(410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)

Sec. 5. Scope.

(a) New construction. Any new public facility or multi-story housing, or portion thereof, the construction of which began after May 1, 1988, is subject to the current provisions of this Act. The Code adopted by the Capital Development Board shall apply as follows:

(1) Public facilities; new construction. Any new public facility or portion thereof, the construction of which is begun after May 1, 1988 is subject to the provisions of the Code applicable to new construction as the Code existed at the time the construction commenced.

(2) Multi-story housing; new construction. Any new multi-story housing, or portion thereof, the construction of which is begun after May 1, 1988, is subject to the provisions of the Code applicable to new construction as the Code existed at the time the construction commenced. Twenty percent of the dwelling units in the multi-story housing shall be adaptable and the adaptable units shall be distributed throughout the multi-story housing to provide a variety of sizes and locations. In addition, all common and public use spaces shall be in compliance with the Code.

(3) Any new public facility or multi-story housing (i) for which a specific contract for the planning has been awarded prior to the effective date of a new version of the Code and (ii) construction of which is begun within 12 months of the effective date of the new version of the Code shall be exempt from compliance with the new version of the Code and may instead comply with the version of the Code as it existed at the time the contract was awarded.

(4) Accessibility of structures; new construction. New housing subject to this Act shall comply with all applicable laws and regulations. In the case where the new housing is not defined as multi-story for the purposes of this Act, but instead is a building in which 4 or more dwelling units or sleeping units intended to be occupied as a residence are contained within a single structure, the housing shall comply with the technical guidance of the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines published March 6, 1991 and all subsequent versions, amendments, or supplements.

This subsection (4) does not apply within any unit of local government that by ordinance, rule, or regulation prescribes requirements to increase and facilitate access to the built environment by individuals with disabilities that are more stringent than those contained in this Act prior to the effective date of this amendatory Act of the 94th General Assembly.

(5) This Act, together with the Illinois Accessibility Code, 71 Ill. Adm. Code 400, has the force of a building code and as such is law in the State of Illinois. Any violation of the Code is deemed a violation of this Act and subject to enforcement pursuant to this Act.

(b) Alterations. Any alteration to a public facility shall provide accessibility as follows:

(1) Alterations generally. No alteration shall be undertaken that decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration.

(2) Applicability. Any alteration of a public facility or multi-story housing shall comply with the Code provisions regarding alterations as such provisions exist at the time such alteration commences.

(3) Path of travel to primary function area. An alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the entrance route to the altered area and the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless the cost of the alterations to provide an accessible path of travel to the primary function area exceeds 20% of the cost of the overall alteration, or such alterations are otherwise disproportionate to the overall alterations in terms of cost and scope as set forth in the Code.

(c) No governmental unit may enter into a new or renewal agreement to lease, rent or use, in whole or in part, any building, structure or improved area which does not comply with the Code. Any governmental unit which is leasing, renting or using, in whole or in part, any building, structure or improved area which does not comply with the Code shall make all reasonable efforts to terminate such lease, rental or use.

(d) No public facility may be constructed or altered and no multi-story housing may be constructed without the statement of an architect registered in the State of Illinois that the plans for the work to be performed comply with the provisions of this Act and the Code promulgated hereunder unless the cost of such construction or alteration is less than $50,000. In the case of construction or alteration of an engineering nature, where the plans are prepared by an engineer, the statement may be made by a professional engineer registered in the State of Illinois or a structural engineer registered in the State of Illinois that the engineering plans comply with the provisions of this Act and the Code promulgated hereunder. The architect's and/or engineer's statement shall be filed by the architect or engineer and maintained in the office of the governmental unit responsible for the issuance of the building permit. In those governmental units which do not issue building permits, the statement shall be filed and maintained in the office of the county clerk.

(e) The requirements found in the Code cannot be waived by any party.

(Source: P.A. 99-582, eff. 1-1-17.)