Full Text of HB6777 93rd General Assembly
HB6777 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6777
Introduced 02/09/04, by Julie Hamos SYNOPSIS AS INTRODUCED: |
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410 ILCS 25/5 |
from Ch. 111 1/2, par. 3715 |
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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 | |
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A BILL FOR
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HB6777 |
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LRB093 16593 RXD 42242 b |
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| AN ACT concerning public health.
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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 | 5 |
| 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 | 9 |
| shall apply to:
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| (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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| pursuant to this Act insofar as those standards vary from | 19 |
| standards in the
Illinois Accessibility Code.
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| (2) Multi-Story Housing Units; New Construction. Any | 21 |
| new
multi-story housing unit or portion thereof, the
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| 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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| 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.
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| (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:
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| (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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LRB093 16593 RXD 42242 b |
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| 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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| (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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| 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.
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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 | 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.
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| (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.
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| (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:
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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 | 22 |
| use by the general
public,
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| (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,
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| (iv) at least one accessible toilet room for each | 28 |
| sex or a unisex toilet
when permitted, if toilets are | 29 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 31 |
| provided, and
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| (vi) an accessible route from public sidewalks or | 33 |
| from accessible
parking spaces, if provided, to an | 34 |
| accessible entrance.
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| (4) All Other Public Facilities. If the alteration | 36 |
| costs more than 15%
but less than 50% of the
reproduction |
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LRB093 16593 RXD 42242 b |
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| cost of the public facility, and less than $100,000, the | 2 |
| following
shall comply with the applicable requirements | 3 |
| 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 | 6 |
| use by the general
public.
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| (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:
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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 | 13 |
| use by the general public,
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| (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
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| more than 20% of the reproduction cost of the public | 22 |
| facility,
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| (iv) at least one accessible toilet room for each | 24 |
| sex or a unisex
toilet, when permitted, if toilets are | 25 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 27 |
| provided, and
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| (vi) an accessible route from
public sidewalks or | 29 |
| 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 | 32 |
| reproduction
cost of the
public facility, the entire public | 33 |
| facility shall comply with the
applicable requirements for | 34 |
| new construction.
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| (c) Alterations to Specific Categories of Public | 36 |
| Facilities. For
religious entities, private clubs, and |
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| 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
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| subdivisions (4), (5), and (6) of subsection (b), as | 10 |
| applicable.
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| (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.
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| (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
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| 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.
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| (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
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| statement shall be filed by the architect or engineer and |
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| 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.
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| (Source: P.A. 89-539, eff. 7-19-96.)
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