Full Text of HB0055 94th General Assembly
HB0055 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0055
Introduced 1/5/2005, by Rep. Joe Dunn 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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A BILL FOR
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HB0055 |
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LRB094 04034 RXD 34051 b |
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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 | 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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| (a-1) Accessibility of structures; new construction. New | 6 |
| housing subject to regulation under this Act shall be | 7 |
| constructed in compliance with all applicable regulations and | 8 |
| with the following technical requirements provided under the | 9 |
| Accessibility Guidelines promulgated by the federal government | 10 |
| under the Fair Housing Act:
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| (1) Accessible entrance on an accessible route. | 12 |
| (A) If there are separate entrances for ground | 13 |
| floor units, each entrance shall be accessible. | 14 |
| (B) If there are common entrances to a multi-unit | 15 |
| building, at least one entrance, typically used by | 16 |
| residents for entering the building, shall be | 17 |
| accessible. | 18 |
| (2) Accessible public and common use areas. Parking | 19 |
| areas, curb ramps, passenger loading areas, building | 20 |
| lobbies, lounges, halls, corridors, elevators, public use | 21 |
| restrooms, and rental or sales offices shall be accessible | 22 |
| to persons with disabilities, including such facilities as | 23 |
| drinking fountains, water coolers, mailboxes, laundry | 24 |
| rooms, community and exercise rooms, swimming pools, | 25 |
| playgrounds, recreation facilities, nature trails, and | 26 |
| other similar facilities. | 27 |
| (3) Usable doors. | 28 |
| (A) Doors shall be wide enough to enable a person | 29 |
| in a wheelchair to maneuver through them including | 30 |
| public and common-use doors, doors leading into an | 31 |
| individual dwelling unit, and all doors within the | 32 |
| dwelling unit itself. For wheelchairs, doors must have | 33 |
| a clear opening width of at least 32 inches, measured | 34 |
| from the face of the door to the stop, with the door | 35 |
| open 90 degrees. | 36 |
| (B) All types of doors included in this Act, |
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| including hinged doors, sliding doors, and folding | 2 |
| doors. | 3 |
| (C) Doors leading to any outdoor amenities, the | 4 |
| dwelling or complex included in this Act, including | 5 |
| doors to such amenities as a balcony, patio, or deck. | 6 |
| (D) If a deck or patio has doorways leading into 2 | 7 |
| or more separate rooms, these doors must be usable. | 8 |
| (4) Accessible routes into and through dwelling units. | 9 |
| (A) Thresholds of the exterior doors of a dwelling | 10 |
| unit may not exceed three-fourths of an inch; this Act | 11 |
| shall apply to sliding door tracks. | 12 |
| (B) In single-story units, changes in height of | 13 |
| one-fourth inch to one-half inch shall be beveled. | 14 |
| Those greater than one-half inch shall be ramped or | 15 |
| have other means of access. Minimum clear width for an | 16 |
| accessible route inside the unit is 36 inches. | 17 |
| Hallways, passages, and corridors shall be wide enough | 18 |
| to allow room to maneuver a wheelchair throughout the | 19 |
| unit. | 20 |
| (5) Accessible light switches, electrical outlets, and | 21 |
| environmental controls. | 22 |
| (A) Operable parts of controls must be no lower | 23 |
| than 15 inches and no higher than 48 inches from the | 24 |
| floor. | 25 |
| (B) Switches, outlets, thermostats, and controls | 26 |
| shall be accessible to persons in wheelchairs. | 27 |
| (6) Reinforced walls in bathrooms. Walls in bathrooms | 28 |
| shall be reinforced so that grab bars near the toilet, tub, | 29 |
| and shower seat, if not already provided, may be added. | 30 |
| (7) Usable kitchens and bathrooms. | 31 |
| (A) A minimum of 40 inches of clear floor space | 32 |
| shall be provided in kitchens to allow a person in a | 33 |
| wheelchair to maneuver between opposing base cabinets, | 34 |
| countertops, appliances, or walls. | 35 |
| (B) A U-shaped design shall require a minimum of 5 | 36 |
| feet in diameter clear space, or removable cabinets at |
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| the base of the U-shaped design. | 2 |
| (C) Appliances must be located so they can be used | 3 |
| by a person in a wheelchair. A 30-inch by 48-inch clear | 4 |
| floor space is required for a parallel or forward | 5 |
| approach. | 6 |
| (D) Adequate maneuvering space shall be required | 7 |
| in bathrooms so that a person in a wheelchair can | 8 |
| enter, close the door, use the facilities and fixtures, | 9 |
| and exit. | 10 |
| (E) All bathrooms shall include a basic degree of | 11 |
| maneuverability and usable doors, reinforced walls, | 12 |
| switches and outlets in accessible locations, and must | 13 |
| be on an accessible route. | 14 |
| (8) Additional accessibility standards. If a building | 15 |
| with 4 or more dwelling units, none of which is occupied by | 16 |
| the owner, has no elevator and will be ready for initial | 17 |
| occupancy, the following standards shall apply to ground | 18 |
| floor units: | 19 |
| (A) In a building with an elevator, all dwelling | 20 |
| units shall be made accessible and the elevator must | 21 |
| serve all of the units. | 22 |
| (B) In a building without an elevator, all dwelling | 23 |
| units on the ground floor shall be made accessible. The | 24 |
| accessibility requirements apply only to the ground | 25 |
| floor units, all ground floor units shall be made | 26 |
| accessible. | 27 |
| This subsection (a-1) shall be interpreted to be consistent | 28 |
| with the accessibility laws and codes incorporated by reference | 29 |
| in this Act. | 30 |
| This Act, together with the Illinois Accessibility Code, 71 | 31 |
| Ill. Adm. Code 400, has the force of a building code and as | 32 |
| 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 | 36 |
| undertaken that
decreases or has the effect
of decreasing |
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| accessibility or usability of a building or facility below | 2 |
| the
requirements for new construction at the time of | 3 |
| alteration.
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| (2) If the alteration costs 15% or less of the | 5 |
| reproduction cost of the
public facility, the element or | 6 |
| space being altered shall comply with the
applicable | 7 |
| requirements for new construction.
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| (3) State Owned Public Facilities. If the alteration is | 9 |
| to a public
facility owned by the State and
the alteration | 10 |
| costs more than 15% but less than 50% of the reproduction | 11 |
| cost
of the public facility, the following shall comply | 12 |
| 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 | 15 |
| use by the general
public,
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| (iii) all spaces and elements necessary to provide | 17 |
| horizontal and
vertical accessible routes between an | 18 |
| accessible means entrance and means of
egress and the | 19 |
| element or space being altered,
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| (iv) at least one accessible toilet room for each | 21 |
| sex or a unisex toilet
when permitted, if toilets are | 22 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 24 |
| provided, and
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| (vi) an accessible route from public sidewalks or | 26 |
| from accessible
parking spaces, if provided, to an | 27 |
| accessible entrance.
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| (4) All Other Public Facilities. If the alteration | 29 |
| costs more than 15%
but less than 50% of the
reproduction | 30 |
| cost of the public facility, and less than $100,000, the | 31 |
| following
shall comply with the applicable requirements | 32 |
| 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 | 35 |
| use by the general
public.
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| (5) If the alteration costs more than 15% but less than |
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HB0055 |
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| 50%
of the reproduction cost of the public facility, and | 2 |
| more than $100,000,
the following shall
comply with the | 3 |
| 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 | 6 |
| use by the general public,
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| (iii) all spaces and elements necessary to provide | 8 |
| horizontal and
vertical accessible routes between an | 9 |
| accessible entrance and means of egress
and the element | 10 |
| or space being altered; however, privately owned | 11 |
| public
facilities are not required to provide vertical | 12 |
| access in a building with 2
levels of occupiable space | 13 |
| where the cost of providing such vertical access is
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| more than 20% of the reproduction cost of the public | 15 |
| facility,
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| (iv) at least one accessible toilet room for each | 17 |
| sex or a unisex
toilet, when permitted, if toilets are | 18 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 20 |
| provided, and
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| (vi) an accessible route from
public sidewalks or | 22 |
| 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 | 25 |
| reproduction
cost of the
public facility, the entire public | 26 |
| facility shall comply with the
applicable requirements for | 27 |
| new construction.
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| (c) Alterations to Specific Categories of Public | 29 |
| Facilities. For
religious entities, private clubs, and | 30 |
| owner-occupied
transient lodging facilities of 5 units, | 31 |
| compliance with the
standards adopted by the Capital | 32 |
| Development Board is not mandatory if
the alteration costs 15% | 33 |
| or less of the reproduction
cost of the public facility. | 34 |
| However, if the cost of the
alteration exceeds
$100,000, the | 35 |
| element or space being altered
must comply with applicable | 36 |
| requirements for new construction. Alterations
over 15% of the |
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| reproduction cost of these public facilities are governed by
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| subdivisions (4), (5), and (6) of subsection (b), as | 3 |
| applicable.
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| (d) Calculation of Reproduction Cost. For the purpose of | 5 |
| calculating
percentages of reproduction cost, the
cost
of | 6 |
| alteration shall be construed as the total actual combined cost | 7 |
| 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 | 9 |
| agreement to
lease,
rent or use, in whole or in part, any | 10 |
| building, structure or improved area
which does not comply with | 11 |
| the standards. Any governmental unit which, on
the effective | 12 |
| 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 | 14 |
| comply with
the standards shall make all reasonable efforts to | 15 |
| 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 | 17 |
| multi-story
housing unit may be constructed without the | 18 |
| statement of an architect
registered in the State of Illinois | 19 |
| that the
plans for the work to be performed comply with the | 20 |
| provisions of this Act
and the standards promulgated hereunder | 21 |
| unless the cost of such construction
or alteration is less than | 22 |
| $50,000. In the case of construction or alteration
of an | 23 |
| engineering nature, where the plans are prepared by an | 24 |
| engineer,
the statement may be made by a professional engineer | 25 |
| registered in
the State of Illinois or a structural engineer | 26 |
| registered in the State of
Illinois that the engineering plans | 27 |
| comply with the provisions of this Act
and the standards | 28 |
| promulgated hereunder. The architect's and/or engineer's
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| statement shall be filed by the architect or engineer and | 30 |
| maintained in the
office of the governmental unit responsible | 31 |
| for the issuance of the
building permit. In those governmental | 32 |
| units which do
not issue building permits, the statement shall | 33 |
| 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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