Full Text of HB3367 097th General Assembly
HB3367 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3367 Introduced 2/24/2011, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 410 ILCS 25/5 | from Ch. 111 1/2, par. 3715 |
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Amends the Environmental Barriers Act to provide that accessibility standards shall not apply to animal containment areas that are not for public use.
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| | 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 |
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| 1 | | which a specific contract
for the planning has been awarded | 2 | | prior to the effective date of this Act
and (ii) | 3 | | construction of which is begun within 12 months of the | 4 | | effective
date of this Act shall be exempt from compliance | 5 | | with the standards adopted
pursuant to this Act insofar as | 6 | | those standards vary from standards in the
Illinois | 7 | | Accessibility Code.
Provided, however, that if the common | 8 | | areas comply with the standards,
if 20% of the dwelling | 9 | | units are adaptable and if the adaptable dwelling
units | 10 | | include dwelling units of various sizes and locations | 11 | | within the
multi-story housing unit, then the entire | 12 | | multi-story housing unit shall be
deemed to comply with the | 13 | | standards.
| 14 | | (a-1) Accessibility of structures; new construction. New | 15 | | housing subject to regulation under this Act shall be | 16 | | constructed in compliance with all applicable regulations and, | 17 | | in the case where the new housing and the new housing not | 18 | | defined as multi-story for the purposes of this Act is a | 19 | | building in which 4 or more dwelling units or sleeping units | 20 | | intended to be occupied as a residence are contained within a | 21 | | single structure, with the technical requirements of the | 22 | | Department of Housing and Urban Development's Fair Housing | 23 | | Accessibility Guidelines published March 6, 1991, and the | 24 | | Supplement to Notice of Fair Housing Accessibility Guidelines: | 25 | | Questions and Answers about the Guidelines, published June 28, | 26 | | 1994.
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| 1 | | This subsection (a-1) does not apply within any unit of | 2 | | local government that by ordinance, rule, or regulation | 3 | | prescribes requirements to increase and facilitate access to | 4 | | the built environment by environmentally limited persons that | 5 | | are more stringent than those contained in this Act prior to | 6 | | the effective date of this amendatory Act of the 94th General | 7 | | Assembly.
| 8 | | This Act, together with the Illinois Accessibility Code, 71 | 9 | | Ill. Adm. Code 400, has the force of a building code and as | 10 | | such is law in the State of Illinois.
| 11 | | (b) Alterations. Any alteration to a public facility shall
| 12 | | provide accessibility as follows:
| 13 | | (1) Alterations Generally. No alteration shall be | 14 | | undertaken that
decreases or has the effect
of decreasing | 15 | | accessibility or usability of a building or facility below | 16 | | the
requirements for new construction at the time of | 17 | | alteration.
| 18 | | (2) If the alteration costs 15% or less of the | 19 | | reproduction cost of the
public facility, the element or | 20 | | space being altered shall comply with the
applicable | 21 | | requirements for new construction.
| 22 | | (3) State Owned Public Facilities. If the alteration is | 23 | | to a public
facility owned by the State and
the alteration | 24 | | costs more than 15% but less than 50% of the reproduction | 25 | | cost
of the public facility, the following shall comply | 26 | | with the applicable
requirements for new construction:
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| 1 | | (i) the element or space being altered,
| 2 | | (ii) an entrance and a means of egress intended for | 3 | | use by the general
public,
| 4 | | (iii) all spaces and elements necessary to provide | 5 | | horizontal and
vertical accessible routes between an | 6 | | accessible means entrance and means of
egress and the | 7 | | element or space being altered,
| 8 | | (iv) at least one accessible toilet room for each | 9 | | sex or a unisex toilet
when permitted, if toilets are | 10 | | provided or required,
| 11 | | (v) accessible parking spaces, where parking is | 12 | | provided, and
| 13 | | (vi) an accessible route from public sidewalks or | 14 | | from accessible
parking spaces, if provided, to an | 15 | | accessible entrance.
| 16 | | (4) All Other Public Facilities. If the alteration | 17 | | costs more than 15%
but less than 50% of the
reproduction | 18 | | cost of the public facility, and less than $100,000, the | 19 | | following
shall comply with the applicable requirements | 20 | | for new construction:
| 21 | | (i) the element or space being altered, and
| 22 | | (ii) an entrance and a means of egress intended for | 23 | | use by the general
public.
| 24 | | (5) If the alteration costs more than 15% but less than | 25 | | 50%
of the reproduction cost of the public facility, and | 26 | | more than $100,000,
the following shall
comply with the |
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| 1 | | applicable requirements for new construction:
| 2 | | (i) the element or space being
altered,
| 3 | | (ii) an entrance and
a means of egress intended for | 4 | | use by the general public,
| 5 | | (iii) all spaces and elements necessary to provide | 6 | | horizontal and
vertical accessible routes between an | 7 | | accessible entrance and means of egress
and the element | 8 | | or space being altered; however, privately owned | 9 | | public
facilities are not required to provide vertical | 10 | | access in a building with 2
levels of occupiable space | 11 | | where the cost of providing such vertical access is
| 12 | | more than 20% of the reproduction cost of the public | 13 | | facility,
| 14 | | (iv) at least one accessible toilet room for each | 15 | | sex or a unisex
toilet, when permitted, if toilets are | 16 | | provided or required,
| 17 | | (v) accessible parking spaces, where parking is | 18 | | provided, and
| 19 | | (vi) an accessible route from
public sidewalks or | 20 | | from the accessible parking spaces, if provided, to an
| 21 | | accessible entrance.
| 22 | | (6) If the alteration costs 50% or more of the | 23 | | reproduction
cost of the
public facility, the entire public | 24 | | facility shall comply with the
applicable requirements for | 25 | | new construction.
| 26 | | (c) Alterations to Specific Categories of Public |
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| 1 | | Facilities. For
religious entities, private clubs, and | 2 | | owner-occupied
transient lodging facilities of 5 units, | 3 | | compliance with the
standards adopted by the Capital | 4 | | Development Board is not mandatory if
the alteration costs 15% | 5 | | or less of the reproduction
cost of the public facility. | 6 | | However, if the cost of the
alteration exceeds
$100,000, the | 7 | | element or space being altered
must comply with applicable | 8 | | requirements for new construction. Alterations
over 15% of the | 9 | | reproduction cost of these public facilities are governed by
| 10 | | subdivisions (4), (5), and (6) of subsection (b), as | 11 | | applicable.
| 12 | | (d) Calculation of Reproduction Cost. For the purpose of | 13 | | calculating
percentages of reproduction cost, the
cost
of | 14 | | alteration shall be construed as the total actual combined cost | 15 | | of all
alterations made within any period of 30 months.
| 16 | | (e) No governmental unit may enter into a new or renewal | 17 | | agreement to
lease,
rent or use, in whole or in part, any | 18 | | building, structure or improved area
which does not comply with | 19 | | the standards. Any governmental unit which, on
the effective | 20 | | date of this Act, is leasing, renting or using, in whole or in
| 21 | | part, any building, structure or improved area which does not | 22 | | comply with
the standards shall make all reasonable efforts to | 23 | | terminate such lease,
rental or use by January 1, 1990.
| 24 | | (f) No public facility may be constructed or altered and no | 25 | | multi-story
housing unit may be constructed without the | 26 | | 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
| 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.
| 16 | | (g) Accessibility standards shall not apply to animal | 17 | | containment areas that are not for public use. | 18 | | (Source: P.A. 94-283, eff. 1-1-06.)
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