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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2956 Introduced 2/18/2016, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Barriers Act. Changes references from "accessibility standards" to "the Illinois Accessibility Code", and makes related changes. Makes changes to provisions concerning definitions. Removes a provision requiring the Capital Development Board to establish standards for areas restricted to employee use. Requires the Capital Development Board to update the Code within 3 years (rather than 2 years) after federal standards are updated. Provides that the Act generally applies to public facilities and multi-story housing constructed after May 1, 1988, with specific provisions concerning the Code's application. Requires new housing construction to comply with the Department of Housing and Urban Development's March 6, 1991 Fair Housing Accessibility Guidelines and all later versions, amendments, and supplements. Requires all alterations to public facilities and multi-story housing to comply with the Code as it exists at the time of alteration. Adds provisions concerning alterations that impact accessibility or usability of paths of travel. Repeals provisions concerning alterations. Combines provisions concerning civil enforcement and other penalties. Provides that any violation of the Code is a violation of the Act. Provides the Attorney General with discretion to investigate complaints made under the Act. Adds enforcement provisions concerning the powers of the Attorney General. Changes references from "environmentally limited persons" to "individuals with disabilities". Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Barriers Act is amended by |
5 | | changing Sections 2, 3, 4, 5, 6, and 8 as follows:
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6 | | (410 ILCS 25/2) (from Ch. 111 1/2, par. 3712)
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7 | | Sec. 2. Statement of Findings and Purpose. The General |
8 | | Assembly finds that:
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9 | | (a) Public facilities and multi-story housing units which |
10 | | contain
environmental barriers create a serious threat to the |
11 | | safety and welfare of
all members of society both in normal |
12 | | conditions and in the event of fire,
panic and other emergency .
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13 | | (b) Individuals with disabilities Environmentally limited |
14 | | persons are often denied access to and use
of public facilities |
15 | | and multi-story housing units due to environmental
barriers |
16 | | which prevent them from exercising many of their rights and
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17 | | privileges as citizens.
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18 | | (c) The integration of individuals with disabilities |
19 | | environmentally limited persons into the
mainstream of society |
20 | | furthers the goals and policies of this State to
assure the |
21 | | right of all persons to live and work as independently as
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22 | | possible and to participate in the life of the community as |
23 | | fully as possible.
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1 | | Therefore, eliminating environmental barriers is an object |
2 | | of serious
public concern. This Act shall be liberally |
3 | | construed toward that end.
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4 | | (Source: P.A. 84-948.)
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5 | | (410 ILCS 25/3) (from Ch. 111 1/2, par. 3713)
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6 | | Sec. 3. Definitions. As used in this Act and the Illinois |
7 | | Accessibility Code (71 Ill. Adm. Code 400) :
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8 | | "2010 Standards for Accessible Design" means the |
9 | | regulations promulgated by the Department of Justice, 28 CFR |
10 | | Parts 35 and 36, pursuant to the Americans with Disabilities |
11 | | Act of 1990 (ADA). |
12 | | "Accessibility Code" or "Code" "Accessibility standards" |
13 | | or "standards" means those
standards, known as the Illinois |
14 | | Accessibility Code, 71 Ill. Adm. Code 400,
adopted by the |
15 | | Capital Development Board pursuant to Section 4 of this Act . |
16 | | "Accessible" means that a site, building, facility, or |
17 | | portion thereof is compliant with the Code. |
18 | | "Accessible means of egress" means a continuous and |
19 | | unobstructed way of egress travel from any point in a building |
20 | | or facility that provides an accessible route to an area of |
21 | | refuge, a horizontal exit, or a public way. |
22 | | "Accessible route" means a continuous unobstructed path |
23 | | connecting all accessible elements and spaces of a building or |
24 | | facility. Interior accessible routes may include corridors, |
25 | | floors, ramps, elevators, lifts, skywalks, tunnels, and clear |
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1 | | floor space at fixtures. Exterior accessible routes may include |
2 | | parking access aisles, curb ramps, crosswalks at vehicular |
3 | | ways, walks, ramps, and lifts. |
4 | | "Adaptability" or "adaptable" means the ability of certain |
5 | | building spaces and elements, such as kitchen counters, sinks |
6 | | and grab bars, to be added or altered so as to accommodate the |
7 | | needs of individuals with different types or degrees of |
8 | | disability.
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9 | | "Adaptable dwelling unit" means a dwelling unit |
10 | | constructed and
equipped so it can be converted with minimal |
11 | | structural change for use by
persons with different types and |
12 | | degrees of disability environmental
limitation .
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13 | | "Addition" means an expansion, extension, or increase in |
14 | | the gross
floor area of a public facility or multi-story |
15 | | housing unit.
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16 | | "Alteration" means any modification or renovation that |
17 | | affects or
could affect the usability of the building or |
18 | | facility or part of the
building or facility. "Alteration" |
19 | | includes, but is not limited to,
remodeling, renovation, |
20 | | rehabilitation, reconstruction, historic preservation,
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21 | | historic reconstruction, historic rehabilitation, historic |
22 | | restoration, changes to or rearrangement of the
structural |
23 | | parts or elements, changes to or replacement of plumbing |
24 | | fixtures or controls, changes to or rearrangement in the plan |
25 | | configuration of walls and full-height partitions, resurfacing |
26 | | of circulation paths or vehicular ways, and changes or |
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1 | | improvements to parking lots. extraordinary repairs, plumbing |
2 | | fixture changes,
and changes or rearrangements in the plan |
3 | | configuration of walls and
full-height partitions. The |
4 | | following work is not considered to be an
alteration unless it |
5 | | affects the usability of the building or facility: normal
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6 | | maintenance, reroofing, painting or wallpapering interior or |
7 | | exterior redecoration , or changes to
mechanical and electrical |
8 | | systems , replacement of plumbing, piping, or valves,
asbestos |
9 | | removal, or installation of fire sprinkler systems .
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10 | | "Built environment" means those parts of the physical |
11 | | environment
which are designed, constructed or altered by |
12 | | people, including all public
facilities and multi-story |
13 | | housing units.
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14 | | "Circulation path" means an exterior or interior way of |
15 | | passage provided for pedestrian travel, including, but not |
16 | | limited to, walks, hallways, courtyards, elevators, platform |
17 | | lifts, ramps, stairways, and landings. |
18 | | "Common use areas" or "common areas" means areas , including |
19 | | interior and exterior rooms, spaces, or elements, which are |
20 | | held out for use by all tenants
and owners in public facilities |
21 | | and multi-story housing , including, but not limited to, |
22 | | residents of an apartment building or condominium complex, |
23 | | occupants of an office building, or the guests of such |
24 | | residents or occupants. "Common use areas" or "common areas" |
25 | | includes, but is units including,
but not limited to, lobbies, |
26 | | elevators, hallways, laundry rooms, swimming
pools, storage |
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1 | | rooms, recreation areas, parking garages, building offices,
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2 | | conference rooms, patios, restrooms, telephones, drinking |
3 | | fountains,
restaurants, cafeterias, delicatessens and stores.
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4 | | "Construction" means any erection, building, installation |
5 | | or
reconstruction. Additions shall be deemed construction for |
6 | | purposes
of this Act.
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7 | | "Curb ramp" means a ramp that cuts through or is built up |
8 | | to the curb. Curb ramps can be perpendicular or parallel, or a |
9 | | combination of parallel and perpendicular ramps. |
10 | | "Disability" means a physical or mental impairment that |
11 | | substantially limits one or more major life activities; a |
12 | | record or history of such an impairment; or regarded as having |
13 | | such an impairment. |
14 | | "Dwelling unit" means a single unit
of residence which |
15 | | provides a kitchen or food preparation area, in
addition to |
16 | | rooms and spaces for living, bathing, sleeping, and the like.
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17 | | Dwelling units are found in such housing types such as |
18 | | townhouses and apartment
buildings.
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19 | | "Element" means an architectural , or mechanical (including |
20 | | electrical and
plumbing) , or electrical component of a |
21 | | building, facility, space, or site, or public right-of-way. |
22 | | including but not
limited to a telephone, curb ramp, door, |
23 | | drinking fountain, seating, or water
closet.
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24 | | "Entrance" means any access point to a building or portion |
25 | | of a building or
facility or multi-story housing unit used for |
26 | | the purpose of entering. An
entrance includes the approach |
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1 | | walk, the vertical access leading to the
entrance platform, the |
2 | | entrance platform itself, vestibules if provided, and
the entry |
3 | | door or doors or gate or gates.
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4 | | "Environmental barrier" means an element or space of the |
5 | | built environment
which limits accessibility to or use of the |
6 | | built environment by individuals with disabilities
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7 | | environmentally limited persons .
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8 | | "Environmentally limited person" means a person with a |
9 | | disability or
condition who is restricted in the use of the |
10 | | built environment.
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11 | | "Facility" means all or any portion of buildings, |
12 | | structures, site improvements, elements, and pedestrian routes |
13 | | or vehicular ways located on a site. |
14 | | "Governmental unit" means State agencies and local |
15 | | government agencies as defined in the State Auditing Act, |
16 | | public colleges and universities, and school districts. the |
17 | | State or any political subdivision
thereof, including but not |
18 | | limited to any county, town, township, city,
village, |
19 | | municipality, municipal corporation, school district or other
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20 | | special purpose district.
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21 | | "Means of egress" means a continuous and unobstructed path |
22 | | of travel from
any point in a building or structure to a public |
23 | | way, consisting of 3
separate and distinct parts: the exit |
24 | | access, the exit, and the exit discharge.
A means of egress |
25 | | comprises vertical and horizontal means of travel and
includes |
26 | | intervening room spaces, doors, hallways, corridors, |
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1 | | passageways,
balconies, ramps, stairs, enclosures, lobbies, |
2 | | escalators, horizontal exits,
courts, and yards.
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3 | | "Multi-story housing unit " means any building of 4 or more |
4 | | stories
containing 10 or more dwelling units constructed to be |
5 | | held out for sale or
lease by any person to the public. |
6 | | "Multi-story housing" includes, but is not limited to, the |
7 | | following building types: apartment buildings, condominium |
8 | | apartment buildings, convents, housing for the elderly, and |
9 | | monasteries.
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10 | | "Occupiable" means a room or enclosed space designed for |
11 | | human occupancy in
which individuals congregate for amusement, |
12 | | educational, or similar purposes,
or in which occupants are |
13 | | engaged at labor, and that is equipped with means of
egress, |
14 | | light, and ventilation.
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15 | | "Owner" means the person contracting for the construction |
16 | | or alteration.
That person may be the owner of the real |
17 | | property or existing facility or the may
be a tenant of the |
18 | | real property or existing facility.
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19 | | "Primary function area" means an area of a building or |
20 | | facility containing a major activity for which the building or |
21 | | facility is intended. There can be multiple areas containing a |
22 | | primary function in a single building. Primary function areas |
23 | | are not limited to public use areas. Mixed use facilities may |
24 | | include numerous primary function areas for each use. Areas |
25 | | containing a primary function do not include: mechanical rooms, |
26 | | boiler rooms, supply storage rooms, employee lounges or locker |
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1 | | rooms, janitorial closets, entrances, corridors, or restrooms. |
2 | | Restrooms are not areas containing a primary function unless |
3 | | the provision of restrooms is a primary purpose of the area, |
4 | | such as in highway rest stops. |
5 | | "Public" means any group of people who are users of the |
6 | | building or employees of the building. The term "public" is not |
7 | | intended to include those people who are employed by the
owner |
8 | | of a building for the sole purpose of construction or |
9 | | alteration of a building during the
time in which the building |
10 | | is being constructed or altered. |
11 | | "Person" means one or more individuals, partnerships, |
12 | | associations,
unincorporated organizations, corporations, |
13 | | cooperatives, legal
representatives, trustees, receivers, |
14 | | agents, any group of persons or
any governmental unit.
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15 | | "Planning" means the preparation of architectural or
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16 | | engineering designs or plans, technical or other |
17 | | specifications,
landscaping plans or other preconstruction |
18 | | plans or specifications.
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19 | | "Public facility" means:
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20 | | (1) any building, structure, or site improvement which |
21 | | is:
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22 | | (i) owned by or on behalf of a governmental unit,
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23 | | (ii) leased, rented or used, in whole or in part, |
24 | | by a governmental
unit, or
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25 | | (iii) financed, in whole or in part, by a grant or |
26 | | a loan made or
guaranteed by a governmental unit; or
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1 | | (2) any building, structure, or site improvement used |
2 | | or held out for use
or intended for use by the public or by |
3 | | employees for one or more of, but not
limited to, the |
4 | | following:
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5 | | (i) the purpose of gathering, recreation, |
6 | | transient lodging, education,
employment, |
7 | | institutional care, or the purchase, rental, sale or |
8 | | acquisition of
any goods, personal property or |
9 | | services;
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10 | | (ii) places of public display or collection;
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11 | | (iii) social service establishments; and
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12 | | (iv) stations used for specified public |
13 | | transportation ; or .
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14 | | (3) a public right-of-way. |
15 | | "Public right-of-way" means public land or property, |
16 | | usually in interconnected corridors, that is acquired for or |
17 | | dedicated to transportation purposes. |
18 | | "Public way" means any street, alley, or other parcel of |
19 | | land open to the outside air leading to a
public street, which |
20 | | has been deeded, dedicated, or otherwise permanently |
21 | | appropriated to the public for public use, and which has a |
22 | | clear width and height of not less than 10 feet (3048 mm). |
23 | | "Ramp" means a walking surface that has a running slope |
24 | | steeper than 1:20. |
25 | | "Public" means any group of people who are users of the |
26 | | building and
employees of the building excluding those people |
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1 | | who are employed by the
owner of a building for construction or |
2 | | alteration of a building.
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3 | | "Reproduction cost" means the estimated cost of |
4 | | constructing a new
building, structure, or site improvement of |
5 | | like
size, design and materials at
the site of the original |
6 | | building, structure, or site improvement, assuming
such site is |
7 | | clear. The reproduction cost shall be determined by using
the |
8 | | recognized standards of an authoritative technical |
9 | | organization.
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10 | | "Site improvements" means landscaping, pedestrian and |
11 | | vehicular pathways,
steps, ramps, curb ramps, parking lots, |
12 | | outdoor lighting, recreational
facilities, and the like, added |
13 | | to a site.
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14 | | "Space" means a definable area, such as a toilet room, |
15 | | corridor,
assembly area, entrance, storage room, alcove, |
16 | | courtyard, or lobby.
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17 | | "State" means the State of Illinois and any instrumentality
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18 | | or agency thereof.
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19 | | "Technically infeasible" means, with respect to an |
20 | | alteration of a building or a facility, that something has |
21 | | little likelihood of being accomplished because existing |
22 | | structural conditions would require removing or altering a |
23 | | load-bearing member that is an essential part of the structural |
24 | | frame; or because other existing physical or site constraints |
25 | | prohibit modification or addition of elements, spaces, or |
26 | | features that are in full and strict compliance with the |
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1 | | minimum requirements. |
2 | | "Temporary building" means a building or any element of a |
3 | | building which is not permanent and is
designed to be used only |
4 | | for a short period of time for some special purpose. "Temporary
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5 | | building" includes, but is not limited to, reviewing stands, |
6 | | temporary classrooms,
bleacher areas, stages, platforms and |
7 | | daises, fixed furniture systems, wall systems, exhibit
areas, |
8 | | temporary banking facilities, and temporary health screening |
9 | | facilities. Structures and
equipment directly associated with |
10 | | the actual processes of construction are not required to be
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11 | | accessible. |
12 | | "Transient lodging" means a building or facility or portion |
13 | | of a building
or facility, excluding inpatient medical care |
14 | | facilities and owner-occupied
buildings of 4 or fewer lodging |
15 | | units. "Transient lodging" may include, but is
not limited to, |
16 | | resorts, group homes, hotels and motels, including cabins and
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17 | | other detached units, and dormitories.
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18 | | (Source: P.A. 89-539, eff. 7-19-96.)
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19 | | (410 ILCS 25/4) (from Ch. 111 1/2, par. 3714)
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20 | | Sec. 4. Illinois Accessibility Code Standards . The Capital |
21 | | Development Board shall adopt and
publish accessibility |
22 | | standards known as the Illinois Accessibility Code . With |
23 | | respect to Accessibility standards for public
facilities , the |
24 | | Code shall dictate minimum design, construction , and |
25 | | alteration
requirements to facilitate access to and use of the |
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1 | | public facility by individuals with disabilities
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2 | | environmentally limited persons . With respect
to Accessibility |
3 | | standards for multi-story
housing , the Code units shall dictate |
4 | | minimum design and construction requirements to
facilitate |
5 | | access to and use of the common areas by individuals with |
6 | | disabilities environmentally limited
persons and create a |
7 | | number of adaptable dwelling units in accordance with
Section |
8 | | 5. With respect to areas within public facilities or |
9 | | multi-story
housing units which areas are restricted to use by |
10 | | the employees of
businesses or concerns occupying such |
11 | | restricted areas, the Capital
Development Board shall |
12 | | promulgate standards designed to ensure that such
areas will be |
13 | | accessible to those environmentally limited persons who can
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14 | | reasonably be expected to perform the duties of a job therein.
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15 | | The Code standards shall be adopted and revised in |
16 | | accordance
with the Illinois Administrative Procedure Act. |
17 | | Beginning on the effective date of this amendatory Act of the |
18 | | 98th General Assembly, the Capital Development Board shall |
19 | | begin the process of updating the 1997 Illinois Accessibility |
20 | | Code and shall model the updates on the 2010 ADA Standards for |
21 | | Accessible Design. By no later than January 1, 2017, the |
22 | | Capital Development Board shall adopt and
publish the updated |
23 | | Illinois Accessibility Code. The updated Illinois |
24 | | Accessibility Code may be more stringent than the 2010 ADA |
25 | | Standards for Accessible Design and may identify specific |
26 | | standards. Beginning on January 1, 2017, if the ADA Standards |
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1 | | for Accessible Design are updated, then the Capital Development |
2 | | Board shall update its accessibility standards, in keeping with |
3 | | the ADA Standards for Accessible Design, within 3 2 years after |
4 | | the ADA Standards for Accessible Design updates and shall adopt |
5 | | and publish an updated Illinois Accessibility Code.
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6 | | The Capital Development Board may issue written |
7 | | interpretation of the Code
standards adopted under Section 4 of |
8 | | this Act. The Capital Development
Board shall issue an |
9 | | interpretation within 30 calendar days of receipt of a
written |
10 | | request by certified mail unless a longer period is agreed to |
11 | | by the
parties. Interpretations issued under this Section are |
12 | | project specific and
do not constitute precedent for future or |
13 | | different circumstances.
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14 | | (Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15.)
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15 | | (410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)
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16 | | Sec. 5. Scope.
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17 | | (a) New
construction. Any new public facility or |
18 | | multi-story housing, or portion thereof, the
construction of |
19 | | which began after May 1, 1988, is subject to the current |
20 | | provisions of this Act.
The Code adopted by the Capital |
21 | | Development Board shall apply as follows The standards adopted |
22 | | by the Capital Development
Board shall apply to :
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23 | | (1) Public facilities; new construction Facilities; |
24 | | New Construction . Any new public
facility or portion |
25 | | thereof, the construction
of which is begun after May l, |
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1 | | 1988 is subject to
the provisions of the Code applicable to |
2 | | new construction as the Code existed at the time the |
3 | | construction commenced. the effective date of this Act. |
4 | | (2) Multi-story housing; new construction. Any new |
5 | | multi-story housing, or portion
thereof, the construction |
6 | | of which is begun after May 1, 1988, is subject to the |
7 | | provisions of
the Code applicable to new construction as |
8 | | the Code existed at
the time the construction commenced. |
9 | | Twenty percent, or at least one, whichever is greater, of |
10 | | the dwelling units in the multi-story housing shall be |
11 | | adaptable and the adaptable units shall be distributed |
12 | | throughout the multi-story housing to provide a variety of |
13 | | sizes and locations. In addition, all common and public use |
14 | | spaces shall be in compliance with the Code. |
15 | | (3) Any However, any
new public facility or multi-story |
16 | | housing (i) for which a specific contract for the planning
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17 | | has been awarded prior to the effective date of a new
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18 | | version of the Code this Act and (ii)
construction of which |
19 | | is begun within 12 months of the effective date of the new |
20 | | version of the Code
this Act shall be exempt from |
21 | | compliance with the new version of the Code and may instead |
22 | | comply
with the version of the Code as it existed at the |
23 | | time the contract was awarded. standards adopted
pursuant |
24 | | to this Act insofar as those standards vary from standards |
25 | | in the
Illinois Accessibility Code.
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26 | | (2) Multi-Story Housing Units; New Construction. Any |
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1 | | new
multi-story housing unit or portion thereof, the
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2 | | construction of which is begun after the effective date of |
3 | | this Act.
However, any new multi-story housing unit (i) for |
4 | | which a specific contract
for the planning has been awarded |
5 | | prior to the effective date of this Act
and (ii) |
6 | | construction of which is begun within 12 months of the |
7 | | effective
date of this Act shall be exempt from compliance |
8 | | with the standards adopted
pursuant to this Act insofar as |
9 | | those standards vary from standards in the
Illinois |
10 | | Accessibility Code.
Provided, however, that if the common |
11 | | areas comply with the standards,
if 20% of the dwelling |
12 | | units are adaptable and if the adaptable dwelling
units |
13 | | include dwelling units of various sizes and locations |
14 | | within the
multi-story housing unit, then the entire |
15 | | multi-story housing unit shall be
deemed to comply with the |
16 | | standards.
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17 | | (4) (a-1) Accessibility of structures; new |
18 | | construction. New housing subject to regulation under this |
19 | | Act shall comply be constructed in compliance with all |
20 | | applicable laws and regulations . In and, in the case where |
21 | | the new housing is and the new housing not defined as |
22 | | multi-story for the purposes of this Act , but instead is a |
23 | | building in which 4 or more dwelling units or sleeping |
24 | | units intended to be occupied as a residence are contained |
25 | | within a single structure, the housing shall comply with |
26 | | the technical guidance requirements of the Department of |
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1 | | Housing and Urban Development's Fair Housing Accessibility |
2 | | Guidelines published March 6, 1991 , and all subsequent |
3 | | versions,
amendments, or supplements the Supplement to |
4 | | Notice of Fair Housing Accessibility Guidelines: Questions |
5 | | and Answers about the Guidelines, published June 28, 1994 .
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6 | | This subsection (4) (a-1) does not apply within any |
7 | | unit of local government that by ordinance, rule, or |
8 | | regulation prescribes requirements to increase and |
9 | | facilitate access to the built environment by individuals |
10 | | with disabilities environmentally limited persons that are |
11 | | more stringent than those contained in this Act prior to |
12 | | the effective date of this amendatory Act of the 94th |
13 | | General Assembly.
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14 | | (5) This Act, together with the Illinois Accessibility |
15 | | Code, 71 Ill. Adm. Code 400, has the force of a building |
16 | | code and as such is law in the State of Illinois.
Any |
17 | | violation of the Code is
deemed a violation of this Act and |
18 | | subject to enforcement pursuant to this Act. |
19 | | (b) Alterations. Any alteration to a public facility shall
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20 | | provide accessibility as follows:
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21 | | (1) Alterations Generally. No alteration shall be |
22 | | undertaken that
decreases or has the effect
of decreasing |
23 | | accessibility or usability of a building or facility below |
24 | | the
requirements for new construction at the time of |
25 | | alteration.
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26 | | (2) Applicability. Any alteration of a public facility |
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1 | | or multi-story housing shall
comply with the Code |
2 | | provisions regarding alterations as such provisions exist |
3 | | at the time such
alteration commences. If the alteration |
4 | | costs 15% or less of the reproduction cost of the
public |
5 | | facility, the element or space being altered shall comply |
6 | | with the
applicable requirements for new construction.
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7 | | (3) Path of travel to primary function area. An |
8 | | alteration that affects or could affect the usability of or |
9 | | access to an area containing a primary function shall be |
10 | | made so as to ensure that, to the maximum extent
feasible, |
11 | | the path of travel to the primary function area, including |
12 | | the entrance route to the altered area and
the rest rooms, |
13 | | telephones, and drinking fountains serving the altered |
14 | | area, are readily accessible
to and usable by individuals |
15 | | with disabilities, unless the cost of the alterations to |
16 | | provide an
accessible path of travel to the primary |
17 | | function area exceeds 20% of the cost of the overall
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18 | | alteration, or such alterations are otherwise |
19 | | disproportionate to the overall alterations in terms of
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20 | | cost and scope as set forth in the Code. State Owned Public |
21 | | Facilities. If the alteration is to a public
facility owned |
22 | | by the State and
the alteration costs more than 15% but |
23 | | less than 50% of the reproduction cost
of the public |
24 | | facility, the following shall comply with the applicable
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25 | | requirements for new construction:
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26 | | (i) the element or space being altered,
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1 | | (ii) an entrance and a means of egress intended for |
2 | | use by the general
public,
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3 | | (iii) all spaces and elements necessary to provide |
4 | | horizontal and
vertical accessible routes between an |
5 | | accessible means entrance and means of
egress and the |
6 | | element or space being altered,
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7 | | (iv) at least one accessible toilet room for each |
8 | | sex or a unisex toilet
when permitted, if toilets are |
9 | | provided or required,
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10 | | (v) accessible parking spaces, where parking is |
11 | | provided, and
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12 | | (vi) an accessible route from public sidewalks or |
13 | | from accessible
parking spaces, if provided, to an |
14 | | accessible entrance.
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15 | | (4) All Other Public Facilities. If the alteration |
16 | | costs more than 15%
but less than 50% of the
reproduction |
17 | | cost of the public facility, and less than $100,000, the |
18 | | following
shall comply with the applicable requirements |
19 | | for new construction:
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20 | | (i) the element or space being altered, and
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21 | | (ii) an entrance and a means of egress intended for |
22 | | use by the general
public.
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23 | | (5) If the alteration costs more than 15% but less than |
24 | | 50%
of the reproduction cost of the public facility, and |
25 | | more than $100,000,
the following shall
comply with the |
26 | | applicable requirements for new construction:
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1 | | (i) the element or space being
altered,
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2 | | (ii) an entrance and
a means of egress intended for |
3 | | use by the general public,
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4 | | (iii) all spaces and elements necessary to provide |
5 | | horizontal and
vertical accessible routes between an |
6 | | accessible entrance and means of egress
and the element |
7 | | or space being altered; however, privately owned |
8 | | public
facilities are not required to provide vertical |
9 | | access in a building with 2
levels of occupiable space |
10 | | where the cost of providing such vertical access is
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11 | | more than 20% of the reproduction cost of the public |
12 | | facility,
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13 | | (iv) at least one accessible toilet room for each |
14 | | sex or a unisex
toilet, when permitted, if toilets are |
15 | | provided or required,
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16 | | (v) accessible parking spaces, where parking is |
17 | | provided, and
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18 | | (vi) an accessible route from
public sidewalks or |
19 | | from the accessible parking spaces, if provided, to an
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20 | | accessible entrance.
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21 | | (6) If the alteration costs 50% or more of the |
22 | | reproduction
cost of the
public facility, the entire public |
23 | | facility shall comply with the
applicable requirements for |
24 | | new construction.
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25 | | (c) Alterations to Specific Categories of Public |
26 | | Facilities. For
religious entities, private clubs, and |
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1 | | owner-occupied
transient lodging facilities of 5 units, |
2 | | compliance with the
standards adopted by the Capital |
3 | | Development Board is not mandatory if
the alteration costs 15% |
4 | | or less of the reproduction
cost of the public facility. |
5 | | However, if the cost of the
alteration exceeds
$100,000, the |
6 | | element or space being altered
must comply with applicable |
7 | | requirements for new construction. Alterations
over 15% of the |
8 | | reproduction cost of these public facilities are governed by
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9 | | subdivisions (4), (5), and (6) of subsection (b), as |
10 | | applicable.
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11 | | (d) Calculation of Reproduction Cost. For the purpose of |
12 | | calculating
percentages of reproduction cost, the
cost
of |
13 | | alteration shall be construed as the total actual combined cost |
14 | | of all
alterations made within any period of 30 months.
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15 | | (c) (e) No governmental unit may enter into a new or |
16 | | renewal agreement to
lease,
rent or use, in whole or in part, |
17 | | any building, structure or improved area
which does not comply |
18 | | with the new construction provisions of the Code standards . Any |
19 | | governmental unit which , on
the effective date of this Act, is |
20 | | leasing, renting or using, in whole or in
part, any building, |
21 | | structure or improved area which does not comply with
the Code |
22 | | standards shall make all reasonable efforts to terminate such |
23 | | lease,
rental or use by January 1, 1990 .
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24 | | (d) (f) No public facility may be constructed or altered |
25 | | and no multi-story
housing unit may be constructed without the |
26 | | statement of an architect
registered in the State of Illinois |
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1 | | that the
plans for the work to be performed comply with the |
2 | | provisions of this Act
and the Code standards promulgated |
3 | | hereunder unless the cost of such construction
or alteration is |
4 | | less than $50,000. In the case of construction or alteration
of |
5 | | an engineering nature, where the plans are prepared by an |
6 | | engineer,
the statement may be made by a professional engineer |
7 | | registered in
the State of Illinois or a structural engineer |
8 | | registered in the State of
Illinois that the engineering plans |
9 | | comply with the provisions of this Act
and the Code standards |
10 | | promulgated hereunder. The architect's and/or engineer's
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11 | | statement shall be filed by the architect or engineer and |
12 | | maintained in the
office of the governmental unit responsible |
13 | | for the issuance of the
building permit. In those governmental |
14 | | units which do
not issue building permits, the statement shall |
15 | | be filed and
maintained in the office of the county clerk.
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16 | | (e) The requirements found in the Code cannot be waived by |
17 | | any party. |
18 | | (Source: P.A. 94-283, eff. 1-1-06.)
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19 | | (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
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20 | | Sec. 6. Civil Enforcement. |
21 | | (a) The Attorney General shall have
authority to enforce |
22 | | the Code the standards . The Attorney General may shall |
23 | | investigate
any complaint or reported violation of this Act |
24 | | and, where necessary to
ensure compliance, may do bring an |
25 | | action for any or all of the following:
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1 | | (1) Conduct an investigation to determine if a |
2 | | violation of this Act and the Code
exist. This includes the |
3 | | power to: mandamus;
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4 | | (A) require the individual or entity to file a |
5 | | statement or report in writing under oath or otherwise, |
6 | | as to all information the Attorney General may |
7 | | consider; |
8 | | (B) examine under oath any person alleged to have |
9 | | participated in or with knowledge of
the violations; |
10 | | and |
11 | | (C) issue subpoenas or conduct hearing in aid of |
12 | | any investigation. |
13 | | (2) Bring an action for injunction to halt construction |
14 | | or alteration of any public facility or multi-story housing
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15 | | or to require compliance with the Code standards by any |
16 | | public facility or multi-story housing which
has been or is |
17 | | being constructed or altered in violation of this Act and |
18 | | the Code. ;
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19 | | (3) Bring an action for mandamus. injunction to halt |
20 | | construction of any multi-story housing unit or
to require |
21 | | compliance with the standards by any multi-story housing |
22 | | unit
which has been or is being constructed in violation of |
23 | | this Act; or
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24 | | (4) Bring an action for penalties as follows: other |
25 | | appropriate relief.
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26 | | (A) any owner of a public facility or multi-story |
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1 | | housing in violation of this Act shall be
subject to |
2 | | civil penalties in a sum not to exceed $250 per day, |
3 | | and each day the owner is
in violation of this Act |
4 | | constitutes a separate offense; |
5 | | (B) any architect or engineer negligently or |
6 | | intentionally stating pursuant to Section 5 of
this Act |
7 | | that a plan is in compliance with this Act when such |
8 | | plan is not in compliance shall be subject to a |
9 | | suspension, revocation, or refusal of restoration of |
10 | | his or her
certificate of registration or license |
11 | | pursuant to the Illinois Architecture Practice Act of |
12 | | 1989, the Professional Engineering Practice Act of |
13 | | 1989, and the Structural Engineering Practice Act of |
14 | | 1989; and |
15 | | (C) any person issuing a building permit or other |
16 | | official authorization for the
construction or |
17 | | alteration of a public facility or the construction of |
18 | | multi-story housing in
violation of this Act shall be |
19 | | subject to civil penalties in a sum not to exceed |
20 | | $1,000. |
21 | | (5) Bring an action for any other appropriate relief, |
22 | | including, but not limited to, in lieu of a
civil action, |
23 | | the entry of an Assurance of Voluntary Compliance with the |
24 | | individual or entity
deemed to have violated this Act. |
25 | | (b) A public facility or multi-story housing continues to |
26 | | be in violation of this Act and the
Code following construction |
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1 | | or alteration so long as the public facility is not compliant |
2 | | with this
Act and the Code. |
3 | | (Source: P.A. 91-357, eff. 7-29-99.)
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4 | | (410 ILCS 25/8) (from Ch. 111 1/2, par. 3718)
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5 | | Sec. 8. Local Standards. The provisions of this Act and the |
6 | | Code adopted under this Act regulations
and standards |
7 | | promulgated hereunder constitute minimum requirements for all
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8 | | governmental units, including home rule units. Any |
9 | | governmental unit may enact
prescribe more stringent |
10 | | requirements to increase and facilitate access to
the built |
11 | | environment by individuals with disabilities environmentally |
12 | | limited persons .
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13 | | (Source: P.A. 84-948.)
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14 | | (410 ILCS 25/7 rep.) |
15 | | Section 10. The Environmental Barriers Act is amended by |
16 | | repealing Section 7.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 410 ILCS 25/2 | from Ch. 111 1/2, par. 3712 | | 4 | | 410 ILCS 25/3 | from Ch. 111 1/2, par. 3713 | | 5 | | 410 ILCS 25/4 | from Ch. 111 1/2, par. 3714 | | 6 | | 410 ILCS 25/5 | from Ch. 111 1/2, par. 3715 | | 7 | | 410 ILCS 25/6 | from Ch. 111 1/2, par. 3716 | | 8 | | 410 ILCS 25/8 | from Ch. 111 1/2, par. 3718 | | 9 | | 410 ILCS 25/7 rep. | |
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