State of Illinois
90th General Assembly
Legislation

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90_HB1228

      New Act
          Creates the Basic Access to Housing Act.   Provides  that
      all private single-family spec homes designed and constructed
      for first occupancy after March 13, 1998 must include certain
      basic  access features, including a no-step exterior entrance
      with a 36-inch-wide door, interior doors allowing  32  inches
      of clearance, electrical outlets at least 15 inches above the
      floor,  and  reinforced  bathroom  walls.  Preempts home rule
      powers. Provides that the Department of  Human  Rights  shall
      oversee  the administration of the Act and receive and review
      complaints alleging violations of the Act.
                                                     LRB9004375DJcd
                                               LRB9004375DJcd
 1        AN ACT concerning housing.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  1.  Short  title.   This Act may be cited as the
 5    Basic Access to Housing Act.
 6        Section 5.  Definition.  In this Act, "spec home" means a
 7    private single-family residence constructed by a  builder  or
 8    individual  for  sale on the open market and not built for an
 9    individual for immediate occupancy.
10        Section 10.  Application of Act.   This  Act  applies  to
11    every  spec home designed and constructed for first occupancy
12    after March 13, 1998.  A spec home  shall  be  deemed  to  be
13    designed  and constructed for first occupancy after March 13,
14    1998 if it is first occupied after that date or if  the  last
15    building  permit or renewal of a building permit for the spec
16    home is issued after September 13, 1997.
17        Section 15.  Basic access required.  Every spec  home  to
18    which this Act applies shall include the following features:
19             (1)  The  home  shall  have  at  least  one  no-step
20        exterior  entrance  with  a 36-inch-wide entrance door to
21        allow for wheelchair access into the home.
22             (2)  All interior passage doors in  the  home  shall
23        allow at least 32 inches of clearance in width.
24             (3)  No electrical outlet in the home shall be lower
25        than  15  inches    from  the finished floor and no light
26        switch in the home shall be more than 48 inches from  the
27        finished  floor.   All environmental controls in the home
28        shall be in accessible locations.
29             (4)  In each bathroom or  other  room  containing  a
30        toilet,  bathtub, shower stall, or shower seat, the walls
                            -2-                LRB9004375DJcd
 1        adjacent to those  fixtures  shall  be  reinforced  in  a
 2        manner  that  will  allow  the later installation of grab
 3        bars around those fixtures.
 4        Section   20.  Waiver.    A   builder    or    individual
 5    constructing  a  spec  home  to  which  this  Act applies may
 6    request a waiver of the requirement  that  the  home  have  a
 7    no-step  exterior entrance if the cost of grading the terrain
 8    to provide such an entrance is prohibitively expensive.   The
 9    builder  or  individual  shall  request  the  waiver from the
10    person or entity that is authorized to issue building permits
11    or otherwise control the construction  of  buildings  in  the
12    area in which the spec home is constructed.
13        Section  25.   Home  rule  powers preempted.  A home rule
14    unit may not regulate the construction of  spec  homes  in  a
15    manner  inconsistent  with the regulation by the State of the
16    construction of spec homes under this Act.  This Section is a
17    limitation under subsection (i) of Section 6 of  Article  VII
18    of  the  Illinois  Constitution on the concurrent exercise by
19    home rule units of powers  and  functions  exercised  by  the
20    State.
21        Section  30.   Administration  of  Act;  complaints.  The
22    Department of Human Rights shall oversee  the  administration
23    of  this Act and shall receive and review complaints alleging
24    violations of this Act.

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