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Public Act 094-0283 |
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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 | ||||
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 | ||||
shall apply to:
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(1) Public Facilities; New Construction. Any new | ||||
public
facility or portion thereof, the construction
of | ||||
which is begun after the effective date of this Act. | ||||
However, any
new public facility (i) for which a specific | ||||
contract for the planning
has been awarded prior to the | ||||
effective date of this Act and (ii)
construction of which | ||||
is begun within 12 months of the effective date of
this Act | ||||
shall be exempt from compliance with the standards adopted
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pursuant to this Act insofar as those standards vary from | ||||
standards in the
Illinois Accessibility Code.
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(2) Multi-Story Housing Units; New Construction. Any | ||||
new
multi-story housing unit or portion thereof, the
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construction of which is begun after the effective date of | ||||
this Act.
However, any new multi-story housing unit (i) for | ||||
which a specific contract
for the planning has been awarded | ||||
prior to the effective date of this Act
and (ii) | ||||
construction of which is begun within 12 months of the | ||||
effective
date of this Act shall be exempt from compliance | ||||
with the standards adopted
pursuant to this Act insofar as | ||||
those standards vary from standards in the
Illinois | ||||
Accessibility Code.
Provided, however, that if the common | ||||
areas comply with the standards,
if 20% of the dwelling | ||||
units are adaptable and if the adaptable dwelling
units |
include dwelling units of various sizes and locations | ||
within the
multi-story housing unit, then the entire | ||
multi-story housing unit shall be
deemed to comply with the | ||
standards.
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(a-1) Accessibility of structures; new construction. New | ||
housing subject to regulation under this Act shall be | ||
constructed in compliance with all applicable regulations and , | ||
in the case where the new housing and the new housing not | ||
defined as multi-story for the purposes of this Act is a | ||
building in which 4 or more dwelling units or sleeping units | ||
intended to be occupied as a residence are contained within a | ||
single structure, with the technical requirements of the | ||
Department of Housing and Urban Development's Fair Housing | ||
Accessibility Guidelines published March 6, 1991, and the | ||
Supplement to Notice of Fair Housing Accessibility Guidelines: | ||
Questions and Answers about the Guidelines, published June 28, | ||
1994.
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This subsection (a-1) does not apply within any unit of | ||
local government that by ordinance, rule, or regulation | ||
prescribes requirements to increase and facilitate access to | ||
the built environment by environmentally limited persons that | ||
are more stringent than those contained in this Act prior to | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly.
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This Act, together with the Illinois Accessibility Code, 71 | ||
Ill. Adm. Code 400, has the force of a building code and as | ||
such is law in the State of Illinois.
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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 | ||
undertaken that
decreases or has the effect
of decreasing | ||
accessibility or usability of a building or facility below | ||
the
requirements for new construction at the time of | ||
alteration.
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(2) If the alteration costs 15% or less of the | ||
reproduction cost of the
public facility, the element or |
space being altered shall comply with the
applicable | ||
requirements for new construction.
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(3) State Owned Public Facilities. If the alteration is | ||
to a public
facility owned by the State and
the alteration | ||
costs more than 15% but less than 50% of the reproduction | ||
cost
of the public facility, the following shall comply | ||
with the applicable
requirements for new construction:
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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 | ||
use by the general
public,
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(iii) all spaces and elements necessary to provide | ||
horizontal and
vertical accessible routes between an | ||
accessible means entrance and means of
egress and the | ||
element or space being altered,
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(iv) at least one accessible toilet room for each | ||
sex or a unisex toilet
when permitted, if toilets are | ||
provided or required,
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(v) accessible parking spaces, where parking is | ||
provided, and
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(vi) an accessible route from public sidewalks or | ||
from accessible
parking spaces, if provided, to an | ||
accessible entrance.
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(4) All Other Public Facilities. If the alteration | ||
costs more than 15%
but less than 50% of the
reproduction | ||
cost of the public facility, and less than $100,000, the | ||
following
shall comply with the applicable requirements | ||
for new construction:
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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 | ||
use by the general
public.
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(5) If the alteration costs more than 15% but less than | ||
50%
of the reproduction cost of the public facility, and | ||
more than $100,000,
the following shall
comply with the | ||
applicable requirements for new construction:
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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 |
use by the general public,
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(iii) all spaces and elements necessary to provide | ||
horizontal and
vertical accessible routes between an | ||
accessible entrance and means of egress
and the element | ||
or space being altered; however, privately owned | ||
public
facilities are not required to provide vertical | ||
access in a building with 2
levels of occupiable space | ||
where the cost of providing such vertical access is
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more than 20% of the reproduction cost of the public | ||
facility,
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(iv) at least one accessible toilet room for each | ||
sex or a unisex
toilet, when permitted, if toilets are | ||
provided or required,
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(v) accessible parking spaces, where parking is | ||
provided, and
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(vi) an accessible route from
public sidewalks or | ||
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 | ||
reproduction
cost of the
public facility, the entire public | ||
facility shall comply with the
applicable requirements for | ||
new construction.
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(c) Alterations to Specific Categories of Public | ||
Facilities. For
religious entities, private clubs, and | ||
owner-occupied
transient lodging facilities of 5 units, | ||
compliance with the
standards adopted by the Capital | ||
Development Board is not mandatory if
the alteration costs 15% | ||
or less of the reproduction
cost of the public facility. | ||
However, if the cost of the
alteration exceeds
$100,000, the | ||
element or space being altered
must comply with applicable | ||
requirements for new construction. Alterations
over 15% of the | ||
reproduction cost of these public facilities are governed by
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subdivisions (4), (5), and (6) of subsection (b), as | ||
applicable.
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(d) Calculation of Reproduction Cost. For the purpose of | ||
calculating
percentages of reproduction cost, the
cost
of |
alteration shall be construed as the total actual combined cost | ||
of all
alterations made within any period of 30 months.
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(e) No governmental unit may enter into a new or renewal | ||
agreement to
lease,
rent or use, in whole or in part, any | ||
building, structure or improved area
which does not comply with | ||
the standards. Any governmental unit which, on
the effective | ||
date of this Act, is leasing, renting or using, in whole or in
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part, any building, structure or improved area which does not | ||
comply with
the standards shall make all reasonable efforts to | ||
terminate such lease,
rental or use by January 1, 1990.
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(f) No public facility may be constructed or altered and no | ||
multi-story
housing unit may be constructed without the | ||
statement of an architect
registered in the State of Illinois | ||
that the
plans for the work to be performed comply with the | ||
provisions of this Act
and the standards promulgated hereunder | ||
unless the cost of such construction
or alteration is less than | ||
$50,000. In the case of construction or alteration
of an | ||
engineering nature, where the plans are prepared by an | ||
engineer,
the statement may be made by a professional engineer | ||
registered in
the State of Illinois or a structural engineer | ||
registered in the State of
Illinois that the engineering plans | ||
comply with the provisions of this Act
and the standards | ||
promulgated hereunder. The architect's and/or engineer's
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statement shall be filed by the architect or engineer and | ||
maintained in the
office of the governmental unit responsible | ||
for the issuance of the
building permit. In those governmental | ||
units which do
not issue building permits, the statement shall | ||
be filed and
maintained in the office of the county clerk.
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(Source: P.A. 89-539, eff. 7-19-96.)
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