HB0055ham001 94TH GENERAL ASSEMBLY

Housing and Urban Development Committee

Filed: 3/8/2005

09400HB0055ham001 LRB094 04034 RXD 41349 a

AMENDMENT TO HOUSE BILL 55

AMENDMENT NO. ______. Amend House Bill 55 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Barriers Act is amended by changing Section 5 as follows:

(410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)

Sec. 5. Scope.

(a) The standards adopted by the Capital Development Board shall apply to:

(1) Public Facilities; New Construction. Any new public facility or portion thereof, the construction of which is begun after the effective date of this Act. However, any new public facility (i) for which a specific contract for the planning has been awarded prior to the effective date of this Act and (ii) construction of which is begun within 12 months of the effective date of this Act shall be exempt from compliance with the standards adopted pursuant to this Act insofar as those standards vary from standards in the Illinois Accessibility Code.

(2) Multi-Story Housing Units; New Construction. Any new multi-story housing unit or portion thereof, the construction of which is begun after the effective date of this Act. However, any new multi-story housing unit (i) for which a specific contract for the planning has been awarded prior to the effective date of this Act and (ii) construction of which is begun within 12 months of the effective date of this Act shall be exempt from compliance with the standards adopted pursuant to this Act insofar as those standards vary from standards in the Illinois Accessibility Code. Provided, however, that if the common areas comply with the standards, if 20% of the dwelling units are adaptable and if the adaptable dwelling units include dwelling units of various sizes and locations within the multi-story housing unit, then the entire multi-story housing unit shall be deemed to comply with the standards.

(a-1) Accessibility of structures; new construction. New housing subject to regulation under this Act shall be constructed in compliance with all applicable regulations and with the following technical requirements provided under the Accessibility Guidelines promulgated by the federal government under the Fair Housing Act:

(1) Accessible entrance on an accessible route. If there are common entrances to a multi-unit building, at least one entrance, typically used by residents for entering the building, shall be accessible.

(2) Accessible public and common use areas. Parking areas, curb ramps, passenger loading areas, building lobbies, lounges, halls, corridors, elevators, public use restrooms, and rental or sales offices shall be accessible to persons with disabilities, including such facilities as drinking fountains, water coolers, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, recreation facilities, nature trails, and other similar facilities.

(3) Usable doors.

(A) Doors shall be wide enough to enable a person in a wheelchair to maneuver through them including public and common-use doors, doors leading into an individual dwelling unit, and all doors within the dwelling unit itself. For wheelchairs, doors must have a clear opening width of at least 32 inches, measured from the face of the door to the stop, with the door open 90 degrees.

(B) All types of doors included in this Act, including hinged doors, sliding doors, and folding doors.

(C) Doors leading to any outdoor amenities, the dwelling or complex included in this Act, including doors to such amenities as a balcony, patio, or deck.

(D) If a deck or patio has doorways leading into 2 or more separate rooms, these doors must be usable.

(4) Accessible routes into and through dwelling units.

(A) Thresholds of the exterior doors of a dwelling unit may not exceed three-fourths of an inch; this Act shall apply to sliding door tracks.

(B) In single-story units, changes in height of one-fourth inch to one-half inch shall be beveled. Those greater than one-half inch shall be ramped or have other means of access. Minimum clear width for an accessible route inside the unit is 36 inches. Hallways, passages, and corridors shall be wide enough to allow room to maneuver a wheelchair throughout the unit.

(5) Accessible light switches, electrical outlets, and environmental controls.

(A) Operable parts of controls must be no lower than 15 inches and no higher than 48 inches from the floor.

(B) Switches, outlets, thermostats, and controls shall be accessible to persons in wheelchairs.

(6) Reinforced walls in bathrooms. Walls in bathrooms shall be reinforced so that grab bars near the toilet, tub, and shower seat, if not already provided, may be added.

(7) Usable kitchens and bathrooms.

(A) A minimum of 40 inches of clear floor space shall be provided in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances, or walls.

(B) A U-shaped design shall require a minimum of 5 feet in diameter clear space, or removable cabinets at the base of the U-shaped design.

(C) Appliances must be located so they can be used by a person in a wheelchair. A 30-inch by 48-inch clear floor space is required for a parallel or forward approach.

(D) Adequate maneuvering space shall be required in bathrooms so that a person in a wheelchair can enter, close the door, use the facilities and fixtures, and exit.

(E) All bathrooms shall include a basic degree of maneuverability and usable doors, reinforced walls, switches and outlets in accessible locations, and must be on an accessible route.

(8) Additional accessibility standards. Dwelling units and public and common use areas serving persons with disabilities in all multi-unit buildings not defined as multi-story for purposes of this Act shall also comply with this subsection (a-1) if the building consists of 4 or more dwelling units, whether for rent or sale.

(A) In a building with an elevator, all dwelling units shall be made accessible and the elevator must serve all of the units.

(B) In a building without an elevator, all dwelling units on the ground floor shall be made accessible. The accessibility requirements apply only to the ground floor units, all ground floor units shall be made accessible.

New construction of multi-unit housing may also be subject to the federal Fair Housing Act, 42 U.S.C. 3601 et seq., which has different accessibility requirements.

This Act, together with the Illinois Accessibility Code, 71 Ill. Adm. Code 400, has the force of a building code and as such is law in the State of Illinois.

(b) Alterations. Any alteration to a public facility shall provide accessibility as follows:

(1) Alterations Generally. No alteration shall be undertaken that decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration.

(2) If the alteration costs 15% or less of the reproduction cost of the public facility, the element or space being altered shall comply with the applicable requirements for new construction.

(3) State Owned Public Facilities. If the alteration is to a public facility owned by the State and the alteration costs more than 15% but less than 50% of the reproduction cost of the public facility, the following shall comply with the applicable requirements for new construction:

(i) the element or space being altered,

(ii) an entrance and a means of egress intended for use by the general public,

(iii) all spaces and elements necessary to provide horizontal and vertical accessible routes between an accessible means entrance and means of egress and the element or space being altered,

(iv) at least one accessible toilet room for each sex or a unisex toilet when permitted, if toilets are provided or required,

(v) accessible parking spaces, where parking is provided, and

(vi) an accessible route from public sidewalks or from accessible parking spaces, if provided, to an accessible entrance.

(4) All Other Public Facilities. If the alteration costs more than 15% but less than 50% of the reproduction cost of the public facility, and less than $100,000, the following shall comply with the applicable requirements for new construction:

(i) the element or space being altered, and

(ii) an entrance and a means of egress intended for use by the general public.

(5) If the alteration costs more than 15% but less than 50% of the reproduction cost of the public facility, and more than $100,000, the following shall comply with the applicable requirements for new construction:

(i) the element or space being altered,

(ii) an entrance and a means of egress intended for use by the general public,

(iii) all spaces and elements necessary to provide horizontal and vertical accessible routes between an accessible entrance and means of egress and the element or space being altered; however, privately owned public facilities are not required to provide vertical access in a building with 2 levels of occupiable space where the cost of providing such vertical access is more than 20% of the reproduction cost of the public facility,

(iv) at least one accessible toilet room for each sex or a unisex toilet, when permitted, if toilets are provided or required,

(v) accessible parking spaces, where parking is provided, and

(vi) an accessible route from public sidewalks or from the accessible parking spaces, if provided, to an accessible entrance.

(6) If the alteration costs 50% or more of the reproduction cost of the public facility, the entire public facility shall comply with the applicable requirements for new construction.

(c) Alterations to Specific Categories of Public Facilities. For religious entities, private clubs, and owner-occupied transient lodging facilities of 5 units, compliance with the standards adopted by the Capital Development Board is not mandatory if the alteration costs 15% or less of the reproduction cost of the public facility. However, if the cost of the alteration exceeds $100,000, the element or space being altered must comply with applicable requirements for new construction. Alterations over 15% of the reproduction cost of these public facilities are governed by subdivisions (4), (5), and (6) of subsection (b), as applicable.

(d) Calculation of Reproduction Cost. For the purpose of calculating percentages of reproduction cost, the cost of alteration shall be construed as the total actual combined cost of all alterations made within any period of 30 months.

(e) No governmental unit may enter into a new or renewal agreement to lease, rent or use, in whole or in part, any building, structure or improved area which does not comply with the standards. Any governmental unit which, on the effective date of this Act, is leasing, renting or using, in whole or in part, any building, structure or improved area which does not comply with the standards shall make all reasonable efforts to terminate such lease, rental or use by January 1, 1990.

(f) No public facility may be constructed or altered and no multi-story housing unit may be constructed without the statement of an architect registered in the State of Illinois that the plans for the work to be performed comply with the provisions of this Act and the standards promulgated hereunder unless the cost of such construction or alteration is less than $50,000. In the case of construction or alteration of an engineering nature, where the plans are prepared by an engineer, the statement may be made by a professional engineer registered in the State of Illinois or a structural engineer registered in the State of Illinois that the engineering plans comply with the provisions of this Act and the standards promulgated hereunder. The architect's and/or engineer's statement shall be filed by the architect or engineer and maintained in the office of the governmental unit responsible for the issuance of the building permit. In those governmental units which do not issue building permits, the statement shall be filed and maintained in the office of the county clerk.

(Source: P.A. 89-539, eff. 7-19-96.)".