Bill Text: IL HB3367 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Environmental Barriers Act to provide that accessibility standards shall not apply to animal containment areas that are not for public use.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3367 Detail]

Download: Illinois-2011-HB3367-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3367 Introduced 2/24/2011, 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 that are not for public use.
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A BILL FOR
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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

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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,
in the case where the new housing and the new housing not
defined as multi-story for the purposes of this Act is a
building in which 4 or more dwelling units or sleeping units
intended to be occupied as a residence are contained within a
single structure, with the technical requirements of the
Department of Housing and Urban Development's Fair Housing
Accessibility Guidelines published March 6, 1991, and the
Supplement to Notice of Fair Housing Accessibility Guidelines:
Questions and Answers about the Guidelines, published June 28,
1994.

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This subsection (a-1) does not apply within any unit of
local government that by ordinance, rule, or regulation
prescribes requirements to increase and facilitate access to
the built environment by environmentally limited persons that
are more stringent than those contained in this Act prior to
the effective date of this amendatory Act of the 94th General
Assembly.
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:

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(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

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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

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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

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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.
(g) Accessibility standards shall not apply to animal
containment areas that are not for public use.
(Source: P.A. 94-283, eff. 1-1-06.)