Public Act 094-0283
 		





HB0055 Enrolled
LRB094 04034 RXD 34051 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Environmental Barriers Act is amended  by 
changing Section 5 as follows:
 



    (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)



    Sec. 5. Scope. 

    (a) The standards adopted by the Capital Development
Board 
shall apply to:


        (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

    pursuant to this Act insofar as those standards vary from 
    standards in the
Illinois Accessibility Code.


        (2) Multi-Story Housing Units; New Construction. Any 
    new
multi-story housing unit or portion thereof, the

    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.

    (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.

    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.

    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.

    (b)  Alterations. Any alteration to a public facility shall

provide accessibility as follows:


        (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.


        (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.


        (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:


            (i) the element or space being altered,


            (ii) an entrance and a means of egress intended for 
        use by the general
public,


            (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,


            (iv) at least one accessible toilet room for each 
        sex or a unisex toilet
when permitted, if toilets are 
        provided or required,


            (v) accessible parking spaces, where parking is 
        provided, and


            (vi) an accessible route from public sidewalks or 
        from accessible
parking spaces, if provided, to an 
        accessible entrance.


        (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:


            (i) the element or space being altered, and


            (ii) an entrance and a means of egress intended for 
        use by the general
public.


        (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:


            (i) the element or space being
altered,


            (ii) an entrance and
a means of egress intended for 
        use by the general public,


            (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

        more than 20% of the reproduction cost of the public 
        facility,


            (iv) at least one accessible toilet room for each 
        sex or a unisex
toilet, when permitted, if toilets are 
        provided or required,


            (v) accessible parking spaces, where parking is 
        provided, and


            (vi) an accessible route from
public sidewalks or 
        from the accessible parking spaces, if provided, to an

        accessible entrance.


        (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.

    (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

subdivisions (4), (5), and (6) of subsection (b), as 
applicable.

    (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.

    (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

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.

    (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

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.

(Source: P.A. 89-539, eff. 7-19-96.)