SB2956 EngrossedLRB099 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    "Disability" means a physical or mental impairment that
8substantially limits one or more major life activities; a
9record or history of such an impairment; or regarded as having
10such an impairment.
11    "Dwelling unit" means a single unit of residence which
12provides a kitchen or food preparation area, in addition to
13rooms and spaces for living, bathing, sleeping, and the like.
14Dwelling units are found in such housing types such as
15townhouses and apartment buildings.
16    "Element" means an architectural, or mechanical (including
17electrical and plumbing), or electrical component of a
18building, facility, space, or site, or public right-of-way.
19including but not limited to a telephone, curb ramp, door,
20drinking fountain, seating, or water closet.
21    "Entrance" means any access point to a building or portion
22of a building or facility or multi-story housing unit used for
23the purpose of entering. An entrance includes the approach
24walk, the vertical access leading to the entrance platform, the
25entrance platform itself, vestibules if provided, and the entry
26door or doors or gate or gates.



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



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1    "Multi-story housing unit" means any building of 4 or more
2stories containing 10 or more dwelling units constructed to be
3held out for sale or lease by any person to the public.
4"Multi-story housing" includes, but is not limited to, the
5following building types: apartment buildings, condominium
6buildings, convents, housing for the elderly, and monasteries.
7    "Occupiable" means a room or enclosed space designed for
8human occupancy in which individuals congregate for amusement,
9educational, or similar purposes, or in which occupants are
10engaged at labor, and that is equipped with means of egress,
11light, and ventilation.
12    "Owner" means the person contracting for the construction
13or alteration. That person may be the owner of the real
14property or existing facility or the may be a tenant of the
15real property or existing facility.
16    "Primary function area" means an area of a building or
17facility containing a major activity for which the building or
18facility is intended. There can be multiple areas containing a
19primary function in a single building. Primary function areas
20are not limited to public use areas. Mixed use facilities may
21include numerous primary function areas for each use. Areas
22containing a primary function do not include: mechanical rooms,
23boiler rooms, supply storage rooms, employee lounges or
24employee locker rooms, janitorial closets, entrances,
25corridors, or restrooms. Restrooms are not areas containing a
26primary function unless the provision of restrooms is a primary



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



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



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1building, structure, or site improvement, assuming such site is
2clear. The reproduction cost shall be determined by using the
3recognized standards of an authoritative technical
5    "Site improvements" means landscaping, pedestrian and
6vehicular pathways, steps, ramps, curb ramps, parking lots,
7outdoor lighting, recreational facilities, and the like, added
8to a site.
9    "Space" means a definable area, such as a toilet room,
10corridor, assembly area, entrance, storage room, alcove,
11courtyard, or lobby.
12    "State" means the State of Illinois and any instrumentality
13or agency thereof.
14    "Technically infeasible" means, with respect to an
15alteration of a building or a facility, that a requirement of
16this Act or the Code has little likelihood of being
17accomplished because existing structural conditions would
18require removing or altering a load-bearing member that is an
19essential part of the structural frame; or because other
20existing physical or site constraints prohibit modification or
21addition of elements, spaces, or features that are in full and
22strict compliance with the minimum requirements.
23    "Transient lodging" means a building or facility or portion
24of a building or facility, excluding inpatient medical care
25facilities and owner-occupied buildings of 4 or fewer lodging
26units. "Transient lodging" may include, but is not limited to,



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1resorts, group homes, hotels and motels, including cabins and
2other detached units, and dormitories.
3(Source: P.A. 89-539, eff. 7-19-96.)
4    (410 ILCS 25/4)  (from Ch. 111 1/2, par. 3714)
5    Sec. 4. Illinois Accessibility Code Standards. The Capital
6Development Board shall adopt and publish accessibility
7standards known as the Illinois Accessibility Code. With
8respect to Accessibility standards for public facilities, the
9Code shall dictate minimum design, construction, and
10alteration requirements to facilitate access to and use of the
11public facility by individuals with disabilities
12environmentally limited persons. With respect to Accessibility
13standards for multi-story housing, the Code units shall dictate
14minimum design and construction requirements to facilitate
15access to and use of the common areas by individuals with
16disabilities environmentally limited persons and create a
17number of adaptable dwelling units in accordance with Section
185. With respect to areas within public facilities or
19multi-story housing units which areas are restricted to use by
20the employees of businesses or concerns occupying such
21restricted areas, the Capital Development Board shall
22promulgate standards designed to ensure that such areas will be
23accessible to those environmentally limited persons who can
24reasonably be expected to perform the duties of a job therein.
25    The Code standards shall be adopted and revised in



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1accordance with the Illinois Administrative Procedure Act.
2Beginning on the effective date of this amendatory Act of the
398th General Assembly, the Capital Development Board shall
4begin the process of updating the 1997 Illinois Accessibility
5Code and shall model the updates on the 2010 ADA Standards for
6Accessible Design. By no later than January 1, 2017, the
7Capital Development Board shall adopt and publish the updated
8Illinois Accessibility Code. The updated Illinois
9Accessibility Code may be more stringent than the 2010 ADA
10Standards for Accessible Design and may identify specific
11standards. Beginning on January 1, 2017, if the ADA Standards
12for Accessible Design are updated, then the Capital Development
13Board shall update its accessibility standards, in keeping with
14the ADA Standards for Accessible Design, within 3 2 years after
15the ADA Standards for Accessible Design updates and shall adopt
16and publish an updated Illinois Accessibility Code.
17    The Capital Development Board may issue written
18interpretation of the Code standards adopted under Section 4 of
19this Act. The Capital Development Board shall issue an
20interpretation within 30 calendar days of receipt of a written
21request by certified mail unless a longer period is agreed to
22by the parties. Interpretations issued under this Section are
23project specific and do not constitute precedent for future or
24different circumstances.
25(Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15.)



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1    (410 ILCS 25/5)  (from Ch. 111 1/2, par. 3715)
2    Sec. 5. Scope.
3    (a) New construction. Any new public facility or
4multi-story housing, or portion thereof, the construction of
5which began after May 1, 1988, is subject to the current
6provisions of this Act. The Code adopted by the Capital
7Development Board shall apply as follows The standards adopted
8by the Capital Development Board shall apply to:
9        (1) Public facilities; new construction Facilities;
10    New Construction. Any new public facility or portion
11    thereof, the construction of which is begun after May l,
12    1988 is subject to the provisions of the Code applicable to
13    new construction as the Code existed at the time the
14    construction commenced. the effective date of this Act.
15        (2) Multi-story housing; new construction. Any new
16    multi-story housing, or portion thereof, the construction
17    of which is begun after May 1, 1988, is subject to the
18    provisions of the Code applicable to new construction as
19    the Code existed at the time the construction commenced.
20    Twenty percent of the dwelling units in the multi-story
21    housing shall be adaptable and the adaptable units shall be
22    distributed throughout the multi-story housing to provide
23    a variety of sizes and locations. In addition, all common
24    and public use spaces shall be in compliance with the Code.
25        (3) Any However, any new public facility or multi-story
26    housing (i) for which a specific contract for the planning



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1    has been awarded prior to the effective date of a new
2    version of the Code this Act and (ii) construction of which
3    is begun within 12 months of the effective date of the new
4    version of the Code this Act shall be exempt from
5    compliance with the new version of the Code and may instead
6    comply with the version of the Code as it existed at the
7    time the contract was awarded. standards adopted pursuant
8    to this Act insofar as those standards vary from standards
9    in the Illinois Accessibility Code.
10        (2) Multi-Story Housing Units; New Construction. Any
11    new multi-story housing unit or portion thereof, the
12    construction of which is begun after the effective date of
13    this Act. However, any new multi-story housing unit (i) for
14    which a specific contract for the planning has been awarded
15    prior to the effective date of this Act and (ii)
16    construction of which is begun within 12 months of the
17    effective date of this Act shall be exempt from compliance
18    with the standards adopted pursuant to this Act insofar as
19    those standards vary from standards in the Illinois
20    Accessibility Code. Provided, however, that if the common
21    areas comply with the standards, if 20% of the dwelling
22    units are adaptable and if the adaptable dwelling units
23    include dwelling units of various sizes and locations
24    within the multi-story housing unit, then the entire
25    multi-story housing unit shall be deemed to comply with the
26    standards.



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1        (4) (a-1) Accessibility of structures; new
2    construction. New housing subject to regulation under this
3    Act shall comply be constructed in compliance with all
4    applicable laws and regulations. In and, in the case where
5    the new housing is and the new housing not defined as
6    multi-story for the purposes of this Act, but instead is a
7    building in which 4 or more dwelling units or sleeping
8    units intended to be occupied as a residence are contained
9    within a single structure, the housing shall comply with
10    the technical guidance requirements of the Department of
11    Housing and Urban Development's Fair Housing Accessibility
12    Guidelines published March 6, 1991, and all subsequent
13    versions, amendments, or supplements the Supplement to
14    Notice of Fair Housing Accessibility Guidelines: Questions
15    and Answers about the Guidelines, published June 28, 1994.
16        This subsection (4) (a-1) does not apply within any
17    unit of local government that by ordinance, rule, or
18    regulation prescribes requirements to increase and
19    facilitate access to the built environment by individuals
20    with disabilities environmentally limited persons that are
21    more stringent than those contained in this Act prior to
22    the effective date of this amendatory Act of the 94th
23    General Assembly.
24        (5) This Act, together with the Illinois Accessibility
25    Code, 71 Ill. Adm. Code 400, has the force of a building
26    code and as such is law in the State of Illinois. Any



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1    violation of the Code is deemed a violation of this Act and
2    subject to enforcement pursuant to this Act.
3    (b) Alterations. Any alteration to a public facility shall
4provide accessibility as follows:
5        (1) Alterations Generally. No alteration shall be
6    undertaken that decreases or has the effect of decreasing
7    accessibility or usability of a building or facility below
8    the requirements for new construction at the time of
9    alteration.
10        (2) Applicability. Any alteration of a public facility
11    or multi-story housing shall comply with the Code
12    provisions regarding alterations as such provisions exist
13    at the time such alteration commences. If the alteration
14    costs 15% or less of the reproduction cost of the public
15    facility, the element or space being altered shall comply
16    with the applicable requirements for new construction.
17        (3) Path of travel to primary function area. An
18    alteration that affects or could affect the usability of or
19    access to an area containing a primary function shall be
20    made so as to ensure that, to the maximum extent feasible,
21    the path of travel to the altered area, including the
22    entrance route to the altered area and the rest rooms,
23    telephones, and drinking fountains serving the altered
24    area, are readily accessible to and usable by individuals
25    with disabilities, unless the cost of the alterations to
26    provide an accessible path of travel to the primary



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1    function area exceeds 20% of the cost of the overall
2    alteration, or such alterations are otherwise
3    disproportionate to the overall alterations in terms of
4    cost and scope as set forth in the Code. State Owned Public
5    Facilities. If the alteration is to a public facility owned
6    by the State and the alteration costs more than 15% but
7    less than 50% of the reproduction cost of the public
8    facility, the following shall comply with the applicable
9    requirements for new construction:
10            (i) the element or space being altered,
11            (ii) an entrance and a means of egress intended for
12        use by the general public,
13            (iii) all spaces and elements necessary to provide
14        horizontal and vertical accessible routes between an
15        accessible means entrance and means of egress and the
16        element or space being altered,
17            (iv) at least one accessible toilet room for each
18        sex or a unisex toilet when permitted, if toilets are
19        provided or required,
20            (v) accessible parking spaces, where parking is
21        provided, and
22            (vi) an accessible route from public sidewalks or
23        from accessible parking spaces, if provided, to an
24        accessible entrance.
25        (4) All Other Public Facilities. If the alteration
26    costs more than 15% but less than 50% of the reproduction



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



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1        provided, and
2            (vi) an accessible route from public sidewalks or
3        from the accessible parking spaces, if provided, to an
4        accessible entrance.
5        (6) If the alteration costs 50% or more of the
6    reproduction cost of the public facility, the entire public
7    facility shall comply with the applicable requirements for
8    new construction.
9    (c) Alterations to Specific Categories of Public
10Facilities. For religious entities, private clubs, and
11owner-occupied transient lodging facilities of 5 units,
12compliance with the standards adopted by the Capital
13Development Board is not mandatory if the alteration costs 15%
14or less of the reproduction cost of the public facility.
15However, if the cost of the alteration exceeds $100,000, the
16element or space being altered must comply with applicable
17requirements for new construction. Alterations over 15% of the
18reproduction cost of these public facilities are governed by
19subdivisions (4), (5), and (6) of subsection (b), as
21    (d) Calculation of Reproduction Cost. For the purpose of
22calculating percentages of reproduction cost, the cost of
23alteration shall be construed as the total actual combined cost
24of all alterations made within any period of 30 months.
25    (c) (e) No governmental unit may enter into a new or
26renewal agreement to lease, rent or use, in whole or in part,



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1any building, structure or improved area which does not comply
2with the Code standards. Any governmental unit which, on the
3effective date of this Act, is leasing, renting or using, in
4whole or in part, any building, structure or improved area
5which does not comply with the Code standards shall make all
6reasonable efforts to terminate such lease, rental or use by
7January 1, 1990.
8    (d) (f) No public facility may be constructed or altered
9and no multi-story housing unit may be constructed without the
10statement of an architect registered in the State of Illinois
11that the plans for the work to be performed comply with the
12provisions of this Act and the Code standards promulgated
13hereunder unless the cost of such construction or alteration is
14less than $50,000. In the case of construction or alteration of
15an engineering nature, where the plans are prepared by an
16engineer, the statement may be made by a professional engineer
17registered in the State of Illinois or a structural engineer
18registered in the State of Illinois that the engineering plans
19comply with the provisions of this Act and the Code standards
20promulgated hereunder. The architect's and/or engineer's
21statement shall be filed by the architect or engineer and
22maintained in the office of the governmental unit responsible
23for the issuance of the building permit. In those governmental
24units which do not issue building permits, the statement shall
25be filed and maintained in the office of the county clerk.
26    (e) The requirements found in the Code cannot be waived by



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1any party.
2(Source: P.A. 94-283, eff. 1-1-06.)
3    (410 ILCS 25/6)  (from Ch. 111 1/2, par. 3716)
4    Sec. 6. Civil Enforcement.
5    (a) The Attorney General shall have authority to enforce
6the Code the standards. The Attorney General may shall
7investigate any complaint or reported violation of this Act
8and, where necessary to ensure compliance, may do bring an
9action for any or all of the following:
10        (1) Conduct an investigation to determine if a
11    violation of this Act and the Code exists. This includes
12    the power to: mandamus;
13            (A) require an individual or entity to file a
14        statement or report in writing under oath or otherwise,
15        as to all information the Attorney General may
16        consider;
17            (B) examine under oath any person alleged to have
18        participated in or with knowledge of the violations;
19        and
20            (C) issue subpoenas or conduct hearings in aid of
21        any investigation.
22        (2) Bring an action for injunction to halt construction
23    or alteration of any public facility or multi-story housing
24    or to require compliance with the Code standards by any
25    public facility or multi-story housing which has been or is



SB2956 Engrossed- 22 -LRB099 18105 MJP 42470 b

1    being constructed or altered in violation of this Act and
2    the Code. ;
3        (3) Bring an action for mandamus. injunction to halt
4    construction of any multi-story housing unit or to require
5    compliance with the standards by any multi-story housing
6    unit which has been or is being constructed in violation of
7    this Act; or
8        (4) Bring an action for penalties as follows: other
9    appropriate relief.
10            (A) any owner of a public facility or multi-story
11        housing in violation of this Act shall be subject to
12        civil penalties in a sum not to exceed $250 per day,
13        and each day the owner is in violation of this Act
14        constitutes a separate offense;
15            (B) any architect or engineer negligently or
16        intentionally stating pursuant to Section 5 of this Act
17        that a plan is in compliance with this Act when such
18        plan is not in compliance shall be subject to a
19        suspension, revocation, or refusal of restoration of
20        his or her certificate of registration or license
21        pursuant to the Illinois Architecture Practice Act of
22        1989, the Professional Engineering Practice Act of
23        1989, and the Structural Engineering Practice Act of
24        1989; and
25            (C) any person who knowingly issues a building
26        permit or other official authorization for the



SB2956 Engrossed- 23 -LRB099 18105 MJP 42470 b

1        construction or alteration of a public facility or the
2        construction of multi-story housing in violation of
3        this Act shall be subject to civil penalties in a sum
4        not to exceed $1,000.
5        (5) Bring an action for any other appropriate relief,
6    including, but not limited to, in lieu of a civil action,
7    the entry of an Assurance of Voluntary Compliance with the
8    individual or entity deemed to have violated this Act.
9    (b) A public facility or multi-story housing continues to
10be in violation of this Act and the Code following construction
11or alteration so long as the public facility or multi-story
12housing is not compliant with this Act and the Code.
13(Source: P.A. 91-357, eff. 7-29-99.)
14    (410 ILCS 25/8)  (from Ch. 111 1/2, par. 3718)
15    Sec. 8. Local Standards. The provisions of this Act and the
16Code adopted under this Act regulations and standards
17promulgated hereunder constitute minimum requirements for all
18governmental units, including home rule units. Any
19governmental unit may enact prescribe more stringent
20requirements to increase and facilitate access to the built
21environment by individuals with disabilities environmentally
22limited persons.
23(Source: P.A. 84-948.)
24    (410 ILCS 25/7 rep.)



SB2956 Engrossed- 24 -LRB099 18105 MJP 42470 b

1    Section 10. The Environmental Barriers Act is amended by
2repealing Section 7.



SB2956 Engrossed- 25 -LRB099 18105 MJP 42470 b

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.