- Conduct an investigation to determine if a violation of the Environmental Barriers Act and this Code exists. This includes the power to:
- Require an individual or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider;
- Examine under oath any person alleged to have participated in or with knowledge of the violations; and
- Issue subpoenas or conduct hearings in aid of any investigation.
- Bring an action for injunction to halt construction or alteration of any public facility or multi-story housing or to require compliance with this Code by any public facility or multi-story housing which has been or is being constructed or altered in violation of the Environmental Barriers Act and this Code.
- Bring an action for mandamus.
- Bring an action for penalties as follows:
- Any owner of a public facility or multi-story housing in violation of the Environmental Barriers Act shall be subject to civil penalties in a sum not to exceed $250 per day, and each day the owner is in violation of the Environmental Barriers Act constitutes a separate offense;
- Any architect or engineer negligently or intentionally stating pursuant to Section 5 of the Environmental Barriers Act that a plan is in compliance with the Environmental Barriers Act when such plan is not in compliance shall be subject to a suspension, revocation, or refusal of restoration of his or her certificate of registration or license pursuant to the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, and the Structural Engineering Practice Act of 1989; and
- Any person who knowingly issues a building permit or other official authorization for the construction or alteration of a public facility or the construction of multi-story housing in violation of the Environmental Barriers Act shall be subject to civil penalties in a sum not to exceed $1,000.
- Bring an action for any other appropriate relief, including, but not limited to, in lieu of a civil action, the entry of an Assurance of Voluntary Compliance with the individual or entity deemed to have violated the Environmental Barriers Act.
STATEMENT OF COMPLIANCE
I have prepared, or caused to be prepared under my direct supervision, the attached plans and specifications and state that, to the best of my knowledge and belief and to the extent of my contractual obligation, they are in compliance with the Environmental Barriers Act [410 ILCS 25] and the Illinois Accessibility Code (71 Ill. Adm. Code 400).
SEAL ILLINOIS REGISTRATION NO:
ANSI/BHMA A156.10-1999 American National Standard for Power Operated Pedestrian Doors (see 404.3).
ANSI/BHMA A156.19-2002 American National Standard for Power Assist and Low Energy Power Operated Doors (see 404.3, 408.3.2.1, and 409.3.1).
ASME A17.1-2013 Safety Code for Elevators and Escalators (see 407.1, 408.1, 409.1, and 810.9).
ASME A18.1-2011 Safety Standard for Platform Lifts and Stairway Chairlifts (see 410.1).
ASTM F 1292-13 Standard Specification for Impact Attenuation of Surfacing Materials within the Use Zone of Playground Equipment (see 1008.2.6.2).
ASTM F 1487-11 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (see 106.5).
ASTM F 1951-09b Standard Specification for Determination of Accessibility of Surface Systems under and around Playground Equipment (see 1008.2.6.1).
International Building Code, 2015 Edition (see 1005.2.1).
International Building Code, 2006 Edition, or later edition (see Definition of "Applicable Building Code").
"Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (Revised 1992).
Accessible. A site, building, facility, or portion thereof that complies with this Code.
Accessible Route. 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. 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. 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.
Addition. An expansion, extension, or increase in the gross floor area or height of a building or facility.
Administrative Authority. A jurisdictional body that adopts or enforces the applicable building code, or other codes, regulations and/or standards for the design, construction or alteration of buildings and facilities.
Alteration. 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 (as required in 202.3.3). 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.
Amusement Attraction. Any facility, or portion of a facility, located within an amusement park or theme park which provides amusement without the use of an amusement device. Amusement attractions include, but are not limited to, fun houses, barrels, and other attractions without seats.
Amusement Ride. A system that moves persons through a fixed course within a defined area for the purpose of amusement.
Amusement Ride Seat. A seat that is built-in or mechanically fastened to an amusement ride intended to be occupied by one or more passengers.
Architect/Engineer. An architect, professional engineer, or structural engineer as defined by the Illinois Architecture Practice Ac of 1989, the Illinois Professional Engineering Practice Act of 1989, or the Illinois Structural Engineering Licensing Act who has the contract responsibility for the project, who prepares the construction documents from which the building is constructed, and who signs the Statement of Compliance with the Environmental Barriers Act and this Code.
Area of Refuge. An area where persons unable to use stairways can remain temporarily to await instructions or assistance during emergency evacuation.
Area of Sport Activity. That portion of a room or space where the play or practice of a sport occurs.
Assembly Area. A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.
Assistive Listening System (ALS). An amplification system utilizing transmitters, receivers, and coupling devices to bypass the acoustical space between a sound source and a listener by means of induction loop, radio frequency, infrared, or direct-wired equipment.
Boarding Pier. A portion of a pier where a boat is temporarily secured for the purpose of embarking or disembarking.
Boards. Boards include, but are not limited to, wood, plastic, metal, and composite products.
Boat Launch Ramp. A sloped surface designed for launching and retrieving trailered boats and other water craft to and from a body of water.
Boat Slip. That portion of a pier, main pier, finger pier, or float where a boat is moored for the purpose of berthing, embarking, or disembarking.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Building Code, Applicable. The building code adopted by the administrative authority under whose jurisdiction the work involved will be carried out. The work includes construction, additions, alterations, or change of occupancy. If no building code has been adopted by the administrative authority, or if the work is not within a municipal or other administrative authority's jurisdiction, the building code shall be deemed to be the 2006, or a later edition, of the ICC International Building Code.
Built Environment. Those parts of the physical environment which are designed, constructed, or altered by people, including all public facilities and multi-story housing units.
Camp Shelter. A partially enclosed structure that provides campers and hikers cover from weather and that does not contain plumbing fixtures or kitchen appliances. Camp shelters are not transient lodging facilities or residential dwelling units.
Camping Facility. A site or portion of a site developed for outdoor recreational purposes that contains camping units.
Camping Unit. An outdoor space in a camping facility used for camping that contains outdoor constructed features, parking spaces for recreational vehicles or other vehicles, tent pads or tent platforms, or camp shelters.
Catch Pool. A pool or designated section of a pool used as a terminus for water slide flumes.
Characters. Letters, numbers, punctuation marks, and typographic symbols.
Children's Use. Describes spaces and elements specifically designed for use primarily by people 12 years old and younger.
Circulation Path. 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.
Closed-Circuit Telephone. A telephone with a dedicated line such as a house phone, courtesy phone, or phone that must be used to gain entry to a facility.
Code ("this Code", or "the Code"). The Illinois Accessibility Code.
Common Use Areas or Common Areas. 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 are 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.
Cross Slope. The slope that is perpendicular to the direction of travel (see running slope).
Curb Ramp. A ramp that cuts through or is built up to the curb. Curb ramps can be perpendicular or parallel, or a combination of parallel and perpendicular ramps.
Detectable Warning. A standardized surface feature built in or applied to walking surfaces or other elements to warn of hazards on a circulation path.
Disability. A physical or mental impairment that substantially limits one or more major life activities; or a record or history of such an impairment; or regarded as having such an impairment.
Dwelling Unit. A single unit of residence which provides a kitchen or food preparation area, in addition to rooms and spaces for living, bathing, sleeping, and other residential activities. Dwelling units are found in housing types such as townhouses and apartment buildings.
Element. An architectural, mechanical (including plumbing), or electrical component of a building, facility, space, site, or public right-of-way.
Elevated Play Component. A play component that is approached above or below grade and that is part of a composite play structure consisting of two or more play components attached or functionally linked to create an integrated unit providing more than one play activity.
Emergency Warning System. A fire alarm or smoke or heat detector system used to activate audible and visual emergency alarms.
Employee Work Area. All or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, bathing rooms, locker rooms, kitchenettes, and break rooms are not employee work areas.
Entrance. 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, vestibule if provided, the entry door or gate, and the hardware of the entry door or gate.
Environmental Barrier. An element or space of the built environment which limits accessibility to or use of the built environment by individuals with disabilities.
Facility. All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site.
Gangway. A variable-sloped pedestrian walkway that links a fixed structure or land with a floating structure. Gangways that connect to vessels are not addressed by the Code.
Golf Car Passage. A continuous passage upon which a motorized golf car can operate.
Governmental Unit. 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.
Ground Level Play Component. A play component that is approached and exited at the ground level.
Historic Preservation. The act or process of accurately preserving and/or recovering the form and details of a historic building and its setting as it appeared at a particular period of time by means of repair, stabilization, or restoration as defined herein. Historic Preservation also includes "Historic Reconstruction," "Historic Rehabilitation," and "Historic Restoration."
Historic Reconstruction. The act or process of reproducing by new construction the exact form and detail of an original building, structure, object, or part thereof as it appeared at a specific period of time. Historic Reconstruction only applies to reconstruction of buildings which are open to view by the public, are used to demonstrate historic or architectural values, and/or are used for purposes of display of a historic building type, design, technique of construction, or period setting.
Historic Rehabilitation. The act or process of making a compatible use possible for a historic property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
Historic Restoration. The act or process of accurately recovering the form and details of a building or facility and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work.
Historically Interpreted Building. A qualified historic building which is open in whole or part to view by the public and has as its major purpose the display of a historic or architectural artifact created in the past in order to give a sense of cultural orientation and establish values of time and place. Historically interpreted buildings do not necessarily have attendants or formal guided or even self-guided tours.
Horizontal Exit. An exit component consisting of fire-resistance-rated construction and opening protectives intended to compartmentalize portions of a building to create refuge areas that provide safety from fire and smoke from the area of fire origin.
Key Station. Rapid, light rail, and commuter rail stations, as defined under criteria established by the U.S. Department of Transportation in 49 CFR 37.47 and 49 CFR 37.51, respectively.
Low Energy Power-Operated Door. Swinging door that opens automatically upon an action by a pedestrian, such as pressing a push plate or waving a hand in front of a sensor. The door closes automatically, operates with decreased forces, and decreased speeds. See also Power-Assisted Door and Power Operated Door.
Mail Boxes. Receptacles for the receipt of documents, packages, or other deliverable matter. Mail boxes include, but are not limited to, post office boxes and receptacles provided by commercial mail-receiving agencies, apartment facilities, or schools.
Marked Crossing. A crosswalk or other identified path intended for pedestrian use in crossing a vehicular way.
Means of Egress. 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.
Mezzanine. An intermediate level or levels between the floor and ceiling of any story. It has an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.
Multi-Story Housing. Any building of four or more stories containing ten 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.
Occupant Load. The number of persons for which the means of egress of a building or portion of a building is designed.
Operable Part. A component of an element that is used to insert or withdraw objects, or to activate, deactivate, or adjust the element.
Outdoor Constructed Features. Picnic tables, fire rings, grills, fireplaces, wood stoves, trash and recycling receptacles, water hydrants, utility and sewage hookups, outdoor rinsing showers, benches, and viewing scopes provided at outdoor recreation facilities.
Owner. The owner of the real property or existing facility or the tenant of the real property or existing facility.
Picnic Facility. A site or portion of a site developed for outdoor recreational purposes that contains picnic units.
Picnic Unit. An outdoor space in a picnic facility used for picnicking that contains outdoor constructed features.
Pictogram. A pictorial symbol that represents activities, facilities, or concepts.
Play Area. A portion of a site containing play components designed and constructed for children.
Play Component. An element intended to generate specific opportunities for play, socialization, or learning. Play components are manufactured or natural; and are stand-alone or part of a composite play structure.
Power-Assisted Door. Swinging door that opens by reduced pushing or pulling force on the door operating hardware. The door closes automatically after the pushing or pulling force is released and functions with decreased forces. See also Low Energy Power-Operated Door and Power Operated Door.
Power-Operated Door. Swinging, sliding, or folding door which opens automatically when approached by a pedestrian or opens automatically upon an action by a pedestrian. The door closes automatically and includes provisions such as presence sensors to prevent entrapment. See also Low Energy Power-Operated Door and Power-Assisted Door.
Primary Function Area. 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 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.
Privately Owned Building. Any building which is not a public building or facility as defined by the Code.
Public. 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. A public facility includes all of the following: 1. Any building, structure, or site improvement which is: owned by or on behalf of a governmental unit; leased, rented or used, in whole or in part, by a governmental unit; or financed, in whole or in part, by a grant or a loan made or guaranteed by a governmental unit. 2. Any building, structure, or site improvement used or held out for use or intended for use by the public or by employees for one or more of, but not limited to, the following: the purpose of gathering, recreation, transient lodging, education, employment, institutional care, or the purchase, rental, sale or acquisition of any goods, personal property or services; places of public display or collection; social service establishments; and stations used for specified public transportation. 3. A public right-of-way.
Publicly Owned Building. Any building owned by the State of Illinois or any governmental unit.
Public Entrance. An entrance that is not a service entrance or a restricted entrance.
Public Right-of-Way. Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes.
Public Use. Interior or exterior rooms, spaces, or elements that are made available to the public. Public use may be provided at a building or facility that is privately owned or publicly owned. Employee work areas are not considered public use areas.
Public Way. 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 (3050 mm).
Qualified Historic Building (Historic Building). All buildings, parts of buildings, facilities, or sites individually listed in or eligible for listing in the National Register of Historic Places, a "contributing" building or site in a National Register Historic District as determined by the Illinois State Historic Preservation Office (SHPO) or as determined by a "Certified Local Government" designated by the SHPO, a building or site designated or eligible as a historic or architectural landmark by a local Landmarks Commission or local Historic Preservation Commission, and buildings which undergo historic reconstruction.
Ramp. A walking surface that has a running slope steeper than 1:20.
Reconstruction. The act or process of reproducing by new construction the exact form and detail of an original building, structure, object, or part thereof (see Historic Reconstruction).
Residential Dwelling Unit. A unit intended to be used as a residence that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.
Restricted Entrance. An entrance that is made available for common use on a controlled basis and that is not a service entrance. Such entrances shall include, but are not limited to, "employee-only" entrances.
Running Slope. The slope that is parallel to the direction of travel (see cross slope).
Secretary of the Interior's Standards for Rehabilitation. Criteria developed by the National Park Service, of the U.S. Department of the Interior, and used to determine if a historic rehabilitation project qualifies as a certified rehabilitation. The intent of the Standards is to assist the long-term preservation of a property's significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment, as well as attached, adjacent, or related new construction. The Standards are codified in the Code of Federal Regulations (36 CFR 67.7) as published and updated by the Office of the Federal Register.
Self-Service Storage. A building or facility designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.
Service Entrance. An entrance intended primarily for delivery of goods or services.
Site. A parcel of land bounded by a property line or a designated portion of a public right-of-way.
Soft Contained Play Structure. A play structure made up of one or more play components where the user enters a fully enclosed play environment that utilizes pliable materials, such as plastic, netting, or fabric.
Space. A definable area, such as a room, toilet room, hall, assembly area, entrance, storage room, alcove, courtyard, or lobby.
State. The State of Illinois and any instrumentality or agency of it.
Story. That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level.
Structural Change. Changes to or rearrangement of the structural elements, plumbing fixture changes, or changes to or rearrangement of the plan configuration of walls and full height partitions.
Structural Element. A load-carrying component of a structural system of a building, structure, or facility, such as a foundation, wall, column, strut, slab, beam, girder, truss, or arch; or components of a structural frame.
Structural Frame. The columns and the girders, beams, and trusses having direct connections to the columns and all other members that are essential to the stability of the building or facility as a whole.
Structurally Impracticable. Those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features in new construction. (see 203.15)
Tactile. An object that can be perceived using the sense of touch.
Technically Infeasible. With respect to an alteration of a building or a facility, a condition wherein compliance with a requirement of this Code has little likelihood of accomplishment 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.
Temporary. A building or any element of a building which is not permanent and is designed to be used only for a short period of time for some special purpose. Temporary buildings or facilities include, but are not limited to, reviewing stands, temporary classrooms, bleacher areas, stages, platforms and daises, fixed furniture systems, wall systems, and exhibit areas, temporary banking facilities, and temporary health screening facilities. Structures and equipment directly associated with the actual processes of construction are not required to be accessible as permitted in 203.2.
Trail. A pedestrian route developed primarily for outdoor recreational purposes. A pedestrian route developed primarily to connect elements, spaces, or facilities within a site is not a trail.
Trailhead. An outdoor space that is designated by an entity responsible for administering or maintaining a trail to serve as an access point to the trail. The junction of two or more trails or the undeveloped junction of a trail and a road is not a trailhead.
Teeing Ground. In golf, the starting place for the hole to be played.
Transfer Device. Equipment designed to facilitate the transfer of a person from a wheelchair or other mobility aid to and from an amusement ride seat.
Transient Lodging. A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature. Transient lodging does not include residential dwelling units intended to be used as a residence, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities that contain no more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.
Transition Plate. A sloping pedestrian walking surface located at the end(s) of a gangway.
TTY. An abbreviation for teletypewriter. Machinery that employs interactive text-based communication through the transmission of coded signals across the telephone network. TTYs may include, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.
Use Zone. The ground level area beneath and immediately adjacent to a play structure or play equipment that is designated by ASTM F 1487 (incorporated by reference, see "Referenced Standards" in Chapter 1) for unrestricted circulation around the play equipment and where it is predicted that a user would land when falling from or exiting the play equipment.
Vehicular Way. A route provided for vehicular traffic, such as in a street, driveway, or parking facility.
Viewing Area. An outdoor space developed for viewing landscapes, wildlife, or other points of interest.
Walk. An exterior prepared surface for pedestrian use, including pedestrian areas such as plazas and courts.
Wheelchair Space. Space for a single wheelchair and its occupant.
Work Area Equipment. Any machine, instrument, engine, motor, pump, conveyor, or other apparatus used to perform work. As used in this document, this term shall apply only to equipment that is permanently installed or built-in in employee work areas. Work area equipment does not include passenger elevators and other accessible means of vertical transportation.