The Illinois Accessibility Code as accepted by the Joint Committee on Administrative Rules and published by the Illinois Capital Development Board, and as may be revised from time to time, is hereby adopted as the Code of the Village of Glen Carbon for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of accessibility systems in the Village of Glen Carbon and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such Illinois Accessibility Code, and as may be revised from time to time by the Capital Development Board in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] and Section 4 of the Environmental Barriers Act, and as published by the Illinois Capital Development Board, shall be kept on file in the Office of the Village Clerk of the Village of Glen Carbon and published on the Village of Glen Carbon’s website is hereby referred to, adopted and made a part hereof as fully set out in this section.
A. Purpose: The Illinois Accessibility Code (Code) implements the Environmental Barriers Act (410 ILCS 25). The Code is intended to establish minimum scoping and technical design requirements to ensure that the built environment in the State of Illinois is designed, constructed, and altered to be accessible to and usable by all, including individuals with disabilities. The Code together with the Environmental Barriers Act (EBA) has the force and effect of law in the State of Illinois. The Illinois Attorney General shall have the authority to enforce the Code in accordance with the EBA.
1. General. The Illinois Accessibility Code contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities.
2. Buildings and Facilities Covered. The Illinois Accessibility Code applies to all public facilities and multi-story housing as defined and governed by the Environmental Barriers Act and located, in whole or in part, within the legal geographic boundaries of the State of Illinois, unless specifically exempted from the Code.
3. Applicability, General. The Code is applicable when work involving new construction, alterations, additions, historic preservation, restoration, or reconstruction in whole or in part begins after the effective date of the Code. The Code becomes enforceable with the signing of a construction contract, issuance of an official authorization or permit for construction, or the start of construction, whichever occurs first.
4. Applicability to Federally Financed Facilities. The fact that a building or facility governed by the Environmental Barriers Act is also a facility financed by federal funds is no bar to the application of the Code.
5. Force of Law. The Code, together with the Environmental Barriers Act and the standards incorporated by reference identified in Section 105 of the Illinois Accessibility Code, has the force of a building code and as such is law in the State of Illinois.
6. Enforcement. The Attorney General shall have the authority to enforce the Code in accordance with Section 6 of the Environmental Barriers Act. The Attorney General may investigate any complaint or reported violation of the Environmental Barriers Act and, where necessary to ensure compliance, may do any of the following:
a. Conduct an investigation to determine if a violation of the Environmental Barriers Act and the Code exists. This includes the power to:
i. 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;
ii. Examine under oath any person alleged to have participated in or with knowledge of the violations; and
iii. Issue subpoenas or conduct hearings in aid of any investigation.
b. Bring an action for injunction to halt construction or alteration of any public facility or multi-story housing or to require compliance with the 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 the Code.
c. Bring an action for mandamus.
d. Bring an action for penalties as follows:
i. Any owner of a public facility or multi-story housing in violation 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;
ii. 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
iii. 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.
e. 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.
8. Continuity of Violation. A public facility or multi-story housing continues to be in violation of the Environmental Barriers Act and the Code following construction or alteration so long as the public facility or multi-story housing is not compliant with the Environmental Barriers Act and the Code.
9. Local Standards. The provisions of the Environmental Barriers Act and this Code constitute minimum requirements for all governmental units, including the Village of Glen Carbon. Pursuant to Section of the, Environmental Barriers Act, the Village of Glen Carbon may enact more stringent requirements to increase and facilitate access to the built environment by individuals with disabilities. A violation of the Environmental Barriers Act shall be a violation of this ordinance and an ordinance violation complaint may be filed by the Village in circuit court or in compliance with the procedures of the administrative adjudication proceedings adopted by the Village.
10. Revisions to Code. The Code may be revised from time to time by the Capital Development Board in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] and Section 4 of the Environmental Barriers Act.
11. Permits/Statement of Compliance. Where permits are required for the construction or alteration of any public facility or multi-story housing unit, the plans and specifications submitted by the owner to obtain such a permit shall be examined for compliance with the Code by the administrative authority which issues the permit for construction.
12. Filing. Section 5(d) of the Environmental Barriers Act requires a Statement of Compliance by the architect/engineer unless the cost of construction or alteration is less than $50,000. For privately owned work it shall be filed with the Village of Glen Carbon.
13. Content and Signature. The Statement of Compliance shall be worded as follows and signed by the architect/engineer:
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 (71 111. Adm. Code 400).
Signed: (Architect/Engineer)
SEAL ILLINOIS REGISTRATION NO:
Date:
14. Alternative to Statement of Compliance. The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act of 1989, Section 12 of the Illinois Structural Engineering Licensing Act and Section 14 of the Illinois Professional Engineering Practice Act may be provided in lieu of the “Statement of Compliance” required in Section 101.9.2.
15. Effect on Removal of Barriers in Existing Facilities. This document does not address barrier removal in existing facilities. Buildings constructed prior to May 1, 1988 were not subject to the Illinois Accessibility Code. For guidance on removal of barriers in existing facilities, see Section 101.2 of the 2010 ADA Standards.
16. Waiver Prohibited. The requirements of the Code cannot be waived by any party.
17. Violation. A violation of the Environmental Barriers Act or this Code shall be a violation of this ordinance. An ordinance violation complaint may be filed by the Village in Circuit Court or in compliance with the procedures of the Administrative Adjudication proceedings adopted by the Village of Glen Carbon. (Ord. 2006-7, 3-28-2006; amd. Ord. 2020-10, 5-12-2020)