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Disabilities Guidebook: Environmental Barriers in Public Facilities and in Multi-Story Housing
| Disabilities Guidebook: Environmental Barriers in Public Facilities and in Multi-Story Housing |
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Last updated: November 2002
(Chapter 2 Section 8 from Guidebook of Laws and Programs for People with Disabilities)
Illinois Environmental Barriers Act (EBA)
What Is It? The Environmental Barriers Act is a state law which requires that certain newly constructed or altered buildings which are intended to be used by the public and newly constructed multi-story apartment buildings must comply with certain accessibility standards. These standards are known as the Illinois Accessibility Code.
What Is Its Purpose? To make sure that all spaces and elements of all applicable buildings and facilities in the State of Illinois, are so designed, constructed, and/or altered so that they are safe and readily accessible to persons with disabilities.
Who Can Benefit? Any person with a disability who needs to enter, visit or use a covered Illinois public facility or multi-story apartment building.
I. Your Legal Rights
The Illinois Accessibility Code
Structures Covered by This Act
The Environmental Barriers Act requires that the following kinds of buildings comply with certain accessibility standards:
- Newly constructed "public facilities," i.e., buildings which are intended to be used by the public; and
- Newly constructed "multi-story housing structures" (apartment buildings).
Also, if substantial alterations are made to these structures, the newly constructed areas must meet the accessibility standards.
The term "public facilities" refers to buildings owned, rented or used by any unit of government, or financed by a government loan. The term also includes buildings held out for use by the public, such as schools, stores, hotels, places of employment, public transportation stations, restaurants, or other places of business.
Multi-story housing structures. The term means buildings of four or more stories containing 10 or more dwelling units that are held out for sale or lease to the public. This includes apartment buildings, condominium apartment buildings, and housing for the elderly.
The Illinois Accessibility Code
The Illinois Accessibility Code (IAC) is a set of rules adopted by the Capital Development Board. The IAC implements the Environmental Barriers Act (EBA). The Code includes design requirements for buildings, including all spaces and elements within the buildings. The purpose of the Code is to make sure that these buildings are designed, constructed, and/or altered so as to be readily accessible to, and usable by, persons with disabilities
The IAC has the force of a building code and is law in the State of Illinois. It is applicable when work involving new construction, alterations, additions, historic preservation, restoration, or reconstruction is done to any building covered by the EBA.
The IAC constitutes minimum requirements for all governmental units in Illinois. Any governmental unit may impose stricter requirements to increase access for persons with disabilities.
Relationship to the ADA
The Americans with Disabilities Act Accessibility Guidelines (ADAAG) are the federal accessibility standards applicable to buildings and facilities covered by the ADA, nation-wide. See the two different sections of this Chapter titled "State and Local Government Services" and "Places of Public Accommodation."
The Illinois Accessibility Code (IAC) is intended to resolve areas of difference between those federal standards and the former Illinois accessibility standards, applicable to buildings and facilities in the State of Illinois covered by the EBA. The drafters of the IAC compared and adopted the stricter of the former State or federal accessible design standards.
A building covered by the EBA must satisfy the IAC, even though the building is also financed by federal funds or covered by the ADA.
Statement of Compliance
The EBA requires a Statement of Compliance by the architect/engineer unless the cost of construction or alteration is less than $50,000. The Statement must certify that the plans and specifications for the building are in compliance with the EBA. The Statement is filed with the County Clerk or with the governmental unit contracting for the work.
Code Requirements for Public Facilities
Accessibility of New Construction
Whenever new construction is undertaken on a public facility, the Illinois Accessibility Code requires that the facility be designed and constructed to be accessible on all floors to environmentally limited persons.
An environmentally limited person is a person with a disability, as defined in the ADA ,who is restricted in the use of public facilities and multi-story housing units.
The Code makes a number of specifications for new construction, as to the following spaces and elements within a facility:
Accessible routes in buildings, including corridors. The Code defines requirements relating to location, width, passing space, headroom, ground and floor surfaces, slope, changes in level, doors, protruding objects, carpet and gratings.
Exits. The Code defines requirements for exits relating to accessible routes, stairs, and areas of rescue assistance.
Parking and Passenger Loading Zones. The Code defines requirements for the minimum number of accessible parking spaces, their location, their dimensions and markings, the dimensions and clearance requirements for passenger loading zones, and signage.
Curb Ramps. The Code defines requirements for location, slope, width, textures, and more.
Ramps. The Code defines requirements for slope and rise, width, landings, handrails, edge protection and more.
Stairs. The Code defines requirements for treads and risers, nosings, and handrails.
Elevators. The Code defines requirements for automatic operation, call buttons, lighting, raised and braille characters, wheelchairs access, emergency communications, handrails, and more.
Entrances. The Code defines requirements for their accessibility, and the number and distribution of accessible entrances.
Drinking Fountains and Water Coolers. The Code defines requirements for height, location, controls, and clearances.
Sinks. The Code defines requirements for height, knee clearance, depth, faucets, and more.
Bathrooms, Showers and Toilets. The Code defines requirements for accessible routes, doors, clear floor space, stalls, grab bars, flush controls, urinals, and mirrors.
Alarms. The Code defines requirements for sound levels and visual signals.
Detectable Warnings. The Code defines requirements for warnings on walking surfaces, doors, stairs, and other areas.
Signage. The Code defines requirements for height and proportion of characters, raised and braille characters and pictograms, mounting location and height, symbols of accessibility, and particular requirements for signage at specified places within a facility.
Public Pay Telephones. The Code defines requirements for their numbers per floor, clear floor space, mounting height, controls, cord length, and text telephone requirements.
Built-in Seating. The Code defines requirements for clear floor space, knee clearances, and height of tables or counters.
The new construction rules specify certain wheelchair rules, including reach ranges, passage width, and turning and maneuvering rules.
The Code imposes stricter requirements for new construction at specific types of facilities. These facilities include: auditorium and assembly areas, automated teller machines (ATM's), dressing and fitting rooms, medical care facilities, libraries, hotels/motels, sales and service counters, teller windows, check-out aisles, museums, recreational facilities, restaurants, train and bus stations, and shopping malls.
Additions and Alterations to Public Facilities
The Code also applies to additions and alterations to a public facility.
An "addition" is defined as any expansion, extension, or increase in the gross floor area of a public facility.
An "alteration" is defined as 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 or restoration, extraordinary repairs, changes to plumbing, walls, and parking lots.
All additions to public facilities are considered new construction and are subject to the above requirements. Additions to a building must provide entry from the existing building at all common levels without having to leave and re-enter the addition from the outside.
No alteration can be made that has the effect of decreasing accessibility or usability of a building or facility, if that decrease causes the alteration to fall below the requirements for new construction at the time of alteration.
When an alteration is made, the element or space being altered must always comply with the applicable requirements for new construction.
Sometimes, other parts of the facility, such as entrances or toilets, also must be altered to comply with the rules for new construction. The number of other parts that must meet construction rules depends on the cost of the alteration, as compared to the estimated cost of reproducing the entire facility. There are different rules depending on whether the alteration is to a public facility and the percentage of alteration costs compared to reproduction costs. If the alteration costs 50% or more of the reproduction cost, then the entire public facility must comply with the applicable requirements for new construction.
For some alterations, certain specific modifications of the new construction requirements are allowed.
Code Requirements for Multi-Story Housing
New Construction of Multi-Story Housing
New construction of multi-story apartment buildings also must comply with IAC rules. The rules specify the way the following must be accessible:
- All common use and public use spaces on all floors (levels);
- Entrance doors to all individual dwelling units;
- Routes from the public sidewalks, public transportation facilities and/or parking to an accessible entrance; and
- A permanent audible and visual emergency warning system in all public use and common use areas, and in adaptable apartment units.
The rules do not require that the all of the individual apartments in the building be accessible. However, at least 20% of the dwelling units must be "adaptable" for use by people with disabilities. These units are called "adaptable dwelling units" (see below).
Adaptable Dwelling Units
Adaptable dwelling units must be designed and constructed so they can be converted to accessible units. This must be able to be done with a minimum of structural changes in order to meet the needs of different types of environmentally limited persons. Costs of conversion for the first person with disabilities must be paid by the owner of the building. Subsequent conversion costs must be paid by the occupant.
The Code specifies rules for "adaptable dwelling units," including rules relating t
- Routes into the unit, and into all rooms and spaces in the unit;
- Maneuvering space at doors;
- Routes to patios, balconies, carports or garages;
- Kitchens, bathrooms, laundry facilities, and personal storage.
Note: New construction of multi-unit housing may also be subject to federal law, which has different accessibility requirements. See the section of this Guidebook titled "Discrimination in the Sale and Rental of Housing (Federal Law)" in Chapter 10, Housing.
Alterations to Multi-Story Housing
Alterations to housing that is owned, financed or guaranteed by a governmental unit is subject to rules stated above for alterations to public facilities. Privately financed alterations to housing are not covered by the Environmental Barriers Act or by the Illinois Administrative Code.
II. How to Protect or Enforce Your Rights
Complaints to the Illinois Attorney General
The Illinois Attorney General is responsible for enforcing the EBA and the IAC. If you think any building covered by the EBA is not accessible in a way that might violate the EBA, you can fill out an Accessibility Complaint Form.
The Attorney General must investigate any complaint or reported violation. If it is necessary to ensure compliance, the Attorney General may bring a lawsuit. Among other things, the lawsuit can be filed in order to obtain an injunction. This is an order that might halt the construction, alteration, or use of a building, or to force the owner to bring the building into compliance.
The lawsuit might also result in certain civil penalties against the violator. In addition, the architects or engineers who approve noncompliant building plans are subject to suspension or revocation of their license.
The Illinois Attorney General may be contacted at:
http://www.ag.state.il.us/
Chicago (312) 815-5684(v)
(800) 964-3013(TTY)
Springfield: (217) 785 5726(v)
(217) 785-2771(TTY)
You may also contact the State's Attorney of the county in which the building or structure is located.
III. Where to Go for More Information
Statutes and Regulations
The Environmental Barriers Act (EBA) can be found at 410 ILCS 25/1.
The Illinois Accessibility Code (IAC) can be found at 71 Ill.Admin.Code Part 400.
A .pdf version of the Illinois Accessibility Code is available from the Capital Development Board.
Note: If you cannot open the file, you may need to download the free Adobe Acrobat Reader.
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