(50 ILCS 220/0.01) (from Ch. 85, par. 1000)
Sec. 0.01.
Short title.
This Act may be cited as the
Municipal Adoption of Codes and Records Act.
(Source: P.A. 86-1324.)
(50 ILCS 220/1) (from Ch. 85, par. 1001)
Sec. 1.
Definitions.
As used in the text of this act, the following terms shall have the
meanings indicated as follows, unless the context otherwise requires:
(a) “Municipality” means any fire protection district or other political
subdivision of the State of Illinois having power to legislate on the
subject matters mentioned in this Act.
(b) “Code” means any published compilation of rules and regulations
which have been prepared by nationally recognized technical trade or
service associations and includes specifically, building codes; plumbing
codes; electrical wiring codes; fire prevention codes; codes for the
slaughtering, processing, and selling of meats and meat products for human
consumption; codes for the production, pasteurization and sale of milk and
milk products;
(c) “Public record” means any municipal, state, or federal statute,
rule, or regulation adopted prior to the exercise by any municipality of
the authority to incorporate by reference herein granted; provided,
however, that this definition shall not include the municipal ordinances,
rules or regulations of any municipality except those of the municipality
which is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
(d) “Published” means printed, lithographed, multigraphed, mimeographed,
or otherwise reproduced.
(Source: Laws 1961, p. 1369.)
(50 ILCS 220/2) (from Ch. 85, par. 1002)
Sec. 2.
Adoption of codes and public records by reference.
Any municipality is hereby authorized to adopt by reference, as
criteria for the issuance of construction, reconstruction, alteration or
installation permits, the provisions of any code or portions of any code
as herein defined, without setting forth the provisions of such codes in
full, provided that at least three (3) copies of such code which is
incorporated or adopted by reference are filed in the office of the
clerk of the municipality and there kept available for public use,
inspection, and examination. Any municipality is likewise authorized and
empowered to adopt by
reference the provisions of any public records, provided, likewise, that
three (3) copies of such public record are kept on file in the office of
the clerk of the municipality as provided above for codes. The filing
requirement herein prescribed shall not be deemed to be complied with
unless the required copies of such code or public record are filed with
the clerk of such municipality for a period of 15 days prior to adoption
of the ordinance which incorporates such code or public record by
reference. No code nor public record of any jurisdiction other than the
State of Illinois shall be adopted hereunder covering any subject matter
for which standards are available in any public record of the State of
Illinois, except in the case of fire protection districts, which may
adopt any national standard by reference, notwithstanding the provisions
of this Section.
(Source: P.A. 80-1495.)
(50 ILCS 220/3) (from Ch. 85, par. 1003)
Sec. 3.
Publication
of adopting ordinance.
Nothing contained in this statute shall be deemed to relieve any
municipality from the requirement of publishing the ordinance in full which
adopts such code or public record by reference, and all provisions
applicable to such publication shall be fully and completely carried out as
if no code or public record was incorporated therein.
(Source: Laws 1953, p. 1690.)
(50 ILCS 220/4) (from Ch. 85, par. 1004)
Sec. 4.
Adoption of
penalty clauses by reference prohibited.
Nothing contained in this act shall be deemed to permit the adoption
of the penalty clauses by reference which may be established in the code or
public record which is being incorporated by reference, and such penalty
clauses shall be set forth in full in the adopting ordinance and be
published along with and in the same manner as the adopting ordinance is
required to be published.
(Source: Laws 1953, p. 1690.)
(50 ILCS 220/5) (from Ch. 85, par. 1005)
Sec. 5.
Amendments
to codes or public records.
Any amendment which may be made to any code or public record
incorporated by reference by a municipality hereunder, may be likewise
adopted by reference provided that the required number of amended or
corrected copies are filed with the clerk of such municipality for
inspection, use, and examination by the public. Ordinances adopting
amendments by reference shall be required to be published as any other
ordinances of the municipality and the requirement as to prior filing
before passage shall apply likewise to amendments.
(Source: Laws 1953, p. 1690.)
(50 ILCS 220/6) (from Ch. 85, par. 1006)
Sec. 6.
Ratification of previous adoptions by reference.
Any municipality which has heretofore enacted a code or public record by
reference thereto shall not be required to re-enact such code or public
record by reason of this act, and all previous incorporations by reference
which would have been valid if this act had then been in effect, are hereby
ratified and declared effective, provided, however, that the requisite
number of copies are forthwith filed with the clerk of such municipality,
if they have not already been so filed.
(Source: Laws 1953, p. 1690.)
(50 ILCS 220/7) (from Ch. 85, par. 1007)
Sec. 7.
Constitutionality.
Any provision, section, or subsection of this act which may be
declared unconstitutional or invalid by any competent court shall not
affect the validity of any other provision, section, or subsection of this
act, and the same shall remain in full force and effect notwithstanding the
invalidity of such other provision, section, or subsection of the act.
(Source: Laws 1953, p. 1690.)