Public Act 094-0283
 
HB0055 Enrolled LRB094 04034 RXD 34051 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Barriers Act is amended by
changing Section 5 as follows:
 
    (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)
    Sec. 5. Scope.
    (a) The standards adopted by the Capital Development Board
shall apply to:
        (1)  Public Facilities; New Construction. Any new
    public facility or portion thereof, the construction of
    which is begun after the effective date of this Act.
    However, any new public facility (i) for which a specific
    contract for the planning has been awarded prior to the
    effective date of this Act and (ii) construction of which
    is begun within 12 months of the effective date of this Act
    shall be exempt from compliance with the standards adopted
    pursuant to this Act insofar as those standards vary from
    standards in the Illinois Accessibility Code.
        (2) Multi-Story Housing Units; New Construction. Any
    new multi-story housing unit or portion thereof, the
    construction of which is begun after the effective date of
    this Act. However, any new multi-story housing unit (i) for
    which a specific contract for the planning has been awarded
    prior to the effective date of this Act and (ii)
    construction of which is begun within 12 months of the
    effective date of this Act shall be exempt from compliance
    with the standards adopted pursuant to this Act insofar as
    those standards vary from standards in the Illinois
    Accessibility Code. Provided, however, that if the common
    areas comply with the standards, if 20% of the dwelling
    units are adaptable and if the adaptable dwelling units
    include dwelling units of various sizes and locations
    within the multi-story housing unit, then the entire
    multi-story housing unit shall be deemed to comply with the
    standards.
    (a-1) Accessibility of structures; new construction. New
housing subject to regulation under this Act shall be
constructed in compliance with all applicable regulations and,
in the case where the new housing and the new housing not
defined as multi-story for the purposes of this Act 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, with the technical requirements of the
Department of Housing and Urban Development's Fair Housing
Accessibility Guidelines published March 6, 1991, and the
Supplement to Notice of Fair Housing Accessibility Guidelines:
Questions and Answers about the Guidelines, published June 28,
1994.
    This subsection (a-1) 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 environmentally limited persons that
are more stringent than those contained in this Act prior to
the effective date of this amendatory Act of the 94th General
Assembly.
    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.
    (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) If the alteration costs 15% or less of the
    reproduction cost of the public facility, the element or
    space being altered shall comply with the applicable
    requirements for new construction.
        (3) State Owned Public Facilities. If the alteration is
    to a public facility owned by the State and the alteration
    costs more than 15% but less than 50% of the reproduction
    cost of the public facility, the following shall comply
    with the applicable requirements for new construction:
            (i) the element or space being altered,
            (ii) an entrance and a means of egress intended for
        use by the general public,
            (iii) all spaces and elements necessary to provide
        horizontal and vertical accessible routes between an
        accessible means entrance and means of egress and the
        element or space being altered,
            (iv) at least one accessible toilet room for each
        sex or a unisex toilet when permitted, if toilets are
        provided or required,
            (v) accessible parking spaces, where parking is
        provided, and
            (vi) an accessible route from public sidewalks or
        from accessible parking spaces, if provided, to an
        accessible entrance.
        (4) All Other Public Facilities. If the alteration
    costs more than 15% but less than 50% of the reproduction
    cost of the public facility, and less than $100,000, the
    following shall comply with the applicable requirements
    for new construction:
            (i) the element or space being altered, and
            (ii) an entrance and a means of egress intended for
        use by the general public.
        (5) If the alteration costs more than 15% but less than
    50% of the reproduction cost of the public facility, and
    more than $100,000, the following shall comply with the
    applicable requirements for new construction:
            (i) the element or space being altered,
            (ii) an entrance and a means of egress intended for
        use by the general public,
            (iii) all spaces and elements necessary to provide
        horizontal and vertical accessible routes between an
        accessible entrance and means of egress and the element
        or space being altered; however, privately owned
        public facilities are not required to provide vertical
        access in a building with 2 levels of occupiable space
        where the cost of providing such vertical access is
        more than 20% of the reproduction cost of the public
        facility,
            (iv) at least one accessible toilet room for each
        sex or a unisex toilet, when permitted, if toilets are
        provided or required,
            (v) accessible parking spaces, where parking is
        provided, and
            (vi) an accessible route from public sidewalks or
        from the accessible parking spaces, if provided, to an
        accessible entrance.
        (6) If the alteration costs 50% or more of the
    reproduction cost of the public facility, the entire public
    facility shall comply with the applicable requirements for
    new construction.
    (c) Alterations to Specific Categories of Public
Facilities. For religious entities, private clubs, and
owner-occupied transient lodging facilities of 5 units,
compliance with the standards adopted by the Capital
Development Board is not mandatory if the alteration costs 15%
or less of the reproduction cost of the public facility.
However, if the cost of the alteration exceeds $100,000, the
element or space being altered must comply with applicable
requirements for new construction. Alterations over 15% of the
reproduction cost of these public facilities are governed by
subdivisions (4), (5), and (6) of subsection (b), as
applicable.
    (d) Calculation of Reproduction Cost. For the purpose of
calculating percentages of reproduction cost, the cost of
alteration shall be construed as the total actual combined cost
of all alterations made within any period of 30 months.
    (e) 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 standards. Any governmental unit which, on the effective
date of this Act, is leasing, renting or using, in whole or in
part, any building, structure or improved area which does not
comply with the standards shall make all reasonable efforts to
terminate such lease, rental or use by January 1, 1990.
    (f) No public facility may be constructed or altered and no
multi-story housing unit 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 standards 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 standards
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.
(Source: P.A. 89-539, eff. 7-19-96.)