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        • Senate Holds Hearing on Subcontractor Failure-to-Pay Bill
        •  2019 Illinois General Assembly Highlights  —  Part II
        • 2019 Illinois General Assembly Highlights — Part I
        • Oppose HB2838 — General Contractors held liable for Subs’ Employee Wages
        • March Madness in Springfield
        • Legislative Committee Begins Its Work
      • 2018 Speaker Topics
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        • HBAI Spring Session Report
        • HELOCS Deductible for Capital Improvements, IRS Says
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        • Vote Now for a Home Builder Hero
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        • Four Favors
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  • Home
  • HBAI
    • By-Laws
    • Executive Officers
    • 2023 HBAI Board of Directors
    • HBAI Staff
    • Member Benefits
    • Reasons to Join
    • Join HBAI
    • Blog
    • Contact
  • Members
    • Local HBA’s
    • Locate Local HBA’s by County
    • Map of HBA’s
    • Member Benefits
    • Educational Opportunities
    • HBAI Talk
      • 2019 Talk
        • Healthcare Survey for Members
      • Talk 2018
        • Things Learned at the Builders Show
        • Board of Directors Meeting @ IBS 2018 Pictures
        • HBAI Reception at IBS
      • Talk 2017
        • Advocacy Leadership Award
        • HBAI on a Mission
        • Housing Hall of Fame Inductees 2017
        • Builder Member Rebates
  • Government Affairs
    • State Laws You Should Know
      • Introduction to State Laws You Should Know
      • Illinois Recreational Cannabis Law Effective January 1, 2020
      • Employee Business Expense Reimbursements 2019
      • Farmland Preservation
      • Home Repair & Remodeling Act
      • Illinois Building Code Freeze
      • Illinois Energy Conservation Code
      • Implied Warranty Law
      • Interest Paid on Certificates of Error
      • Model Home Act
      • Illinois Building Code Freeze
      • Passive Radon Systems
      • Proportionate Property Improvement Valuations – “Pro-Rata Valuations”
      • Public Construction Bonds
      • Septic System Turf Battle
      • Vacant Lot Act
    • HomePAC
    • HBAI Speaker
      • 2022 Speaker Topics
        • January Update
      • 2021 Speaker Topics
        • HBAI OPPOSES MANDATES FOR ELECTRIC CAR CHARGERS & THE STRETCH ENERGY CODE
        •   Home Builders Survive Union Ambush
        • HBAI OPPOSES SB2896 – CAR CHARGERS & STRETCH ENERGY CODE
        • 2021 State Energy Code Price Tag – $10,000 Per Home
      • 2020 Speaker Topics
        • ComEd Deadline to Grandfather Existing Subdivisions/Developments
        • Vote No on the Progressive Tax
        • End of Session Report
        • Session Update 5/20/2020
        • Home Builders Oppose Car Charger Mandate
        • WCC Repeals Work Comp for COVID-19
        • COVID-19 Added to Work Comp Claims
        • Pandemic Housing Issues
        • Home Construction Deemed Essential!
        • Sticker Shock!!!
      • 2019 Speaker Topics
        • Senate Holds Hearing on Subcontractor Failure-to-Pay Bill
        •  2019 Illinois General Assembly Highlights  —  Part II
        • 2019 Illinois General Assembly Highlights — Part I
        • Oppose HB2838 — General Contractors held liable for Subs’ Employee Wages
        • March Madness in Springfield
        • Legislative Committee Begins Its Work
      • 2018 Speaker Topics
        • End of Session Wrap UP
        • General Assembly Approaching Adjournment
        • HBAI to Oppose County Recorders Legislation
        • Lobby Day Harvest Housing Victories
        • HBAI Lobby Day a BIG Success!
        • More Labor Bills – More Anti-Business Legislation – More Regulation
        • Home Builders Prepare to Defend the Public Construction Bond Act
        • HBAI Spring Session Report
        • HELOCS Deductible for Capital Improvements, IRS Says
        • Home Building & Remodeling Once Again Under Attack in Springfield
        • Board Meeting, Installation Banquet & Veto Session
        • Election Night Projections 2018
        • Vote Now for a Home Builder Hero
        • Veto Session in Springfield
        • Four Favors
        • HBAI Takes on the Tasks at Hand
        • HomePAC – IBS – Associate Member Appreciation Month
        • Last Chance for the Century Ride Pledge Drive
        • HBAI Mid-Year Report
        • End of Session Wrap UP
        • Board Meeting, Installation Banquet & Veto Session
      • 2017 Speaker Topics
    • Voter Voice
  • Calendar of Events

January 6, 2016

State Laws You Should Know

“Illinois Building Code Freeze”

Bill Ward, Executive Vice President, HBAI

Units of local government are constantly amending existing building code ordinances or implementing entire new codes at times when builders and remodelers have received permits and are in the process of constructing under the provisions of the current standards. The new codes are intended to affect projects that will receive permits after the enactment of the new standards.

In 2007, a builder from Vernon Hills came to HBAI seeking resolve over a battle he had with his fire protection district. While constructing a new home, the district had passed an ordinance for fire sprinkler systems (with permission from the municipality we presume), and the inspector required the builder to retrofit the home even though the drywall was up and the home was near completion.

Upon further examination, a remodeler from Hinsdale provided a similar story to the HBAI Legislative Affairs Committee; an inspector required him to retrofit plumbing improvements on a remodeling job that started prior to the new ordinance being enacted.

This incredulous demand by inspectors to retrofit new homes was not the intention of the elected officials who had enacted the codes, but was the unilateral action of a few building inspectors who lacked the ability to carry out their duties in a reasonable and professional manner.

On behalf of HBAI, State Senator Maggie Crotty of Oak Forest, introduced SB1508, a bill to protect builders and remodelers from these errant actions by placing language in the Municipal and Counties Codes that, in effect, would freeze the existing codes at the time the permit is obtained, for the duration of the building permit. Most permits expire after 12 months.

The bill received no opposition in the Senate and was sponsored by Rep. Mike Fortner of West Chicago, in the Illinois House. Along the way, support for the bill came from the Illinois Association of Realtors, the Illinois Manufacturers Association, and the Illinois Retail Merchants Association.

Fortner received unanimous consideration in the House, and Governor Rod Blagojevich signed SB1508 into law on August 28, 2007.

(55 ILCS 5/5-6008) and (65 ILCS 5/11-39-4) states the following:

Building permits. Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.

Feel free to contact me at billward@hbai.org, or at (800) 255-6047 if you have questions or concerns regarding the Illinois Building Code Freeze.

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About us

The HBAI is the watchdog for builders, contractors, developers and all those involved in home building across Illinois. We work hard to keep legislation and regulatory action favorable to the industry--and especially to how it affects our members' bottom lines. We keep you informed, connected, and aligned with the best the state has to offer - including ongoing certification and affinity programs, our annual Lobby Day, and opportunities to serve on our board or in other capacities. Let us know when and how you are ready to get involved.

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