Full Text of SB2956 99th General Assembly
SB2956enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Barriers Act is amended by | 5 | | changing Sections 2, 3, 4, 5, 6, and 8 as follows:
| 6 | | (410 ILCS 25/2) (from Ch. 111 1/2, par. 3712)
| 7 | | Sec. 2. Statement of Findings and Purpose. The General | 8 | | Assembly finds that:
| 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 .
| 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
| 17 | | privileges as citizens.
| 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
| 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.
| 4 | | (Source: P.A. 84-948.)
| 5 | | (410 ILCS 25/3) (from Ch. 111 1/2, par. 3713)
| 6 | | Sec. 3. Definitions. As used in this Act and the Illinois | 7 | | Accessibility Code (71 Ill. Adm. Code 400) :
| 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.
| 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 .
| 13 | | "Addition" means an expansion, extension, or increase in | 14 | | the gross
floor area of a public facility or multi-story | 15 | | housing unit.
| 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,
| 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
| 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 .
| 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.
| 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,
| 2 | | conference rooms, patios, restrooms, telephones, drinking | 3 | | fountains,
restaurants, cafeterias, delicatessens and stores.
| 4 | | "Construction" means any erection, building, installation | 5 | | or
reconstruction. Additions shall be deemed construction for | 6 | | purposes
of this Act.
| 7 | | "Disability" means a physical or mental impairment that | 8 | | substantially limits one or more major life activities; a | 9 | | record or history of such an impairment; or regarded as having | 10 | | such an impairment. | 11 | | "Dwelling unit" means a single unit
of residence which | 12 | | provides a kitchen or food preparation area, in
addition to | 13 | | rooms and spaces for living, bathing, sleeping, and the like.
| 14 | | Dwelling units are found in such housing types such as | 15 | | townhouses and apartment
buildings.
| 16 | | "Element" means an architectural , or mechanical (including | 17 | | electrical and
plumbing) , or electrical component of a | 18 | | building, facility, space, or site, or public right-of-way. | 19 | | including but not
limited to a telephone, curb ramp, door, | 20 | | drinking fountain, seating, or water
closet.
| 21 | | "Entrance" means any access point to a building or portion | 22 | | of a building or
facility or multi-story housing unit used for | 23 | | the purpose of entering. An
entrance includes the approach | 24 | | walk, the vertical access leading to the
entrance platform, the | 25 | | entrance platform itself, vestibules if provided, and
the entry | 26 | | door or doors or gate or gates.
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| 1 | | "Environmental barrier" means an element or space of the | 2 | | built environment
which limits accessibility to or use of the | 3 | | built environment by individuals with disabilities
| 4 | | environmentally limited persons .
| 5 | | "Environmentally limited person" means a person with a | 6 | | disability or
condition who is restricted in the use of the | 7 | | built environment.
| 8 | | "Facility" means all or any portion of buildings, | 9 | | structures, site improvements, elements, and pedestrian routes | 10 | | or vehicular ways located on a site. | 11 | | "Governmental unit" means State agencies as defined in the | 12 | | State Auditing Act, circuit courts, units of local government | 13 | | and their officers, boards of election commissioners, public | 14 | | colleges and universities, and school districts. the State or | 15 | | any political subdivision
thereof, including but not limited to | 16 | | any county, town, township, city,
village, municipality, | 17 | | municipal corporation, school district or other
special | 18 | | purpose district.
| 19 | | "Means of egress" means a continuous and unobstructed path | 20 | | of travel from
any point in a building or structure to a public | 21 | | way, consisting of 3
separate and distinct parts: the exit | 22 | | access, the exit, and the exit discharge.
A means of egress | 23 | | comprises vertical and horizontal means of travel and
includes | 24 | | intervening room spaces, doors, hallways, corridors, | 25 | | passageways,
balconies, ramps, stairs, enclosures, lobbies, | 26 | | escalators, horizontal exits,
courts, and yards.
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| 1 | | "Multi-story housing unit " means any building of 4 or more | 2 | | stories
containing 10 or more dwelling units constructed to be | 3 | | held out for sale or
lease by any person to the public. | 4 | | "Multi-story housing" includes, but is not limited to, the | 5 | | following building types: apartment buildings, condominium | 6 | | buildings, convents, housing for the elderly, and monasteries.
| 7 | | "Occupiable" means a room or enclosed space designed for | 8 | | human occupancy in
which individuals congregate for amusement, | 9 | | educational, or similar purposes,
or in which occupants are | 10 | | engaged at labor, and that is equipped with means of
egress, | 11 | | light, and ventilation.
| 12 | | "Owner" means the person contracting for the construction | 13 | | or alteration.
That person may be the owner of the real | 14 | | property or existing facility or the may
be a tenant of the | 15 | | real property or existing facility.
| 16 | | "Primary function area" means an area of a building or | 17 | | facility containing a major activity for which the building or | 18 | | facility is intended. There can be multiple areas containing a | 19 | | primary function in a single building. Primary function areas | 20 | | are not limited to public use areas. Mixed use facilities may | 21 | | include numerous primary function areas for each use. Areas | 22 | | containing a primary function do not include: mechanical rooms, | 23 | | boiler rooms, supply storage rooms, employee lounges or | 24 | | employee locker rooms, janitorial closets, entrances, | 25 | | corridors, or restrooms. Restrooms are not areas containing a | 26 | | primary function unless the provision of restrooms is a primary |
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| 1 | | purpose of the area, such as in highway rest stops. | 2 | | "Public" means any group of people who are users of the | 3 | | building or employees of the building. The term "public" is not | 4 | | intended to include those people who are employed by the
owner | 5 | | of a building for the sole purpose of construction or | 6 | | alteration of a building during the
time in which the building | 7 | | is being constructed or altered. | 8 | | "Person" means one or more individuals, partnerships, | 9 | | associations,
unincorporated organizations, corporations, | 10 | | cooperatives, legal
representatives, trustees, receivers, | 11 | | agents, any group of persons or
any governmental unit.
| 12 | | "Planning" means the preparation of architectural or
| 13 | | engineering designs or plans, technical or other | 14 | | specifications,
landscaping plans or other preconstruction | 15 | | plans or specifications.
| 16 | | "Public facility" means:
| 17 | | (1) any building, structure, or site improvement which | 18 | | is:
| 19 | | (i) owned by or on behalf of a governmental unit,
| 20 | | (ii) leased, rented or used, in whole or in part, | 21 | | by a governmental
unit, or
| 22 | | (iii) financed, in whole or in part, by a grant or | 23 | | a loan made or
guaranteed by a governmental unit; or
| 24 | | (2) any building, structure, or site improvement used | 25 | | or held out for use
or intended for use by the public or by | 26 | | employees for one or more of, but not
limited to, the |
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| 1 | | following:
| 2 | | (i) the purpose of gathering, recreation, | 3 | | transient lodging, education,
employment, | 4 | | institutional care, or the purchase, rental, sale or | 5 | | acquisition of
any goods, personal property or | 6 | | services;
| 7 | | (ii) places of public display or collection;
| 8 | | (iii) social service establishments; and
| 9 | | (iv) stations used for specified public | 10 | | transportation ; or .
| 11 | | (3) a public right-of-way. | 12 | | "Public right-of-way" means public land or property, | 13 | | usually in interconnected corridors, that is acquired for or | 14 | | dedicated to transportation purposes. | 15 | | "Public way" means any street, alley, or other parcel of | 16 | | land open to the outside air leading to a
public street, which | 17 | | has been deeded, dedicated, or otherwise permanently | 18 | | appropriated to the public for public use, and which has a | 19 | | clear width and height of not less than 10 feet (3048 mm). | 20 | | "Public" means any group of people who are users of the | 21 | | building and
employees of the building excluding those people | 22 | | who are employed by the
owner of a building for construction or | 23 | | alteration of a building.
| 24 | | "Reproduction cost" means the estimated cost of | 25 | | constructing a new
building, structure, or site improvement of | 26 | | like
size, design and materials at
the site of the original |
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| 1 | | building, structure, or site improvement, assuming
such site is | 2 | | clear. The reproduction cost shall be determined by using
the | 3 | | recognized standards of an authoritative technical | 4 | | organization.
| 5 | | "Site improvements" means landscaping, pedestrian and | 6 | | vehicular pathways,
steps, ramps, curb ramps, parking lots, | 7 | | outdoor lighting, recreational
facilities, and the like, added | 8 | | to a site.
| 9 | | "Space" means a definable area, such as a toilet room, | 10 | | corridor,
assembly area, entrance, storage room, alcove, | 11 | | courtyard, or lobby.
| 12 | | "State" means the State of Illinois and any instrumentality
| 13 | | or agency thereof.
| 14 | | "Technically infeasible" means, with respect to an | 15 | | alteration of a building or a facility, that a requirement of | 16 | | this Act or the Code has little likelihood of being | 17 | | accomplished because existing structural conditions would | 18 | | require removing or altering a load-bearing member that is an | 19 | | essential part of the structural frame; or because other | 20 | | existing physical or site constraints prohibit modification or | 21 | | addition of elements, spaces, or features that are in full and | 22 | | strict compliance with the minimum requirements. | 23 | | "Transient lodging" means a building or facility or portion | 24 | | of a building
or facility, excluding inpatient medical care | 25 | | facilities and owner-occupied
buildings of 4 or fewer lodging | 26 | | units. "Transient lodging" may include, but is
not limited to, |
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| 1 | | resorts, group homes, hotels and motels, including cabins and
| 2 | | other detached units, and dormitories.
| 3 | | (Source: P.A. 89-539, eff. 7-19-96.)
| 4 | | (410 ILCS 25/4) (from Ch. 111 1/2, par. 3714)
| 5 | | Sec. 4. Illinois Accessibility Code Standards . The Capital | 6 | | Development Board shall adopt and
publish accessibility | 7 | | standards known as the Illinois Accessibility Code . With | 8 | | respect to Accessibility standards for public
facilities , the | 9 | | Code shall dictate minimum design, construction , and | 10 | | alteration
requirements to facilitate access to and use of the | 11 | | public facility by individuals with disabilities
| 12 | | environmentally limited persons . With respect
to Accessibility | 13 | | standards for multi-story
housing , the Code units shall dictate | 14 | | minimum design and construction requirements to
facilitate | 15 | | access to and use of the common areas by individuals with | 16 | | disabilities environmentally limited
persons and create a | 17 | | number of adaptable dwelling units in accordance with
Section | 18 | | 5. With respect to areas within public facilities or | 19 | | multi-story
housing units which areas are restricted to use by | 20 | | the employees of
businesses or concerns occupying such | 21 | | restricted areas, the Capital
Development Board shall | 22 | | promulgate standards designed to ensure that such
areas will be | 23 | | accessible to those environmentally limited persons who can
| 24 | | reasonably be expected to perform the duties of a job therein.
| 25 | | The Code standards shall be adopted and revised in |
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| 1 | | accordance
with the Illinois Administrative Procedure Act. | 2 | | Beginning on the effective date of this amendatory Act of the | 3 | | 98th General Assembly, the Capital Development Board shall | 4 | | begin the process of updating the 1997 Illinois Accessibility | 5 | | Code and shall model the updates on the 2010 ADA Standards for | 6 | | Accessible Design. By no later than January 1, 2017, the | 7 | | Capital Development Board shall adopt and
publish the updated | 8 | | Illinois Accessibility Code. The updated Illinois | 9 | | Accessibility Code may be more stringent than the 2010 ADA | 10 | | Standards for Accessible Design and may identify specific | 11 | | standards. Beginning on January 1, 2017, if the ADA Standards | 12 | | for Accessible Design are updated, then the Capital Development | 13 | | Board shall update its accessibility standards, in keeping with | 14 | | the ADA Standards for Accessible Design, within 3 2 years after | 15 | | the ADA Standards for Accessible Design updates and shall adopt | 16 | | and publish an updated Illinois Accessibility Code.
| 17 | | The Capital Development Board may issue written | 18 | | interpretation of the Code
standards adopted under Section 4 of | 19 | | this Act. The Capital Development
Board shall issue an | 20 | | interpretation within 30 calendar days of receipt of a
written | 21 | | request by certified mail unless a longer period is agreed to | 22 | | by the
parties. Interpretations issued under this Section are | 23 | | project specific and
do not constitute precedent for future or | 24 | | different circumstances.
| 25 | | (Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15.)
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| 1 | | (410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)
| 2 | | Sec. 5. Scope.
| 3 | | (a) New
construction. Any new public facility or | 4 | | multi-story housing, or portion thereof, the
construction of | 5 | | which began after May 1, 1988, is subject to the current | 6 | | provisions of this Act.
The Code adopted by the Capital | 7 | | Development Board shall apply as follows The standards adopted | 8 | | by the Capital Development
Board shall apply to :
| 9 | | (1) Public facilities; new construction Facilities; | 10 | | New Construction . Any new public
facility or portion | 11 | | thereof, the construction
of which is begun after May l, | 12 | | 1988 is subject to
the provisions of the Code applicable to | 13 | | new construction as the Code existed at the time the | 14 | | construction commenced. the effective date of this Act. | 15 | | (2) Multi-story housing; new construction. Any new | 16 | | multi-story housing, or portion
thereof, the construction | 17 | | of which is begun after May 1, 1988, is subject to the | 18 | | provisions of
the Code applicable to new construction as | 19 | | the Code existed at
the time the construction commenced. | 20 | | Twenty percent of the dwelling units in the multi-story | 21 | | housing shall be adaptable and the adaptable units shall be | 22 | | distributed throughout the multi-story housing to provide | 23 | | a variety of sizes and locations. In addition, all common | 24 | | and public use spaces shall be in compliance with the Code. | 25 | | (3) Any However, any
new public facility or multi-story | 26 | | housing (i) for which a specific contract for the planning
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| 1 | | has been awarded prior to the effective date of a new
| 2 | | version of the Code this Act and (ii)
construction of which | 3 | | is begun within 12 months of the effective date of the new | 4 | | version of the Code
this Act shall be exempt from | 5 | | compliance with the new version of the Code and may instead | 6 | | comply
with the version of the Code as it existed at the | 7 | | time the contract was awarded. standards adopted
pursuant | 8 | | to this Act insofar as those standards vary from standards | 9 | | in the
Illinois Accessibility Code.
| 10 | | (2) Multi-Story Housing Units; New Construction. Any | 11 | | new
multi-story housing unit or portion thereof, the
| 12 | | construction of which is begun after the effective date of | 13 | | this Act.
However, any new multi-story housing unit (i) for | 14 | | which a specific contract
for the planning has been awarded | 15 | | prior to the effective date of this Act
and (ii) | 16 | | construction of which is begun within 12 months of the | 17 | | effective
date of this Act shall be exempt from compliance | 18 | | with the standards adopted
pursuant to this Act insofar as | 19 | | those standards vary from standards in the
Illinois | 20 | | Accessibility Code.
Provided, however, that if the common | 21 | | areas comply with the standards,
if 20% of the dwelling | 22 | | units are adaptable and if the adaptable dwelling
units | 23 | | include dwelling units of various sizes and locations | 24 | | within the
multi-story housing unit, then the entire | 25 | | multi-story housing unit shall be
deemed to comply with the | 26 | | standards.
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| 1 | | (4) (a-1) Accessibility of structures; new | 2 | | construction. New housing subject to regulation under this | 3 | | Act shall comply be constructed in compliance with all | 4 | | applicable laws and regulations . In and, in the case where | 5 | | the new housing is and the new housing not defined as | 6 | | multi-story for the purposes of this Act , but instead is a | 7 | | building in which 4 or more dwelling units or sleeping | 8 | | units intended to be occupied as a residence are contained | 9 | | within a single structure, the housing shall comply with | 10 | | the technical guidance requirements of the Department of | 11 | | Housing and Urban Development's Fair Housing Accessibility | 12 | | Guidelines published March 6, 1991 , and all subsequent | 13 | | versions,
amendments, or supplements the Supplement to | 14 | | Notice of Fair Housing Accessibility Guidelines: Questions | 15 | | and Answers about the Guidelines, published June 28, 1994 .
| 16 | | This subsection (4) (a-1) does not apply within any | 17 | | unit of local government that by ordinance, rule, or | 18 | | regulation prescribes requirements to increase and | 19 | | facilitate access to the built environment by individuals | 20 | | with disabilities environmentally limited persons that are | 21 | | more stringent than those contained in this Act prior to | 22 | | the effective date of this amendatory Act of the 94th | 23 | | General Assembly.
| 24 | | (5) This Act, together with the Illinois Accessibility | 25 | | Code, 71 Ill. Adm. Code 400, has the force of a building | 26 | | code and as such is law in the State of Illinois.
Any |
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| 1 | | violation of the Code is
deemed a violation of this Act and | 2 | | subject to enforcement pursuant to this Act. | 3 | | (b) Alterations. Any alteration to a public facility shall
| 4 | | provide accessibility as follows:
| 5 | | (1) Alterations Generally. No alteration shall be | 6 | | undertaken that
decreases or has the effect
of decreasing | 7 | | accessibility or usability of a building or facility below | 8 | | the
requirements for new construction at the time of | 9 | | alteration.
| 10 | | (2) Applicability. Any alteration of a public facility | 11 | | or multi-story housing shall
comply with the Code | 12 | | provisions regarding alterations as such provisions exist | 13 | | at the time such
alteration commences. If the alteration | 14 | | costs 15% or less of the reproduction cost of the
public | 15 | | facility, the element or space being altered shall comply | 16 | | with the
applicable requirements for new construction.
| 17 | | (3) Path of travel to primary function area. An | 18 | | alteration that affects or could affect the usability of or | 19 | | access to an area containing a primary function shall be | 20 | | made so as to ensure that, to the maximum extent
feasible, | 21 | | the path of travel to the altered area, including the | 22 | | entrance route to the altered area and
the rest rooms, | 23 | | telephones, and drinking fountains serving the altered | 24 | | area, are readily accessible
to and usable by individuals | 25 | | with disabilities, unless the cost of the alterations to | 26 | | provide an
accessible path of travel to the primary |
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| 1 | | function area exceeds 20% of the cost of the overall
| 2 | | alteration, or such alterations are otherwise | 3 | | disproportionate to the overall alterations in terms of
| 4 | | cost and scope as set forth in the Code. State Owned Public | 5 | | Facilities. If the alteration is to a public
facility owned | 6 | | by the State and
the alteration costs more than 15% but | 7 | | less than 50% of the reproduction cost
of the public | 8 | | facility, the following shall comply with the applicable
| 9 | | requirements for new construction:
| 10 | | (i) the element or space being altered,
| 11 | | (ii) an entrance and a means of egress intended for | 12 | | use by the general
public,
| 13 | | (iii) all spaces and elements necessary to provide | 14 | | horizontal and
vertical accessible routes between an | 15 | | accessible means entrance and means of
egress and the | 16 | | element or space being altered,
| 17 | | (iv) at least one accessible toilet room for each | 18 | | sex or a unisex toilet
when permitted, if toilets are | 19 | | provided or required,
| 20 | | (v) accessible parking spaces, where parking is | 21 | | provided, and
| 22 | | (vi) an accessible route from public sidewalks or | 23 | | from accessible
parking spaces, if provided, to an | 24 | | accessible entrance.
| 25 | | (4) All Other Public Facilities. If the alteration | 26 | | costs more than 15%
but less than 50% of the
reproduction |
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| 1 | | cost of the public facility, and less than $100,000, the | 2 | | following
shall comply with the applicable requirements | 3 | | for new construction:
| 4 | | (i) the element or space being altered, and
| 5 | | (ii) an entrance and a means of egress intended for | 6 | | use by the general
public.
| 7 | | (5) If the alteration costs more than 15% but less than | 8 | | 50%
of the reproduction cost of the public facility, and | 9 | | more than $100,000,
the following shall
comply with the | 10 | | applicable requirements for new construction:
| 11 | | (i) the element or space being
altered,
| 12 | | (ii) an entrance and
a means of egress intended for | 13 | | use by the general public,
| 14 | | (iii) all spaces and elements necessary to provide | 15 | | horizontal and
vertical accessible routes between an | 16 | | accessible entrance and means of egress
and the element | 17 | | or space being altered; however, privately owned | 18 | | public
facilities are not required to provide vertical | 19 | | access in a building with 2
levels of occupiable space | 20 | | where the cost of providing such vertical access is
| 21 | | more than 20% of the reproduction cost of the public | 22 | | facility,
| 23 | | (iv) at least one accessible toilet room for each | 24 | | sex or a unisex
toilet, when permitted, if toilets are | 25 | | provided or required,
| 26 | | (v) accessible parking spaces, where parking is |
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| 1 | | provided, and
| 2 | | (vi) an accessible route from
public sidewalks or | 3 | | from the accessible parking spaces, if provided, to an
| 4 | | accessible entrance.
| 5 | | (6) If the alteration costs 50% or more of the | 6 | | reproduction
cost of the
public facility, the entire public | 7 | | facility shall comply with the
applicable requirements for | 8 | | new construction.
| 9 | | (c) Alterations to Specific Categories of Public | 10 | | Facilities. For
religious entities, private clubs, and | 11 | | owner-occupied
transient lodging facilities of 5 units, | 12 | | compliance with the
standards adopted by the Capital | 13 | | Development Board is not mandatory if
the alteration costs 15% | 14 | | or less of the reproduction
cost of the public facility. | 15 | | However, if the cost of the
alteration exceeds
$100,000, the | 16 | | element or space being altered
must comply with applicable | 17 | | requirements for new construction. Alterations
over 15% of the | 18 | | reproduction cost of these public facilities are governed by
| 19 | | subdivisions (4), (5), and (6) of subsection (b), as | 20 | | applicable.
| 21 | | (d) Calculation of Reproduction Cost. For the purpose of | 22 | | calculating
percentages of reproduction cost, the
cost
of | 23 | | alteration shall be construed as the total actual combined cost | 24 | | of all
alterations made within any period of 30 months.
| 25 | | (c) (e) No governmental unit may enter into a new or | 26 | | renewal agreement to
lease,
rent or use, in whole or in part, |
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| 1 | | any building, structure or improved area
which does not comply | 2 | | with the Code standards . Any governmental unit which , on
the | 3 | | effective date of this Act, is leasing, renting or using, in | 4 | | whole or in
part, any building, structure or improved area | 5 | | which does not comply with
the Code standards shall make all | 6 | | reasonable efforts to terminate such lease,
rental or use by | 7 | | January 1, 1990 .
| 8 | | (d) (f) No public facility may be constructed or altered | 9 | | and no multi-story
housing unit may be constructed without the | 10 | | statement of an architect
registered in the State of Illinois | 11 | | that the
plans for the work to be performed comply with the | 12 | | provisions of this Act
and the Code standards promulgated | 13 | | hereunder unless the cost of such construction
or alteration is | 14 | | less than $50,000. In the case of construction or alteration
of | 15 | | an engineering nature, where the plans are prepared by an | 16 | | engineer,
the statement may be made by a professional engineer | 17 | | registered in
the State of Illinois or a structural engineer | 18 | | registered in the State of
Illinois that the engineering plans | 19 | | comply with the provisions of this Act
and the Code standards | 20 | | promulgated hereunder. The architect's and/or engineer's
| 21 | | statement shall be filed by the architect or engineer and | 22 | | maintained in the
office of the governmental unit responsible | 23 | | for the issuance of the
building permit. In those governmental | 24 | | units which do
not issue building permits, the statement shall | 25 | | be filed and
maintained in the office of the county clerk.
| 26 | | (e) The requirements found in the Code cannot be waived by |
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| 1 | | any party. | 2 | | (Source: P.A. 94-283, eff. 1-1-06.)
| 3 | | (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
| 4 | | Sec. 6. Civil Enforcement. | 5 | | (a) The Attorney General shall have
authority to enforce | 6 | | the Code the standards . The Attorney General may shall | 7 | | investigate
any complaint or reported violation of this Act | 8 | | and, where necessary to
ensure compliance, may do bring an | 9 | | action for any or all of the following:
| 10 | | (1) Conduct an investigation to determine if a | 11 | | violation of this Act and the Code
exists. This includes | 12 | | the power to: mandamus;
| 13 | | (A) require an individual or entity to file a | 14 | | statement or report in writing under oath or otherwise, | 15 | | as to all information the Attorney General may | 16 | | consider; | 17 | | (B) examine under oath any person alleged to have | 18 | | participated in or with knowledge of
the violations; | 19 | | and | 20 | | (C) issue subpoenas or conduct hearings in aid of | 21 | | any investigation. | 22 | | (2) Bring an action for injunction to halt construction | 23 | | or alteration of any public facility or multi-story housing
| 24 | | or to require compliance with the Code standards by any | 25 | | public facility or multi-story housing which
has been or is |
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| 1 | | being constructed or altered in violation of this Act and | 2 | | the Code. ;
| 3 | | (3) Bring an action for mandamus. injunction to halt | 4 | | construction of any multi-story housing unit or
to require | 5 | | compliance with the standards by any multi-story housing | 6 | | unit
which has been or is being constructed in violation of | 7 | | this Act; or
| 8 | | (4) Bring an action for penalties as follows: other | 9 | | appropriate relief.
| 10 | | (A) any owner of a public facility or multi-story | 11 | | housing in violation of this Act shall be
subject to | 12 | | civil penalties in a sum not to exceed $250 per day, | 13 | | and each day the owner is
in violation of this Act | 14 | | constitutes a separate offense; | 15 | | (B) any architect or engineer negligently or | 16 | | intentionally stating pursuant to Section 5 of
this Act | 17 | | that a plan is in compliance with this Act when such | 18 | | plan is not in compliance shall be subject to a | 19 | | suspension, revocation, or refusal of restoration of | 20 | | his or her
certificate of registration or license | 21 | | pursuant to the Illinois Architecture Practice Act of | 22 | | 1989, the Professional Engineering Practice Act of | 23 | | 1989, and the Structural Engineering Practice Act of | 24 | | 1989; and | 25 | | (C) any person who knowingly issues a building | 26 | | permit or other official authorization for the
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| 1 | | construction or alteration of a public facility or the | 2 | | construction of multi-story housing in
violation of | 3 | | this Act shall be subject to civil penalties in a sum | 4 | | not to exceed $1,000. | 5 | | (5) Bring an action for any other appropriate relief, | 6 | | including, but not limited to, in lieu of a
civil action, | 7 | | the entry of an Assurance of Voluntary Compliance with the | 8 | | individual or entity
deemed to have violated this Act. | 9 | | (b) A public facility or multi-story housing continues to | 10 | | be in violation of this Act and the
Code following construction | 11 | | or alteration so long as the public facility or multi-story | 12 | | housing is not compliant with this
Act and the Code. | 13 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 14 | | (410 ILCS 25/8) (from Ch. 111 1/2, par. 3718)
| 15 | | Sec. 8. Local Standards. The provisions of this Act and the | 16 | | Code adopted under this Act regulations
and standards | 17 | | promulgated hereunder constitute minimum requirements for all
| 18 | | governmental units, including home rule units. Any | 19 | | governmental unit may enact
prescribe more stringent | 20 | | requirements to increase and facilitate access to
the built | 21 | | environment by individuals with disabilities environmentally | 22 | | limited persons .
| 23 | | (Source: P.A. 84-948.)
| 24 | | (410 ILCS 25/7 rep.) |
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| 1 | | Section 10. The Environmental Barriers Act is amended by | 2 | | 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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