97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4109

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 25/5  from Ch. 111 1/2, par. 3715

    Amends the Environmental Barriers Act to provide that accessibility standards shall not apply to animal containment areas utilized and duly licensed to house only animals impounded in accordance with and for the purpose of administering the provision of the Animal Control Act concerning impoundment and redemption.


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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,
3represented in the General Assembly:
 
4    Section 5. The Environmental Barriers Act is amended by
5changing 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
9shall 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
15housing subject to regulation under this Act shall be
16constructed in compliance with all applicable regulations and,
17in the case where the new housing and the new housing not
18defined as multi-story for the purposes of this Act is a
19building in which 4 or more dwelling units or sleeping units
20intended to be occupied as a residence are contained within a
21single structure, with the technical requirements of the
22Department of Housing and Urban Development's Fair Housing
23Accessibility Guidelines published March 6, 1991, and the
24Supplement to Notice of Fair Housing Accessibility Guidelines:
25Questions and Answers about the Guidelines, published June 28,
261994.

 

 

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1    This subsection (a-1) does not apply within any unit of
2local government that by ordinance, rule, or regulation
3prescribes requirements to increase and facilitate access to
4the built environment by environmentally limited persons that
5are more stringent than those contained in this Act prior to
6the effective date of this amendatory Act of the 94th General
7Assembly.
8    This Act, together with the Illinois Accessibility Code, 71
9Ill. Adm. Code 400, has the force of a building code and as
10such is law in the State of Illinois.
11    (b) Alterations. Any alteration to a public facility shall
12provide 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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1Facilities. For religious entities, private clubs, and
2owner-occupied transient lodging facilities of 5 units,
3compliance with the standards adopted by the Capital
4Development Board is not mandatory if the alteration costs 15%
5or less of the reproduction cost of the public facility.
6However, if the cost of the alteration exceeds $100,000, the
7element or space being altered must comply with applicable
8requirements for new construction. Alterations over 15% of the
9reproduction cost of these public facilities are governed by
10subdivisions (4), (5), and (6) of subsection (b), as
11applicable.
12    (d) Calculation of Reproduction Cost. For the purpose of
13calculating percentages of reproduction cost, the cost of
14alteration shall be construed as the total actual combined cost
15of all alterations made within any period of 30 months.
16    (e) No governmental unit may enter into a new or renewal
17agreement to lease, rent or use, in whole or in part, any
18building, structure or improved area which does not comply with
19the standards. Any governmental unit which, on the effective
20date of this Act, is leasing, renting or using, in whole or in
21part, any building, structure or improved area which does not
22comply with the standards shall make all reasonable efforts to
23terminate such lease, rental or use by January 1, 1990.
24    (f) No public facility may be constructed or altered and no
25multi-story housing unit may be constructed without the
26statement of an architect registered in the State of Illinois

 

 

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1that the plans for the work to be performed comply with the
2provisions of this Act and the standards promulgated hereunder
3unless the cost of such construction or alteration is less than
4$50,000. In the case of construction or alteration of an
5engineering nature, where the plans are prepared by an
6engineer, the statement may be made by a professional engineer
7registered in the State of Illinois or a structural engineer
8registered in the State of Illinois that the engineering plans
9comply with the provisions of this Act and the standards
10promulgated hereunder. The architect's and/or engineer's
11statement shall be filed by the architect or engineer and
12maintained in the office of the governmental unit responsible
13for the issuance of the building permit. In those governmental
14units which do not issue building permits, the statement shall
15be filed and maintained in the office of the county clerk.
16    (g) Accessibility standards shall not apply to animal
17containment areas utilized and duly licensed to house only
18animals impounded in accordance with and for the purpose of
19administering Section 10 of the Animal Control Act.
20(Source: P.A. 94-283, eff. 1-1-06.)