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HB0055 Enrolled |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Barriers Act is amended by |
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| changing Section 5 as follows:
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| (410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)
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| Sec. 5. Scope.
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| (a) The standards adopted by the Capital Development
Board |
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| shall apply to:
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| (1) Public Facilities; New Construction. Any new |
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| public
facility or portion thereof, the construction
of |
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| which is begun after the effective date of this Act. |
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| However, any
new public facility (i) for which a specific |
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| contract for the planning
has been awarded prior to the |
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| effective date of this Act and (ii)
construction of which |
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| is begun within 12 months of the effective date of
this Act |
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| shall be exempt from compliance with the standards adopted
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| pursuant to this Act insofar as those standards vary from |
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| standards in the
Illinois Accessibility Code.
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| (2) Multi-Story Housing Units; New Construction. Any |
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| new
multi-story housing unit or portion thereof, the
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| construction of which is begun after the effective date of |
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| this Act.
However, any new multi-story housing unit (i) for |
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| which a specific contract
for the planning has been awarded |
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| prior to the effective date of this Act
and (ii) |
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| construction of which is begun within 12 months of the |
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| effective
date of this Act shall be exempt from compliance |
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| with the standards adopted
pursuant to this Act insofar as |
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| those standards vary from standards in the
Illinois |
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| Accessibility Code.
Provided, however, that if the common |
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| areas comply with the standards,
if 20% of the dwelling |
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| units are adaptable and if the adaptable dwelling
units |
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HB0055 Enrolled |
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LRB094 04034 RXD 34051 b |
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| include dwelling units of various sizes and locations |
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| within the
multi-story housing unit, then the entire |
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| multi-story housing unit shall be
deemed to comply with the |
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| standards.
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| (a-1) Accessibility of structures; new construction. New |
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| housing subject to regulation under this Act shall be |
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| constructed in compliance with all applicable regulations and , |
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| in the case where the new housing and the new housing not |
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| defined as multi-story for the purposes of this Act is a |
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| building in which 4 or more dwelling units or sleeping units |
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| intended to be occupied as a residence are contained within a |
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| single structure, with the technical requirements of the |
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| Department of Housing and Urban Development's Fair Housing |
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| Accessibility Guidelines published March 6, 1991, and the |
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| Supplement to Notice of Fair Housing Accessibility Guidelines: |
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| Questions and Answers about the Guidelines, published June 28, |
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| 1994.
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| This subsection (a-1) does not apply within any unit of |
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| local government that by ordinance, rule, or regulation |
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| prescribes requirements to increase and facilitate access to |
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| the built environment by environmentally limited persons that |
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| are more stringent than those contained in this Act prior to |
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| the effective date of this amendatory Act of the 94th General |
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| Assembly.
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| This Act, together with the Illinois Accessibility Code, 71 |
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| Ill. Adm. Code 400, has the force of a building code and as |
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| such is law in the State of Illinois.
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| (b) Alterations. Any alteration to a public facility shall
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| provide accessibility as follows:
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| (1) Alterations Generally. No alteration shall be |
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| undertaken that
decreases or has the effect
of decreasing |
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| accessibility or usability of a building or facility below |
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| the
requirements for new construction at the time of |
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| alteration.
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| (2) If the alteration costs 15% or less of the |
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| reproduction cost of the
public facility, the element or |
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HB0055 Enrolled |
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LRB094 04034 RXD 34051 b |
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| space being altered shall comply with the
applicable |
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| requirements for new construction.
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| (3) State Owned Public Facilities. If the alteration is |
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| to a public
facility owned by the State and
the alteration |
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| costs more than 15% but less than 50% of the reproduction |
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| cost
of the public facility, the following shall comply |
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| with the applicable
requirements for new construction:
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| (i) the element or space being altered,
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| (ii) an entrance and a means of egress intended for |
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| use by the general
public,
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| (iii) all spaces and elements necessary to provide |
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| horizontal and
vertical accessible routes between an |
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| accessible means entrance and means of
egress and the |
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| element or space being altered,
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| (iv) at least one accessible toilet room for each |
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| sex or a unisex toilet
when permitted, if toilets are |
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| provided or required,
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| (v) accessible parking spaces, where parking is |
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| provided, and
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| (vi) an accessible route from public sidewalks or |
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| from accessible
parking spaces, if provided, to an |
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| accessible entrance.
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| (4) All Other Public Facilities. If the alteration |
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| costs more than 15%
but less than 50% of the
reproduction |
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| cost of the public facility, and less than $100,000, the |
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| following
shall comply with the applicable requirements |
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| for new construction:
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| (i) the element or space being altered, and
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| (ii) an entrance and a means of egress intended for |
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| use by the general
public.
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| (5) If the alteration costs more than 15% but less than |
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| 50%
of the reproduction cost of the public facility, and |
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| more than $100,000,
the following shall
comply with the |
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| applicable requirements for new construction:
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| (i) the element or space being
altered,
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| (ii) an entrance and
a means of egress intended for |
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LRB094 04034 RXD 34051 b |
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| use by the general public,
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| (iii) all spaces and elements necessary to provide |
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| horizontal and
vertical accessible routes between an |
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| accessible entrance and means of egress
and the element |
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| or space being altered; however, privately owned |
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| public
facilities are not required to provide vertical |
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| access in a building with 2
levels of occupiable space |
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| where the cost of providing such vertical access is
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| more than 20% of the reproduction cost of the public |
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| facility,
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| (iv) at least one accessible toilet room for each |
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| sex or a unisex
toilet, when permitted, if toilets are |
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| provided or required,
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| (v) accessible parking spaces, where parking is |
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| provided, and
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| (vi) an accessible route from
public sidewalks or |
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| from the accessible parking spaces, if provided, to an
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| accessible entrance.
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| (6) If the alteration costs 50% or more of the |
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| reproduction
cost of the
public facility, the entire public |
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| facility shall comply with the
applicable requirements for |
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| new construction.
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| (c) Alterations to Specific Categories of Public |
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| Facilities. For
religious entities, private clubs, and |
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| owner-occupied
transient lodging facilities of 5 units, |
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| compliance with the
standards adopted by the Capital |
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| Development Board is not mandatory if
the alteration costs 15% |
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| or less of the reproduction
cost of the public facility. |
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| However, if the cost of the
alteration exceeds
$100,000, the |
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| element or space being altered
must comply with applicable |
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| requirements for new construction. Alterations
over 15% of the |
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| reproduction cost of these public facilities are governed by
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| subdivisions (4), (5), and (6) of subsection (b), as |
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| applicable.
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| (d) Calculation of Reproduction Cost. For the purpose of |
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| calculating
percentages of reproduction cost, the
cost
of |
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LRB094 04034 RXD 34051 b |
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| alteration shall be construed as the total actual combined cost |
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| of all
alterations made within any period of 30 months.
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| (e) No governmental unit may enter into a new or renewal |
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| agreement to
lease,
rent or use, in whole or in part, any |
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| building, structure or improved area
which does not comply with |
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| the standards. Any governmental unit which, on
the effective |
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| date of this Act, is leasing, renting or using, in whole or in
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| part, any building, structure or improved area which does not |
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| comply with
the standards shall make all reasonable efforts to |
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| terminate such lease,
rental or use by January 1, 1990.
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| (f) No public facility may be constructed or altered and no |
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| multi-story
housing unit may be constructed without the |
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| statement of an architect
registered in the State of Illinois |
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| that the
plans for the work to be performed comply with the |
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| provisions of this Act
and the standards promulgated hereunder |
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| unless the cost of such construction
or alteration is less than |
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| $50,000. In the case of construction or alteration
of an |
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| engineering nature, where the plans are prepared by an |
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| engineer,
the statement may be made by a professional engineer |
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| registered in
the State of Illinois or a structural engineer |
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| registered in the State of
Illinois that the engineering plans |
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| comply with the provisions of this Act
and the standards |
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| promulgated hereunder. The architect's and/or engineer's
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| statement shall be filed by the architect or engineer and |
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| maintained in the
office of the governmental unit responsible |
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| for the issuance of the
building permit. In those governmental |
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| units which do
not issue building permits, the statement shall |
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| be filed and
maintained in the office of the county clerk.
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| (Source: P.A. 89-539, eff. 7-19-96.)
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