93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6777

 

Introduced 02/09/04, by Julie Hamos

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 25/5   from Ch. 111 1/2, par. 3715

    Amends the Environmental Barriers Act. Provides that new housing subject to regulation under the Act shall be constructed in compliance with specified accessibility guidelines.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning public 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 Section 5 as follows:
 
6     (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)
7     Sec. 5. Scope.
8     (a) The standards adopted by the Capital Development Board
9 shall apply to:
10         (1)  Public Facilities; New Construction. Any new
11     public facility or portion thereof, the construction of
12     which is begun after the effective date of this Act.
13     However, any new public facility (i) for which a specific
14     contract for the planning has been awarded prior to the
15     effective date of this Act and (ii) construction of which
16     is begun within 12 months of the effective date of this Act
17     shall be exempt from compliance with the standards adopted
18     pursuant to this Act insofar as those standards vary from
19     standards in the Illinois Accessibility Code.
20         (2) Multi-Story Housing Units; New Construction. Any
21     new multi-story housing unit or portion thereof, the
22     construction of which is begun after the effective date of
23     this Act. However, any new multi-story housing unit (i) for
24     which a specific contract for the planning has been awarded
25     prior to the effective date of this Act and (ii)
26     construction of which is begun within 12 months of the
27     effective date of this Act shall be exempt from compliance
28     with the standards adopted pursuant to this Act insofar as
29     those standards vary from standards in the Illinois
30     Accessibility Code. Provided, however, that if the common
31     areas comply with the standards, if 20% of the dwelling
32     units are adaptable and if the adaptable dwelling units

 

 

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1     include dwelling units of various sizes and locations
2     within the multi-story housing unit, then the entire
3     multi-story housing unit shall be deemed to comply with the
4     standards.
5         (2.5) Accessibility of structures. New housing subject
6     to regulation under this Act shall be constructed in
7     compliance with all applicable regulations and with the
8     following technical requirements in the Accessibility
9     Guidelines promulgated by the federal government under the
10     Fair Housing Act:
11             (A) Accessible entrance on an accessible route.
12                 (i) If there are separate entrances for ground
13             floor units, each entrance shall be accessible.
14                 (ii) If there are common entrances to a
15             multi-unit building, at least one entrance,
16             typically used by residents for entering the
17             building, shall be accessible.
18             (B) Accessible public and common use areas.
19         Parking areas, curb ramps, passenger loading areas,
20         building lobbies, lounges, halls, corridors,
21         elevators, public use restrooms, and rental or sales
22         offices shall be accessible to persons with
23         disabilities, including such facilities as drinking
24         fountains, water coolers, mailboxes, laundry rooms,
25         community and exercise rooms, swimming pools,
26         playgrounds, recreation facilities, nature trails, and
27         other similar facilities.
28             (C) Usable doors.
29                 (i) Doors shall be wide enough to enable a
30             person in a wheelchair to maneuver through them
31             including public and common-use doors, doors
32             leading into an individual dwelling unit, and all
33             doors within the dwelling unit itself. For
34             wheelchairs, doors must have a clear opening width
35             of at least 32 inches, measured from the face of
36             the door to the stop, with the door open 90

 

 

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1             degrees.
2                 (ii) All types of doors included in this Act,
3             including hinged doors, sliding doors, and folding
4             doors.
5                 (iii) Doors leading to any outdoor amenities,
6             the dwelling or complex included in this Act,
7             including doors to such amenities as a balcony,
8             patio, or deck.
9                 (iv) If a deck or patio has doorways leading
10             into 2 or more separate rooms, these doors must be
11             usable.
12             (D) Accessible routes into and through dwelling
13         units.
14                 (i) Thresholds of the exterior doors of a
15             dwelling unit may not exceed three-fourths of an
16             inch; this Act shall apply to sliding door tracks.
17                 (ii) In single-story units, changes in height
18             of one-fourth inch to one-half inch shall be
19             beveled. Those greater than one-half inch shall be
20             ramped or have other means of access. Minimum clear
21             width for an accessible route inside the unit is 36
22             inches. Hallways, passages, and corridors shall be
23             wide enough to allow room to maneuver a wheelchair
24             throughout the unit.
25             (E) Accessible light switches, electrical outlets,
26         and environmental controls.
27                 (i) Operable parts of controls must be no lower
28             than 15 inches and no higher than 48 inches from
29             the floor.
30                 (ii) Switches, outlets, thermostats, and
31             controls shall be accessible to persons in
32             wheelchairs.
33             (F) Reinforced walls in bathroom. Walls in
34         bathrooms shall be reinforced so that grab bars near
35         the toilet, tub, and shower seat, if not already
36         provided, may be added.

 

 

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1             (G) Usable kitchens and bathrooms.
2                 (i) A minimum of 40 inches of clear floor space
3             shall be provided in kitchens to allow a person in
4             a wheelchair to maneuver between opposing base
5             cabinets, countertops, appliances, or walls.
6                 (ii) A U-shaped design shall require a minimum
7             of 5 feet in diameter clear space, or removable
8             cabinets at the base of the U-shaped design.
9                 (iii) Appliances must be located so they can be
10             used by a person in a wheelchair. A 30-inch by
11             48-inch clear floor space is required for a
12             parallel or forward approach.
13                 (iv) Adequate maneuvering space shall be
14             required in bathrooms so that a person in a
15             wheelchair can enter, close the door, use the
16             facilities and fixtures, and exit.
17                 (v) All bathrooms shall include a basic degree
18             of maneuverability and usable doors, reinforced
19             walls, switches and outlets in accessible
20             locations, and must be on an accessible route.
21             (H) Additional accessibility standards. If a
22         building with 4 or more dwelling units, none of which
23         is occupied by the owner, has no elevator and will be
24         ready for initial occupancy, the following standards
25         shall apply to ground floor units:
26                 (i) In a building with an elevator, all
27             dwelling units shall be made accessible and the
28             elevator must serve all of the units.
29                 (ii) In a building without an elevator, all
30             dwelling units on the ground floor shall be made
31             accessible. The accessibility requirements apply
32             only to the ground floor units, all ground floor
33             units shall be made accessible.
34                 (iii) This subsection shall be interpreted to
35             be consistent with the accessibility laws and
36             codes incorporated by reference in this Act.

 

 

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1     This Act, together with the Illinois Accessibility Code, 71
2     Ill. Adm. Code 400, has the force of a building code and as
3     such is law in the State of Illinois.
4     (b) Alterations. Any alteration to a public facility shall
5 provide accessibility as follows:
6         (1) Alterations Generally. No alteration shall be
7     undertaken that decreases or has the effect of decreasing
8     accessibility or usability of a building or facility below
9     the requirements for new construction at the time of
10     alteration.
11         (2) If the alteration costs 15% or less of the
12     reproduction cost of the public facility, the element or
13     space being altered shall comply with the applicable
14     requirements for new construction.
15         (3) State Owned Public Facilities. If the alteration is
16     to a public facility owned by the State and the alteration
17     costs more than 15% but less than 50% of the reproduction
18     cost of the public facility, the following shall comply
19     with the applicable requirements for new construction:
20             (i) the element or space being altered,
21             (ii) an entrance and a means of egress intended for
22         use by the general public,
23             (iii) all spaces and elements necessary to provide
24         horizontal and vertical accessible routes between an
25         accessible means entrance and means of egress and the
26         element or space being altered,
27             (iv) at least one accessible toilet room for each
28         sex or a unisex toilet when permitted, if toilets are
29         provided or required,
30             (v) accessible parking spaces, where parking is
31         provided, and
32             (vi) an accessible route from public sidewalks or
33         from accessible parking spaces, if provided, to an
34         accessible entrance.
35         (4) All Other Public Facilities. If the alteration
36     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
27         provided, and
28             (vi) an accessible route from public sidewalks or
29         from the accessible parking spaces, if provided, to an
30         accessible entrance.
31         (6) If the alteration costs 50% or more of the
32     reproduction cost of the public facility, the entire public
33     facility shall comply with the applicable requirements for
34     new construction.
35     (c) Alterations to Specific Categories of Public
36 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
9 subdivisions (4), (5), and (6) of subsection (b), as
10 applicable.
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.
15     (e) No governmental unit may enter into a new or renewal
16 agreement to lease, rent or use, in whole or in part, any
17 building, structure or improved area which does not comply with
18 the standards. Any governmental unit which, on the effective
19 date of this Act, is leasing, renting or using, in whole or in
20 part, any building, structure or improved area which does not
21 comply with the standards shall make all reasonable efforts to
22 terminate such lease, rental or use by January 1, 1990.
23     (f) No public facility may be constructed or altered and no
24 multi-story housing unit may be constructed without the
25 statement of an architect registered in the State of Illinois
26 that the plans for the work to be performed comply with the
27 provisions of this Act and the standards promulgated hereunder
28 unless the cost of such construction or alteration is less than
29 $50,000. In the case of construction or alteration of an
30 engineering nature, where the plans are prepared by an
31 engineer, the statement may be made by a professional engineer
32 registered in the State of Illinois or a structural engineer
33 registered in the State of Illinois that the engineering plans
34 comply with the provisions of this Act and the standards
35 promulgated hereunder. The architect's and/or engineer's
36 statement shall be filed by the architect or engineer and

 

 

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1 maintained in the office of the governmental unit responsible
2 for the issuance of the building permit. In those governmental
3 units which do not issue building permits, the statement shall
4 be filed and maintained in the office of the county clerk.
5 (Source: P.A. 89-539, eff. 7-19-96.)