103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5242

 

Introduced 2/9/2024, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 25/3  from Ch. 111 1/2, par. 3713
410 ILCS 25/5  from Ch. 111 1/2, par. 3715

    Amends the Environmental Barriers Act. Defines "ICC/ANSI A117.1", as used in the Act, as meaning either of the 2 most recent editions of the International Code Council/American National Institute Standard A117.1 ("Accessible and Usable Buildings and Facilities"). Provides that no public facility may be constructed or altered and no multi-story housing may be constructed or altered (rather than only 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 the Act and the Code promulgated under the Act unless the cost of such construction or alteration is less than $50,000. Provides that multi-story housing that is not a public facility but that is subject to specified requirements shall be deemed to be in compliance with the Code if all dwelling units in the multi-story housing are required to be adaptable dwelling units comply with the requirements for Type A units in ICC/ANSI A117.1, if dwelling units in the multi-story housing comply with the requirements for Type B units in ICC/ANSI A117.1, and if all common use and public uses spaces comply with the Code. Provides that an election to use this alternative compliance method must be explicitly identified in the required statement made by a professional engineer or a structural engineer.


LRB103 35481 AWJ 65551 b

 

 

A BILL FOR

 

HB5242LRB103 35481 AWJ 65551 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Barriers Act is amended by
5changing Sections 3 and 5 as follows:
 
6    (410 ILCS 25/3)  (from Ch. 111 1/2, par. 3713)
7    Sec. 3. Definitions. As used in this Act and the Illinois
8Accessibility Code (71 Ill. Adm. Code 400):
9    "2010 Standards for Accessible Design" means the
10regulations promulgated by the Department of Justice, 28 CFR
11Parts 35 and 36, pursuant to the Americans with Disabilities
12Act of 1990 (ADA).
13    "Accessibility Code" or "Code" means those standards,
14known as the Illinois Accessibility Code, 71 Ill. Adm. Code
15400, adopted by the Capital Development Board pursuant to
16Section 4 of this Act.
17    "Accessible" means that a site, building, facility, or
18portion thereof is compliant with the Code.
19    "Accessible means of egress" means a continuous and
20unobstructed way of egress travel from any point in a building
21or facility that provides an accessible route to an area of
22refuge, a horizontal exit, or a public way.
23    "Accessible route" means a continuous unobstructed path

 

 

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1connecting all accessible elements and spaces of a building or
2facility. Interior accessible routes may include corridors,
3floors, ramps, elevators, lifts, skywalks, tunnels, and clear
4floor space at fixtures. Exterior accessible routes may
5include parking access aisles, curb ramps, crosswalks at
6vehicular ways, walks, ramps, and lifts.
7    "Adaptability" or "adaptable" means the ability of certain
8building spaces and elements, such as kitchen counters, sinks
9and grab bars, to be added or altered so as to accommodate the
10needs of individuals with different types or degrees of
11disability.
12    "Adaptable dwelling unit" means a dwelling unit
13constructed and equipped so it can be converted with minimal
14structural change for use by persons with different types and
15degrees of disability.
16    "Alteration" means any modification or renovation that
17affects or could affect the usability of the building or
18facility or part of the building or facility. "Alteration"
19includes, but is not limited to, remodeling, renovation,
20rehabilitation, reconstruction, historic preservation,
21historic reconstruction, historic rehabilitation, historic
22restoration, changes to or rearrangement of the structural
23parts or elements, changes to or replacement of plumbing
24fixtures or controls, changes to or rearrangement in the plan
25configuration of walls and full-height partitions, resurfacing
26of circulation paths or vehicular ways, and changes or

 

 

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1improvements to parking lots. The following work is not
2considered to be an alteration unless it affects the usability
3of the building or facility: normal maintenance, reroofing,
4painting or wallpapering, or changes to mechanical and
5electrical systems.
6    "Built environment" means those parts of the physical
7environment which are designed, constructed or altered by
8people, including all public facilities and multi-story
9housing units.
10    "Circulation path" means an exterior or interior way of
11passage provided for pedestrian travel, including, but not
12limited to, walks, hallways, courtyards, elevators, platform
13lifts, ramps, stairways, and landings.
14    "Common use areas" or "common areas" means areas,
15including interior and exterior rooms, spaces, or elements,
16which are held out for use by all tenants and owners in public
17facilities and multi-story housing, including, but not limited
18to, residents of an apartment building or condominium complex,
19occupants of an office building, or the guests of such
20residents or occupants. "Common use areas" or "common areas"
21includes, but is not limited to, lobbies, elevators, hallways,
22laundry rooms, swimming pools, storage rooms, recreation
23areas, parking garages, building offices, conference rooms,
24patios, restrooms, telephones, drinking fountains,
25restaurants, cafeterias, delicatessens and stores.
26    "Disability" means a physical or mental impairment that

 

 

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1substantially limits one or more major life activities; a
2record or history of such an impairment; or regarded as having
3such an impairment.
4    "Dwelling unit" means a single unit of residence which
5provides a kitchen or food preparation area, in addition to
6rooms and spaces for living, bathing, sleeping, and the like.
7Dwelling units are found in housing types such as townhouses
8and apartment buildings.
9    "Element" means an architectural, mechanical (including
10plumbing), or electrical component of a building, facility,
11space, site, or public right-of-way.
12    "Entrance" means any access point to a building or portion
13of a building or facility or multi-story housing used for the
14purpose of entering. An entrance includes the approach walk,
15the vertical access leading to the entrance platform, the
16entrance platform itself, vestibules if provided, and the
17entry door or doors or gate or gates.
18    "Environmental barrier" means an element or space of the
19built environment which limits accessibility to or use of the
20built environment by individuals with disabilities.
21    "Facility" means all or any portion of buildings,
22structures, site improvements, elements, and pedestrian routes
23or vehicular ways located on a site.
24    "Governmental unit" means State agencies as defined in the
25State Auditing Act, circuit courts, units of local government
26and their officers, boards of election commissioners, public

 

 

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1colleges and universities, and school districts.
2    "ICC/ANSI A117.1" means either of the 2 most recent
3editions of the International Code Council/American National
4Institute Standard A117.1 ("Accessible and Usable Buildings
5and Facilities").
6    "Multi-story housing" means any building of 4 or more
7stories containing 10 or more dwelling units constructed to be
8held out for sale or lease by any person to the public.
9"Multi-story housing" includes, but is not limited to, the
10following building types: apartment buildings, condominium
11buildings, convents, housing for the elderly, and monasteries.
12    "Owner" means the owner of the real property or existing
13facility or the tenant of the real property or existing
14facility.
15    "Primary function area" means an area of a building or
16facility containing a major activity for which the building or
17facility is intended. There can be multiple areas containing a
18primary function in a single building. Primary function areas
19are not limited to public use areas. Mixed use facilities may
20include numerous primary function areas for each use. Areas
21containing a primary function do not include: mechanical
22rooms, boiler rooms, supply storage rooms, employee lounges or
23employee locker rooms, janitorial closets, entrances,
24corridors, or restrooms. Restrooms are not areas containing a
25primary function unless the provision of restrooms is a
26primary purpose of the area, such as in highway rest stops.

 

 

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1    "Public" means any group of people who are users of the
2building or employees of the building. The term "public" is
3not intended to include those people who are employed by the
4owner of a building for the sole purpose of construction or
5alteration of a building during the time in which the building
6is being constructed or altered.
7    "Public facility" means:
8        (1) any building, structure, or site improvement which
9    is:
10            (i) owned by or on behalf of a governmental unit,
11            (ii) leased, rented or used, in whole or in part,
12        by a governmental unit, or
13            (iii) financed, in whole or in part, by a grant or
14        a loan made or guaranteed by a governmental unit;
15        (2) any building, structure, or site improvement used
16    or held out for use or intended for use by the public or by
17    employees for one or more of, but not limited to, the
18    following:
19            (i) the purpose of gathering, recreation,
20        transient lodging, education, employment,
21        institutional care, or the purchase, rental, sale or
22        acquisition of any goods, personal property or
23        services;
24            (ii) places of public display or collection;
25            (iii) social service establishments; and
26            (iv) stations used for specified public

 

 

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1        transportation; or
2        (3) a public right-of-way.
3    "Public right-of-way" means public land or property,
4usually in interconnected corridors, that is acquired for or
5dedicated to transportation purposes.
6    "Public way" means any street, alley, or other parcel of
7land open to the outside air leading to a public street, which
8has been deeded, dedicated, or otherwise permanently
9appropriated to the public for public use, and which has a
10clear width and height of not less than 10 feet (3048 mm).
11    "State" means the State of Illinois and any
12instrumentality or agency thereof.
13    "Technically infeasible" means, with respect to an
14alteration of a building or a facility, that a requirement of
15this Act or the Code has little likelihood of being
16accomplished because existing structural conditions would
17require removing or altering a load-bearing member that is an
18essential part of the structural frame; or because other
19existing physical or site constraints prohibit modification or
20addition of elements, spaces, or features that are in full and
21strict compliance with the minimum requirements.
22(Source: P.A. 99-582, eff. 1-1-17.)
 
23    (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)
24    Sec. 5. Scope.
25    (a) New construction. Any new public facility or

 

 

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1multi-story housing, or portion thereof, the construction of
2which began after May 1, 1988, is subject to the current
3provisions of this Act. The Code adopted by the Capital
4Development Board shall apply as follows:
5        (1) Public facilities; new construction. Any new
6    public facility or portion thereof, the construction of
7    which is begun after May 1, 1988 is subject to the
8    provisions of the Code applicable to new construction as
9    the Code existed at the time the construction commenced.
10        (2) Multi-story housing; new construction. Any new
11    multi-story housing, or portion thereof, the construction
12    of which is begun after May 1, 1988, is subject to the
13    provisions of the Code applicable to new construction as
14    the Code existed at the time the construction commenced.
15    Twenty percent of the dwelling units in the multi-story
16    housing shall be adaptable and the adaptable units shall
17    be distributed throughout the multi-story housing to
18    provide a variety of sizes and locations. In addition, all
19    common and public use spaces shall be in compliance with
20    the Code.
21        (3) Any new public facility or multi-story housing (i)
22    for which a specific contract for the planning has been
23    awarded prior to the effective date of a new version of the
24    Code and (ii) construction of which is begun within 12
25    months of the effective date of the new version of the Code
26    shall be exempt from compliance with the new version of

 

 

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1    the Code and may instead comply with the version of the
2    Code as it existed at the time the contract was awarded.
3        (4) Accessibility of structures; new construction. New
4    housing subject to this Act shall comply with all
5    applicable laws and regulations. In the case where the new
6    housing is not defined as multi-story for the purposes of
7    this Act, but instead is a building in which 4 or more
8    dwelling units or sleeping units intended to be occupied
9    as a residence are contained within a single structure,
10    the housing shall comply with the technical guidance of
11    the Department of Housing and Urban Development's Fair
12    Housing Accessibility Guidelines published March 6, 1991
13    and all subsequent versions, amendments, or supplements.
14        This subsection (4) does not apply within any unit of
15    local government that by ordinance, rule, or regulation
16    prescribes requirements to increase and facilitate access
17    to the built environment by individuals with disabilities
18    that are more stringent than those contained in this Act
19    prior to the effective date of this amendatory Act of the
20    94th General Assembly.
21        (5) This Act, together with the Illinois Accessibility
22    Code, 71 Ill. Adm. Code 400, has the force of a building
23    code and as such is law in the State of Illinois. Any
24    violation of the Code is deemed a violation of this Act and
25    subject to enforcement pursuant to this Act.
26    (b) Alterations. Any alteration to a public facility shall

 

 

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1provide accessibility as follows:
2        (1) Alterations generally. No alteration shall be
3    undertaken that decreases or has the effect of decreasing
4    accessibility or usability of a building or facility below
5    the requirements for new construction at the time of
6    alteration.
7        (2) Applicability. Any alteration of a public facility
8    or multi-story housing shall comply with the Code
9    provisions regarding alterations as such provisions exist
10    at the time such alteration commences.
11        (3) Path of travel to primary function area. An
12    alteration that affects or could affect the usability of
13    or access to an area containing a primary function shall
14    be made so as to ensure that, to the maximum extent
15    feasible, the path of travel to the altered area,
16    including the entrance route to the altered area and the
17    rest rooms, telephones, and drinking fountains serving the
18    altered area, are readily accessible to and usable by
19    individuals with disabilities, unless the cost of the
20    alterations to provide an accessible path of travel to the
21    primary function area exceeds 20% of the cost of the
22    overall alteration, or such alterations are otherwise
23    disproportionate to the overall alterations in terms of
24    cost and scope as set forth in the Code.
25    (c) No governmental unit may enter into a new or renewal
26agreement to lease, rent or use, in whole or in part, any

 

 

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1building, structure or improved area which does not comply
2with the Code. Any governmental unit which is leasing, renting
3or using, in whole or in part, any building, structure or
4improved area which does not comply with the Code shall make
5all reasonable efforts to terminate such lease, rental or use.
6    (d) No public facility may be constructed or altered and
7no multi-story housing may be constructed or altered without
8the statement of an architect registered in the State of
9Illinois that the plans for the work to be performed comply
10with the provisions of this Act and the Code promulgated
11hereunder unless the cost of such construction or alteration
12is less than $50,000. In the case of construction or
13alteration of an engineering nature, where the plans are
14prepared by an engineer, the statement may be made by a
15professional engineer registered in the State of Illinois or a
16structural engineer registered in the State of Illinois that
17the engineering plans comply with the provisions of this Act
18and the Code promulgated hereunder. The architect's and/or
19engineer's statement shall be filed by the architect or
20engineer and maintained in the office of the governmental unit
21responsible for the issuance of the building permit. In those
22governmental units which do not issue building permits, the
23statement shall be filed and maintained in the office of the
24county clerk.
25    (e) The requirements found in the Code cannot be waived by
26any party.

 

 

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1    (f) Notwithstanding any other provision of this Act,
2multi-story housing that is not a public facility but that is
3subject to the requirements of subsection (a) or (b) shall be
4deemed to comply with this Act and with the Code if all
5dwelling units in the multi-story housing that are required to
6be adaptable dwelling units comply with the requirements for
7Type A units in ICC/ANSI A117.1, if all other single-story
8dwelling units in the multi-story housing comply with the
9requirements for Type B units in ICC/ANSI A117.1, and if all
10common use and public use spaces in the multi-story housing
11comply with the Code. An election to use the alternative
12compliance method described in this subsection must be
13explicitly identified in the statement required by subsection
14(d).
15(Source: P.A. 99-582, eff. 1-1-17.)