Illinois General Assembly - Full Text of SB2956
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Full Text of SB2956  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/18/2016, by Sen. Linda Holmes


See Index

    Amends the Environmental Barriers Act. Changes references from "accessibility standards" to "the Illinois Accessibility Code", and makes related changes. Makes changes to provisions concerning definitions. Removes a provision requiring the Capital Development Board to establish standards for areas restricted to employee use. Requires the Capital Development Board to update the Code within 3 years (rather than 2 years) after federal standards are updated. Provides that the Act generally applies to public facilities and multi-story housing constructed after May 1, 1988, with specific provisions concerning the Code's application. Requires new housing construction to comply with the Department of Housing and Urban Development's March 6, 1991 Fair Housing Accessibility Guidelines and all later versions, amendments, and supplements. Requires all alterations to public facilities and multi-story housing to comply with the Code as it exists at the time of alteration. Adds provisions concerning alterations that impact accessibility or usability of paths of travel. Repeals provisions concerning alterations. Combines provisions concerning civil enforcement and other penalties. Provides that any violation of the Code is a violation of the Act. Provides the Attorney General with discretion to investigate complaints made under the Act. Adds enforcement provisions concerning the powers of the Attorney General. Changes references from "environmentally limited persons" to "individuals with disabilities". Makes other changes.

LRB099 18105 MJP 42470 b






SB2956LRB099 18105 MJP 42470 b

1    AN ACT concerning 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 Sections 2, 3, 4, 5, 6, and 8 as follows:
6    (410 ILCS 25/2)  (from Ch. 111 1/2, par. 3712)
7    Sec. 2. Statement of Findings and Purpose. The General
8Assembly finds that:
9    (a) Public facilities and multi-story housing units which
10contain environmental barriers create a serious threat to the
11safety and welfare of all members of society both in normal
12conditions and in the event of fire, panic and other emergency.
13    (b) Individuals with disabilities Environmentally limited
14persons are often denied access to and use of public facilities
15and multi-story housing units due to environmental barriers
16which prevent them from exercising many of their rights and
17privileges as citizens.
18    (c) The integration of individuals with disabilities
19environmentally limited persons into the mainstream of society
20furthers the goals and policies of this State to assure the
21right of all persons to live and work as independently as
22possible and to participate in the life of the community as
23fully as possible.



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1    Therefore, eliminating environmental barriers is an object
2of serious public concern. This Act shall be liberally
3construed toward that end.
4(Source: P.A. 84-948.)
5    (410 ILCS 25/3)  (from Ch. 111 1/2, par. 3713)
6    Sec. 3. Definitions. As used in this Act and the Illinois
7Accessibility Code (71 Ill. Adm. Code 400):
8    "2010 Standards for Accessible Design" means the
9regulations promulgated by the Department of Justice, 28 CFR
10Parts 35 and 36, pursuant to the Americans with Disabilities
11Act of 1990 (ADA).
12    "Accessibility Code" or "Code" "Accessibility standards"
13or "standards" means those standards, known as the Illinois
14Accessibility Code, 71 Ill. Adm. Code 400, adopted by the
15Capital Development Board pursuant to Section 4 of this Act.
16    "Accessible" means that a site, building, facility, or
17portion thereof is compliant with the Code.
18    "Accessible means of egress" means a continuous and
19unobstructed way of egress travel from any point in a building
20or facility that provides an accessible route to an area of
21refuge, a horizontal exit, or a public way.
22    "Accessible route" means a continuous unobstructed path
23connecting all accessible elements and spaces of a building or
24facility. Interior accessible routes may include corridors,
25floors, ramps, elevators, lifts, skywalks, tunnels, and clear



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1floor space at fixtures. Exterior accessible routes may include
2parking access aisles, curb ramps, crosswalks at vehicular
3ways, walks, ramps, and lifts.
4    "Adaptability" or "adaptable" means the ability of certain
5building spaces and elements, such as kitchen counters, sinks
6and grab bars, to be added or altered so as to accommodate the
7needs of individuals with different types or degrees of
9    "Adaptable dwelling unit" means a dwelling unit
10constructed and equipped so it can be converted with minimal
11structural change for use by persons with different types and
12degrees of disability environmental limitation.
13    "Addition" means an expansion, extension, or increase in
14the gross floor area of a public facility or multi-story
15housing unit.
16    "Alteration" means any modification or renovation that
17affects or could affect the usability of the building or
18facility or part of the building or facility. "Alteration"
19includes, but is not limited to, remodeling, renovation,
20rehabilitation, reconstruction, historic preservation,
21historic reconstruction, historic rehabilitation, historic
22restoration, changes to or rearrangement of the structural
23parts or elements, changes to or replacement of plumbing
24fixtures or controls, changes to or rearrangement in the plan
25configuration of walls and full-height partitions, resurfacing
26of circulation paths or vehicular ways, and changes or



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1improvements to parking lots. extraordinary repairs, plumbing
2fixture changes, and changes or rearrangements in the plan
3configuration of walls and full-height partitions. The
4following work is not considered to be an alteration unless it
5affects the usability of the building or facility: normal
6maintenance, reroofing, painting or wallpapering interior or
7exterior redecoration, or changes to mechanical and electrical
8systems, replacement of plumbing, piping, or valves, asbestos
9removal, or installation of fire sprinkler systems.
10    "Built environment" means those parts of the physical
11environment which are designed, constructed or altered by
12people, including all public facilities and multi-story
13housing units.
14    "Circulation path" means an exterior or interior way of
15passage provided for pedestrian travel, including, but not
16limited to, walks, hallways, courtyards, elevators, platform
17lifts, ramps, stairways, and landings.
18    "Common use areas" or "common areas" means areas, including
19interior and exterior rooms, spaces, or elements, which are
20held out for use by all tenants and owners in public facilities
21and multi-story housing, including, but not limited to,
22residents of an apartment building or condominium complex,
23occupants of an office building, or the guests of such
24residents or occupants. "Common use areas" or "common areas"
25includes, but is units including, but not limited to, lobbies,
26elevators, hallways, laundry rooms, swimming pools, storage



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1rooms, recreation areas, parking garages, building offices,
2conference rooms, patios, restrooms, telephones, drinking
3fountains, restaurants, cafeterias, delicatessens and stores.
4    "Construction" means any erection, building, installation
5or reconstruction. Additions shall be deemed construction for
6purposes of this Act.
7    "Curb ramp" means a ramp that cuts through or is built up
8to the curb. Curb ramps can be perpendicular or parallel, or a
9combination of parallel and perpendicular ramps.
10    "Disability" means a physical or mental impairment that
11substantially limits one or more major life activities; a
12record or history of such an impairment; or regarded as having
13such an impairment.
14    "Dwelling unit" means a single unit of residence which
15provides a kitchen or food preparation area, in addition to
16rooms and spaces for living, bathing, sleeping, and the like.
17Dwelling units are found in such housing types such as
18townhouses and apartment buildings.
19    "Element" means an architectural, or mechanical (including
20electrical and plumbing), or electrical component of a
21building, facility, space, or site, or public right-of-way.
22including but not limited to a telephone, curb ramp, door,
23drinking fountain, seating, or water closet.
24    "Entrance" means any access point to a building or portion
25of a building or facility or multi-story housing unit used for
26the purpose of entering. An entrance includes the approach



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1walk, the vertical access leading to the entrance platform, the
2entrance platform itself, vestibules if provided, and the entry
3door or doors or gate or gates.
4    "Environmental barrier" means an element or space of the
5built environment which limits accessibility to or use of the
6built environment by individuals with disabilities
7environmentally limited persons.
8    "Environmentally limited person" means a person with a
9disability or condition who is restricted in the use of the
10built environment.
11    "Facility" means all or any portion of buildings,
12structures, site improvements, elements, and pedestrian routes
13or vehicular ways located on a site.
14    "Governmental unit" means State agencies and local
15government agencies as defined in the State Auditing Act,
16public colleges and universities, and school districts. the
17State or any political subdivision thereof, including but not
18limited to any county, town, township, city, village,
19municipality, municipal corporation, school district or other
20special purpose district.
21    "Means of egress" means a continuous and unobstructed path
22of travel from any point in a building or structure to a public
23way, consisting of 3 separate and distinct parts: the exit
24access, the exit, and the exit discharge. A means of egress
25comprises vertical and horizontal means of travel and includes
26intervening room spaces, doors, hallways, corridors,



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1passageways, balconies, ramps, stairs, enclosures, lobbies,
2escalators, horizontal exits, courts, and yards.
3    "Multi-story housing unit" means any building of 4 or more
4stories containing 10 or more dwelling units constructed to be
5held out for sale or lease by any person to the public.
6"Multi-story housing" includes, but is not limited to, the
7following building types: apartment buildings, condominium
8apartment buildings, convents, housing for the elderly, and
10    "Occupiable" means a room or enclosed space designed for
11human occupancy in which individuals congregate for amusement,
12educational, or similar purposes, or in which occupants are
13engaged at labor, and that is equipped with means of egress,
14light, and ventilation.
15    "Owner" means the person contracting for the construction
16or alteration. That person may be the owner of the real
17property or existing facility or the may be a tenant of the
18real property or existing facility.
19    "Primary function area" means an area of a building or
20facility containing a major activity for which the building or
21facility is intended. There can be multiple areas containing a
22primary function in a single building. Primary function areas
23are not limited to public use areas. Mixed use facilities may
24include numerous primary function areas for each use. Areas
25containing a primary function do not include: mechanical rooms,
26boiler rooms, supply storage rooms, employee lounges or locker



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1rooms, janitorial closets, entrances, corridors, or restrooms.
2Restrooms are not areas containing a primary function unless
3the provision of restrooms is a primary purpose of the area,
4such as in highway rest stops.
5    "Public" means any group of people who are users of the
6building or employees of the building. The term "public" is not
7intended to include those people who are employed by the owner
8of a building for the sole purpose of construction or
9alteration of a building during the time in which the building
10is being constructed or altered.
11    "Person" means one or more individuals, partnerships,
12associations, unincorporated organizations, corporations,
13cooperatives, legal representatives, trustees, receivers,
14agents, any group of persons or any governmental unit.
15    "Planning" means the preparation of architectural or
16engineering designs or plans, technical or other
17specifications, landscaping plans or other preconstruction
18plans or specifications.
19    "Public facility" means:
20        (1) any building, structure, or site improvement which
21    is:
22            (i) owned by or on behalf of a governmental unit,
23            (ii) leased, rented or used, in whole or in part,
24        by a governmental unit, or
25            (iii) financed, in whole or in part, by a grant or
26        a loan made or guaranteed by a governmental unit; or



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1        (2) any building, structure, or site improvement used
2    or held out for use or intended for use by the public or by
3    employees for one or more of, but not limited to, the
4    following:
5            (i) the purpose of gathering, recreation,
6        transient lodging, education, employment,
7        institutional care, or the purchase, rental, sale or
8        acquisition of any goods, personal property or
9        services;
10            (ii) places of public display or collection;
11            (iii) social service establishments; and
12            (iv) stations used for specified public
13        transportation; or .
14        (3) a public right-of-way.
15    "Public right-of-way" means public land or property,
16usually in interconnected corridors, that is acquired for or
17dedicated to transportation purposes.
18    "Public way" means any street, alley, or other parcel of
19land open to the outside air leading to a public street, which
20has been deeded, dedicated, or otherwise permanently
21appropriated to the public for public use, and which has a
22clear width and height of not less than 10 feet (3048 mm).
23    "Ramp" means a walking surface that has a running slope
24steeper than 1:20.
25    "Public" means any group of people who are users of the
26building and employees of the building excluding those people



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1who are employed by the owner of a building for construction or
2alteration of a building.
3    "Reproduction cost" means the estimated cost of
4constructing a new building, structure, or site improvement of
5like size, design and materials at the site of the original
6building, structure, or site improvement, assuming such site is
7clear. The reproduction cost shall be determined by using the
8recognized standards of an authoritative technical
10    "Site improvements" means landscaping, pedestrian and
11vehicular pathways, steps, ramps, curb ramps, parking lots,
12outdoor lighting, recreational facilities, and the like, added
13to a site.
14    "Space" means a definable area, such as a toilet room,
15corridor, assembly area, entrance, storage room, alcove,
16courtyard, or lobby.
17    "State" means the State of Illinois and any instrumentality
18or agency thereof.
19    "Technically infeasible" means, with respect to an
20alteration of a building or a facility, that something has
21little likelihood of being accomplished because existing
22structural conditions would require removing or altering a
23load-bearing member that is an essential part of the structural
24frame; or because other existing physical or site constraints
25prohibit modification or addition of elements, spaces, or
26features that are in full and strict compliance with the



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1minimum requirements.
2    "Temporary building" means a building or any element of a
3building which is not permanent and is designed to be used only
4for a short period of time for some special purpose. "Temporary
5building" includes, but is not limited to, reviewing stands,
6temporary classrooms, bleacher areas, stages, platforms and
7daises, fixed furniture systems, wall systems, exhibit areas,
8temporary banking facilities, and temporary health screening
9facilities. Structures and equipment directly associated with
10the actual processes of construction are not required to be
12    "Transient lodging" means a building or facility or portion
13of a building or facility, excluding inpatient medical care
14facilities and owner-occupied buildings of 4 or fewer lodging
15units. "Transient lodging" may include, but is not limited to,
16resorts, group homes, hotels and motels, including cabins and
17other detached units, and dormitories.
18(Source: P.A. 89-539, eff. 7-19-96.)
19    (410 ILCS 25/4)  (from Ch. 111 1/2, par. 3714)
20    Sec. 4. Illinois Accessibility Code Standards. The Capital
21Development Board shall adopt and publish accessibility
22standards known as the Illinois Accessibility Code. With
23respect to Accessibility standards for public facilities, the
24Code shall dictate minimum design, construction, and
25alteration requirements to facilitate access to and use of the



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1public facility by individuals with disabilities
2environmentally limited persons. With respect to Accessibility
3standards for multi-story housing, the Code units shall dictate
4minimum design and construction requirements to facilitate
5access to and use of the common areas by individuals with
6disabilities environmentally limited persons and create a
7number of adaptable dwelling units in accordance with Section
85. With respect to areas within public facilities or
9multi-story housing units which areas are restricted to use by
10the employees of businesses or concerns occupying such
11restricted areas, the Capital Development Board shall
12promulgate standards designed to ensure that such areas will be
13accessible to those environmentally limited persons who can
14reasonably be expected to perform the duties of a job therein.
15    The Code standards shall be adopted and revised in
16accordance with the Illinois Administrative Procedure Act.
17Beginning on the effective date of this amendatory Act of the
1898th General Assembly, the Capital Development Board shall
19begin the process of updating the 1997 Illinois Accessibility
20Code and shall model the updates on the 2010 ADA Standards for
21Accessible Design. By no later than January 1, 2017, the
22Capital Development Board shall adopt and publish the updated
23Illinois Accessibility Code. The updated Illinois
24Accessibility Code may be more stringent than the 2010 ADA
25Standards for Accessible Design and may identify specific
26standards. Beginning on January 1, 2017, if the ADA Standards



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1for Accessible Design are updated, then the Capital Development
2Board shall update its accessibility standards, in keeping with
3the ADA Standards for Accessible Design, within 3 2 years after
4the ADA Standards for Accessible Design updates and shall adopt
5and publish an updated Illinois Accessibility Code.
6    The Capital Development Board may issue written
7interpretation of the Code standards adopted under Section 4 of
8this Act. The Capital Development Board shall issue an
9interpretation within 30 calendar days of receipt of a written
10request by certified mail unless a longer period is agreed to
11by the parties. Interpretations issued under this Section are
12project specific and do not constitute precedent for future or
13different circumstances.
14(Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15.)
15    (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)
16    Sec. 5. Scope.
17    (a) New construction. Any new public facility or
18multi-story housing, or portion thereof, the construction of
19which began after May 1, 1988, is subject to the current
20provisions of this Act. The Code adopted by the Capital
21Development Board shall apply as follows The standards adopted
22by the Capital Development Board shall apply to:
23        (1) Public facilities; new construction Facilities;
24    New Construction. Any new public facility or portion
25    thereof, the construction of which is begun after May l,



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1    1988 is subject to the provisions of the Code applicable to
2    new construction as the Code existed at the time the
3    construction commenced. the effective date of this Act.
4        (2) Multi-story housing; new construction. Any new
5    multi-story housing, or portion thereof, the construction
6    of which is begun after May 1, 1988, is subject to the
7    provisions of the Code applicable to new construction as
8    the Code existed at the time the construction commenced.
9    Twenty percent, or at least one, whichever is greater, of
10    the dwelling units in the multi-story housing shall be
11    adaptable and the adaptable units shall be distributed
12    throughout the multi-story housing to provide a variety of
13    sizes and locations. In addition, all common and public use
14    spaces shall be in compliance with the Code.
15        (3) Any However, any new public facility or multi-story
16    housing (i) for which a specific contract for the planning
17    has been awarded prior to the effective date of a new
18    version of the Code this Act and (ii) construction of which
19    is begun within 12 months of the effective date of the new
20    version of the Code this Act shall be exempt from
21    compliance with the new version of the Code and may instead
22    comply with the version of the Code as it existed at the
23    time the contract was awarded. standards adopted pursuant
24    to this Act insofar as those standards vary from standards
25    in the Illinois Accessibility Code.
26        (2) Multi-Story Housing Units; New Construction. Any



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1    new multi-story housing unit or portion thereof, the
2    construction of which is begun after the effective date of
3    this Act. However, any new multi-story housing unit (i) for
4    which a specific contract for the planning has been awarded
5    prior to the effective date of this Act and (ii)
6    construction of which is begun within 12 months of the
7    effective date of this Act shall be exempt from compliance
8    with the standards adopted pursuant to this Act insofar as
9    those standards vary from standards in the Illinois
10    Accessibility Code. Provided, however, that if the common
11    areas comply with the standards, if 20% of the dwelling
12    units are adaptable and if the adaptable dwelling units
13    include dwelling units of various sizes and locations
14    within the multi-story housing unit, then the entire
15    multi-story housing unit shall be deemed to comply with the
16    standards.
17        (4) (a-1) Accessibility of structures; new
18    construction. New housing subject to regulation under this
19    Act shall comply be constructed in compliance with all
20    applicable laws and regulations. In and, in the case where
21    the new housing is and the new housing not defined as
22    multi-story for the purposes of this Act, but instead is a
23    building in which 4 or more dwelling units or sleeping
24    units intended to be occupied as a residence are contained
25    within a single structure, the housing shall comply with
26    the technical guidance requirements of the Department of



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1    Housing and Urban Development's Fair Housing Accessibility
2    Guidelines published March 6, 1991, and all subsequent
3    versions, amendments, or supplements the Supplement to
4    Notice of Fair Housing Accessibility Guidelines: Questions
5    and Answers about the Guidelines, published June 28, 1994.
6        This subsection (4) (a-1) does not apply within any
7    unit of local government that by ordinance, rule, or
8    regulation prescribes requirements to increase and
9    facilitate access to the built environment by individuals
10    with disabilities environmentally limited persons that are
11    more stringent than those contained in this Act prior to
12    the effective date of this amendatory Act of the 94th
13    General Assembly.
14        (5) This Act, together with the Illinois Accessibility
15    Code, 71 Ill. Adm. Code 400, has the force of a building
16    code and as such is law in the State of Illinois. Any
17    violation of the Code is deemed a violation of this Act and
18    subject to enforcement pursuant to this Act.
19    (b) Alterations. Any alteration to a public facility shall
20provide accessibility as follows:
21        (1) Alterations Generally. No alteration shall be
22    undertaken that decreases or has the effect of decreasing
23    accessibility or usability of a building or facility below
24    the requirements for new construction at the time of
25    alteration.
26        (2) Applicability. Any alteration of a public facility



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1    or multi-story housing shall comply with the Code
2    provisions regarding alterations as such provisions exist
3    at the time such alteration commences. If the alteration
4    costs 15% or less of the reproduction cost of the public
5    facility, the element or space being altered shall comply
6    with the applicable requirements for new construction.
7        (3) Path of travel to primary function area. An
8    alteration that affects or could affect the usability of or
9    access to an area containing a primary function shall be
10    made so as to ensure that, to the maximum extent feasible,
11    the path of travel to the primary function area, including
12    the entrance route to the altered area and the rest rooms,
13    telephones, and drinking fountains serving the altered
14    area, are readily accessible to and usable by individuals
15    with disabilities, unless the cost of the alterations to
16    provide an accessible path of travel to the primary
17    function area exceeds 20% of the cost of the overall
18    alteration, or such alterations are otherwise
19    disproportionate to the overall alterations in terms of
20    cost and scope as set forth in the Code. State Owned Public
21    Facilities. If the alteration is to a public facility owned
22    by the State and the alteration costs more than 15% but
23    less than 50% of the reproduction cost of the public
24    facility, the following shall comply with the applicable
25    requirements for new construction:
26            (i) the element or space being altered,



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1            (ii) an entrance and a means of egress intended for
2        use by the general public,
3            (iii) all spaces and elements necessary to provide
4        horizontal and vertical accessible routes between an
5        accessible means entrance and means of egress and the
6        element or space being altered,
7            (iv) at least one accessible toilet room for each
8        sex or a unisex toilet when permitted, if toilets are
9        provided or required,
10            (v) accessible parking spaces, where parking is
11        provided, and
12            (vi) an accessible route from public sidewalks or
13        from accessible parking spaces, if provided, to an
14        accessible entrance.
15        (4) All Other Public Facilities. If the alteration
16    costs more than 15% but less than 50% of the reproduction
17    cost of the public facility, and less than $100,000, the
18    following shall comply with the applicable requirements
19    for new construction:
20            (i) the element or space being altered, and
21            (ii) an entrance and a means of egress intended for
22        use by the general public.
23        (5) If the alteration costs more than 15% but less than
24    50% of the reproduction cost of the public facility, and
25    more than $100,000, the following shall comply with the
26    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 entrance and means of egress and the element
7        or space being altered; however, privately owned
8        public facilities are not required to provide vertical
9        access in a building with 2 levels of occupiable space
10        where the cost of providing such vertical access is
11        more than 20% of the reproduction cost of the public
12        facility,
13            (iv) at least one accessible toilet room for each
14        sex or a unisex toilet, when permitted, if toilets are
15        provided or required,
16            (v) accessible parking spaces, where parking is
17        provided, and
18            (vi) an accessible route from public sidewalks or
19        from the accessible parking spaces, if provided, to an
20        accessible entrance.
21        (6) If the alteration costs 50% or more of the
22    reproduction cost of the public facility, the entire public
23    facility shall comply with the applicable requirements for
24    new construction.
25    (c) Alterations to Specific Categories of Public
26Facilities. For religious entities, private clubs, and



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1owner-occupied transient lodging facilities of 5 units,
2compliance with the standards adopted by the Capital
3Development Board is not mandatory if the alteration costs 15%
4or less of the reproduction cost of the public facility.
5However, if the cost of the alteration exceeds $100,000, the
6element or space being altered must comply with applicable
7requirements for new construction. Alterations over 15% of the
8reproduction cost of these public facilities are governed by
9subdivisions (4), (5), and (6) of subsection (b), as
11    (d) Calculation of Reproduction Cost. For the purpose of
12calculating percentages of reproduction cost, the cost of
13alteration shall be construed as the total actual combined cost
14of all alterations made within any period of 30 months.
15    (c) (e) No governmental unit may enter into a new or
16renewal agreement to lease, rent or use, in whole or in part,
17any building, structure or improved area which does not comply
18with the new construction provisions of the Code standards. Any
19governmental unit which, on the effective date of this Act, is
20leasing, renting or using, in whole or in part, any building,
21structure or improved area which does not comply with the Code
22standards shall make all reasonable efforts to terminate such
23lease, rental or use by January 1, 1990.
24    (d) (f) No public facility may be constructed or altered
25and no multi-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 Code standards promulgated
3hereunder unless the cost of such construction or alteration is
4less than $50,000. In the case of construction or alteration of
5an engineering 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 Code 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    (e) The requirements found in the Code cannot be waived by
17any party.
18(Source: P.A. 94-283, eff. 1-1-06.)
19    (410 ILCS 25/6)  (from Ch. 111 1/2, par. 3716)
20    Sec. 6. Civil Enforcement.
21    (a) The Attorney General shall have authority to enforce
22the Code the standards. The Attorney General may shall
23investigate any complaint or reported violation of this Act
24and, where necessary to ensure compliance, may do bring an
25action for any or all of the following:



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1        (1) Conduct an investigation to determine if a
2    violation of this Act and the Code exist. This includes the
3    power to: mandamus;
4            (A) require the individual or entity to file a
5        statement or report in writing under oath or otherwise,
6        as to all information the Attorney General may
7        consider;
8            (B) examine under oath any person alleged to have
9        participated in or with knowledge of the violations;
10        and
11            (C) issue subpoenas or conduct hearing in aid of
12        any investigation.
13        (2) Bring an action for injunction to halt construction
14    or alteration of any public facility or multi-story housing
15    or to require compliance with the Code standards by any
16    public facility or multi-story housing which has been or is
17    being constructed or altered in violation of this Act and
18    the Code. ;
19        (3) Bring an action for mandamus. injunction to halt
20    construction of any multi-story housing unit or to require
21    compliance with the standards by any multi-story housing
22    unit which has been or is being constructed in violation of
23    this Act; or
24        (4) Bring an action for penalties as follows: other
25    appropriate relief.
26            (A) any owner of a public facility or multi-story



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1        housing in violation of this Act shall be subject to
2        civil penalties in a sum not to exceed $250 per day,
3        and each day the owner is in violation of this Act
4        constitutes a separate offense;
5            (B) any architect or engineer negligently or
6        intentionally stating pursuant to Section 5 of this Act
7        that a plan is in compliance with this Act when such
8        plan is not in compliance shall be subject to a
9        suspension, revocation, or refusal of restoration of
10        his or her certificate of registration or license
11        pursuant to the Illinois Architecture Practice Act of
12        1989, the Professional Engineering Practice Act of
13        1989, and the Structural Engineering Practice Act of
14        1989; and
15            (C) any person issuing a building permit or other
16        official authorization for the construction or
17        alteration of a public facility or the construction of
18        multi-story housing in violation of this Act shall be
19        subject to civil penalties in a sum not to exceed
20        $1,000.
21        (5) Bring an action for any other appropriate relief,
22    including, but not limited to, in lieu of a civil action,
23    the entry of an Assurance of Voluntary Compliance with the
24    individual or entity deemed to have violated this Act.
25    (b) A public facility or multi-story housing continues to
26be in violation of this Act and the Code following construction



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1or alteration so long as the public facility is not compliant
2with this Act and the Code.
3(Source: P.A. 91-357, eff. 7-29-99.)
4    (410 ILCS 25/8)  (from Ch. 111 1/2, par. 3718)
5    Sec. 8. Local Standards. The provisions of this Act and the
6Code adopted under this Act regulations and standards
7promulgated hereunder constitute minimum requirements for all
8governmental units, including home rule units. Any
9governmental unit may enact prescribe more stringent
10requirements to increase and facilitate access to the built
11environment by individuals with disabilities environmentally
12limited persons.
13(Source: P.A. 84-948.)
14    (410 ILCS 25/7 rep.)
15    Section 10. The Environmental Barriers Act is amended by
16repealing Section 7.



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2 Statutes amended in order of appearance
3    410 ILCS 25/2from Ch. 111 1/2, par. 3712
4    410 ILCS 25/3from Ch. 111 1/2, par. 3713
5    410 ILCS 25/4from Ch. 111 1/2, par. 3714
6    410 ILCS 25/5from Ch. 111 1/2, par. 3715
7    410 ILCS 25/6from Ch. 111 1/2, par. 3716
8    410 ILCS 25/8from Ch. 111 1/2, par. 3718
9    410 ILCS 25/7 rep.