February 26, 2026
By Kelley A. Gandurski and Jamie T. Porter
As the third installment of our ongoing series analyzing the legislative components of Governor Pritzker’s proposed housing agenda, the Building Up Illinois Developments (BUILD) initiative, this alert focuses on amendments to county and municipal building code authority included in Senate Bill 4061 (“SB 4061”), introduced by Senator Sara Feigenholtz on February 19, 2026.1
SB 4061, as currently drafted, would limit counties and municipalities from adopting and enforcing building codes that prohibit any residential building from having a single stairway serving as an exit for all units so long as the building has: (1) no more than six stories above grade; (2) an automatic fire sprinkler in the interior exit stairway; (3) all dwelling unit doors serving as exits equipped with self-closing devices; (4) smoke detection throughout all common areas and individual dwelling units; (5) at least one emergency escape and rescue opening for each individual dwelling unit; and (6) not more than four individual dwelling units on a floor. If the residential building meets all of these six standards, Illinois counties and municipalities could not prohibit the residential building from having a single stairway that serves as an exit for all units in the building. These prohibitions would preempt home rule authority, and these requirements would take effect on January 1, 2027, with no grace period.
SB 4061 is part of a larger initiative from Springfield aimed at creating more available housing and easing restrictions on density. This proposed amendment broadly defines “building code” as “…any ordinance, resolution, law, housing or building code, or zoning ordinance that establishes construction related activities applicable to structures in a county [or municipality].” Many municipal building codes throughout the state require that most multifamily buildings be constructed with two internal stairways as a fire safety measure. For multifamily residential buildings located on smaller lots, the two-stair requirement limits the amount of space available for dwelling units.
The debate over single-exit stairways is not confined to Illinois; it has evolved into a rapidly growing reform movement across the United States. As of November 2025, 14 states have passed legislation to allow single stairways.2 According to the National Fire Protection Association (“NFPA”),3 proponents assert that the single stairway offers several benefits, including increased housing affordability by allowing the construction of single-stair buildings to promote denser construction on smaller lots, improved design and livability in residential apartments including more natural sunlight, and more efficient land use. Opponents cite several risks with single stairways, including negative impacts on firefighter rescue operations, residents having no means of escape if the single stairway becomes compromised by fire or smoke, and “counterflow” where firefighters and evacuating residents collide. The NFPA reports that several national organizations have come out against the single stairway, including the International Association of Fire Fighters, the Metro Chiefs, the National Association of State Fire Marshals, the National Fire Chiefs Council, the National Fallen Firefighters Foundation, and the International Association of Fire Chiefs.
If SB 4061 becomes law, counties and municipalities will have to identify both existing buildings in their jurisdiction that fall within the “single stairway exception” and any existing building codes that conflict with the amendments. Furthermore, counties and municipalities will have to consider other safety measures, aside from those identified in SB 4061, that would protect community members whose buildings or units fall within the “single stairway exception.” For example, the exception applies in part where there is at least one emergency escape and rescue opening for an individual dwelling unit. While SB 4061 does not define what an emergency escape and rescue opening is, this likely means that a window, even on the top floor of a six-story building, may serve as an emergency escape. Under SB 4061, local governments will want to consider adopting further regulations such as requiring landlords to provide each dwelling unit with emergency escape ladders. Consultation with local fire officials on additional safety regulations should also be considered and encouraged.
As the legislative session progresses, SB 4061 will likely continue to evolve through ongoing review and negotiation. We will continue to monitor developments and keep our clients apprised of changes to the bill and the potential impact on local development controls. In the meantime, please contact Kelley Gandurski, Jamie Porter, or any other Elrod Friedman attorney for additional guidance on building codes or other components of the BUILD initiative.
1 Parallel provisions to SB 4061 are included in Rep. Kam Buckner’s House Bill 5626. Elrod Friedman will be tracking both bills throughout the spring legislative session.
2 Pew released a report on single-stairway reforms across the United States, which can be accessed here: States Advance Single-Stairway Reforms to Expand Housing | The Pew Charitable Trusts.
3 The NFPA has published several resources discussing the single stairway including (1) Single Stair, Many Questions and (2) NFPA Report | Single Exit Stair Symposium Report.