Illinois Compiled Statutes 20 ILCS 3105 Capital Development Board Act. Section 10.09-1

    (20 ILCS 3105/10.09-1)

    Sec. 10.09-1. Adoption of building code; enforcement.

    (a) After July 1, 2011, no person may occupy a newly constructed commercial building in a non-building code jurisdiction until:

        (1) The property owner or his or her 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 meets compliance with the building codes adopted by the Board for non-building code jurisdictions based on the following:

            (A) The 2006 or later editions of the following

        codes developed by the International Code Council:

                (i) International Building Code;

                (ii) International Existing Building Code; and

                (iii) International Property Maintenance Code.

            (B) The 2008 or later edition of the National

        Electrical Code NFPA 70.

    (b) 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 jurisdictions as defined in subsection (b).

    (d) For purposes of this Section:

    "Commercial building" means any building other than a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes or a farm building as exempted from Section 3 of the Illinois Architecture Practice Act.

    "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 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 by a nationally recognized building official certification organization, qualified by an apprentice program certified by the 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.

    (e) 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 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 regulate any other statutorily authorized code or regulation administered by State agencies. These include without limitation the 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) This Section applies beginning July 1, 2011.

(Source: P.A. 96-704, eff. 1-1-10.)

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Last modified: February 18, 2015