities and counties adopting a new building code must identify the model code being adopted, by title and edition, and any local amendments, to CDB in writing at least 30 days before the effective date of the building code. Note that the term “building code” under the new law expressly excludes zoning ordinances.
Effective January 1, 2025, the new law will prohibit any person from occupying a “newly constructed commercial building”
or a “substantially improved commercial building” in any “non-building code
jurisdiction” until the property owner (or its agent) has contracted with a
qualified inspector to inspect the building. Under this new law, the inspector must file a certification of inspection with the municipality or county with
jurisdiction over the property indicating whether the building complies with
certain Code requirements specified in the Act. The certification requirement does not apply to municipal or county inspectors acting in their official capacity. A “non-building code jurisdiction” means an Illinois municipality or county that (i) has
not adopted a building code; or (ii) is required to, but has not identified its adopted building code to the Capital Development Board (CDB).
Also effective January 1, 2025, the law requires any municipal or county building code to
regulate the structural design of new buildings, rehabilitation work in
existing buildings, and residential buildings in a manner at least as stringent
as the applicable baseline code applicable to those buildings. This section
also expressly preempts home rule municipalities.
To comply
with the Act, municipalities or counties adopting new building codes or
amending existing building codes can identify the
code being adopted, by title and edition, and any local amendments to the CDB in writing by visiting the CDB’s
website, where they can complete and submit CDB’s
County Municipal Reporting Form, and check whether their codes are up to date
by visiting CDB’s
Directory.
The law also
requires CDB to: (1) identify the adopted model code(s) by title and edition,
whether any local amendments were adopted, and the date municipalities and
counties reported this information to CDB on their website; and (2) annually
send written notices to municipalities and counties regarding their obligations
under the Act. Many municipalities recently received these notices, which notices were sent, in many cases, to the mayor or president.
Changes
to Illinois Residential Building Code Act
The new law also
requires that any contract to build a “new residential construction” (construction of a single family home or dwelling containing 2 or fewer apartments, condos, or townhomes) in any non-building code jurisdiction
incorporate, as part of the construction contract, the applicability of a
“residential building code” agreed to by the home builder and the purchaser. If the builder and the purchaser fail to agree to a residential building
code or if no residential building code is stated in the contract, the law
states that certain default code provisions that are identified in the new law will be adopted as part of the
construction contract.