Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 25/ - Environmental Barriers Act.

(410 ILCS 25/1) (from Ch. 111 1/2, par. 3711)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
Environmental Barriers Act.

(Source: P.A. 84-948.)
 
(410 ILCS 25/2) (from Ch. 111 1/2, par. 3712)
Sec. 2. Statement of findings and purpose. The General Assembly finds that:
Therefore, eliminating environmental barriers is an object of serious
public concern. This Act shall be liberally construed toward that end.

(Source: P.A. 99-582, eff. 1-1-17.)
 
(410 ILCS 25/3) (from Ch. 111 1/2, par. 3713)
Sec. 3. Definitions. As used in this Act and the Illinois Accessibility Code (71 Ill. Adm. Code 400):
"2010 Standards for Accessible Design" means the regulations promulgated by the Department of Justice, 28 CFR Parts 35 and 36, pursuant to the Americans with Disabilities Act of 1990 (ADA).
"Accessibility Code" or "Code" means those
standards, known as the Illinois Accessibility Code, 71 Ill. Adm. Code 400,
adopted by the Capital Development Board pursuant to Section 4 of this Act.
"Accessible" means that a site, building, facility, or portion thereof is compliant with the Code.
"Accessible means of egress" means a continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way.
"Accessible route" means a continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, skywalks, tunnels, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.
"Adaptability" or "adaptable" means the ability of certain building spaces and elements, such as kitchen counters, sinks and grab bars, to be added or altered so as to accommodate the needs of individuals with different types or degrees of disability.
"Adaptable dwelling unit" means a dwelling unit constructed and
equipped so it can be converted with minimal structural change for use by
persons with different types and degrees of disability.
"Alteration" means any modification or renovation that affects or
could affect the usability of the building or facility or part of the
building or facility. "Alteration" includes, but is not limited to,
remodeling, renovation, rehabilitation, reconstruction, historic preservation,
historic reconstruction, historic rehabilitation, historic restoration, changes to or rearrangement of the
structural parts or elements, changes to or replacement of plumbing fixtures or controls, changes to or rearrangement in the plan configuration of walls and full-height partitions, resurfacing of circulation paths or vehicular ways, and changes or improvements to parking lots. The following work is not considered to be an
alteration unless it affects the usability of the building or facility: normal
maintenance, reroofing, painting or wallpapering, or changes to
mechanical and electrical systems.
"Built environment" means those parts of the physical environment
which are designed, constructed or altered by people, including all public
facilities and multi-story housing units.
"Circulation path" means an exterior or interior way of passage provided for pedestrian travel, including, but not limited to, walks, hallways, courtyards, elevators, platform lifts, ramps, stairways, and landings.
"Common use areas" or "common areas" means areas, including interior and exterior rooms, spaces, or elements, which are held out for use by all tenants
and owners in public facilities and multi-story housing, including, but not limited to, residents of an apartment building or condominium complex, occupants of an office building, or the guests of such residents or occupants. "Common use areas" or "common areas" includes, but is not limited to, lobbies, elevators, hallways, laundry rooms, swimming
pools, storage rooms, recreation areas, parking garages, building offices,
conference rooms, patios, restrooms, telephones, drinking fountains,
restaurants, cafeterias, delicatessens and stores.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities; a record or history of such an impairment; or regarded as having such an impairment.
"Dwelling unit" means a single unit
of residence which provides a kitchen or food preparation area, in
addition to rooms and spaces for living, bathing, sleeping, and the like.
Dwelling units are found in housing types such as townhouses and apartment
buildings.
"Element" means an architectural, mechanical (including
plumbing), or electrical component of a building, facility, space, site, or public right-of-way.
"Entrance" means any access point to a building or portion of a building or
facility or multi-story housing used for the purpose of entering. An
entrance includes the approach walk, the vertical access leading to the
entrance platform, the entrance platform itself, vestibules if provided, and
the entry door or doors or gate or gates.
"Environmental barrier" means an element or space of the built environment
which limits accessibility to or use of the built environment by individuals with disabilities.
"Facility" means all or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site.
"Governmental unit" means State agencies as defined in the State Auditing Act, circuit courts, units of local government and their officers, boards of election commissioners, public colleges and universities, and school districts.
"Multi-story housing" means any building of 4 or more stories
containing 10 or more dwelling units constructed to be held out for sale or
lease by any person to the public. "Multi-story housing" includes, but is not limited to, the following building types: apartment buildings, condominium buildings, convents, housing for the elderly, and monasteries.
"Owner" means the owner of the real property or existing facility or the tenant of the real property or existing facility.
"Primary function area" means an area of a building or facility containing a major activity for which the building or facility is intended. There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. Mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or employee locker rooms, janitorial closets, entrances, corridors, or restrooms. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, such as in highway rest stops.
"Public" means any group of people who are users of the building or employees of the building. The term "public" is not intended to include those people who are employed by the
owner of a building for the sole purpose of construction or alteration of a building during the
time in which the building is being constructed or altered.
"Public facility" means:
"Public right-of-way" means public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes.
"Public way" means any street, alley, or other parcel of land open to the outside air leading to a
public street, which has been deeded, dedicated, or otherwise permanently appropriated to the public for public use, and which has a clear width and height of not less than 10 feet (3048 mm).
"State" means the State of Illinois and any instrumentality
or agency thereof.
"Technically infeasible" means, with respect to an alteration of a building or a facility, that a requirement of this Act or the Code has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.

(Source: P.A. 99-582, eff. 1-1-17.)
 
(410 ILCS 25/4) (from Ch. 111 1/2, par. 3714)
Sec. 4. Illinois Accessibility Code. The Capital Development Board shall adopt and
publish accessibility standards known as the Illinois Accessibility Code. With respect to public
facilities, the Code shall dictate minimum design, construction, and alteration
requirements to facilitate access to and use of the public facility by individuals with disabilities
. With respect
to multi-story
housing, the Code shall dictate minimum design and construction requirements to
facilitate access to and use of the common areas by individuals with disabilities and create a number of adaptable dwelling units in accordance with
Section 5.
The Code shall be adopted and revised in accordance
with the Illinois Administrative Procedure Act. Beginning on the effective date of this amendatory Act of the 98th General Assembly, the Capital Development Board shall begin the process of updating the 1997 Illinois Accessibility Code and shall model the updates on the 2010 ADA Standards for Accessible Design. By no later than January 1, 2017, the Capital Development Board shall adopt and
publish the updated Illinois Accessibility Code. The updated Illinois Accessibility Code may be more stringent than the 2010 ADA Standards for Accessible Design and may identify specific standards. Beginning on January 1, 2017, if the ADA Standards for Accessible Design are updated, then the Capital Development Board shall update its accessibility standards, in keeping with the ADA Standards for Accessible Design, within 3 years after the ADA Standards for Accessible Design updates and shall adopt and publish an updated Illinois Accessibility Code.
The Capital Development Board may issue written interpretation of the Code
within 30 calendar days of receipt of a
written request unless a longer period is agreed to by the
parties. Interpretations issued under this Section are project specific and
do not constitute precedent for future or different circumstances.

(Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15; 99-582, eff. 1-1-17.)
 
(410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)
Sec. 5. Scope.
(a) New
construction. Any new public facility or multi-story housing, or portion thereof, the
construction of which began after May 1, 1988, is subject to the current provisions of this Act.
The Code adopted by the Capital Development Board shall apply as follows:
(b) Alterations. Any alteration to a public facility shall
provide accessibility as follows:
(c) 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 Code. Any governmental unit which is leasing, renting or using, in whole or in
part, any building, structure or improved area which does not comply with
the Code shall make all reasonable efforts to terminate such lease,
rental or use.
(d) No public facility may be constructed or altered and no multi-story
housing 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 Code 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 Code 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.
(e) The requirements found in the Code cannot be waived by any party.
(Source: P.A. 99-582, eff. 1-1-17.)
 
(410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
Sec. 6. Enforcement.
(a) The Attorney General shall have
authority to enforce the Code. The Attorney General may investigate
any complaint or reported violation of this Act and, where necessary to
ensure compliance, may do any or all of the following:
(b) A public facility or multi-story housing continues to be in violation of this Act and the
Code following construction or alteration so long as the public facility or multi-story housing is not compliant with this
Act and the Code.
(c) Beginning July 31, 2020 and by July 31 of every year thereafter, the Attorney General shall provide data on the Attorney General's website about annual enforcement efforts performed under this Act. The data shall include, but is not limited to, the following:
 
(410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)
Sec. 7.
(Repealed).


(Source: P.A. 91-91, eff. 1-1-00. Repealed by P.A. 99-582, eff. 1-1-17.)
 
(410 ILCS 25/8) (from Ch. 111 1/2, par. 3718)
Sec. 8. Local standards. The provisions of this Act and the Code adopted under this Act constitute minimum requirements for all
governmental units, including home rule units. Any governmental unit may enact
more stringent requirements to increase and facilitate access to
the built environment by individuals with disabilities.

(Source: P.A. 99-582, eff. 1-1-17.)

Structure Illinois Compiled Statutes