HB3641 Engrossed LRB103 30390 HLH 56820 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Capital Development Board Act is amended by
5		changing Section 10.09-1 and by adding Section 10.19 as
6		follows:
7		(20 ILCS 3105/10.09-1)
8		Sec. 10.09-1. Certification of inspection.
9		(a) After July 1, 2011, no person may occupy a newly
10		constructed commercial building in a non-building code
11		jurisdiction until:
12		(1) The property owner or his or her agent has first
13		contracted for the inspection of the building by an
14		inspector who meets the qualifications established by the
15		Board; and
16		(2) The qualified inspector files a certification of
17		inspection with the municipality or county having such
18		jurisdiction over the property indicating that the
19		building meets compliance with the building codes adopted
20		by the Board for non-building code jurisdictions based on
21		the following:
22		(A) The current edition or most recent preceding
23		editions of the following codes developed by the

HB3641 Engrossed - 2 - LRB103 30390 HLH 56820 b
1		International Code Council:
2		(i) International Building Code;
3		(ii) International Existing Building Code; and
4		(B) The current edition or most recent preceding
5		edition of the National Electrical Code NFPA 70.
6		(b) This Section does not apply to any area in a
7		municipality or county having jurisdiction that has registered
8		its adopted building code with the Board as required by
9		Section 55 of the Illinois Building Commission Act.
10		(c) The qualification requirements of this Section do not
11		apply to building enforcement personnel employed by
12		jurisdictions as defined in subsection (b).
13		(d) For purposes of this Section:
14		"Commercial building" means any building other than a
15		single-family home or a dwelling containing 2 or fewer
16		apartments, condominiums, or townhomes or a farm building as
17		exempted from Section 3 of the Illinois Architecture Practice
18		Act of 1989.
19		"Newly constructed commercial building" means any
20		commercial building for which original construction has
21		commenced on or after July 1, 2011.
22		"Non-building code jurisdiction" means any area of the
23		State not subject to a building code imposed by either a county
24		or municipality.
25		"Qualified inspector" means an individual qualified by the
26		State of Illinois, certified by a nationally recognized

HB3641 Engrossed - 3 - LRB103 30390 HLH 56820 b
1		building official certification organization, qualified by an
2		apprentice program certified by the Bureau of Apprentice
3		Training, or who has filed verification of inspection
4		experience according to rules adopted by the Board for the
5		purposes of conducting inspections in non-building code
6		jurisdictions.
7		(e) New residential construction is exempt from this
8		Section and is defined as any original construction of a
9		single-family home or a dwelling containing 2 or fewer
10		apartments, condominiums, or townhomes in accordance with the
11		Illinois Residential Building Code Act.
12		(f) Except as provided in Section 10.19, local Local
13		governments may establish agreements with other governmental
14		entities within the State to issue permits and enforce
15		building codes and may hire third-party providers that are
16		qualified in accordance with this Section to provide
17		inspection services.
18		(g) This Section does not regulate any other statutorily
19		authorized code or regulation administered by State agencies.
20		These include without limitation the Illinois Plumbing Code,
21		the Illinois Environmental Barriers Act, the International
22		Energy Conservation Code, and administrative rules adopted by
23		the Office of the State Fire Marshal.
24		(h) This Section applies beginning July 1, 2011.
25		(Source: P.A. 101-369, eff. 12-15-19; 102-558, eff. 8-20-21.)

HB3641 Engrossed - 4 - LRB103 30390 HLH 56820 b
1		(20 ILCS 3105/10.19 new)
2		Sec. 10.19. Local regulation of construction,
3		reconstruction, improvement, or installation of State
4		facilities.
5		(a) Notwithstanding any other provision of law, ordinances
6		of units of local government may not be enforced against the
7		construction, reconstruction, improvement, or installation of
8		State facilities and units of local government cannot require
9		payment of permitting fees or require permit inspections for
10		the construction, reconstruction, improvement, or installation
11		of State facilities.
12		(b) This Section applies to construction, reconstruction,
13		improvement, or installation projects that are ongoing on the
14		effective date of this amendatory Act of the 103rd General
15		Assembly and to all projects started on or after the effective
16		date of this amendatory Act of the 103rd General Assembly.
17		(c) The regulation of local ordinances, fees, and
18		inspections affecting the construction, reconstruction,
19		improvement, or installation of State facilities are exclusive
20		powers and functions of the State. A home rule unit may not
21		regulate how local ordinances, fees, and inspections affect
22		the construction, reconstruction, improvement, or installation
23		of State facilities. This Section is a denial and limitation
24		of home rule powers and functions under subsection (h) of
25		Section 6 of Article VII of the Illinois Constitution.
26		Section 99. Effective date. This Act takes effect upon

HB3641 Engrossed - 5 - LRB103 30390 HLH 56820 b
1		becoming law.