Housing and Urban Development Committee
Filed: 3/8/2005
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1 | AMENDMENT TO HOUSE BILL 55
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2 | AMENDMENT NO. ______. Amend House Bill 55 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Barriers Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)
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7 | Sec. 5. Scope.
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8 | (a) The standards adopted by the Capital Development
Board | ||||||
9 | shall apply to:
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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
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18 | pursuant to this Act insofar as those standards vary from | ||||||
19 | standards in the
Illinois Accessibility Code.
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20 | (2) Multi-Story Housing Units; New Construction. Any | ||||||
21 | new
multi-story housing unit or portion thereof, the
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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 |
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1 | prior to the effective date of this Act
and (ii) | ||||||
2 | construction of which is begun within 12 months of the | ||||||
3 | effective
date of this Act shall be exempt from compliance | ||||||
4 | with the standards adopted
pursuant to this Act insofar as | ||||||
5 | those standards vary from standards in the
Illinois | ||||||
6 | Accessibility Code.
Provided, however, that if the common | ||||||
7 | areas comply with the standards,
if 20% of the dwelling | ||||||
8 | units are adaptable and if the adaptable dwelling
units | ||||||
9 | include dwelling units of various sizes and locations | ||||||
10 | within the
multi-story housing unit, then the entire | ||||||
11 | multi-story housing unit shall be
deemed to comply with the | ||||||
12 | standards.
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13 | (a-1) Accessibility of structures; new construction. New | ||||||
14 | housing subject to regulation under this Act shall be | ||||||
15 | constructed in compliance with all applicable regulations and | ||||||
16 | with the following technical requirements provided under the | ||||||
17 | Accessibility Guidelines promulgated by the federal government | ||||||
18 | under the Fair Housing Act:
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19 | (1) Accessible entrance on an accessible route. If | ||||||
20 | there are common entrances to a multi-unit building, at | ||||||
21 | least one entrance, typically used by residents for | ||||||
22 | entering the building, shall be accessible. | ||||||
23 | (2) Accessible public and common use areas. Parking | ||||||
24 | areas, curb ramps, passenger loading areas, building | ||||||
25 | lobbies, lounges, halls, corridors, elevators, public use | ||||||
26 | restrooms, and rental or sales offices shall be accessible | ||||||
27 | to persons with disabilities, including such facilities as | ||||||
28 | drinking fountains, water coolers, mailboxes, laundry | ||||||
29 | rooms, community and exercise rooms, swimming pools, | ||||||
30 | playgrounds, recreation facilities, nature trails, and | ||||||
31 | other similar facilities. | ||||||
32 | (3) Usable doors. | ||||||
33 | (A) Doors shall be wide enough to enable a person | ||||||
34 | in a wheelchair to maneuver through them including |
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1 | public and common-use doors, doors leading into an | ||||||
2 | individual dwelling unit, and all doors within the | ||||||
3 | dwelling unit itself. For wheelchairs, doors must have | ||||||
4 | a clear opening width of at least 32 inches, measured | ||||||
5 | from the face of the door to the stop, with the door | ||||||
6 | open 90 degrees. | ||||||
7 | (B) All types of doors included in this Act, | ||||||
8 | including hinged doors, sliding doors, and folding | ||||||
9 | doors. | ||||||
10 | (C) Doors leading to any outdoor amenities, the | ||||||
11 | dwelling or complex included in this Act, including | ||||||
12 | doors to such amenities as a balcony, patio, or deck. | ||||||
13 | (D) If a deck or patio has doorways leading into 2 | ||||||
14 | or more separate rooms, these doors must be usable. | ||||||
15 | (4) Accessible routes into and through dwelling units. | ||||||
16 | (A) Thresholds of the exterior doors of a dwelling | ||||||
17 | unit may not exceed three-fourths of an inch; this Act | ||||||
18 | shall apply to sliding door tracks. | ||||||
19 | (B) In single-story units, changes in height of | ||||||
20 | one-fourth inch to one-half inch shall be beveled. | ||||||
21 | Those greater than one-half inch shall be ramped or | ||||||
22 | have other means of access. Minimum clear width for an | ||||||
23 | accessible route inside the unit is 36 inches. | ||||||
24 | Hallways, passages, and corridors shall be wide enough | ||||||
25 | to allow room to maneuver a wheelchair throughout the | ||||||
26 | unit. | ||||||
27 | (5) Accessible light switches, electrical outlets, and | ||||||
28 | environmental controls. | ||||||
29 | (A) Operable parts of controls must be no lower | ||||||
30 | than 15 inches and no higher than 48 inches from the | ||||||
31 | floor. | ||||||
32 | (B) Switches, outlets, thermostats, and controls | ||||||
33 | shall be accessible to persons in wheelchairs. | ||||||
34 | (6) Reinforced walls in bathrooms. Walls in bathrooms |
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1 | shall be reinforced so that grab bars near the toilet, tub, | ||||||
2 | and shower seat, if not already provided, may be added. | ||||||
3 | (7) Usable kitchens and bathrooms. | ||||||
4 | (A) A minimum of 40 inches of clear floor space | ||||||
5 | shall be provided in kitchens to allow a person in a | ||||||
6 | wheelchair to maneuver between opposing base cabinets, | ||||||
7 | countertops, appliances, or walls. | ||||||
8 | (B) A U-shaped design shall require a minimum of 5 | ||||||
9 | feet in diameter clear space, or removable cabinets at | ||||||
10 | the base of the U-shaped design. | ||||||
11 | (C) Appliances must be located so they can be used | ||||||
12 | by a person in a wheelchair. A 30-inch by 48-inch clear | ||||||
13 | floor space is required for a parallel or forward | ||||||
14 | approach. | ||||||
15 | (D) Adequate maneuvering space shall be required | ||||||
16 | in bathrooms so that a person in a wheelchair can | ||||||
17 | enter, close the door, use the facilities and fixtures, | ||||||
18 | and exit. | ||||||
19 | (E) All bathrooms shall include a basic degree of | ||||||
20 | maneuverability and usable doors, reinforced walls, | ||||||
21 | switches and outlets in accessible locations, and must | ||||||
22 | be on an accessible route. | ||||||
23 | (8) Additional accessibility standards. Dwelling units | ||||||
24 | and public and common use areas serving persons with | ||||||
25 | disabilities in all multi-unit buildings not defined as | ||||||
26 | multi-story for purposes of this Act shall also comply with | ||||||
27 | this subsection (a-1) if the building consists of 4 or more | ||||||
28 | dwelling units, whether for rent or sale. | ||||||
29 | (A) In a building with an elevator, all dwelling | ||||||
30 | units shall be made accessible and the elevator must | ||||||
31 | serve all of the units. | ||||||
32 | (B) In a building without an elevator, all dwelling | ||||||
33 | units on the ground floor shall be made accessible. The | ||||||
34 | accessibility requirements apply only to the ground |
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1 | floor units, all ground floor units shall be made | ||||||
2 | accessible. | ||||||
3 | New construction of multi-unit housing may also be subject | ||||||
4 | to the federal Fair Housing Act, 42 U.S.C. 3601 et seq., which | ||||||
5 | has different accessibility requirements. | ||||||
6 | This Act, together with the Illinois Accessibility Code, 71 | ||||||
7 | Ill. Adm. Code 400, has the force of a building code and as | ||||||
8 | such is law in the State of Illinois.
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9 | (b) Alterations. Any alteration to a public facility shall
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10 | provide accessibility as follows:
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11 | (1) Alterations Generally. No alteration shall be | ||||||
12 | undertaken that
decreases or has the effect
of decreasing | ||||||
13 | accessibility or usability of a building or facility below | ||||||
14 | the
requirements for new construction at the time of | ||||||
15 | alteration.
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16 | (2) If the alteration costs 15% or less of the | ||||||
17 | reproduction cost of the
public facility, the element or | ||||||
18 | space being altered shall comply with the
applicable | ||||||
19 | requirements for new construction.
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20 | (3) State Owned Public Facilities. If the alteration is | ||||||
21 | to a public
facility owned by the State and
the alteration | ||||||
22 | costs more than 15% but less than 50% of the reproduction | ||||||
23 | cost
of the public facility, the following shall comply | ||||||
24 | with the applicable
requirements for new construction:
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25 | (i) the element or space being altered,
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26 | (ii) an entrance and a means of egress intended for | ||||||
27 | use by the general
public,
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28 | (iii) all spaces and elements necessary to provide | ||||||
29 | horizontal and
vertical accessible routes between an | ||||||
30 | accessible means entrance and means of
egress and the | ||||||
31 | element or space being altered,
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32 | (iv) at least one accessible toilet room for each | ||||||
33 | sex or a unisex toilet
when permitted, if toilets are | ||||||
34 | provided or required,
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1 | (v) accessible parking spaces, where parking is | ||||||
2 | provided, and
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3 | (vi) an accessible route from public sidewalks or | ||||||
4 | from accessible
parking spaces, if provided, to an | ||||||
5 | accessible entrance.
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6 | (4) All Other Public Facilities. If the alteration | ||||||
7 | costs more than 15%
but less than 50% of the
reproduction | ||||||
8 | cost of the public facility, and less than $100,000, the | ||||||
9 | following
shall comply with the applicable requirements | ||||||
10 | for new construction:
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11 | (i) the element or space being altered, and
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12 | (ii) an entrance and a means of egress intended for | ||||||
13 | use by the general
public.
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14 | (5) If the alteration costs more than 15% but less than | ||||||
15 | 50%
of the reproduction cost of the public facility, and | ||||||
16 | more than $100,000,
the following shall
comply with the | ||||||
17 | applicable requirements for new construction:
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18 | (i) the element or space being
altered,
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19 | (ii) an entrance and
a means of egress intended for | ||||||
20 | use by the general public,
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21 | (iii) all spaces and elements necessary to provide | ||||||
22 | horizontal and
vertical accessible routes between an | ||||||
23 | accessible entrance and means of egress
and the element | ||||||
24 | or space being altered; however, privately owned | ||||||
25 | public
facilities are not required to provide vertical | ||||||
26 | access in a building with 2
levels of occupiable space | ||||||
27 | where the cost of providing such vertical access is
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28 | more than 20% of the reproduction cost of the public | ||||||
29 | facility,
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30 | (iv) at least one accessible toilet room for each | ||||||
31 | sex or a unisex
toilet, when permitted, if toilets are | ||||||
32 | provided or required,
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33 | (v) accessible parking spaces, where parking is | ||||||
34 | provided, and
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1 | (vi) an accessible route from
public sidewalks or | ||||||
2 | from the accessible parking spaces, if provided, to an
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3 | accessible entrance.
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4 | (6) If the alteration costs 50% or more of the | ||||||
5 | reproduction
cost of the
public facility, the entire public | ||||||
6 | facility shall comply with the
applicable requirements for | ||||||
7 | new construction.
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8 | (c) Alterations to Specific Categories of Public | ||||||
9 | Facilities. For
religious entities, private clubs, and | ||||||
10 | owner-occupied
transient lodging facilities of 5 units, | ||||||
11 | compliance with the
standards adopted by the Capital | ||||||
12 | Development Board is not mandatory if
the alteration costs 15% | ||||||
13 | or less of the reproduction
cost of the public facility. | ||||||
14 | However, if the cost of the
alteration exceeds
$100,000, the | ||||||
15 | element or space being altered
must comply with applicable | ||||||
16 | requirements for new construction. Alterations
over 15% of the | ||||||
17 | reproduction cost of these public facilities are governed by
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18 | subdivisions (4), (5), and (6) of subsection (b), as | ||||||
19 | applicable.
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20 | (d) Calculation of Reproduction Cost. For the purpose of | ||||||
21 | calculating
percentages of reproduction cost, the
cost
of | ||||||
22 | alteration shall be construed as the total actual combined cost | ||||||
23 | of all
alterations made within any period of 30 months.
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24 | (e) No governmental unit may enter into a new or renewal | ||||||
25 | agreement to
lease,
rent or use, in whole or in part, any | ||||||
26 | building, structure or improved area
which does not comply with | ||||||
27 | the standards. Any governmental unit which, on
the effective | ||||||
28 | date of this Act, is leasing, renting or using, in whole or in
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29 | part, any building, structure or improved area which does not | ||||||
30 | comply with
the standards shall make all reasonable efforts to | ||||||
31 | terminate such lease,
rental or use by January 1, 1990.
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32 | (f) No public facility may be constructed or altered and no | ||||||
33 | multi-story
housing unit may be constructed without the | ||||||
34 | 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 standards promulgated hereunder | ||||||
3 | unless the cost of such construction
or alteration is less than | ||||||
4 | $50,000. In the case of construction or alteration
of an | ||||||
5 | 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 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 | (Source: P.A. 89-539, eff. 7-19-96.)".
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