State of Illinois
90th General Assembly
Legislation

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90_HB2945

      New Act
          Creates the Basic Access to Housing Act.   Provides  that
      all private single-family spec homes designed and constructed
      for first occupancy after March 13, 1999 must include certain
      basic  access features, including a no-step exterior entrance
      with a 36-inch-wide door, interior doors allowing  32  inches
      of clearance, electrical outlets at least 15 inches above the
      floor,  and  reinforced  bathroom  walls.  Preempts home rule
      powers. Provides that the Department of  Human  Rights  shall
      oversee  the administration of the Act and receive and review
      complaints  alleging  violations  of   the   Act.   Effective
      immediately.
                                                     LRB9011122DJcd
                                               LRB9011122DJcd
 1        AN ACT concerning housing.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Basic Access to Housing Act.
 6        Section 5.  Definition.  In this Act, "spec home" means a
 7    private  single-family  residence constructed by a builder or
 8    individual for sale on the open market and not built  for  an
 9    individual for immediate occupancy.
10        Section  10.  Application  of  Act.   This Act applies to
11    every spec home designed and constructed for first  occupancy
12    after  March  13,  1999.   A  spec home shall be deemed to be
13    designed and constructed for first occupancy after March  13,
14    1999  if  it is first occupied after that date or if the last
15    building permit or renewal of a building permit for the  spec
16    home is issued after September 13, 1998.
17        Section  15.  Basic  access required.  Every spec home to
18    which this Act applies shall include the following features:
19             (1)  The  home  shall  have  at  least  one  no-step
20        exterior entrance with a 36-inch-wide  entrance  door  to
21        allow for wheelchair access into the home.
22             (2)  All  interior  passage  doors in the home shall
23        allow at least 32 inches of clearance in width.
24             (3)  No electrical outlet in the home shall be lower
25        than 15 inches  from the  finished  floor  and  no  light
26        switch  in the home shall be more than 48 inches from the
27        finished floor.  All environmental controls in  the  home
28        shall be in accessible locations.
29             (4)  In  each  bathroom  or  other room containing a
30        toilet, bathtub, shower stall, or shower seat, the  walls
                            -2-                LRB9011122DJcd
 1        adjacent  to  those  fixtures  shall  be  reinforced in a
 2        manner that will allow the  later  installation  of  grab
 3        bars around those fixtures.
 4        Section    20.  Waiver.     A   builder   or   individual
 5    constructing a spec  home  to  which  this  Act  applies  may
 6    request  a  waiver  of  the  requirement that the home have a
 7    no-step exterior entrance if the cost of grading the  terrain
 8    to  provide such an entrance is prohibitively expensive.  The
 9    builder or individual  shall  request  the  waiver  from  the
10    person or entity that is authorized to issue building permits
11    or  otherwise  control  the  construction of buildings in the
12    area in which the spec home is constructed.
13        Section 25.  Home rule powers  preempted.   A  home  rule
14    unit  may  not  regulate  the construction of spec homes in a
15    manner inconsistent with the regulation by the State  of  the
16    construction of spec homes under this Act.  This Section is a
17    limitation  under  subsection (i) of Section 6 of Article VII
18    of the Illinois Constitution on the  concurrent  exercise  by
19    home  rule  units  of  powers  and functions exercised by the
20    State.
21        Section 30.   Administration  of  Act;  complaints.   The
22    Department  of  Human Rights shall oversee the administration
23    of this Act and shall receive and review complaints  alleging
24    violations of this Act.
25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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