The Illinois state
bill SB 1453 - Qualification Based Selection for Design Professionals
-passed through the senate with flying colors last week. The vote was
45 Yes and 5 No. This Senate bill governs how design professionals are
hired by local governments for public projects and it insures that
qualifications are the primary reason to select an architect.
The Illinois
Capital Development Board has established a Subcommittee on Building
Codes and Regulation (SBCR), to provide input to the Industry
Advisory Council and the CDB Division of Building Codes and
Regulations on issues related to building codes. Frederick Schuster
of RuckPate Architecture is serving on the committee along with
architects Kenneth Crocco, Larry Livergood and about 25 other
members from government, industry, and labor. The SBCR is a purely
advisory body. The CDB has responsibility for rule-making related
to building codes at the state level.
There are several issues under consideration:
1. State-wide Building Code
2. Accessibility Code Re-write.
3. Energy Conservation Code
State-wide Building Code:
In 2005 a Task Force
was established by
House Resolution 425
to study and make recommendations for adoption
of a uniform state-wide building code. The result was an overwhelming
recommendation to adopt a uniform and comprehensive state-wide code,
including the existing Illinois Plumbing Code and the Illinois
Accessibility Code as two components. Potentially difficult issues
include the harmonization with rules adopted by the other state
agencies such as State Fire Marshall, Illinois Department of Public
Health (for example NFPA 101), local amendability, and regulatory
burden imposed on rural counties and communities.
The
Illinois Council of Code Administrators, an independent organization, is
working on draft legislation to adopt a uniform code. ICCA is seeking
comment on a draft submitted to SBCR members and hopes to have a
legislative sponsor introduce a bill in the spring, an ambitious goal.
The ICCA's draft proposes adoption of the International Building Code
2006 and related 2006 I-codes, 2005 National Electrical Code, and
keeps the Illinois Plumbing Code and Accessibility Code. Code
administration and enforcement would continue at the local level using
the state code. The ICCA's proposal would allow limited local
amendability (more stringent provisions only), provide for regular
adoption of successor versions of the I-Codes, require training and
certification of inspectors and code administrators to be funded by a
small fee on each building permit. ICCA is hoping to advance serious
consideration of the state-wide code issue with their draft as a next
step in the discussion.
Accessibility
Code Re-write:
Prior to the passage of the Americans with
Disabilities Act, Illinois was a leader in mandating accessibility for
new construction. To maintain that leadership the Illinois
Accessibility Code was adopted in 1997 to preserve Illinois'
more-stringent requirements. While the Access Board (ATBCB) has
continued development of guidelines and standards at the national
level, Illinois regulation has remained unchanged. Although the 2004
version of the ADA Accessibility Guidelines (ADAAG-2004) has not been
adopted yet by the US Dept of Justice, that adoption is anticipated
following the 2008 presidential election.The CDB has statutory
responsibility for accessibility regulation in Illinois and would like
to see Illinois harmonize its regulations with upcoming national
standards. Progress has been slowed by lack of funding for consultant
services to assist CDB staff. Frederick Schuster and several other
SBCR members have volunteered to assist Douglas Gamble of the CDB
advance this effort.
Energy
Conservation Code:
Rules for
the Illinois Conservation Code (71
ILL ADM CODE 600) were
adopted in April 2006. Revisions are now under consideration to adopt
the "latest edition" of the Uniform Energy Conservation Code
(currently 2006) in place of the 2000 edition with 2001 supplements
referenced in the current rules. Work is continuing at CDB toward
adoption of a Residential Energy Code.
Reported by:
Frederick Schuster, ALA CDC Advisory Committee Liaison
RuckPate
Architecture
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Bill Number
Bill Name
HB
0374 School Construction – Local Code
HB
0900 Engineer, Architect - Retired Title
HB
0978 School Code - Regional
Superintendent-Building Plans
SB
0245 Good Samaritan - Engineers
SB
0250 CDB - LEED Green Building
SB
0518 Construction Management Service –
Procurement
SB
0766 Design Build Procurement
SB
1876 DPR – Architect Licensing/Certifying
Records
Extended
Deadlines – These all have been extended to September 2007
SB
0004 School Construction Bond
SB
0851 Opportunity in State Public
Construction Act
SB
0868 School Construction Law - Technical
Change
SB
1703 OSLAD - Review Bonds - Grants
Key
Illinois Bills Currently in Legislation:
Updated: 6/1/06
House Bill 0374
School
Construction – Local Code
House Bill 374
amends the School Construction Law. Provides that all school
construction projects financed pursuant to the Law are subject to
applicable local building codes. Effective immediately. Third
Reading – February 18, 2005.
Status:
2/23/05 – Sent to Senate for First Reading – Referred to
Rules
4/13/05 – Assigned to Education
4/20/05 – Held in Education
5/04/05 – Postponed
Last Action:
5/06/05 – Re-referred to Rules Committee
House Bill 0900
Engineer,
Architect – Retired Title
House Bill 900
amends the Illinois Architecture Practice of 1989. Defines
“Architect, Retired”. Requires the Department of Financial and
Professional Regulation to adopt rules concerning the issuance of
the title and allows the Department to exempt from continuing
education requirements retired architects who have been granted the
title and who meet certain other requirements. Amends the
Professional Engineering Practice Act. Defines “Professional
Engineer, Retired”. Requires the Department of Financial and
Professional Regulation to adopt rules concerning the issuance of
the title and allows the Department to exempt from continuing
education requirements retired professional engineers who have been
granted the title and who meet certain other requirements. Amends
the Professional Land Survey Act of 1989. Defines “Professional
Land Surveyor, Retired”. Requires the Department of Financial and
Professional Regulation to adopt rules concerning the issuance of
the title and allows the Department to exempt from continuing
education requirements retired structural engineers who have been
granted the title and who meet certain other requirements. Public
Act 94-0452 - Effective January 1, 2006.
Status:
5/18/05 – Passed both Houses
6/16/05 – Sent to Governor
8/04/05 – Governor Approved
Last Action:
1/01/06 – Effective Date
House Bill 0978
School Code –
Regional Superintendent – Building Plans
House Bill 978
00 amends the School Code. Provides that within 10 business days
after the regional superintendent of schools receives school
building plans and specifications from a school board and prior to
the bidding process, the regional superintendent shall notify the
municipality (or county in an unincorporated area) and, if
applicable, the fire protection district where the school is being
constructed or altered that the plans and specifications have been
submitted. Allows local fire, building and plumbing inspectors to
review the plans and specifications. Removes a provision regarding
requests by the local fire department or fire protection district
where the school is being constructed or altered to review the plans
and specifications. Effective Immediately.
Status:
2/03/05 – First Reading – Referred to Rules
4/08/05 – Second Reading
4/13/05 – Referred to Elementary & Secondary Education
Committee
Last Action:
4/15/05 – Re-referred to Rules Committee
Senate Bill 0245
Good Samaritan -
Engineers
Senate Bill 245
amends the Good Samaritan Act. Provides that any professional
engineer, architect, surveyor, civil engineer, or structural
engineer who in good faith provided engineering services in response
to a natural disaster or other catastrophic event shall not be
liable for civil damages as a result of his or her acts or omissions
in providing the engineering services, except for willful and wanton
misconduct. Provides that the immunity applies to services that are
provided during an emergency or within 90 days following the end of
any emergency. Provides that the time may be extended by and
executive order issued by the Governor.
Status:
4/15/05 – Sent to House
4/26/05 – First Reading – Referred to Rules
4/27/05 – Assigned to Executive Committee
Last Action:
5/13/05 – Re-referred to Rules Committee
Senate Bill 0250
CDB - LEED Green
Building
Senate Bill 250
amends the Capital Development Board Act. Requires the Board to
implement the LEED green building rating system. Requires any new
building, repair, or retrofit construction work authorized by the
Board to meet the requirements for LEED certification. Defines
“LEED” and “LEED green building rating system”. Public Act 94-0573
- Effective Date January 1, 2006.
Status:
5/27/05 – Passed both Houses
6/24/05 – Sent to Governor
8/12/05 – Governor Approved
Last Action:
8/12/05 – Effective Date to be 1/01/06
Senate Bill 0518
Construction
Management Service - Management
Senate Bill 518
amends the Illinois Procurement Code. Sets procedures for the award
of contracts for construction management services. Requires State
agencies to provide public notice of all projects requiring
construction management services. Provides procedures for the
selection of construction manager and for contract negotiations.
Requires State agencies to evaluate construction management firms at
the completion of a project. Sets the duties of construction
managers. Provides that actual construction work on the project
must be awarded under the Procurement Code. Authorizes the Capital
Development Board to further separate divisions of construction
management work. Public Act 94-0532 Effective Date August 10, 2005.
Status:
5/25/05 – Passed both Houses
6/23/05 – Sent to Governor
8/10/05 – Governor Approved
Last Action:
8/10/05 – Effective Date
Senate Bill 0766
Design Build
Procurement
Senate Bill 766
creates the Design-Build Procurement Act. Authorizes the Capital
Development Board to award construction contracts using a
design-build method that accepts and evaluates proposals from
entities that encompasses the designing and building of the
project. Establishes criteria and proceedings for the use of the
design-build method. Public Act 94-0716 Effective Date December 13,
2005.
Status:
11/03/05 – Passed both Houses
12/02/05 – Sent to Governor
12/13/05 – Governor Approved
Last Action:
12/13/05 – Effective Date
Senate Bill 1876
DPR – Architect
Licensing - Certifying Records
Senate Bill 1876
amends the Illinois Architecture Practice Act of 1989. Makes a
technical change in a Section concerning certifying a record.
Deletes everything after the enacting clause. Amends the Department
of Professional Regulation Law of the Civil Administrative Code of
Illinois. Provides that the design professionals designated
employees that the Director shall employ, in conformity with the
Personnel Code, shall include but not be limited to 3, rather than
4, full-time clerks and 3, rather than 2, full-time investigators.
Amends Illinois Architecture Practice Act of 1989. Provides that
until January 1, 2014 (now January 1, 2010), in lieu of the
requirement of graduation with a first professional degree in
architecture from a program accredited by the National Architectural
Accrediting Board, the Department may admit an applicant who is a
graduate with a pre-professional 4 year baccalaureate degree
accepted fore direct entry into a first professional master of
architecture degree program, and who has completed such additional
diversified professional training as is required by rules of the
Department. Provides that the roster prepared annually by the
Department of Financial and Professional Regulation shall be
organized and available by discipline. Provides that the
Department, rather than the Illinois Architecture Licensing Board,
shall compel a person licensed to practice under the Act or an
applicant for licensure or certification to submit to a mental or
physical examination, specifically designate examining physicians,
make certain findings, and require a person to submit to care,
counseling, or treatment as a condition, term, or restriction of
certain licensure. Provides that any entity that advertises
architecture services a telecommunications directory must include
its architecture firm registration number or, in the case of a sole
proprietor, his or her individual license number. Provides that
nothing in the provisions of the Act concerning the advertising of
architecture services in a telecommunications directory requires the
publisher of a directory to investigate or verify the accuracy of
the registration or license number provided by the
advertiser. Public Act 94-0543
Effective Date August 10, 2005.
Status:
5/24/05 – Passed both Houses
6/22/05 – Sent to Governor
8/10/05 – Governor Approved
Last Action:
8/10/05 – Effective Date
Senate Bill 0004
School
Construction Bond
Senate Bill 4
amends the General Obligation Bond Act. Increases by $1,000,000,000
the amount of General Obligation Bonds authorized to be sold for
grants to school districts for school improvement projects
authorized by the School Construction Law. Distributes the
increased authorization in year 9 of the schedule. Effective
Immediately.
Status:
11/04/05 – Third Reading Deadline extended to 1/09/07
Senate Bill 0851
Opportunity in
State Public Construction Act
Senate Bill 851
creates the Opportunity in State Public Construction Act. Provides
that funding shall be made available for certain programs to prepare
individual women and minorities for entry into apprenticeships in
the skilled construction trades based on labor market information
and projections. Provides the eligible recipients of the funds and
the eligible participants in the programs established under the
Act. Provides that the Department of Commerce and Economic
Opportunity shall annually collect certain information for each
program funded under the Act. Creates the Commission on Opportunity
in State Public Construction. Establishes the duties of the
Commission. Provides that the Department of Commerce and Economic
Opportunity shall award, through a competitive grant process, 3 year
initial grants to eligible entitles for services to be provided
under the Act. Provides that from each State funded construction
project with a budget over $1 million, one-half of the 1% of the
project budget shall be reserved to sustain skilled training,
outreach, data collection, worksite monitoring, and the provision of
technical assistance to help meet goals for inclusion of women and
minorities.
Status:
11/04/05 – Third Reading Deadline extended to 1/09/07
Senate Bill 0868
School
Construction Law – Technical Change
Senate Bill 868
amends the School Construction Law. Makes a technical change in a
Section concerning carry over projects.
Status:
11/04/05 – Third Reading Deadline extended to 1/09/07
Senate Bill 1703
OSLAD - Review
Bonds - Grants
Senate Bill 1703
creates the Open Space Financing Act. Authorizes the Department of
Natural Resources to issue revenue bonds secured by real estate
transfer tax receipts collected and deposited into the Open Space
Bond Repayment Fund and the Natural Areas Bond Repayment Fund. Sets
forth procedures for issuing the bonds and distributing the bond
proceeds. Amends the Property Tax Code. Provides that for fiscal
year 2006 only, after deposit of 50% of the moneys collected under
the Real Estate Transfer Tax Law into the Illinois Affordable
Housing Trust Fund,
of the remaining
50%, the first $30,000,000 shall be deposited into the General
Revenue Fund
and, thereafter,
35% shall be deposited into the OSLAD Fund, and 15% shall be
deposited into the
Status:
11/04/05 – Third Reading Deadline extended to 1/09/07
