Building Energy Code

Much of the information presented in this summary is drawn from the U.S. Department of Energy’s (DOE) Building Energy Codes Program and the Building Codes Assistance Project (BCAP). For more detailed information about building energy codes, visit the DOE and BCAP websites.

Public Act 093-0936 (Illinois Energy Conservation Code for Commercial Buildings) was signed into law in August, 2004. The Illinois Energy Conservation Code for Commercial Buildings became effective April 8, 2006. This law requires all commercial construction for which a building permit application is received by a municipality or county to follow a comprehensive statewide energy conservation code. The Capital Development Board has the authority to create administrative rules, and its most recent rule amendments mandated that the code for commercial buildings follow 2012 International Energy Conservation Code (IECC) (as of August 2009). Municipalities and counties are required to enforce 2012 IECC.

The Energy Efficient Building Act (HB 3987) was signed into law in August 2009. The legislation directed the Illinois Capital Development Board (CDB) to adopt the Illinois Energy Conservation Code, which became effective January 29, 2010. The new statewide code (71 IAC 600) incorporates the 2009 IECC for residential buildings and privately funded commercial buildings and ASHRAE 90.1-2007 for publicly funded commercial buildings (previously, there was not a mandatory residential statewide energy code based on the IECC).

An automatic update provision directs the CDB to adopt each subsequent version of the IECC within twelve months of its publication, with an effective date six months afterwards. The legislation also removed local home rule jurisdiction over residential energy standards. Local governments are allowed to adopt more stringent energy codes for commercial buildings (but not less stringent). These jurisdictions also may not adopt residential codes more or less stringent than the state code.

However, there are some exceptions to this. Jurisdictions can be more stringent for residential if : (i) a unit of local government, including a home rule unit, that has, on or before May 15, 2009, adopted or incorporated by reference energy efficient building standards for residential buildings that are equivalent to or more stringent than the 2006 International Energy Conservation Code, (ii) a unit of local government, including a home rule unit, that has, on or before May 15,  2009, provided to the Capital Development Board, as required by Section 55 of the Illinois Building Commission Act, an identification of an energy efficient building code or amendment that is equivalent to or more stringent than the 2006 International Energy Conservation Code, and (iii) a municipality with a population of 1,000,000 or more.

Senate Bill 3724, signed into law in August 2012, made some changes to the implementation of future codes, including 2012 IECC. The CDB is now required to adopt new versions of the IECC within one year of its publication and the code is to take effect statewide within 6 months of being adopted. The law includes an exception for the new code, which is expected to be adopted in 2012. The law provides that any code adopted in 2012 will take effect on January 1, 2013.