By June 29, 2024, counties and municipalities must report any adopted model code(s) and any local amendments to the Capital Development Board.

Effective January 1, 2024, the Capital Development Board Act (the “Act”) is amended to create new reporting requirements for counties and municipalities that adopt or amend existing local building codes. 20 ILCS 3105.18. Affected counties and municipalities that are subject to these requirements should receive written notification from the Capital Development Board (the “Board”) on an annual basis. 20 ILCS 3105/10.18(f).

Previously, certain counties and municipalities were required to report to the Board before it adopted or amended local building codes.

Report Due by June 29, 2024

Now, a county or a municipality adopting a new building code edition must report to the Board at least 30 days before the effective date of the building code. 20 ILCS 3105/10.18(a). This report must be in writing and identify the model code being adopted, by title and edition, and any local amendment. The amended Act adds this “in writing” obligation. The prior version only stated that the county or the municipality had to report but did not specify how.

This report is due by June 29, 2024.  Any municipality or county that has adopted and is enforcing a building code is required to comply with the reporting requirements of subsection 10.18(a) within 180 days of the amendment’s effective date, which is June 29, 2024. 20 ILCS 3105/10.18(b).

Once reported, the Board has an obligation to post adopted codes and amendments to the Board’s public website. 20 ILCS 3105/10.18(c).

The Act defines “building code” as “a model or code adopted with or without local amendments to regulate the construction or rehabilitation of structures with the municipality or county.” 20 ILCS 3105/10.18(d). This definition does not include zoning ordinances adopted under Division 13 of Article 11 of the Illinois Municipal Code or Division 5-12 of Article 5 of the Counties Code. 20 ILCS 3105/10.18(d).

Looking Forward

Beyond the initial reporting requirement, the Act is also amended to create content requirements for any municipal or county building code, which will be required beginning January 1, 2025. 20 ILCS 3105/10.18(e).

By January 1, 2025, all newly adopted building codes and all existing county building codes or municipal building codes must:

(1) regulate the structural design of new buildings, other than residential buildings, in a manner that is at least as stringent as the baseline building code;

(2) regulate the structural design of rehabilitation work in existing buildings, other than residential buildings, in a manner that is at least as stringent as the baseline existing building code; and

(3) regulate the structural design of residential buildings in a manner that is at least as stringent as the baseline residential code.

20 ILCS 3105/10.18(e).

Subsection 10.18(e) also limits the concurrent exercise of home rule powers under the Illinois Constitution. 20 ILCS 3105/10.18(e).

The Act goes on to define certain terms, such as “baseline building code”, that will affect counties and municipalities as of January 1, 2025.

For counties and municipalities that have not adopted a building code, they are not required to adopt a building  code, but any commercial or residential construction in their jurisdictions must comply with the applicable regulations of the Capital Development Board Act (including 20 ILCS 3105/10.09-1) and the Illinois Residential Building Code Act (including 815 ILCS 670/10 and 15), which list certain codes applicable to such construction (i.e., the International Building Code, the International Existing Building Code, the Energy Efficient Building Code, the Illinois Accessibility Code, the Illinois Plumbing Code, the National Electrical Code and the International Residential Code).

Next Steps

Mark your calendars for June 29, 2024, to ensure that your current county building code or municipal building code, with any local amendments, has been reported to the Board.

We encourage you to review the definitions below and begin strategically planning how to ensure that your building code meets the standard requirements that go into effect on January 1, 2025.

Definitions

These definitions are taken verbatim from the Act and are shared here for your reference. 

“Baseline building code” means the edition of the International Building Code, including Appendix G, first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.

“Baseline existing building code” means the edition of the International Existing Building Code first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.

“Baseline residential code” means the edition of the International Residential Code for One- and Two-Family Dwellings first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.

“Residential building” means a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses.

“Structural design” means the capacity of a newly constructed structure or altered or repaired existing structure, including its foundation, to withstand forces, including, but not limited to, dead loads, live loads, snow loads, wind loads, soil loads and hydrostatic pressure, rain loads, and earthquake loads, and to resist flood damage.

20 ILCS 3105/10.18(e).

Authored by:

not-pictured: Samantha Galinson