Full Text of HB0055 94th General Assembly
HB0055enr 94TH GENERAL ASSEMBLY
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HB0055 Enrolled |
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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 |
| in the case where the new housing and the new housing not | 9 |
| defined as multi-story for the purposes of this Act is a | 10 |
| building in which 4 or more dwelling units or sleeping units | 11 |
| intended to be occupied as a residence are contained within a | 12 |
| single structure, with the technical requirements of the | 13 |
| Department of Housing and Urban Development's Fair Housing | 14 |
| Accessibility Guidelines published March 6, 1991, and the | 15 |
| Supplement to Notice of Fair Housing Accessibility Guidelines: | 16 |
| Questions and Answers about the Guidelines, published June 28, | 17 |
| 1994.
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| This subsection (a-1) does not apply within any unit of | 19 |
| local government that by ordinance, rule, or regulation | 20 |
| prescribes requirements to increase and facilitate access to | 21 |
| the built environment by environmentally limited persons that | 22 |
| are more stringent than those contained in this Act prior to | 23 |
| the effective date of this amendatory Act of the 94th General | 24 |
| Assembly.
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| This Act, together with the Illinois Accessibility Code, 71 | 26 |
| Ill. Adm. Code 400, has the force of a building code and as | 27 |
| 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 | 31 |
| undertaken that
decreases or has the effect
of decreasing | 32 |
| accessibility or usability of a building or facility below | 33 |
| the
requirements for new construction at the time of | 34 |
| alteration.
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| (2) If the alteration costs 15% or less of the | 36 |
| reproduction cost of the
public facility, the element or |
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| space being altered shall comply with the
applicable | 2 |
| requirements for new construction.
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| (3) State Owned Public Facilities. If the alteration is | 4 |
| to a public
facility owned by the State and
the alteration | 5 |
| costs more than 15% but less than 50% of the reproduction | 6 |
| cost
of the public facility, the following shall comply | 7 |
| 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 | 10 |
| use by the general
public,
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| (iii) all spaces and elements necessary to provide | 12 |
| horizontal and
vertical accessible routes between an | 13 |
| accessible means entrance and means of
egress and the | 14 |
| element or space being altered,
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| (iv) at least one accessible toilet room for each | 16 |
| sex or a unisex toilet
when permitted, if toilets are | 17 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 19 |
| provided, and
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| (vi) an accessible route from public sidewalks or | 21 |
| from accessible
parking spaces, if provided, to an | 22 |
| accessible entrance.
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| (4) All Other Public Facilities. If the alteration | 24 |
| costs more than 15%
but less than 50% of the
reproduction | 25 |
| cost of the public facility, and less than $100,000, the | 26 |
| following
shall comply with the applicable requirements | 27 |
| 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 | 30 |
| use by the general
public.
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| (5) If the alteration costs more than 15% but less than | 32 |
| 50%
of the reproduction cost of the public facility, and | 33 |
| more than $100,000,
the following shall
comply with the | 34 |
| 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 |
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| use by the general public,
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| (iii) all spaces and elements necessary to provide | 3 |
| horizontal and
vertical accessible routes between an | 4 |
| accessible entrance and means of egress
and the element | 5 |
| or space being altered; however, privately owned | 6 |
| public
facilities are not required to provide vertical | 7 |
| access in a building with 2
levels of occupiable space | 8 |
| where the cost of providing such vertical access is
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| more than 20% of the reproduction cost of the public | 10 |
| facility,
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| (iv) at least one accessible toilet room for each | 12 |
| sex or a unisex
toilet, when permitted, if toilets are | 13 |
| provided or required,
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| (v) accessible parking spaces, where parking is | 15 |
| provided, and
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| (vi) an accessible route from
public sidewalks or | 17 |
| 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 | 20 |
| reproduction
cost of the
public facility, the entire public | 21 |
| facility shall comply with the
applicable requirements for | 22 |
| new construction.
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| (c) Alterations to Specific Categories of Public | 24 |
| Facilities. For
religious entities, private clubs, and | 25 |
| owner-occupied
transient lodging facilities of 5 units, | 26 |
| compliance with the
standards adopted by the Capital | 27 |
| Development Board is not mandatory if
the alteration costs 15% | 28 |
| or less of the reproduction
cost of the public facility. | 29 |
| However, if the cost of the
alteration exceeds
$100,000, the | 30 |
| element or space being altered
must comply with applicable | 31 |
| requirements for new construction. Alterations
over 15% of the | 32 |
| reproduction cost of these public facilities are governed by
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| subdivisions (4), (5), and (6) of subsection (b), as | 34 |
| applicable.
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| (d) Calculation of Reproduction Cost. For the purpose of | 36 |
| calculating
percentages of reproduction cost, the
cost
of |
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| alteration shall be construed as the total actual combined cost | 2 |
| 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 | 4 |
| agreement to
lease,
rent or use, in whole or in part, any | 5 |
| building, structure or improved area
which does not comply with | 6 |
| the standards. Any governmental unit which, on
the effective | 7 |
| 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 | 9 |
| comply with
the standards shall make all reasonable efforts to | 10 |
| 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 | 12 |
| multi-story
housing unit may be constructed without the | 13 |
| statement of an architect
registered in the State of Illinois | 14 |
| that the
plans for the work to be performed comply with the | 15 |
| provisions of this Act
and the standards promulgated hereunder | 16 |
| unless the cost of such construction
or alteration is less than | 17 |
| $50,000. In the case of construction or alteration
of an | 18 |
| engineering nature, where the plans are prepared by an | 19 |
| engineer,
the statement may be made by a professional engineer | 20 |
| registered in
the State of Illinois or a structural engineer | 21 |
| registered in the State of
Illinois that the engineering plans | 22 |
| comply with the provisions of this Act
and the standards | 23 |
| promulgated hereunder. The architect's and/or engineer's
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| statement shall be filed by the architect or engineer and | 25 |
| maintained in the
office of the governmental unit responsible | 26 |
| for the issuance of the
building permit. In those governmental | 27 |
| units which do
not issue building permits, the statement shall | 28 |
| 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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