Title 71 Ill. Adm. Code — Public Buildings, Facilities and Real Property

Chapter I Capital Development Board

Subchapter a Rules

Part 10 Board Action

71 Ill. Adm. Code 10.105 Definitions

"Board" means the Capital Development Board as created in Section 5 of the Capital Development Board Act [20 ILCS 3105] or, if applicable, its designee.

"Executive Director" means the individual appointed by the Board to serve as the chief executive officer of the Board.

History

• Source: Added at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.110 General Policy

a) The Board shall conduct itself in accordance with the Open Meetings Act [5 ILCS 120] and all decisions of the Board shall be made pursuant to deliberations open to the public except to the extent permitted by Section 2(c) of the Open Meetings Act.

b) It is the policy of the Board to permit public participation at all public meetings of the Board.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.120 Schedule and Notice

a) Regular Meetings. Prior to the beginning of each fiscal year, the Board shall adopt a schedule of all its regular meetings. That schedule shall appear at least once in its minutes. The schedule shall include the dates, times and places of the meetings. This schedule shall be posted at the Board's executive office in Springfield and on its website. A copy of the schedule shall be sent to all parties requesting a copy. Requests should be mailed to: Executive Director, Capital Development Board, 401 South Spring Street, Springfield, Illinois 62706. Requests are valid for one year after the date of receipt.

b) Special Meetings. Upon the request of 2 or more members of the Board, one of whom may be the Chairperson, the Board may hold a special meeting on call of the Chairperson. The request of 2 or more members shall be evidenced in written application to the Chairperson. At least 48 hours written notice of the special meeting shall be given to the members. The written notice shall be promulgated by the Executive Director upon direction of the Chairperson and shall be sent to each member by e-mail transmission.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.130 Quorum

Four members of the Board shall constitute a quorum, and affirmative votes of a majority of those present shall be required for any final determination of the Board. The Chairperson shall have and exercise the same right and power to vote as other members. Neither the absence of the Chairperson or Vice-Chairperson nor any vacancy in the membership shall impair the right of a quorum of the members to exercise all of the rights and powers of, and to perform all of the duties of, the Board.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.140 Vice-Chairperson and Secretary

At the beginning of each fiscal year, the Board shall elect a Vice-Chairperson, who shall act for the Chairperson in the event of his/her absence or disability. If such election does not take place at the beginning of the fiscal year, the incumbent Vice-Chairperson shall serve for the next year. At the beginning of each fiscal year, the Chairperson may designate a member of the Board to act as Secretary of the Board.

History

• Source: Amended at 20 Ill. Reg. 15226, effective November 15, 1996

71 Ill. Adm. Code 10.150 Agenda

The Executive Director shall decide which items are included in the agenda for each meeting. In creating the agenda, the Executive Director shall give priority to items that promote the Capital Development Board's operations and mission.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.160 Rules for Meeting

Meetings of the Board, and actions considered, shall be according to generally accepted principles of parliamentary order.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.170 Board Action

a) All final actions of the Board shall be evidenced by written resolution or memorandum that shall be incorporated into the minutes of the meeting at which the action was taken. All resolutions and memorandums proposed but not adopted shall be incorporated into the minutes of the meeting at which the resolution or memorandum was considered. For purposes of this Section, a memorandum shall be defined as a document or documents that clearly indicate what the Board is being asked to approve. For example, a list of change orders submitted for Board approval shall suffice.

b) Use of resolution format shall be restricted to highly important complex policy issues, when greater formality and permanence in force are desired, or for courtesy purposes. Routine matters such as meeting schedules and requests for approval of contract provisions should be presented in memorandum form. Board approvals that are redundant of matters required by law shall not be in resolution format.

c) Resolutions intended for short duration should contain an automatic repealer.

d) Resolutions may be relegated to historic status as may be appropriate. Courtesy resolutions should be designated as such, and will immediately and automatically be classified as historic.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.180 Minutes

The Chairperson shall designate a recording clerk who shall keep a complete and accurate record of all meetings, including the votes of individual members on all final actions.

History

• Source: Amended at 20 Ill. Reg. 15226, effective November 15, 1996

71 Ill. Adm. Code 10.190 Revision of Rules (repealed)

History

• Source: Repealed at 20 Ill. Reg. 15226, effective November 15, 1996

71 Ill. Adm. Code 10.200 Litigation

a) The Executive Director and the Office of Legal Counsel shall not, without prior authorization of the Board:

1. commence litigation;

2. engage counsel, other than the Illinois Attorney General's Office, for the purpose of appearing on behalf of the Capital Development Board to prosecute any lawsuit;

3. incur any obligation for attorney's fees, witness fees or court costs in connection with any lawsuit in which the Board is the plaintiff;

4. authorize settlement of a pending lawsuit; or

5. file an appeal.

b) Nothing in this Section shall be construed to preclude the Executive Director from referring any lawsuits filed against the Board to the Office of the Attorney General for defense, nor to preclude the Executive Director from approving a Court of Claims stipulation in an action brought to recover the balance of a lapsed contractual obligation.

c) If litigation or an appeal must commence before the next regularly scheduled Board meeting and adequate opportunity was not provided to the Executive Director or the Office of Legal Counsel to obtain Board authorization, the Executive Director or Office of Legal Counsel may file litigation or appeal provided that the Board is given the opportunity to ratify the filing or vote to have the matter withdrawn at the next Board meeting.

History

• Source: Amended at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.210 Public Comment

During the time period designated for public remarks, any person physically present, once recognized by the Chairperson, may make public remarks to the Board. Each person shall have a 5 minute time limit for remarks, unless the Chairperson, or person acting in his or her stead, determines that additional time is necessary and permitted by the meeting schedule.

History

• Source: Added at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.220 Informal Recordings of Board Meetings

Any person may record a Board meeting by tape, film or any other means, provided that the act of recording does not disrupt the meeting. In order to minimize disruption of the meeting, audiotapes, videotapes, and other recordings may be taken from any seat within the audience at the meeting or from the rear of the meeting room. Recordings may not be taken from the side or middle aisles or from the front of the meeting room, as such practices disrupt and disturb the audience, speakers and Board members. Further, the Chairperson, or anyone acting is his or her stead, may ask that a recording be stopped or that recording equipment be relocated in the event that noise from the recording equipment or act of recording interferes with a Board member's or the public's ability to hear any discussion at the meeting.

History

• Source: Added at 43 Ill. Reg. 14084, effective November 20, 2019

71 Ill. Adm. Code 10.230 Board Member Attendance by Means Other Than Physical Presence

a) If a quorum of the members of the Board or any committee of the Board is physically present for a meeting, as required by Section 2.01 of the Illinois Open Meetings Act ("Act"), a majority of the Board or committee of the Board, as the case may be, may allow a physically absent member to attend the meeting by video or audio conference if the member is prevented from physically attending due to any of the reasons listed in Section 7(a) of the Act.

b) A Board member approved for audio or video attendance under this Section may participate in any discussion, vote, or other action of the Board.

c) Any Board member wishing to attend a meeting by means other than physical presence shall notify the Executive Assistant to the Director before the meeting unless advance notice is impractical.

History

• Source: Added at 47 Ill. Reg. 17823, effective November 15, 2023

Part 30 Trust Agreements – Using Educational Agencies

71 Ill. Adm. Code 30.110 Trust Agreements - Using Educational Agencies

a) The term "using educational agencies" means "community colleges" as defined in the Public Community College Act [110 ILCS 805].

b) If the use of a trust is requested by the chief executive officer of any using educational agency and approved by the Executive Director, those monies required to be paid by law by any using educational agency to the Board for that agency's contribution to a construction project may be deposited under a trust agreement with an Illinois bank of the agency's choice. The using educational agency shall receive any interest on the deposited contribution.

c) Pursuant to application by the using educational agency, a trust agreement by the bank and the using educational agency shall contain as a minimum the following provisions:

1. The amount to be deposited subject to the trust;

2. That earnings on the trust corpus be paid by the trustee to the using educational agency not less frequently than quarterly;

3. That the Executive Director or alternate for this purpose designated by the Board, acting in his or her official capacity, is the only person authorized to direct the trustee to make payment out of the trust;

4. That the right of the Executive Director, or alternate for this purpose designated by the Board, to direct payment is restricted in that any funds so directed shall be made payable only to: "The Order of State Treasurer of Illinois, Capital Development Board, Contributory Trust Fund";

5. That the Bank shall pay the funds within 2 working days after receipt of the written directions of the Executive Director or alternate for this purpose designated by the Board, and that any agreement between the bank and the using educational agency shall in no way affect the duty of the bank to pay upon demand;

6. That the bank, as trustee, shall invest in securities of the type utilized to collateralize deposits by the Treasurer of the State of Illinois; invest in time deposits, open accounts, certificates of deposit, or savings accounts; or enter into a repurchase agreement.

A) However, all time deposits, open accounts, certificates of deposit, or savings accounts shall be covered by a pledge of securities of the type utilized to collateralize deposits by the Treasurer of the State of Illinois (see subsection (e)) to cover the difference between the Federal Deposit Insurance Corporation insurance and the total unsecured amount on deposit with the depositor bank of the trustee bank.

B) A safekeeping receipt for those deposits shall be submitted to the using educational agency covering the securities pledged, and a certified statement to the effect that all monies invested have been adequately protected, shall be submitted to the Board by the bank.

C) Should the repurchase agreement cover securities other than those described in subsection (e), those agreements shall also be subject to the pledge of securities provision (see subsection (c)(6)(A)).

d) The using educational agency shall be responsible for obtaining the written consent of the bank trustee. Any costs or service fees shall be borne by the using educational agency.

e) For the purpose of this Part, the term "securities of the type utilized to collateralize deposits by the Treasurer of the State of Illinois" means the classes of acceptable securities for public funds to be used by the State Treasurer (see Section 11(a) of the Deposit of State Moneys Act [15 ILCS 520]).

History

• Source: Amended at 43 Ill. Reg. 14093, effective November 20, 2019

71 Ill. Adm. Code 30.120 Funding of Trust Agreement - Schedule

a) In the event a Board project is to be funded in part or in whole from local resources by use of a trust established under this Part, that trust shall be established prior to the signing of an architect or engineer contract.

b) The trust to be established shall be funded in an amount equal to 40% of each of the fees under the architect or engineer contracts to be signed plus reimbursables under each contract to cover contractual obligations through the design development phase of the project or any part of the project.

c) Approval to proceed beyond the design development stage or to advertise the first bid package of a phased bid project, whichever comes first, shall be preceded by a deposit in the trust of the balance of the local share of the total project cost.

History

• Source: Amended at 43 Ill. Reg. 14093, effective November 20, 2019

Part 40 Standards for Award of Grants: School Construction Program

71 Ill. Adm. Code 40.100 Definitions

The following definitions shall apply to this Part:

"Enrichment Cost" means expenditures not included in the recognized project cost and designated as ineligible expenditures by the Capital Development Board.

"Eligible Expenditures" means those elements of the proposed project that are included in the recognized project cost.

"Local Share" means funds provided by the local district equal to the recognized project cost subtracting the State share.

"Recognized Project Cost" means the total of eligible costs that are funded with State and local funds to provide for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning and installation of capital facilities consisting of buildings, structures, durable equipment and land for educational purposes as determined by the Capital Development Board.

"State Share" means the product of the district grant index and the recognized project cost, as determined by the Capital Development Board.

"Unit Cost" means a dollar/sq.ft. cost used for determining the recognized project cost for new construction projects and additions. Costs include Architect/Engineer (A/E) design fees, building construction to the five feet line, fixed equipment, and contingency.

History

• Source: Amended at 25 Ill. Reg. 14364, effective October 24, 2001

71 Ill. Adm. Code 40.110 General

a) The Capital Development Board (hereinafter "Board") will implement the School Construction Law through its School Construction Program (hereinafter "SCP").

b) The objective of school grants is to fund classrooms and costs necessary for the support of classrooms. Items not fundable with grant funds may be funded with the school district's funds.

c) The Board will make no grant awards prior to compliance by the school district with the Illinois State Board of Education (ISBE) regulations for grant entitlement [105 ILCS 230/5-5].

d) The ISBE will forward the application to the Board to determine if the program statement has been provided and has adequate information to schedule a survey by the Board.

e) Proof of local share will be required by the Board prior to a grant award. A school district failing to have access to the local share of funds within the time period set forth in Section 40.130(c)(8)(H) of this Part shall be reprioritized and must update its application to establish its priority ranking for the following fiscal year.

f) If the school district begins the project in some manner (such as letting bids, awarding contracts, or starting actual construction) after entitlement is issued by the ISBE, such actions shall have no effect on the eligibility for a construction grant.

g) Grant awards will be issued in accordance with ISBE's priority ranking.

h) School districts shall enter into intergovernmental agreements with the Board that may include, but are not limited to, provisions for the following:

1. That funding of the State share in progress payments to school districts for project costs will be made upon submittal of required documentation by the school district.

2. That the school district agrees to comply with all applicable statutes, codes, and rules.

3. That establishment and maintenance of a separate set of accounts is required for the construction, study, and planning of the project in accordance with generally accepted accounting principles (FASB Accounting Standards, Financial Accounting Standards Board, High Ridge Park, Stanford, Connecticut 06905 (1998)).

4. That access to the work, materials, payrolls, and other data and records relevant to the project for purposes of audit and inspection by the Board or other authorized agencies is required.

5. That the architect retained by the school district shall certify on each payment submittal that the expenditures were in accordance with the provisions of the appropriation Act and the terms of the intergovernmental agreement.

6. That increases in project costs added by change order shall not increase the amount of the State share.

7. That if the school district requests the Board to assume administrative or oversight duties, the extent of those duties requested shall be described in the intergovernmental agreement.

8. Other provisions as may be necessary, including those required to ensure a legal and binding agreement.

9. Green Building

A) With respect to those school construction projects for which a school district first applies for a grant on or after July 1, 2007, the school construction project must receive certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System or the Green Building Initiative's Green Globes Green Building Rating System or must meet green building standards of the Capital Development Board and its Green Building Advisory Committee.

B) With respect to those school construction projects for which a school district first applies for a grant on or after July 1, 2009, the school construction project must receive silver certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System. (Section 5-40 of the School Construction Law)

C) An allowance will be given to those districts seeking a green building certification or rating as outlined in the School Construction Law Project Standards.

History

• Source: Amended at 34 Ill. Reg. 19472, effective November 30, 2010

71 Ill. Adm. Code 40.120 Planning Assistance Grants (repealed)

History

• Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998

71 Ill. Adm. Code 40.130 Construction Grants

Prior to the award of a construction grant, school districts shall meet the following requirements:

a) Program Statements

Program statements must be submitted as part of the school district's Application for Construction Grant Entitlement for proposed facilities and sites requiring SCP funding. Program statements must conform to the School Construction Law Project Standards as developed by the Board and must address, but need not be limited to, the following:

1. project description and rationale

2. occupant capacity

3. site analysis

4. project design

5. funding sources and cost estimates

6. time schedule of major events

b) Prohibited Uses

Program statements shall not include any on-going operational costs or any construction projects for which the General Assembly and the Governor have approved specifically designated funds.

c) School Site Selection

1. The local school district shall select the sites for all new projects.

2. Suitability for Development and Construction

A) The site should be free of physical structures, topographical features or subsurface physical conditions that would preclude necessary construction, present insurmountable obstacles to safety or normal utilization, shorten building life, cause excessive delays in project completion, or cause costs to exceed the funds available. "Necessary construction" shall include but not necessarily be limited to: buildings, utility lines, storm water disposal arrangements and paving.

B) The site should not be subject to existing or foreseeable, harmful or disruptive environmental hazards and nuisances. Such hazards and nuisances may include, but are not necessarily limited to: excessive dust, smoke, noise, odors, air pollutants, soil pollutants, floods, ground water incursions, vibrations, explosions, and electrical discharges. Site acquisition shall be subject to the Farmland Preservation Act [505 ILCS 75], Interagency Wetland Policy Act of 1989 [20 ILCS 830], Illinois State Agency Historic Resources Preservation Act [20 ILCS 3410], Archaeological and Paleontological Resources Protection Act [20 ILCS 3435], the Illinois Endangered Species Protection Act [520 ILCS 10], and the Environmental Protection Act [415 ILCS 58.15], as may be applicable.

3. Availability of Site

The school district shall have a period of 150 days from the time of grant award to acquire title to the site, or rights of use and exclusion sufficient to carry out the purposes and programs of the school. Extensions will be granted in those cases in which there is a reasonable expectation that the district will be able to acquire the site within the period of the extension and the delay has been occasioned by a condition beyond the control of the district, such as a delay in acquiring a title commitment.

4. Site Size and Configuration

The proposed site should contain usable space sufficient in size and of regular configuration so as to accommodate the school's on-site program as well as to accommodate ancillary functions that are better served on-site than off-site, such as parking, bus loading and unloading, casual student assembly and play, and pedestrian movement between different points on the site.

5. Utilities and Services

A) Water Supply

Water must be made available at the site in sufficient volume and delivery rates and of appropriate quality to serve the firefighting needs of the proposed school as well as to accommodate other forms of water consumption.

B) Sanitary Sewage Disposal

The location or character of the site must not prevent the disposal of sanitary sewage from the school.

C) Storm Water Disposal

The location or character of the site must not prevent the disposal of storm water from the school.

D) Electric, Power, Telephone, Gas

The site must present no obstacles to the provision of electric power, telephone services, and whatever gas service the school may require at the point in the construction process when utility hook-ups are made.

E) Solid Waste Management Systems

Solid waste management services must be available to the site.

6. Architect/Engineer (A/E) Selection

The selection of an architect/engineer shall be in accordance with the Local Government Professional Services Selection Act [50 ILCS 510].

7. Eligible and Ineligible Expenditures:

A) The Board will participate in the funding of academic facilities, including vocational/technical education facilities, for all programs approved by the ISBE, which are areas with a loading factor greater than zero as determined by the ISBE (see 23 Ill. Adm. Code 151.50(d)).

B) The Board will not participate in funding administrative facilities intended for district administration.

C) The Board will not fund facilities intended for commercial use by profit making organizations. This is not meant to exclude facilities to be operated by non-profit organizations such as student groups, PTAs, etc.

D) Although the Board encourages development of facilities intended for joint use by school and community, the Board's participation in the funding of facilities intended for joint use by school and community is limited to those items required to meet the needs of the school's educational and support programs.

E) The Board will not participate in funding facilities designed exclusively for interscholastic activities.

F) Off-site improvements are defined as any improvements outside of the property line. Off-site improvements are not recognized as eligible project costs except under exceptional circumstances and only in those cases where the off-site improvements are necessary to the functional operation of a school facility. The following specific policies apply to off-site improvements:

i) Off-site improvements that exceed the requirements needed for the project are ineligible project costs. For example, if a larger water main is desired by the locality than is needed for the school project itself, the Board will not participate in any cost attributable to the increased size of the main.

ii) The district must provide documentation (appraisals, bills, etc.) that local and/or federal funding sources are not available to the district or any other public body for off-site improvements before the Board will consider participation in their funding.

iii) The Board's participation in funding off-site improvements is only permitted if the off-site property or interest in the property, such as an easement or leasehold, is owned by a public body.

G) On-site improvements may be defined as any improvements outside the building's five feet line but inside the property line of the site. The Board's participation in funding on-site improvements is limited to those minimum requirements that are necessary to making the site functionally operational. The Board will not fund certain types of site improvements, including but not limited to the following:

i) Driver's education range

ii) Storage facilities

iii) Lawn sprinkling systems

iv) Exterior commons area, such as paved sitting areas, benches, etc.

v) Traffic signals at intersections

vi) Landscaping in excess of seeding costs

vii) Off-site access roads

H) The following types of spaces are not included in determining the square footage used to calculate the recognized project cost:

i) Gymnasium

ii) Cafeteria

iii) Auditorium

iv) Administrative office

v) Other ancillary spaces, including but not limited to:

Field house

Swimming pool

Indoor track

Permanent seating beyond school's student and staff population

Broadcast area

Radio/TV studios for primarily noninstructional uses

Coat room

Green room (auditorium/theater)

Teacher serving area

Meeting room

Exhibition room

District administration space

Bus storage

Bus maintenance space

Guard rooms

Toilet facilities beyond needs of school's students and staff

Before/after school programs space

Concession space

Bookstore

I) Items that are not allowable as eligible associated expenses for physical education outdoor space and facilities include, but are not limited to, the following:

i) Structures housing locker rooms

ii) Toilets and storage facilities

iii) Bleachers

iv) Lighting

v) Concession stands

vi) Broadcast booths

vii) Benches

viii) Scoreboards

ix) Artificial turf, and fencing except for health/life safety

J) Under the following circumstances, the Board will not fund land acquisition costs:

i) Land was owned by school district prior to January 1, 1996.

ii) Land was purchased after January 1, 1996, but not supported by documentation.

iii) Land was donated to the school district.

iv) Land is already owned by the school district and will be the site of an addition to an existing facility.

8. State and Local Financial Participation in School Construction Projects

A) Policy Basis for Determinations

i) The School Construction Law [105 ILCS 230/5-30] states the following prioritization of school district needs for awarding grants:

Replacement or reconstruction of school buildings destroyed or damaged by flood, tornado, fire, earthquake, or other disasters, either man-made or produced by nature;

Projects designed to alleviate a shortage of classrooms due to population growth or to replace aging school buildings;

Projects resulting from interdistrict reorganization of school districts contingent on local referenda;

Replacement or reconstruction of school facilities determined to be severe and continuing health or life safety hazards;

Alterations necessary to provide accessibility for qualified individuals with disabilities; and

Other unique solutions to facility needs.

School districts identify such needs in their applications to ISBE for grant entitlements, and such needs become the basis for entitlement to a grant. Eligible expenditures as determined by CDB are limited to expenditures necessary to meet the project needs that are based on prioritization category of entitlement.

ii) The recognized project cost is the sum total of unit costs ($/sq. ft.) and eligible associated costs.

The maximum square foot allowance per student is commensurate with the national average. Maximum square footage allowances are outlined in subsection (c)(8)(C) of this Section and the School Construction Law Project Standards located on the CDB website at http://www.cdb.state.il.us and the Illinois State Board of Education's website at http://www.isbe.state.il.us. The cost per square foot is also outlined in the Standards and is escalated annually for inflation.

Eligible associated costs are those determined to be necessary to provide the infrastructure for the grant project.

B) Determination of Recognized Project Cost

i) Recognized project cost shall be based upon calculations in accordance with the School Construction Law Project Standards (see also subsection (c)(7)) and shall include unit cost ($/sq.ft.) as follows: buildings constructed to the five feet line, design and construction contingencies, building fixed equipment; plus additional associated costs as deemed appropriate by the Board in consultation with local school districts as follows: site improvements including related A/E fees and reimbursements, land acquisition and associated legal fees for the project site acquired, movable equipment, and utility service lines, both on-site and off-site, and special foundation construction and related A/E fees deemed necessary as a result of unusual sub-surface soil conditions.

Specific Associated Cost Allowances

For each eligible classroom, an allowance of $1,000 will be given when an enhanced security phone call-back system is installed.

The following building related maximum movable equipment allowances are provided:

$5,600/elementary classroom

$6,500/middle/junior high classroom

$7,500/high school classroom

ii) The recognized project costs initially calculated by the Board will establish the maximum acceptable cost of the eligible expenditures. If the bid price received by the district from the various contractors for the eligible expenditures is less than the bid estimate amount included in this initial calculation, then the recognized project cost will be reduced by the amount of the difference.

iii) Unit cost guidelines, established by the Board, are used to determine the recognized project cost. Unit cost guidelines can be found in Appendix A and in the School Construction Law Project Standards located on the CDB and the State Board of Education websites (see also subsection (c)(7)).

C) Project Standards for New Construction and Additions −

General

The Board shall establish detailed project standards including space and capacity standards in the School Construction Law Project Standards (see also subsection (c)(7)). New schools with adequate space for all necessary instructional and ancillary activities require more space per students than additions to existing schools. Different space standards are required to accommodate different grade levels, i.e., Pre-K-6, 7-9, and 9-12. Economies of scale in terms of space per student can be anticipated for larger schools. The following maximum square foot allowances are used in determining the recognized project costs for new construction and additions.

New Schools:

New Elementary School

Gross square footage per student

120

Gross square footage per additional

student beyond 250 students

100

New Middle/Junior High School

Gross square footage per student

140

Gross square footage per additional

student beyond 400 students

120

New High School

Gross square footage per student

160

Gross square footage per additional

student beyond 600 students

130

Classroom Additions:

For classroom additions for 250 or more students, see new school square footage.

For classroom additions for fewer than 250 students:

Elementary School

Gross square footage per student

100

Middle School

Gross square footage per student

120

High School

Gross square footage per student

130

D) Renovation Projects

The recognized project cost for renovation projects is calculated by an estimation of the eligible project costs. Eligible renovation costs are for renovations to existing facilities determined to be functionally over 100 years old (as determined by ISBE) or for renovation projects in existing facilities that provide additional classroom capacity.

E) Unit Costs

Unit costs ($/sq.ft.) used for determining the recognized project cost, including A/E design fees, building construction to the five feet line, fixed equipment, and a contingency shall be established by the Board. Unit cost guidelines can be found in Appendix A and in the School Construction Law Project Standards located on the CDB and the State Board of Education websites (see also subsection (c)(7)). In establishing unit costs the Board shall be guided by current costs within the construction industry and the goal of receiving fair value for public funds expended.

F) Limits on SCP Participation and Site Cost

Districts will not receive grant funding for acreage beyond the following maximums:

Elementary – 5 acres plus 1 acre per 100 students,

Middle/Junior High – 15 acres plus 1 acre per 100 students, and

High School – 20 acres plus 1 acre per 100 students.

G) The State and local share of the recognized project cost shall be computed by multiplying the recognized project cost by the grant index as defined by the School Construction Law and determined by the ISBE. For each grant issued after September 1, 1999, the equalized assessed valuation and average daily attendance used in calculating a district's grant index shall be taken from the district's general State aid claim filed in the fiscal year in which the grant entitlement is made. The average daily attendance to be used shall be the district's best three months' average daily attendance. A grant index shall lapse if a grant is not awarded within 36 months after entitlement, and a new grant index shall be issued based upon the district's most recent general State aid claim.

H) School districts must have access to the local share of the recognized project cost before a grant award will be given. Proof (referendum, resolution, etc.) of the local share will be required by the Board.

I) The local share of the recognized project cost may be placed in a local trust account pursuant to 71 Ill. Adm. Code 30.

J) School districts may add to a project cost beyond the recognized project cost with local funds. Funds for such project supplements may be deposited in local trust accounts.

K) All enrichment project costs that are not included in the recognized project cost and designated as ineligible expenditures by the Board will be paid by the school district.

History

• Source: Amended at 34 Ill. Reg. 19472, effective November 30, 2010

71 Ill. Adm. Code 40.140 Debt Service Grants (repealed)

History

• Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998

71 Ill. Adm. Code 40.APPENDIX A Unit Cost Guidelines (2010-2017)

Unit Cost Guidelines (2010 – 2017)

Bid Month

Elementary

Middle / Jr. High

High School

and Year

January 2010

$140.59

$153.99

$154.96

February 2010

$140.95

$154.38

$155.35

March 2010

$141.30

$154.76

$155.73

April 2010

$141.65

$155.15

$156.12

May 2010

$142.01

$155.54

$156.51

June 2010

$142.36

$155.93

$156.90

July 2010

$142.72

$156.32

$157.30

August 2010

$143.07

$156.71

$157.69

September 2010

$143.43

$157.10

$158.08

October 2010

$143.79

$157.49

$158.48

November 2010

$144.15

$157.89

$158.88

December 2010

$144.51

$158.28

$159.27

January 2011

$144.87

$158.68

$159.67

February 2011

$145.23

$159.07

$160.07

March 2011

$145.60

$159.47

$160.47

April 2011

$145.96

$159.87

$160.87

May 2011

$146.32

$160.27

$161.27

June 2011

$146.69

$160.67

$161.68

July 2011

$147.06

$161.07

$162.08

August 2011

$147.43

$161.48

$162.49

September 2011

$147.79

$161.88

$162.89

October 2011

$148.16

$162.28

$163.30

November 2011

$148.53

$162.69

$163.71

December 2011

$148.90

$163.10

$164.12

January 2012

$149.28

$163.50

$164.53

February 2012

$149.65

$163.91

$164.94

March 2012

$150.02

$164.32

$165.35

April 2012

$150.40

$164.73

$165.76

May 2012

$150.78

$165.15

$166.18

June 2012

$151.15

$165.56

$166.59

July 2012

$151.53

$165.97

$167.01

August 2012

$151.91

$166.39

$167.43

September 2012

$152.29

$166.80

$167.85

October 2012

$152.67

$167.22

$168.27

November 2012

$153.05

$167.64

$168.69

December 2012

$153.43

$168.06

$169.11

January 2013

$153.82

$168.48

$169.53

February 2013

$154.20

$168.90

$169.96

March 2013

$154.59

$169.32

$170.38

April 2013

$154.97

$169.74

$170.81

May 2013

$155.36

$170.17

$171.23

June 2013

$155.75

$170.59

$171.66

July 2013

$156.14

$171.02

$172.09

August 2013

$156.53

$171.45

$172.52

September 2013

$156.92

$171.88

$172.95

October 2013

$157.31

$172.31

$173.38

November 2013

$157.71

$172.74

$173.82

December 2013

$158.10

$173.17

$174.25

January 2014

$158.50

$173.60

$174.69

February 2014

$158.89

$174.04

$175.12

March 2014

$159.29

$174.47

$175.56

April 2014

$159.69

$174.91

$176.00

May 2014

$160.09

$175.34

$176.44

June 2014

$160.49

$175.78

$176.88

July 2014

$160.89

$176.22

$177.32

August 2014

$161.29

$176.66

$177.77

September 2014

$161.69

$177.10

$178.21

October 2014

$162.10

$177.55

$178.66

November 2014

$162.50

$177.99

$179.10

December 2014

$162.91

$178.44

$179.55

January 2015

$163.32

$178.88

$180.00

February 2015

$163.73

$179.33

$180.45

March 2015

$164.13

$179.78

$180.90

April 2015

$164.54

$180.23

$181.35

May 2015

$164.96

$180.68

$181.81

June 2015

$165.37

$181.13

$182.26

July 2015

$165.78

$181.58

$182.72

August 2015

$166.20

$182.04

$183.18

September 2015

$166.61

$182.49

$183.63

October 2015

$167.03

$182.95

$184.09

November 2015

$167.45

$183.40

$184.55

December 2015

$167.86

$183.86

$185.01

January 2016

$168.28

$184.32

$185.48

February 2016

$168.71

$184.78

$185.94

March 2016

$169.13

$185.25

$186.41

April 2016

$169.55

$185.71

$186.87

May 2016

$169.97

$186.17

$187.34

June 2016

$170.40

$186.64

$187.81

July 2016

$170.82

$187.10

$188.28

August 2016

$171.25

$187.57

$188.75

September 2016

$171.68

$188.04

$189.22

October 2016

$172.11

$188.51

$189.69

November 2016

$172.54

$188.98

$190.17

December 2016

$172.97

$189.46

$190.64

January 2017

$173.40

$189.93

$191.12

February 2017

$173.84

$190.40

$191.60

March 2017

$174.27

$190.88

$192.07

April 2017

$174.71

$191.36

$192.55

May 2017

$175.14

$191.84

$193.04

June 2017

$175.58

$192.32

$193.52

July 2017

$176.02

$192.80

$194.00

August 2017

$176.46

$193.28

$194.49

September 2017

$176.90

$193.76

$194.97

October 2017

$177.34

$194.25

$195.46

November 2017

$177.79

$194.73

$195.95

December 2017

$178.23

$195.22

$196.44

History

• Source: Added at 34 Ill. Reg. 19472, effective November 30, 2010

Part 42 Community Health Center Construction

71 Ill. Adm. Code 42.100 Definitions

"Act" means the Community Health Center Construction Act [30 ILCS 766/10].

"Acquire a new physical location" means the purchase of real property for the purpose of delivering primary health care services. (Section 10-20(2) of the Act)

"Board" means the Capital Development Board. (Section 10-5 of the Act)

"Community health center site" means a new or existing physical site where a community health center will provide primary health care services either to a medically underserved population or area or to the uninsured population of this State. (Section 10-5 of the Act)

"Community provider" or "Community Health Center" means a Federally Qualified Health Center or FQHC Look-Alike (community health center or health center), designated as such by the Secretary of the United States Department of Health and Human Services, that operates at least one federally designated primary health care delivery site in the State of Illinois. (Section 10-5 of the Act)

"Department" means the Illinois Department of Public Health. (Section 10-5 of the Act)

"Equipment" means movable equipment, including all items of initial equipment, other than built-in equipment, that is necessary and appropriate for the functioning of a community health center site that is purchased, renovated, or constructed with grant funds, and that will be used solely or primarily in the rooms or areas covered in the subject project. Further, equipment is defined as manufactured items that have significant useful lives of at least 12 years, are not affixed to a building and capable of being moved or relocated from room to room or building to building, are not consumed in use, and have an identity and function that will not be lost through incorporation into a more complex unit. Equipment includes the following when meeting the above requirements:

Office/medical machinery or implements and furniture

Scientific and medical instruments and apparatus with the exception of those items that are subject to a short useful life, i.e., glassware, tubing, crockery, light bulbs, etc.

Transportation costs and installation costs incurred from an outside source will be considered as part of the equipment cost.

Computer hardware

Equipment does not include:

Commodities;

Library books, maps, and paintings;

Rolling stock, including cars, trucks, boats, and related items; and

Spare and replacement parts.

"Federally Qualified Health Center" or "FQHC" means a health center funded under Section 330 of the federal Public Health Service Act (42 U.S.C. 254b).

"FQHC Look-Alike" means an organization that meets the requirements for receiving a grant under Section 330 of the federal Public Health Service Act, but does not receive federal grants under that authority.

"Grant" refers to funds awarded to a Community Health Center under the Act for the purpose of purchasing equipment; acquiring a new physical location for the purpose of delivering primary health care services; and/or constructing or renovating new or existing community health center sites. (Section 10-20 of the Act)

"Grantee" refers to a community health center that is the recipient of a capital grant under the Act.

"Medically underserved area" or "MUA" means an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services. (Section 10-5 of the Act)

"Medically underserved population" or "MUP" means the population of an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services or a population group designated by the Secretary as having a shortage of those services. (Section 10-5 of the Act)

"Notice of Funding Opportunity" means the Board's formally issued announcement of the availability of State funding for the Community Health Center Construction Grant program.

"Primary health care services" means the following:

Basic health services consisting of the following:

Health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and, if appropriate, physician assistants, nurse practitioners, and nurse midwives.

Diagnostic laboratory and radiologic services.

Preventive health services, including the following:

Prenatal and perinatal services.

Screenings for breast, ovarian, and cervical cancer.

Well-child services.

Immunizations against vaccine-preventable diseases.

Screenings for elevated blood lead levels, communicable diseases, and cholesterol.

Pediatric eye, ear, and dental screenings to determine the need for vision and hearing correction and dental care.

Voluntary family planning services.

Preventive dental services.

Emergency medical services.

Pharmaceutical services as appropriate for particular health centers.

Referrals to providers of medical services and other health related services (including substance abuse and mental health services).

Patient case management services (including counseling, referral, and follow-up services) and other services designed to assist health center patients in establishing eligibility for and gaining access to federal, State, and local programs that provide or financially support the provision of medical, social, educational, or other related services.

Services that enable individuals to use the services of the health center (including outreach and transportation services and, if a substantial number of the individuals in the population are of limited English‑speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of those individuals).

Education of patients and the general population served by the health center regarding the availability and proper use of health services.

Additional health services consisting of services that are appropriate to meet the health needs of the population served by the health center involved and that may include the following:

Environmental health services, including the following:

Detection and alleviation of unhealthful conditions associated with water supply.

Sewage treatment.

Solid waste disposal.

Detection and alleviation of rodent and parasite infestation.

Field sanitation.

Housing.

Other environmental factors related to health.

Special occupation-related health services for migratory and seasonal agricultural workers, including the following:

Screening for and control of infectious diseases, including parasitic diseases.

Injury prevention programs, which may include prevention of exposure to unsafe levels of agricultural chemicals, including pesticides. (Section 10-5 of the Act)

"Project" means a capital plan to:

acquire a new physical location, which may include necessary construction, renovations and/or real property or equipment purchases, to establish a new community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or

renovate existing community health center sites; purchase equipment to expand the services of an existing community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or prevent or reverse the deterioration of existing health center structures or mechanical operations to prevent life, health or safety concerns for health center staff and patients.

"Rural" means any geographic area not located in a U.S. Bureau of the Census Metropolitan Statistical Area, a county located within a Metropolitan Statistical Area but having a population of 60,000 or less, or a community located within a Metropolitan Statistical Area but having a population of 2,500 or less.

"Service area" is the geographic area composed of the medically underserved area or medically underserved population.

"Uninsured population" means persons who do not own private health care insurance, are not part of a group insurance plan, and are not eligible for any State or federal government-sponsored health care program. (Section 10-5 of the Act)

"Urban" means any geographic area not designated as a rural area.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.110 Incorporated and Referenced Materials

a) The following Illinois statutes and administrative rules are referenced in this Part:

1. Community Health Center Construction Act [30 ILCS 766/10-1]

2. Grant Accountability and Transparency Act (GATA) [30 ILCS 708]

3. Grant Accountability and Transparency Act Administrative Rules (GATA Rules) (44 Ill. Adm. Code 7000)

4. Illinois Grant Funds Recovery Act [30 ILCS 705]

b) The following federal statute and rule are referenced in this Part:

1. Public Health Service Act (42 U.S.C. 254b)

2. Grants for Community Health Services (42 CFR 51c)

c) The following federal regulation is incorporated in this Part:

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 (November 12, 2020)), except as otherwise provided in 44 Ill. Adm. Code 7000.40(c)(1)(A) and unless an exception has been granted and documented in the Governor's Office or Management and Budget Catalog of State Financial Assistance. The terminology equivalencies listed at 44 Ill. Adm. Code 7000.200(b)(1) shall be used for grants under this Part.

d) All incorporations by reference of federal regulations refer to materials on the date specified and do not include any subsequent amendments or editions.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.200 Grants

a) The Board shall establish a Community Health Center Construction Grant Program and may make grants to eligible community providers subject to appropriations for that purpose. The grants shall be for the purpose of:

1. Purchasing equipment;

2. Acquiring a new physical location for the purpose of delivering health care services; or

3. Constructing or renovating new or existing community health center sites.

b) A recipient of a grant to establish a new community health center site must add each such site to the recipient's established service area for the purpose of extending federal FQHC or FQHC Look-Alike status to the new site in accordance with federal regulations (see 42 CFR 51c). (Section 10-10 of the Act) Failure to comply with this Part or any other State law or regulation may result in the recovery of grant funds as described in the Illinois Grant Funds Recovery Act.

c) The Board will provide the Notice of Funding Opportunity in the Catalog of State Financial Assistance for the State of Illinois. The notice shall include a deadline for receiving applications and details of the application process. The Board will accept applications for a minimum of 60 calendar days, although a longer period may be specified in the Notice of Funding Opportunity.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.210 Eligibility for Grant

a) Applicants shall meet the following requirements:

1. Be a community provider as defined in Section 10-5 of the Act (Section 10-15 of the Act);

2. Serve, in whole or in part, a designated MUA or MUP;

3. Provide primary health care services, and

4. Be "qualified" in accordance with GATA and the GATA Rules, 44 Ill. Adm. Code 7000.70.

b) Applicants may apply for up to $3,000,000 in grant funding per application.

c) Applicants may only submit one application for funding per funding opportunity.

d) Letter of Intent

At least 30 calendar days prior to the application submission deadline, the applicant shall send a letter of intent to apply for grant funds to the Department and the Board by email as outlined in the Notice of Funding Opportunity that includes the following:

1. The proposed grant project description, location and applicant.

2. The proposed users of the primary health care services and service area, including identification of any MUA or MUP designations.

3. The issues that create a high need for primary health care services, including any significant or unique barriers to care.

4. Other providers of care in the service area, including any other FQHCs that receive funding under Section 330 of the federal Public Health Service Act or FQHC Look-Alikes.

5. All primary health care services that will be provided, including mental health, substance abuse and oral health care services, as well as the mechanism for providing each service (e.g., direct service, referral).

6. Project stage of development and the ability of the applicant to meet the requirements of this Part for program compliance.

7. Readiness to receive funding, including the ability of the facility and providers at the new access point or expanded facility to be operational upon completion of the capital portion of the project.

e) Notification Process

Upon sending the Letter of Intent, the prospective applicant shall send a copy of the "Notification of Application for State Funding of Community Health Center Construction" to other FQHCs and FQHC Look-Alikes in the service area. The application packet submitted to the Board shall include a copy of the completed notification form, as well as the names and addresses of individuals to whom the forms were sent, the organizations that the individuals represent, and the date of the notification.

f) Application

The application shall include, but not be limited to:

1. A summary of the applicant's plan of action to address the goals of either:

A) Establishing a new community health center site to provide primary health care services to MUP or MUA or to provide primary health care services to the uninsured population of Illinois; or

B) Expanding the services of an existing community health center site to provide primary health care services to MUP or MUA or primary health care services to the uninsured population of Illinois; or

C) Preventing or reversing the deterioration of an existing health center structure or its mechanical operations to prevent life, health or safety concerns for health center staff and patients.

2. A project description that shall include the following information:

A) Proposed service area and applicant description;

B) Statement of need for the project;

C) Project objectives;

D) Plan of operation;

E) Project timeline; and

F) Detailed line-item budget.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.220 Program Requirements

Projects shall be for the purpose of:

a) Acquiring a new physical location, which may include necessary construction, renovation and/or real property or equipment purchases, to establish a new community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois; or

b) Renovating existing sites or purchasing equipment to expand the services of an existing community health center site to provide primary health care services to medically underserved populations or areas or to provide primary health care services to the uninsured population of Illinois, or to prevent or reverse the deterioration of existing community health center site structures or mechanical operations to address life, health or safety concerns for health center staff and patients. (Section 10-10 of the Act)

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.230 Use of Grant Funds

a) A recipient of a grant under the Act and this Part may use the grant moneys to do any one or more of the following:

1. Purchase equipment.

2. Acquire a new physical location for the purpose of delivering primary health care services.

3. Construct or renovate new or existing community health center sites. (Section 10-20 of the Act)

b) Grant funds shall not be used for the following:

1. To offset existing debt;

2. To supplant existing funds that support a service, program or activity for which grant support is requested;

3. To fund expenses associated with the operations of the community health center; or

4. To make leasehold improvements, unless the property owner and Grantee commit to continued use by Grantee of any space improved with Grant Funds for no less than 12 years from the date of project completion.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.240 Application Evaluation Process

Applications will be reviewed to ensure that the applicants meet all eligibility requirements of Section 42.210. Those applications that are determined to be ineligible will be returned to the applicant and will not be reviewed further. Applications meeting all eligibility requirements of Section 42.210 will be forwarded to a review committee for scoring.

a) The review committee will consist of individuals who have worked with uninsured populations or MUA or MUP and, when possible, have prior grant review experience and who represent different geographic areas in the State.

b) The review committee will review the grant applications based upon the following:

1. Documented need for the project.

2. Demonstration that the project will result in increased access to primary healthcare services for the new and existing service area residents.

3. Ability to successfully complete project objectives described in the grant application.

4. Ability to implement and sustain the community health center's new operations upon completion of the capital project.

c) In scoring applications, preference will be given to applicants who:

1. Demonstrate the project will result in increased access to health care for new service area residents.

2. Have never received grant funds under this program.

d) Upon completion of scoring by the review committee, applications will be reviewed by the Board for scoring of the project based on:

1. the appropriateness of budget;

2. the applicant's ability to obtain any necessary balance of funds for projects totaling more than the allowable grant amount, if applicable; and

3. the timeline for the completion of the project, including the readiness of the project to begin once the funds are awarded.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.250 Grant Award Process

a) Grants will be awarded by the Board based on the combined scores of the review committee and the Board.

b) Grants will be awarded based on the availability of funding within a given application period.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.260 Reporting

a) Within 60 days after the first year of a grant under this Act, the grant recipient must submit a progress report to the Department and the Board. The Department may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal submitted by the recipient and may assist the grant recipient in ensuring that grant moneys are being used for appropriate purposes, and that residents of the community are being served by the new community health center sites established with grant moneys. (Section 10-25 of the Act)

b) The grant recipient must submit performance and financial progress reports to the Board as outlined in the grant agreement. Deadlines may be extended at the discretion of the Board only in extraordinary circumstances outside the control of the grant recipient.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

71 Ill. Adm. Code 42.270 Payment Schedules

Grant funds will be disbursed at the completion of construction milestones as outlined in the grant agreement.

History

• Source: Amended at 48 Ill. Reg. 3732, effective February 29, 2024

Part 43 Early Childhood Construction Grant Rules

71 Ill. Adm. Code 43.100 Definitions

As used in this Part, the following terms shall be defined as follows:

"Act" means Section 5-300 of the School Construction Law [105 ILCS 230].

"Board" means the Capital Development Board.

"Early Childhood Center" means a facility, which does not include a private residence, where a public school district or not-for-profit entity provides educational, health, social and/or child development services to young children, ages 0 to 5 years old, and their families.

"Early Childhood Construction Grant" or "Grant" means the Early Childhood Construction Grant created by the Act.

"Early Childhood Construction Project" or "Project" means a project, other than a school construction project, school maintenance project, or school energy efficiency project as defined in the School Construction Law, that provides for the acquisition, construction, expansion or renovation of an early childhood center that is owned or will be owned by the grant recipient. A Project may include, as part of the overall capital project, equipping the facility. Other equipment purchases are also allowed provided that the equipment has a significant useful life and otherwise complies with the requirements of this Part. Projects may not include any ongoing operational costs.

"Equipment" means movable equipment, including all items of equipment, other than built-in equipment, necessary and appropriate for the functioning of a facility that is purchased, renovated, or constructed with grant funds, and that will be used solely or primarily for purposes related to the mission of an early childhood center. Further, equipment is defined as durable manufactured items that have a significant useful life of at least 12 years, that are not affixed to a building and are capable of being moved or relocated from room to room or building to building, that are not consumed in use, and that have an identity and function that will not be lost through incorporation into a more complex unit.

Equipment includes:

office/household equipment and furniture;

machinery, implements and major tools;

scientific instruments and apparatus with the exception of those items that are subject to a short useful life (e.g., glassware, tubing, crockery, and light bulbs); and

Transportation costs and installation costs incurred from an outside source.

Equipment does not include:

commodities;

library books, maps, and paintings;

livestock, for any use;

rolling stock (e.g., cars, trucks, boats, related items); or

spare and replacement parts.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

"GATA Rules" means 44 Ill. Adm. Code 7000.

"Not-for-Profit Corporation" means an organization:

incorporated under state laws and in good standing with the Illinois Secretary of State; and

operating for educational, charitable, social, religious, civic or humanitarian purposes.

"Not-for-Profit Entity" means a not-for-profit corporation or unit of local government (e.g., community college district, park district).

"Notice of Funding Opportunity" means the Board's formally issued announcement of the availability of State funding for the Early Childhood Construction Grant program.

"Public School District" means a public school district recognized as such by the Illinois State Board of Education pursuant to Sections 2-3.25 of the School Code, which includes other public entities responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, and the Department of Human Services. [105 ILCS 5/2-3.25a] "Public school district" includes a Type 40 area vocational center or special education cooperative that is jointly owned, if the joint agreement includes language that specifies how the debt obligation is to be paid, including in the event that an entity withdraws from the joint agreement.

"Underserved Children" means children from marginalized communities and populations aged 0 to 5 years old who exceed the number of enrollment slots designated for their age groups at early childhood centers in the area served by those centers.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.110 Eligible Applicants

a) Eligible applicants for Early Childhood Construction Grants include any public school district or not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families.

b) A not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families that rents or leases from another not-for-profit entity shall be considered an eligible entity. When a not-for-profit entity rents or leases from another not-for-profit, the not-for-profit owner of the facility to be improved with grant funds may be required to be a guarantor for the not-for-profit entity operating the early childhood center. When required, the owner, as guarantor, must agree to repay any grant funds required to be returned to CDB when the not-for-profit entity operating the early childhood center fails make the repayment. CDB may require the owner of the facility to be a guarantor when the award amount is greater than $200,000.

c) An early childhood center operated by a not-for-profit entity must be licensed as a day care center in accordance with the Department of Children and Family Services' rules (89 Ill. Adm. Code 407, Licensing Standards for Day Care Centers).

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.120 Early Childhood Construction Project Grants Eligibility Requirements

Eligible applicants must meet the following criteria:

a) Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules (see 44 Ill. Adm. Code 7000.300) with the Board that outlines the roles, responsibilities and obligations of each party;

b) Applicants must be "qualified" to be an awardee on the GATA implementation website for the State of Illinois as required by GATA Rules (see 44 Ill. Adm. Code 7000.70);

c) Applicants must demonstrate that they have funding, or demonstrate and certify that they will have funding for any required match, plus any project costs that will exceed the grant amount and required match;

d) Applicants must demonstrate that the early childhood center for which the grant is sought addresses the needs of underserved populations of young children in the community and any additional priorities identified in the Notice of Funding Opportunity;

e) Applicants must provide a narrative describing the proposed project, including the following components:

1. General project description;

2. A description of the new or expanded services/programs to be offered as a result of the project, the estimated number of children to be served by each, and the estimated date/year of completion;

3. Evaluation of the proposed project site;

4. Funding sources and cost estimates for the project;

5. The design and construction schedule for the project; and

6. An assurance that the applicant meets or will meet applicable licensing and/or accreditation standards by the completion of the capital project;

f) Applicants must provide a description of the population to be served. The description shall include:

1. How the eligible population is identified;

2. How the eligible population will be recruited;

3. The geographic area to be served;

4. The estimated number of children and/or families to be enrolled using data provided by the State;

5. Population of children to be served in new or expanded programs, as applicable, including the ages and percentage of underserved children; and

6. Staff to child ratios for new/expanded programs and, if applicable, proposed changes to current staff to child ratios; and

g) Applicants must provide any other documentation required by the Notice of Funding Opportunity for the grant program.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.130 Award of Early Childhood Construction Project Grants

a) Not-for-profit Applicants/Applicants that are not School Districts with Populations Exceeding 500,000

1. The Board is authorized to make grants to public school districts and not-for-profit entities for early childhood construction grants. These grants shall be paid out of monies appropriated for that purpose.

2. Applicants will be evaluated and scored as outlined in the Notice of Funding Opportunity and in accordance with this Part. Grants will be awarded to eligible applicants in a priority order from available State funds. Priority order permits the Board to give preference to projects located in communities in the State with the greatest underserved population of young children, utilizing Census data and other reliable local early childhood service data (Section 5-300(c) of the Act).

b) Applicant School Districts with Populations Exceeding 500,000

A school district with a population exceeding 500,000 that submits a complete and accurate application in compliance with the Act and this Part shall be awarded grants totaling at least 20% of the total amounts awarded for each school year when grants are awarded, as provided by the Act.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.140 Use of Grant Monies

a) A recipient of a grant under the Act and this Part may use the grant monies to do one or more of the following:

1. Construction of an addition to or otherwise expanding an existing facility;

2. New construction of a facility or renovations to an existing facility in order to create a new early childhood center;

3. Acquisition of a facility;

4. Purchase or replacement of equipment;

5. Safety improvements; and

6. Classroom conversions.

b) Grant funds shall not be used for the following:

1. To offset existing debt;

2. To supplant existing funds that support a service, program or activity for which Grant support is requested;

3. To fund expenses associated with the operations of the early childhood center;

4. To lease/rent space for occupancy;

5. To make leasehold improvements, except as provided in Section 43.110(b);

6. To use for sectarian instruction, religious worship or a school or department of divinity; and

7. To use for the proportional share of joint use facilities that either provide personal residential space for those who are not students or provide space for business activities unrelated to the mission of the early childhood center.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.150 Evaluation Process

Applications will be reviewed based upon the following criteria:

a) Quality of rationale for documented need for the project with priority given to projects located in those communities in the State with the greatest underserved population of young children and any other subset of that population identified in the Notice of Funding Opportunity.

b) Ability of the applicant to successfully complete project objectives described in the grant application.

c) Quality of evidence used to support the likelihood of the applicant to implement and sustain the early childhood center's new operations upon completion of the project.

d) Quality of the proposed budget and timeline for the completion of the project, including a detailed description of additional funds to be used toward the applicant's financial contribution and the readiness of the project to begin once the grant funds are awarded.

e) As applicable, any other criteria listed in the Notice of Funding Opportunity for the grant program.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.160 Grant Award Process

a) Grants will be awarded by the Board in rank order.

b) The Board will notify both those applicants who are recommended for an award as well as those who will not be offered a grant. Those applicants who do not receive an award are eligible to submit future applications if funding is available.

c) Grants shall be subject to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds not legally obligated within two years after disbursement by the State shall be returned to the Board within 45 days.

d) Grant funds may only be used for the project described in the grant agreement. The applicant must provide matching funds as required by the Act.

e) Applicants must demonstrate their ability to obtain the required match and any amounts needed for the proposed project that exceed the grant amount.

f) Applicants must demonstrate that the facility for which the grant is sought will continue to be operated by the applicant as an early childhood center for at least 10 years after completion of the capital project. (See Section 5-300(b)(5) of the Act.)

g) Grant awards are conditioned upon the recipient's written certification that it will comply with applicable laws, including, but not limited to, the equal employment practices of:

1. Section 2-105 of the Illinois Human Rights Act [775 ILCS 5];

2. the Illinois Accessibility Code (71 Ill. Adm. Code 400);

3. the Prevailing Wage Act [820 ILCS 130];

4. the practices for minority-owned businesses, woman-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women and Persons with Disabilities Act [30 ILCS 575]; and

5. the Illinois Works Jobs Program Act Apprenticeship Initiative [30 ILCS 559/20-20], when applicable.

h) Grants will be awarded based on the availability of funding within a given application period.

i) Appeals for this grant program shall follow the process provided in 44 Ill. Adm. Code 7000.350(g). All appeals shall be submitted in writing as provided in the Notice of Funding Opportunity.

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.170 Reporting

The Grant recipient must submit performance and financial progress report to the Board as outlined in the Grant agreement. The Board may assist each Grant recipient in meeting the goals and objectives stated in the original Grant proposal submitted by the recipient, and may assist the Grant recipient in ensuring that Grant monies are being used for appropriate purposes, and that residents of the community are being served by the Early Childhood Centers established with Grant monies. Deadlines may be extended at the discretion of the Board only in extraordinary circumstances not in control of the Grant recipient.

History

• Source: Amended at 45 Ill. Reg. 11564, effective September 3, 2021

71 Ill. Adm. Code 43.180 Payment Schedules

Grant funds will be disbursed as agreed to in the Grant Agreement.

71 Ill. Adm. Code 43.190 Property Usage

a) Any early childhood center purchased, constructed, or improved with grant funds shall continue to be operated by the grantee as an early childhood center for a period of at least 10 years from completion of the project. (See Section 5-300(b)(5) of the Act.)

b) If, within 10 years after the completion of the project for which a grant was made under this Part, grantee ceases to use the property as an early childhood center, the grantee shall refund to the Board a prorated amount of the grant based on the number of months the grantee was not in compliance out of a total of 120 months. Any partial month of noncompliance shall be included in the repayment amount.

c) When grants are made to non-profit corporations for the acquisition or construction of new facilities, the Capital Development Board or any State agency it so designates shall hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility shall be transferred to the non-profit corporation or the lien shall be removed, provided that the non-profit corporation has complied with the terms of its grant agreement. (Section 5-300(b-5) of the Act)

History

• Source: Amended at 49 Ill. Reg. 6880, effective May 5, 2025

71 Ill. Adm. Code 43.200 Gata

The Grant program is subject to GATA. GATA rules are cross-referenced in this Part. Grants shall comply with GATA and the GATA rules, including any portions of the Uniform Guidance (see 2 CFR 200) incorporated into GATA unless an exception has been granted and documented in the Governor's Office of Management and Budget Catalog of State Financial Assistance.

History

• Source: Added at 45 Ill. Reg. 11564, effective September 3, 2021

71 Ill. Adm. Code 43.100 Definitions

As used in this Part, the following terms shall be defined as follows:

"Act" means Section 5-300 of the School Construction Law [105 ILCS 230/5-300].

"Board" means the Capital Development Board.

"Early Childhood Center" means a facility where a public school district or not‑for-profit entity provides educational, health, social and/or child development services to young children, ages 0 to 5 years old, and their families as defined in the Illinois State Board of Education (SBE) Early Childhood Block Grant Program rules (23 Ill. Adm. Code 235).

"Early Childhood Provider" means a public school district or not-for-profit entity that provides educational, health, social and/or child development services to young children, ages 0 to 5 years old, and their families, as defined in 23 Ill. Adm. Code 235.10 of the SBE Early Childhood Block Grant Program rules.

"Early Childhood Construction Grant" or "Grant" means the Early Childhood Construction Grant created by the Act.

"Early Childhood Construction Project" or "Project" means a project, other than a school construction project, school maintenance project, or school energy efficiency project as defined in Section 5-5 of the School Construction Law, intended to provide for the construction, addition or renovation of an early childhood center, but does not include ongoing operational costs. A project may involve renovation, equipping or expansion of an existing facility or construction or acquisition of a new facility.

"Equipment" means movable equipment, including all items of equipment, other than built-in equipment, necessary and appropriate for the functioning of a particular facility for its specific purpose, and that will be used solely or primarily for purposes related to the early childhood center. Further, equipment is defined as manufactured items that have an extended useful life, are not affixed to a building and are capable of being moved or relocated from room to room or building to building, are not consumed in use, and have an identity and function that will not be lost through incorporation into a more complex unit. The following guidelines should be applied in defining durable, movable equipment:

No commodities will be purchased from bond funds.

Office/household equipment and furniture will be bondable.

Machinery, implements and major tools will be bondable.

Scientific instruments and apparatus will be bondable with the exception of those items that are subject to short useful life, i.e., glassware, tubing, crockery, light bulbs, etc.

Library books, maps, and paintings are not bondable.

Livestock, for any use, is not bondable.

Rolling stock, including cars, trucks and boats and related items are not bondable.

Spare and replacement parts are not bondable.

Transportation costs and installation costs incurred with an outside source will be considered as part of the equipment cost.

Computer hardware meeting the requirements of this definition is considered bondable.

"Not-for-profit Corporation" means a public charity with a legitimate corporate purpose and formal structure to fulfill its mission that is publicly accountable and exempt from certain federal corporate income taxes under IRC section 501(c)(3).

"Not-for-profit Entity" means an organization:

incorporated under State laws and approved by both the Illinois Secretary of State and the entity's taxing authority; and

operating for educational, charitable, social, religious, civic or humanitarian purposes.

71 Ill. Adm. Code 43.110 Eligible Applicants

a) Eligible applicants for Early Childhood Construction Grants include any public school district or private not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their families.

b) If an early childhood center is operated in or by a child care center subject to the licensure requirement of the Illinois Department of Children and Family Services (DCFS), then that child care center must hold the appropriate licensure in accordance with DCFS rules (see 89 Ill. Adm. Code 403 (Licensing Standards for Group Homes), 405 (Licensing Standards for Day Care Agencies), 406 (Licensing Standards for Day Care Homes), 407 (Licensing Standards for Day Care Centers) and 408 (Licensing Standards for Group Day Care Homes)).

71 Ill. Adm. Code 43.120 Early Childhood Construction Project Grants Eligibility Requirements

Eligible applicants must meet the following criteria:

a) Applicants must be willing to enter into a grant agreement with the Board that outlines the roles, responsibilities and obligations of each party;

b) Applicants must demonstrate that the facility will be operational upon completion of the capital project, including funding and staffing;

c) If applicants are requesting capital grant funds for a portion of the total project costs, applicants must demonstrate that they have or will be able to secure sufficient sources of funding for total costs associated with the entire project;

d) Applicants must demonstrate that the proposed new or expanded center addresses the needs of underserved populations of young children in the community;

e) Applicants must provide a narrative describing the proposed project, including the following components:

1. General project description and rationale;

2. New or expanded services/programs to be offered, the number of children to be served by each, and the number of new classrooms and the estimated date/year of completion;

3. Site analysis;

4. Funding sources and cost estimates;

5. Time schedule of major events; and

6. Impact, if any, on ability to meet licensing and/or accreditation standards;

f) Applicants must provide a description of the population to be served. The description shall include:

1. How the eligible population will be recruited;

2. The geographic area to be served;

3. The estimated number of children and/or families to be enrolled;

4. Population of children to be served by new/expanded programs, including the ages and percentage of high-need children;

5. Staff to child ratios for new/expanded programs and, if applicable, proposed changes to current staff to child ratios; and

6. Other proposed program improvements and components.

71 Ill. Adm. Code 43.130 Award of Early Childhood Construction Project Grants

a) Not-for-profit Applicants/Applicants that are not School Districts with Populations Exceeding 500,000

1. The Board is authorized to make grants to public school districts and not-for-profit entities for early childhood construction projects. These grants shall be paid out of monies appropriated for that purpose. The grants shall be for the purpose of:

A) Constructing an addition onto an existing building;

B) New construction of a facility or renovations to an existing facility in order to create a new early childhood center;

C) Acquisition of facility;

D) Purchase or replacement of equipment;

E) Safety improvements; and

F) Classroom conversions.

2. An applicant that submits a complete and accurate application that is in compliance with this Section and that indicates that the applicant has a qualifying project shall be awarded a grant for the approved project, provided that the available State funding is sufficient to fund the grant.

3. If the available State funding for any fiscal year is insufficient to fund all approved projects, grants shall be awarded in a priority order until the available State funding is exhausted. Priority order permits the Board to give preference to projects located in communities in the State with the greatest underserved population of young children, utilizing Census data and other reliable local early childhood service data (Section 5-300(c) of the Act).

b) Applicant School Districts with Populations Exceeding 500,000

A school district with a population exceeding 500,000 that submits a complete and accurate application in compliance with the Act and this Section shall be awarded a grant in the amount provided by the Act provided that State funding is sufficient to fund the grant.

71 Ill. Adm. Code 43.140 Use of Grant Monies

a) A recipient of a grant under the Act and this Part may use the grant monies to do one or more of the following:

1. Construction of an addition to an existing building;

2. New construction of a facility or renovations to an existing facility in order to create a new early childhood center;

3. Acquisition of a facility;

4. Purchase or replacement of equipment;

5. Safety improvements; and

6. Classroom conversions.

b) Grant funds shall not be used for the following:

1. To offset existing debt;

2. To supplant existing funds that support a service, program or activity for which grant support is requested;

3. To fund expenses associated with the operations of the early childhood center;

4. To lease/rent space for occupancy;

5. To use for sectarian instruction, religious worship or a school or department of divinity; and

6. To use for the proportional share of joint use facilities that either provide personal residential space for those who are not students or provide space for business activities unrelated to the educational mission of the early childhood center.

71 Ill. Adm. Code 43.150 Evaluation Process

a) The Board will review applications for eligibility and will notify those applicants that fail to meet eligibility requirements. This does not prohibit applicants from submitting future applications if funding is available.

b) Applications will be reviewed based upon the following criteria:

1. Documented need for the project with priority given to projects located in those communities in the State with the greatest underserved population of young children.

2. Ability to successfully complete project objectives described in the grant application.

3. Ability to implement and sustain the early childhood center’s new operations upon completion of the capital project.

4. Realistic budget and timeline for the completion of the project, including a detailed description of additional funds to be used toward the applicant’s financial contribution and the readiness of the project to begin once the grant funds are awarded.

71 Ill. Adm. Code 43.160 Grant Award Process

a) Grants will be awarded by the Board.

b) Grants shall be subject to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds not legally obligated within two years after disbursement by the State shall be returned to the Board within 45 days.

c) Grant funds may only be used for the project described in the grant agreement. The applicant must provide matching funds in an amount equal to 10% of the grant amount. The grant amount shall not exceed more than 90% of the total project expenditures.

d) Applicants may apply for up to $5,000,000 per provider per application period and must demonstrate their ability to obtain balance of the funds required for the proposed project.

e) Grant awards of $250,000 or more are conditioned upon the recipient's written certification complying with the practices for minority-owned businesses, female-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Females and Persons with Disabilities Act [30 ILCS 575] and the equal employment practices of Section 2-105 of the Illinois Human Rights Act [775 ILCS 5/2-105].

f) Grants will be awarded based on the availability of funding within a given application period.

g) For grants awarded to not-for-profit corporations for the acquisition or construction of new facilities, the Board or any State agency it designates shall hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility shall be transferred to the not‑for‑profit corporation or the lien shall be removed, provided that the not-for-profit corporation has complied with the terms of its grant agreement. (Section 5-300(b-5) of the Act)

71 Ill. Adm. Code 43.170 Reporting

a) The grant recipient must submit a progress report to the Board. The Board may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal submitted by the recipient, and may assist the grant recipient in ensuring that grant monies are being used for appropriate purposes, and that residents of the community are being served by the early childhood centers established with grant monies.

b) For grants in excess of $25,000, the grant recipient must submit quarterly reports to the Board describing the progress of the program, project or use and the related expenditure of the grant funds.

71 Ill. Adm. Code 43.180 Payment Schedules

Grant funds will be disbursed as agreed to in the Grant Agreement.

Part 44 Rules of the Capital Development Board and the Department of Healthcare and Family Services: Healthcare Transformation Capital Investment Grant Program

71 Ill. Adm. Code 44.100 Program Description

a) The Capital Development Board ("Board"), in cooperation with the Department of Healthcare and Family Services ("Department"), shall administer a hospital and healthcare transformation capital investment grant program as set forth in Section 20 of the Capital Development Board Act [20 ILCS 3105/20].

b) This program, funding capital investment grants, shall be known as the Healthcare Transformation Capital Investment Grant Program or Capital Program.

c) The Capital Program is distinct from but related to the Healthcare Transformation Collaborative Medical Services Program ("Services Program") created pursuant to Section 14-12(d-5) of the Illinois Public Aid Code [305 ILCS 5].

d) The Capital Program is a joint effort between the Department and the Board.

71 Ill. Adm. Code 44.105 Definitions

"Board" means the Capital Development Board.

"Capital Program" means the Hospital and Healthcare Transformation Collaborative Capital Investment Grant Program created pursuant to the Capital Development Board Act [20 ILCS 3105/20].

"Department" or "HFS" means the Department of Healthcare and Family Services.

"Equipment" means movable equipment, including all items of equipment other than built-in equipment, necessary and appropriate for the functioning of a facility that is purchased, renovated, or constructed with grant funds, and that will be used solely or primarily for purposes related to the mission of the grantee. Further, equipment is defined as durable manufactured items that have a significant useful life of at least 20 years, that are not affixed to a building and are capable of being moved or relocated from room to room or building to building, that are not consumed in use, and that have an identity and function that will not be lost through incorporation into a more complex unit.

Equipment includes the following when meeting the above requirements:

office/medical equipment and furniture;

machinery, implements and major tools;

scientific instruments and apparatus, excluding those items that are subject to a short useful life (e.g., glassware, tubing, crockery, and light bulbs); and

transportation costs and installation costs of equipment when incurred from an outside source.

Equipment does not include:

commodities;

library books, maps, and paintings;

livestock, for any use;

rolling stock (e.g., cars, trucks, boats, and related items); or

spare and replacement parts.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

"GATA Rules" means 44 Ill. Adm. Code 7000.

"Grant" means funds awarded for capital improvements under Section 20 of the Capital Development Board Act [20 ILCS 3105].

"Healthcare facility" is the physical site where a health care provider, including an Illinois hospital licensed under the Hospital Licensing Act, that is enrolled as an eligible medical provider with the Department operates and provides medical services.

"Healthcare Transformation Project" is a plan that transforms a Healthcare Facilities’ services or care models to better align with the needs of the communities they serve.

"Notice of Funding Opportunity" or "NOFO" means the formally issued announcement of the availability of State funding for the Capital Program.

"Project" means a capital plan to:

acquire a new physical location, which may include necessary construction, renovations and/or real property or equipment purchases, to establish or support a healthcare transformation project that: addresses community needs; improves the health and wellness for individuals and communities; tailors solutions to meet the unique needs of individuals; improves outcomes; decreases disparities; and is sustainable over time; or

renovate an existing healthcare facility; purchase equipment to expand the services of an existing facility; or prevent or reverse the deterioration of an existing facility that supports or will support a healthcare transformation project that: addresses community needs; improves the health and wellness for individuals and communities; tailors solutions to meet the unique needs of individuals; improves outcomes; decreases disparities; and is sustainable over time.

"Services Program" means the Hospital and Healthcare Transformation Collaborative Medical Services Program created pursuant to Section 14-12(d-5) of the Illinois Public Aid Code [305 ILCS 5].

71 Ill. Adm. Code 44.110 Applicable Law

a) The Capital Program is subject to the Grant Accountability and Transparency Act (GATA). Grants shall comply with GATA and the GATA Rules, including any portions of the Uniform Guidance (see 2 CFR 200) incorporated into GATA unless an exception has been granted and documented in the Governor's Office of Management and Budget Catalog of State Financial Assistance.

b) Grants are subject to the Illinois Grant Funds Recovery Act [30 ILCS 705]. Any grant funds not legally obligated within two years after disbursement by the State shall be returned to the Board within 45 days.

c) Nothing in this Part shall exempt a healthcare provider from any requirement of the Illinois Health Facilities Planning Act [20 ILCS 3960/1 et seq.] including the process for a Certificate of Need. [20 ILCS 3105/20(d)]

71 Ill. Adm. Code 44.115 Grantee Eligibility

a) Any health care provider, including an Illinois hospital licensed under the Hospital Licensing Act, that is enrolled as an eligible medical provider with the Department may be eligible to receive a Capital Program grant.

b) Participation in a collaborative under the Services Program is not a pre-requisite for eligibility in the Capital Program.

c) However, applicants must demonstrate how the Capital Program Project will promote the transformation of healthcare in Illinois.

71 Ill. Adm. Code 44.120 Project Eligibility

Eligible applicants must meet the following criteria.

a) Applicants must be "qualified" in accordance with the GATA Rules, 44 Ill. Adm. Code 7000.70;

b) Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules (see 44 Ill. Adm. Code 7000.300) that outlines the roles, responsibilities, and obligations of the parties;

c) Applicants must demonstrate that the proposed Project addresses community needs and desires (e.g., lack of sufficiently allocated healthcare resources (particularly community-based services), preventive care, obstetric care, chronic disease management, specialty care and the social and structural determinants of health) established via direct community input;

d) Applicants must propose healthcare related quality metrics to track the long-term impact of the Project after completion of the Project;

e) Applicants must provide a narrative describing the proposed Project, including the following components:

1. General Project description and rationale;

2. New or expanded services/programs to be offered as a result of the Project, the number of people to be served by each, and the estimated date/year of completion;

3. Site analysis;

4. Funding sources and cost estimates for the Project; and

5. Time schedule of major events.

f) Applicants must provide a description of the population to be served. The description shall include:

1. The estimated number of people to be served;

2. The geographic area to be served;

3. How the Project will promote racial equity and address social determinants of health; and

4. Other proposed Project improvements and components.

g) Applicant must provide a budget that includes a detailed breakdown of all Project costs; and

h) Applicants must provide any other supporting documentation requested in the NOFO.

71 Ill. Adm. Code 44.125 Program Standards for Determination of Priority Needs

a) At least 20% of funds awarded for the Capital Program shall be awarded to Projects involving one or more Safety Net Hospitals as defined by 305 ILCS 5/5-5e.1.

b) Priority consideration shall be given to Critical Access Hospitals, which are Illinois hospitals designated as a critical care hospital by the Department of Public Health in accordance with 42 CFR 485, Subpart F; communities that experience significant health disparities aggravated by social determinants of health and insufficient health resources determined by the social vulnerability index published by the Centers for Disease Control and Prevention; and applicants involved in the Services Program pursuant to Section 14-12(d-5) of the Illinois Public Aid Code.

71 Ill. Adm. Code 44.130 Application

a) A NOFO posting will comply with the requirements of 44 Ill. Adm. Code 7000.310(d) and will be posted on the Department's and Board's respective websites, as well as on the Governor's Office of Management and Budget Catalog of State Financial Assistance.

b) Applicants will submit applications in a form and manner prescribed in the NOFO.

c) Applications for the Capital Program may be submitted in the same funding cycle as applications related to the Services Program.

71 Ill. Adm. Code 44.135 Merit Based Review

a) The Department, in consultation with the Board, will review applications using the grantee and Project eligibility requirements detailed in Section 115 and 120. Failing to get an award does not prohibit applicants from submitting future applications if funding is available.

b) Applications meeting eligibility requirements in Section 115 and 120 will be reviewed based upon, but is not limited to, the following criteria:

1. Documented need for the Project with priority given to Projects meeting the standards for priority need identified in Section 44.125;

2. Ability of the applicant to successfully complete Project objectives described in the grant application;

3. Ability of the applicant to implement and sustain operations upon completion of the Project;

4. Realistic budget and timeline for the completion of the Project, including the applicant's ability to obtain matching funds and the readiness of the Project to begin once the grant funds are awarded; and

5. Any other criteria listed in the NOFO for the grant program.

c) Applicants will be evaluated and scored as outlined in the NOFO and in accordance with this Part.

d) Grants will be awarded to eligible applicants in a priority order from available State funds.

71 Ill. Adm. Code 44.140 Award

a) Grants will be awarded by the Board in consultation with the Department.

b) Grant funds may only be used for the Project described in the grant agreement.

c) Grant awards are conditioned upon the recipient's written certification that it will comply with applicable laws and require compliance of its subcontractors as may be appropriate. Applicable laws include but are not limited to:

1. the equal employment practices of Section 2-105 of the Illinois Human Rights Act [775 ILCS 5];

2. the Illinois Accessibility Code [71 Ill. Adm. Code 400];

3. the Prevailing Wage Act [820 ILCS 130];

4. the practices for minority-owned businesses, woman-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Women and Persons with Disabilities Act [30 ILCS 575]; and

5. the Illinois Works Jobs Program Act Apprenticeship Initiative [30 ILCS 559/20-20], when applicable.

d) Grants will be awarded based on the availability of funding within a given application period as stated in the NOFO.

e) The Board may suspend or terminate a grant agreement, recoup grant funds received under this Part or withhold any future grant payments for non-compliance with this Part.

71 Ill. Adm. Code 44.145 Use of Funds

a) A recipient of a grant under the Act and this Part may use the grant monies for one or more of the following:

1. Construction of an addition to or otherwise expanding an existing facility;

2. New construction of a facility or renovations to an existing facility;

3. Acquisition of a facility;

4. Purchase or replacement of Equipment;

5. Safety improvements;

6. Conversions of an existing space;

7. Satisfy any building code, safety standard or life safety code;

8. Maintain, establish or improve medical equipment or health information technology;

9. Maintain or improve patient safety, quality of care, or access to care; or

10. Purchase information technology limited to hardware and other physical items as specified in the NOFO.

b) Grant funds will not be used for the following:

1. To pay outstanding debt;

2. To supplant existing funds that support a service, program or activity for which grant support is requested;

3. To fund expenses associated with the ongoing operational costs;

4. To lease/rent space for occupancy;

5. To make leasehold improvements; or

6. Be allocated to an endowment or other invested fund.

71 Ill. Adm. Code 44.150 Post-Award Monitoring

a) The grant recipient must submit performance and financial progress reports to the Department and the Board as outlined in the grant agreement.

b) The Department and the Board may assist each grant recipient in meeting the goals and objectives stated in the original grant proposal submitted by the recipient and may provide technical assistance and guidance regarding the use of grant funds in compliance with applicable laws.

c) Performance and financial progress report deadlines may be extended at the discretion of the Department and the Board only in extraordinary circumstances not in control of the grant recipient.

d) Actual use of capital dollars awarded will be reported to the Department and the Board at least quarterly, unless more frequent reporting is required by the grant agreement.

71 Ill. Adm. Code 44.155 Payment Schedules

Grant funds will be disbursed at the completion of construction milestones and as outlined in the grant agreement.

Part 50 Bonding Guidelines

71 Ill. Adm. Code 50.110 General Standards and Guidelines for the Appropriate Utilization of Bond Proceeds

a) General. The general uses of Capital Development Bond, School Construction Bond, General Obligation Bond and Build Illinois Bond proceeds appropriated to the Board shall always be and remain consistent with the provisions expressed in Article VIII, Section 1 and Article IX, Section 9 of the 1970 Constitution of the State of Illinois, and with the provisions of the Capital Development Bond Act of 1972 [30 ILCS 420], the School Construction Bond Act [30 ILCS 390], General Obligation Bond Act [30 ILCS 330] and the Build Illinois Bond Act [30 ILCS 425].

b) Bondable Capital Improvements. Bondable capital improvements and related expenditure purposes generally include, but are not limited to, the following:

1. Planning expenses for architectural and engineering design;

2. Real property;

3. Buildings, additions, and/or structures (including required site development or preparation and associated fixed equipment that is required for functional effectiveness);

4. Utilities;

5. Initial durable movable equipment as defined in Section 50.120(e), Durable Movable Equipment;

6. Site improvements;

7. Remodeling and/or Rehabilitation;

8. Direct costs associated with the issuance of State General Obligation Bonds.

c) General Obligation Bond Proceeds.

1. In general, any expenditure purpose shall be considered appropriate for financing from proceeds provided that such expenditure purposes:

A) are not recurring. In this context, recurring expenses are defined as those costs that are incurred at frequent or regular intervals within the initial term of financing, and that would cause pyramiding accumulation of costs for the same expenditure purpose before the expenses initially incurred for such purpose are completely amortized;

B) can be characterized as durable or not readily consumed in use;

C) reflect an extended useful life or longevity that confers long-term (non-transitory) benefits on the citizens of the State of Illinois;

D) are not subject to inherent risk of failure or rapid technological obsolescence, or primarily intended to fulfill temporary requirements;

E) reflect a direct interest of the State of Illinois, including its legally constituted subdivisions, in any real property to be improved, as evidenced by valid title to the real property on which the proposed improvement is to be made, or an easement interest of record that at least encompasses the proposed term of bond financing;

F) appreciably increase, improve, or enhance the equitable interests of the State of Illinois in capital facilities, land, permanent improvements, and related assets;

G) are considered as internal components of a project, which if considered separately may not reflect an extended useful life, but will be bondable provided that such components are initially required for and appreciably contribute to effective functioning, or are otherwise incapable of separation from a more complex unit that in itself is bondable.

2. All seven factors must be present in order for an expenditure purpose to be bondable.

3. Notwithstanding the above prescribed purposes, a nonconforming expenditure may yet be considered bondable if it is deemed to be in the public interest as evidenced by a substantive enactment of the General Assembly. Only Public Acts specifying a project shall be deemed a substantive enactment.

71 Ill. Adm. Code 50.120 Standardized Definitions and Guidelines

The following standardized definitions and guidelines enumerate the appropriate utilization of Capital Development, School Construction, General Obligation and Build Illinois Bond proceeds appropriated to the Board to finance bondable capital improvements as listed in Section 50.110(b) above.

a) Planning. Bondable planning costs include those expenditures that are related to architectural and engineering design required for planning the construction or installation of bondable capital improvement projects. Included are costs for schematic design development, which refers to preliminary studies developed from program statements that reflect the general functional characteristics and architectural requirements of a bondable capital improvement project; costs for definitive design development, which means the refinement of schematic design into final detailed design requirements; and costs incurred for the completion of construction documents and detailed working drawings required for bidding and construction, including any allowable reimbursables provided within an executed contract for professional and technical services.

b) Land. Land includes expenditures for the acquisition of real property (including easements of record with an extended term, but excluding any leasehold interests obtained through rental of real property), whether obtained by purchase or by condemnation under the applicable eminent domain laws of the State of Illinois, and for all expenses directly and necessarily related to such purchase or condemnation. All necessary and reasonable expenses incurred in the acquisition of real property qualify for bond financing. Such expenditures may include but are not limited to the following:

1. land costs

2. appraisal fees

3. title opinions

4. surveying fees

5. real estate fees

6. title transfer taxes

7. condemnation costs and related legal expenses.

c) Buildings, Additions, and/or Structures. Buildings, additions and/or structures shall mean and include those facilities with a roof and/or walls that have a foundation. This category also includes site developments necessarily required or related to the preparation of a site for construction purposes; and required built-in, special-purpose, or other fixed equipment, which is permanently affixed or connected to real property in such a manner that removal would cause consequent damage to the real property to which it is affixed. All expenditures that may be classified within the category defined shall be bondable.

d) Utilities. In general, the category utilities shall mean and include expenditures for the acquisition, construction, replacement, modernization, and/or extension of systems for distributing or disbursing utility services. Bondable utility costs may include but are not limited to the following items:

1. provisions for potable water, high-temperature water for sanitary or other related purposes, domestic hot or chilled water;

2. systems and associated components for disbursing or distributing electricity or providing telecommunications service, including underground or overhead distribution cables for television, computers, or other modes of communication;

3. steam and condensate returns;

4. storm and/or sanitary sewers;

5. fire hydrants and stand pipes;

6. central fire and security alert systems;

7. exterior lighting;

8. tap-ons or extensions related to existing utility systems;

9. automated temperature/environmental control systems, and air and water pollution control systems;

10. provisions for the disposal of scientific contaminated waste and surgical waste;

11. solar heating or other approved energy systems;

12. sewage and water treatment facilities, equipment and related distribution systems;

13. earth moving to create artificial lakes or reservoirs for utility or related conservation purposes;

14. restoration of natural and/or man-made features of the site of any utilities installation to its original condition;

15. trenches or ditches dug for the purpose of laying tile or providing ducts to remove excessive rainfall and prevent erosion.

e) Durable movable equipment

1. Durable movable equipment shall mean initial movable equipment, including all items of initial equipment, other than built-in equipment, that are necessary and appropriate for the functioning of a particular facility for its specific purpose, and that will be used solely or primarily in the rooms or areas covered in the subject project. Further, such equipment is defined as manufactured items that have an extended useful life, are not affixed to a building and are capable of being moved or relocated from room to room or building to building, are not consumed in use, and have an identity and function that will not be lost through incorporation into a more complex unit.

2. In applying the above definition, reference should be made to the State Finance Act [30 ILCS 105], and the distinction between commodities (Section 15b of that Act) and equipment (Section 20) as defined by that Act. Within the context of that Act, the following guidelines should be applied in defining durable movable equipment:

A) Bondable

i) Office/household equipment and furniture will be bondable.

ii) Machinery, implements and major tools will be bondable.

iii) Scientific instruments and apparatus will be bondable when they have a useful life similar to office equipment.

iv) Transportation and installation costs incurred with an outside source will be considered part of the equipment cost for items funded by the Board.

v) Equipment not otherwise classified will be considered bondable provided it meets all other guidelines.

vi) Significant useful life should be considered a minimum of 10 years.

B) Non-bondable

i) Scientific apparatus items that are subject to short useful life, such as glassware, tubing, crockery and light bulbs are not bondable. These items are more correctly defined as commodities.

ii) Library books, maps, and paintings other than those purchased in the Art in Architecture program [20 ILCS 3105/14] are not fundable from bond funds.

iii) Livestock, for any use, is not fundable from bond funds.

iv) Rolling stock, including boats, cars, trucks and related items, are not fundable from bond funds.

v) Spare and replacement parts should be considered commodities.

vi) No commodities shall be purchased from bond funds.

f) Site Improvements. Site Improvements means and includes expenditures for all improvements to real property that are not otherwise included within the category of buildings, additions and/or structures (subsection (c) of this Section). Bondable site improvement expenditures shall include all above costs incidental to demolition, rough and final grading of a site, and the construction or replacement of sidewalks, road and driveway pavement surfaces, bridges, ramps, curbs, overpasses, underpasses, pedestrian bridges and tunnels, surface parking areas, campground development, building terraces, retaining walls, exterior lighting, and seeding or sodding for erosion control only if related to a bondable capital improvement project.

g) Remodeling and Rehabilitation

1. Bondable remodeling and rehabilitation means and includes expenditures for all capital improvements that have the primary objective of altering the functional capabilities of a structure or facility.

2. Remodeling shall include all capital improvement projects that have the primary objective of changing the functional character of areas, modifying capacity for the number of persons who can be accommodated, and/or altering spatial relationships.

3. Rehabilitation shall include all non-recurring capital improvement expenditures having the primary purpose of restoring or upgrading an existing area to original operating condition. Recurring expenditures for repairs and/or maintenance that are predictable or reflect regular attention in preserving or keeping a facility in ordinarily efficient operating condition or arresting deterioration without appreciably upgrading, improving, or increasing the value of a facility, shall be considered non-bondable repair and maintenance expenditures.

h) Direct Costs Associated with the Issuance of State General Obligation Bonds. Costs of this nature shall include expenses associated with advertising, printing, bond rating, security, delivery, legal and financial services, and all other expenses necessary and incident to the issuance of State General Obligation Bonds.

71 Ill. Adm. Code 50.130 Limitations on Expenditures of Bond Proceeds

a) The following expenditure purposes shall not be bondable:

1. operational and administrative expenses, such as compensation costs, travel, commodities, non-initial equipment, or other recurring expenditures that are similar in character;

2. expenditures for leasing or rental of equipment and/or facilities;

3. archeological digs, research, or exploration;

4. expenditures for routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property that would typically be covered by operation and maintenance funds of the user agency and for reimbursement of user agencies for administration, staff, or other costs;

5. expenditures to acquire or construct temporary facilities or facilities whose abandonment or replacement is imminent;

6. unpredictable or unusual legal expenses (other than land acquisition legal expenses), such as for special litigation, that are not ordinarily or customarily provided within the budget for a capital improvement project. These expenditures are more appropriately financed from contractual services operating funds appropriated for such purposes;

7. separate purchases of sand, gravel, rock, asphalt and concrete in limited quantities; ordinary hardware items; temporary, nondurable fencing; spare and/or replacement parts and equipment; hand tools; decorative models, plaques and other commemorative memorabilia; and other commodity-type consumable items having a relatively brief expected useful life;

8. expenditures for general long-range development plans, master plans, historical or archeological research, surveying, preliminary engineering studies, aerial mapping, feasibility studies, program or scope statements, or other expenditures similar in character;

9. expenditures for independent landscaping improvements that are not directly associated with a bondable capital improvement project. In this context, seeding or sodding that is not primarily intended for erosion control in relation to a bondable capital improvement project shall not be bondable. Similarly, expenditures incurred for the planting of trees, shrubs, bushes, or other vegetation, including revegetation, shall not be bondable improvements unless the expenses are directly and initially associated with or represent an integral component of a bondable capital improvement project.

b) The following expenditure purposes shall be bondable only if those purposes demonstrate an expected useful life, based upon engineering studies, supporting technical data, or relevant precedents under similar circumstances, that is at least equal to the term of bond financing:

1. purchase or installation of metal pilings or similar materials (but not riprap) for the purpose of erosion and/or flood control, provided that the impact of the proposed expenditure is to improve rather than maintain such areas;

2. expenses directly related to dredging, levee, drainage, channel and/or lake improvements;

3. rehabilitation of existing road and parking area surfaces;

4. costs incurred in the acquisition or purchase of historical, antique or period furnishings of value, provided that the items are directly associated with a new capital improvement project and considered essential to the primary purpose of such project and acquisition of the furnishings is pursuant to the mandate of the appropriation for the project, and further provided that the items will be subject to adequate security and protection and accepted property control accountability.

Part 100 Hearing Procedures

71 Ill. Adm. Code 100.110 Applicability

These rules, in addition to Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10], shall apply to contested cases of final Board actions, including but not limited to suspensions of prequalification, when the Board determines that a hearing is required by law.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.111 Definitions

As used in this Part, the following terms shall be defined as follows:

"Act" means the Capital Development Board Act [20 ILCS 3105], unless otherwise specified.

"Administrative Law Judge" or "ALJ" means a person appointed to conduct procedures pursuant to Article 10 of the Illinois Administrative Procedure Act and this Part.

"Board" means the Capital Development Board and may include its office and staff.

"Board Member" means an individual member of the Capital Development Board, appointed by the Governor by and with the consent of the Senate.

"Complainant" means a person or business organization that petitions for an administrative hearing.

"Executive Director" means the Executive Director of the Capital Development Board.

"Suspension" means any action taken by the Board with respect to prequalification pursuant to 44 Ill. Adm. Code 950.200 and 980.300, and as authorized by Section 16 of the Capital Development Board Act [20 ILCS 3105/16] and Section 30-20 of the Illinois Procurement Code [30 ILCS 500/30-20].

History

• Source: Added at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.113 Filing

Any documents that are required to be filed with the Board shall be addressed and mailed to, or hand delivered to, the Executive Director, Stratton Building, 3rd Floor, 401 S. Spring St., Springfield, Illinois 62706. Once an administrative law judge has been appointed, all such documents shall also be copied to the ALJ and sent by mail or hand delivery.

History

• Source: Added at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.120 Petition for Hearing and Response

Petitions for hearing shall include a petition for specific relief sought and shall be submitted to the Executive Director in writing within 30 days after the final Board action at issue, and shall clearly state the Board action being complained of and the reasons for the complaint, and may include supporting documentation. The Board will respond within 30 days after receipt and either grant or deny a hearing. A hearing will be denied if the petition is not in compliance with this Section.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.130 Waiver

Compliance with any provisions of this Part may be waived or altered by agreement of all parties by written stipulation or a stipulation on the record taken by a court reporter. The parties shall, to the greatest extent possible, exercise good faith efforts to agree to utilize informal procedures to promote speedy, economical resolution.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.140 Settlement

Issues may be resolved in whole or in part by settlement or stipulation among any or all parties at any time prior to, during, or following the hearing.

71 Ill. Adm. Code 100.150 Representation

Natural persons (including a natural person doing business as a sole proprietorship) may represent themselves or be represented by an attorney. Other business organizations, including corporations and others required to be licensed or registered by the Illinois Secretary of State, shall be represented by an attorney. Attorneys shall be licensed in Illinois and shall file a notice of appearance with the Executive Director or, if one has been appointed, with the ALJ.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.160 Administrative Law Judge

The Board shall appoint an administrative law judge as soon as possible after granting a petition for hearing. The ALJ shall be an attorney licensed in Illinois who is not an employee of the Board, nor currently under contract with the Board, except as an ALJ in another case.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.170 Answer

Within 15 days after the appointment of the ALJ, the Board shall file an answer responsive to the Petition for Hearing.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.180 Conference

Within 10 days after receipt of the Board's answer to the petition for hearing, the ALJ shall send notice of a conference among all parties for the purpose of discussing the proceedings and promoting settlement. Such conference shall be scheduled as soon as reasonably practical, and not less than 10 days after notice.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.190 Notice of Hearing

When the ALJ determines that further settlement efforts are not reasonably expected to be productive, he/she shall send the parties a notice of hearing by United States registered or certified mail, stating the date, time, and place the hearing will commence. The hearing shall be set no sooner than 30 days after notice, nor more than 60 days after notice. Hearings shall be held in the Board's Springfield office.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.200 Costs of Hearing

Fees and expenses of the ALJ and court reporter (or other method of recording) shall be shared equally among the Board and the complainants. All shall pay the same amounts as they become due, regardless of the number of complainants involved. If transcripts (or other types of copies) are desired, each party shall pay for its own.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.210 Disqualification of Administrative Law Judge

Any party may file a petition, with an affidavit alleging personal bias or conflict of interest of the ALJ, with the Executive Director. The Executive Director may request additional evidence from any party or the ALJ. The Executive Director shall disqualify the ALJ only upon presentation of sufficient credible evidence that it is more likely than not the allegations are true. Rulings by the ALJ against the complainant shall not in themselves constitute sufficient evidence. Within 10 days after disqualification, a new ALJ shall be appointed.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.220 Hearings

Hearings shall be conducted in a fair and orderly manner. In general, the rules of evidence and privilege as applied in civil cases in the circuit courts of the State of Illinois shall apply. However, neither the Board nor the ALJ shall be bound by the technical rules of evidence or civil procedure, and no informality in any proceeding or in the manner of taking testimony shall invalidate any order or decision rendered. Official notice may be taken pursuant to Section 10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.230 Board Documents

Any relevant documents, including but not limited to books, correspondence, memoranda, and photographs, may be provided by the Board by a reproduced copy thereof and shall, without further proof, be admitted into evidence.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.240 Powers of the Administrative Law Judge

The appointed ALJ shall have the power to:

a) Preside over hearings and other procedures.

b) Reset hearings upon good cause shown.

c) Grant or deny requests for discovery.

d) Issue, or authorize issuance of, subpoenas to compel attendance of a witness at a hearing pursuant to 20 ILCS 3105/9.08b.

e) Take evidence, hear testimony, and question parties and witnesses.

f) Administer oaths and affirmations.

g) Hear and decide motions.

h) Grant reasonable time extensions.

j) Take judicial notice pursuant to Section 10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.250 Burden of Proof

Documents filed by the Board pursuant to Section 100.230 of this Part, at least 15 days prior to hearing, shall constitute prima facie evidence, which may be rebutted by a complainant. The burden shall be upon the complainant to prove by clear and convincing evidence that the Board's action complained of was an abuse of discretion. CDB's determinations are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

History

• Source: Amended at 22 Ill. Reg. 20022, effective November 9, 1998

71 Ill. Adm. Code 100.260 Duties of the Administrative Law Judge

The ALJ shall:

a) Regulate the course of the hearing.

b) Record and keep all relevant documents as the official record, which shall be turned over to the Board at the conclusion of the proceedings.

c) Exclude irrelevant, immaterial or unduly repetitious evidence. However, admission of such evidence shall not preclude a finding that the evidence was irrelevant, immaterial or unduly repetitious.

d) Deny or limit frivolous motions, discovery, or other methods reasonably interpreted to be for the purpose of causing delay or unnecessarily burdening other parties.

e) Assess costs against any party for conduct addressed in subsections (b) and (c) of this Section.

f) Utilize whatever methods are required to bring about the hearing at the earliest possible date.

g) Deny requests to depose the Executive Director or Board Members unless the complainant presents sufficient credible evidence to show a reasonable person would believe that such person has relevant, material, first-hand knowledge that is not merely repetitious of knowledge possessed by others.

h) Enter a default upon failure to appear with advance reasonable notice.

i) Render a written proposal for decision containing findings of fact and conclusions of law, based on the evidence presented, to the parties within 30 days after the hearing. This time shall be extended on motion and order of the ALJ as needed when necessitated by a large volume of evidence to be considered.

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.261 Petition for Reconsideration

Within 15 days after receipt of the ALJ's proposal for decision, any party may file a written request for reconsideration explaining in detail the perceived errors and reasons for those errors, and may include a brief. The ALJ shall respond by filing a final recommendation with the parties and the Executive Director.

History

• Source: Added at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.262 Transcripts

Any and all hearing testimony and communications at the hearing shall be stenographically recorded by a certified court reporter. Upon request by any party or the ALJ, proceedings other than the hearing shall be similarly recorded.

History

• Source: Added at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.270 Executive Director's Decision

Within 15 days after receipt of the ALJ's final recommendation, or, if no petition for reconsideration was filed, within 30 days after receipt of the ALJ's proposal for decision, the Executive Director shall issue a decision by United States registered or certified mail. This decision shall be final and shall state that it is final and subject to the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.272 Record

Following submittal of the written recommendation, the ALJ shall forward the entire record of the case to the Executive Director. The record shall include documents indicated in Section 10-35 of the Illinois Administrative Procedure Act [5 ILCS 100/10-35].

History

• Source: Added at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.280 Petition for Reconsideration (repealed)

History

• Source: Repealed at 29 Ill. Reg. 765, effective January 1, 2005

71 Ill. Adm. Code 100.290 Final Consideration (repealed)

History

• Source: Repealed at 29 Ill. Reg. 765, effective January 1, 2005

Part 300 Local Building Codes

71 Ill. Adm. Code 300.10 Purpose and Scope

a) The purpose of this Part is to set forth the minimum qualifications as specified in 20 ILCS 3105/10.09-1(d) for an individual to perform building code inspections that comply with the building codes adopted by the Board for non-building code jurisdictions.

b) The requirements set forth in this Part shall apply to all newly constructed commercial buildings in non-building code jurisdictions. These buildings shall comply with codes adopted by the Capital Development Board for non-building code jurisdictions as defined in 20 ILCS 3105/10.09 and shall comply with any local building ordinances in all other respects.

71 Ill. Adm. Code 300.20 Definitions

"Architect" means an architect licensed to practice in Illinois under the Illinois Architecture Practice Act of 1989 [225 ILCS 305] and the administrative rules of the Department of Financial and Professional Regulation that implement that Act (68 Ill. Adm. Code 1150).

"Engineer" means an engineer licensed to practice in Illinois under the Professional Engineering Practice Act of 1989 [225 ILCS 325] and the applicable administrative rules of the Department of Financial and Professional Regulation (68 Ill. Adm. Code 1380).

"Non-Building Code Jurisdiction" means any area of the State not subject to a building code imposed by either a county or municipality. [20 ILCS 3105/10.09-1(d)]

"Qualified Inspector" means an individual meeting the requirements under Section 300.30 of this Part to conduct inspections in non-building code jurisdictions.

71 Ill. Adm. Code 300.30 Specific Requirements for Qualified Inspectors Filing Verification of Inspection Experience

In order to have sufficiently filed verification of inspection experience, the individual shall have fulfilled one of the following requirements:

a) obtained professional licensure as an architect or engineer in Illinois;

b) received a "Proper Identification" card through Illinois State Board of Education's procedures as a qualified building inspector/plan reviewer (23 Ill. Adm. Code 180); or

c) qualified by an apprentice program certified by the US Department of Labor's Office of Apprenticeship.

Subchapter b Accessibility Standards

Part 400 Illinois Accessibility Code

71 Ill. Adm. Code 400.110 Purpose

a) The purpose of this Illinois Accessibility Code (Code), as represented in Appendix A, is to implement the Environmental Barriers Act (EBA) [410 ILCS 25]. This 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.

b) This Code is also intended to resolve areas of difference between federal accessible design standards such as the Americans With Disabilities Act (ADA), standards for accessible design (28 CFR 36 (2010)) and the Code. The drafters of this Code compared and primarily adopted the stricter of State or federal accessible design standards to provide the greatest access throughout the State.

71 Ill. Adm. Code 400.120 Standards Incorporated by Reference

a) The entirety of the Code, as adopted by the Capital Development Board pursuant to its rulemaking authority granted by Section 4 of the EBA, is contained in this Part, primarily Appendix A.

b) The Code, together with the EBA and the standards incorporated by reference in subsection (d), has the force and effect of law in the State of Illinois.

c) The Illinois Attorney General shall have the authority to enforce the Code in accordance with the EBA.

d) Incorporations by Reference

ANSI/BHMA. Copies of the referenced standards may be obtained from the Builders Hardware Manufacturers Association, 355 Lexington Avenue, 17th floor, New York NY 10017 (www.buildershardware.com).

ANSI/BHMA A156.10-1999, American National Standard for Power Operated Pedestrian Doors

ANSI/BHMA A156.19-2002, American National Standard for Power Assist and Low Energy Power Operated Doors

ASME. Copies of the referenced standards may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York NY 10016 (www.asme.org).

ASME A17.1- 2013, Safety Code for Elevators and Escalators

ASME A18.1-2011, Safety Standard for Platform Lifts and Stairway Chairlifts

ASTM. Copies of the referenced standards may be obtained from the American Society for Testing and Materials, 100 Bar Harbor Drive, West Conshohocken PA 19428 (www.astm.org).

ASTM F 1292-13, Standard Specification for Impact Attenuation of Surfacing Materials within the Use Zone of Playground Equipment

ASTM F 1487-11, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use

ASTM F 1951-09b, Standard Specification for Determination of Accessibility of Surface Systems under and around Playground Equipment

ICC/IBC. Copies of the referenced standard may be obtained from the International Code Council, 4051 Flossmoor Road, Country Club Hills IL 60478 (www.iccsafe.org).

International Building Code, 2015 Edition

NFPA. Copies of the referenced standards may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169-7471, (www.nfpa.org).

NFPA 72, National Fire Alarm Code, 2013 Edition

National Park Service, U.S. Department of the Interior. Copies of the referenced standards may be obtained from the www.nps.gov/tps/standards/ rehabilitation.htm or at your local library. It is also available from the Illinois Department of Natural Resources-Office of Land Management-Historic Preservation Division, One Natural Resources Way, Springfield IL 62702, www.dnr.illinois.gov.

Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1992)

e) Materials incorporated by reference in this Section are incorporated as of the date specified and include no further amendments or editions.

71 Ill. Adm. Code 400.APPENDIX A Illinois Accessibility Code

BOARD NOTE: In this Appendix A, italicization of text indicates that the Capital Development Board has adopted rules applicable in the State of Illinois that differ to some extent from the 2010 ADA Standards for Accessible Design. Defined terms are indicated by bold text.

CHAPTER 1: APPLICATION AND ADMINISTRATION

101 Purpose

101.1 General. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities.

101.2 Buildings and Facilities Covered. This 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 in this Code.

101.3 Applicability, General. This 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 this 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.

101.4 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 this Code.

101.5 Force of Law. This Code, together with the Environmental Barriers Act and the standards incorporated by reference identified in Section 105, has the force of a building code and as such is law in the State of Illinois.

101.6 Enforcement. The Attorney General shall have the authority to enforce this 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:

1. Conduct an investigation to determine if a violation of the Environmental Barriers Act and this Code exists. This includes the power to:

a. 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;

b. Examine under oath any person alleged to have participated in or with knowledge of the violations; and

c. Issue subpoenas or conduct hearings in aid of any investigation.

2. 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.

3. Bring an action for mandamus.

4. Bring an action for penalties as follows:

a. 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;

b. 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

c. 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.

5. 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.

101.6.1 Continuity of Violation. A public facility or multi-story housing continues to be in violation of the Environmental Barriers Act and this Code following construction or alteration so long as the public facility or multi-story housing is not compliant with the Environmental Barriers Act and this Code.

101.7. Local Standards. The provisions of the Environmental Barriers Act and this Code constitute minimum requirements for all governmental units, including home rule units. Pursuant to Section of the, Environmental Barriers Act, any governmental unit may enact more stringent requirements to increase and facilitate access to the built environment by individuals with disabilities.

101.8 Revisions to Code. This 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.

101.9 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 this Code by the administrative authority which issues the permit for construction.

101.9.1 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 local administrative authority or, in the absence of an administrative authority, with the County Clerk. For publicly-owned work, it shall be filed with the governmental unit contracting for the work.

101.9.2 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 Ill. Adm. Code 400).

Signed: (Architect/Engineer)

SEAL ILLINOIS REGISTRATION NO:

Date:

101.9.3 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.

101.10 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.

101.11 Waiver Prohibited. The requirements of this Code cannot be waived by any party.

102 Dimensions for Adults and Children

The technical requirements are based on adult dimensions and anthropometrics. In addition, this document includes technical requirements based on children's dimensions and anthropometrics for drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work surfaces.

103 Equivalent Facilitation

Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.

104 Conventions

104.1 Dimensions. Dimensions that are not stated as "maximum" or "minimum" are absolute.

104.1.1 Construction and Manufacturing Tolerances. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.

104.2 Calculation of Percentages. Where the required number of elements or facilities to be provided is determined by calculations of ratios or percentages and remainders or fractions result, the next greater whole number of such elements or facilities shall be provided. Where the determination of the required size or dimension of an element or facility involves ratios or percentages, rounding down for values less than one half shall be permitted.

104.3 Figures. Unless specifically stated otherwise, figures are provided for informational purposes only.

Figure 104 Graphic Convention for Figures

104.4 Mandatory Terms. Use of the terms "provide" or "shall" means the provision is mandatory.

105 Referenced Standards

105.1 General. The standards listed in 105.2 are incorporated by reference in this document and are part of the requirements to the prescribed extent of each such reference.

105.2 Referenced Standards. The specific edition of the standards listed below are referenced in this document. Where differences occur between this document and the referenced standards, this document applies.

105.2.1 ANSI/BHMA. Copies of the referenced standards may be obtained from the Builders Hardware Manufacturers Association, 355 Lexington Avenue, 17th floor, New York, NY 10017 (www.buildershardware.com).

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).

105.2.2 ASME. Copies of the referenced standards may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016 (www.asme.org).

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).

105.2.3 ASTM. Copies of the referenced standards may be obtained from the American Society for Testing and Materials, 100 Bar Harbor Drive, West Conshohocken, Pennsylvania 19428 (www.astm.org).

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).

105.2.4 ICC/IBC. Copies of the referenced standard may be obtained from the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478 (www.iccsafe.org).

International Building Code, 2015 Edition (see 1005.2.1).

International Building Code, 2006 Edition, or later edition (see Definition of "Applicable Building Code").

105.2.5 NFPA. Copies of the referenced standards may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (www.nfpa.org).

NFPA 72 National Fire Alarm Code, 2013 Edition (see 702.1 and 809.5.2).

105.2.6 National Park Service, U.S. Department of the Interior. Copies of the referenced standards may be obtained from the www.nps.gov/tps/standards/rehabilitation.htm or at your local library. It is also available from the Illinois State Historic Preservation Office. The Standards and Guidelines do not include any later amendments or editions.

"Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (Revised 1992).

106 Definitions

106.1 General. For the purpose of this document, the terms defined in 106.5 have the indicated meaning.

106.2 Terms Defined in Referenced Standards. Terms not defined in 106.5 but specifically defined in a referenced standard, shall have the specified meaning from the referenced standard unless otherwise stated.

106.3 Undefined Terms. The meaning of terms not specifically defined in 106.5 or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies.

106.4 Interchangeability. Words, terms, and phrases used in the singular include the plural and those used in the plural include the singular.

106.5 Defined Terms.

Accessibility Code. As required by the Environmental Barriers Act, accessibility code means this Code.

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 Act 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 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.

CHAPTER 2: SCOPING REQUIREMENTS

201 Application

201.1 Scope. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.

201.2 Application Based on Building or Facility Use. Where a site, buildings, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use.

201.3 Temporary and Permanent Structures. These requirements shall apply to temporary and permanent buildings and facilities.

201.4 Commercial Facilities Located in Private Residences. When a commercial facility is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this Code, but that portion used exclusively in the operation of the commercial facility or that portion used both for the commercial facility and for residential purposes is covered by the new construction and alterations requirements of this Code. The portion of the residence covered by this Code extends to those elements used to enter the commercial facility, including the front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors of the commercial facility, including restrooms.

202 Existing Buildings and Facilities

202.1 General. Existing buildings or facilities shall comply with 202.

202.2 Additions. Each addition to an existing buildings or facility shall comply with the requirements for new construction. Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4. Additions to a building must provide entry from the existing building at all common levels without necessitating leaving and re-entering the addition from the outside.

202.2.1 Toilet and Bathing Facilities. If there are no toilet rooms, bathing facilities, or shower rooms in the addition and these facilities are provided in the existing building, then at least one toilet room, one bathing facility, or one shower room for each sex, or one unisex toilet room or bathing facility (when permitted by the Illinois Plumbing Code) shall comply with 603 through 608.

202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

EXCEPTIONS:

1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.

2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible. In alterations where compliance with the applicable requirements is structurally impracticable, the alteration shall comply with the requirements to the extent that it is not structurally impracticable as set forth in 203.15.

3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans With Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.

4. Where elements or spaces are altered in camping facilities, picnic facilities, viewing areas, or trailheads and the circulation path to the altered element or space is not altered, the circulation path shall not be required to comply with 1016.

5. Multi-story housing covered by 233.6 shall not be required to comply with 202.3.

6. Alterations to qualified historic buildings and facilities shall comply with 202.5.

202.3.1 Prohibited Reduction in Access. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.

202.3.2 Extent of Application. An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.

202.3.3 Parking Lots. All changes, improvements, or maintenance of existing parking lots including sealcoating, resurfacing, remarking, fencing, curbs, walks, and/or landscaping shall provide accessible parking spaces in accordance with 208. In addition, an accessible route shall be provided within the parking lot to connect the accessible parking spaces to a path of travel that leads to an accessible entrance. The accessible route shall include the connection from the parking lot onto the path of travel that leads to the accessible entrance.

202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the entrance route to the altered area and the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless the cost of the alterations to provide an accessible path of travel to the primary function area exceeds 20% of the cost of the overall alteration, or such alterations are otherwise disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the U. S. Attorney General or the U.S. Department of Transportation, as applicable. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the U.S. Department of Transportation or the U.S. Attorney General.

EXCEPTIONS:

1. Residential dwelling units and multi-story housing shall not be required to comply with 202.4.

2. Camping facilities, picnic facilities, viewing areas, trailheads, trails, and beach access routes shall not be required to comply with 202.4.

202.5 Alterations to Qualified Historic Buildings and Facilities. Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4. For projects involving alterations to qualified historic buildings only, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1992), U.S. Department of the Interior, National Park Service, Preservation Assistance Division, Washington, D.C., shall apply.

EXCEPTION: Where compliance with applicable requirements is technically infeasible or where the Illinois State Historic Preservation Office or the Accessibility Specialist at the Capital Development Board determines, pursuant to 202.5.1, that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the alternative requirements in 202.5.4 shall be permitted to apply.

Alterations to a qualified historic building or facility shall also comply with 202.5.2 and 202.5.3.

202.5.1 Determination of Alterations That Would Threaten or Destroy Historic Significance. Where alterations are undertaken to a qualified historic building or facility, if the entity undertaking the alterations believes that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility and that the alternative requirements in 202.5.4 should be used for the element or space being altered, the entity should consult with the Illinois State Historic Preservation Office (SHPO). If the Illinois SHPO agrees that compliance with the requirements for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the building or facility, the alternative requirements in 202.5.4 may be used. The determination that an alteration would threaten or destroy the historic significance of the building or facility shall be based upon the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Alterations not recommended by the Standards shall be considered to threaten or destroy the historic significance of the building or facility. In that case, the alternative requirements as defined in 202.5.4 for alterations to qualified historic buildings may be used.

202.5.2 Alterations to Historically Interpreted Buildings. If historically interpreted buildings as defined in 106.5, which are owned by either a governmental unit or are privately owned, undergo alterations to a primary function area the minimum requirements of 202.5.2.1 through 202.5.2.7 shall be met.

202.5.2.1 Accessible Route. An accessible route complying with 207.1 and Chapter 4 shall be provided to one principal level with displays open to the public.

EXCEPTION: Where providing an accessible route would threaten or destroy the historic significance of the building or facility, fully accessible permanent interpretive exhibits which are of equivalent educational and interpretative scope as the non-accessible historic parts of the building or facility shall be provided as near to the non-accessible part of the building or facility as possible.

202.5.2.2 Displays. New displays and written information shall be located and designed so that they may be seen by seated persons. New exhibits and signage displayed horizontally (such as open books) should be no higher than 44 inches (1120 mm) above the floor surface.

202.5.2.3 Toilet Facilities. If toilets are required in the facility by the Illinois Plumbing Code, at least one accessible toilet room for each sex shall be provided as near the site as possible but at least within 200 feet from the main entrance of the building or facility.

Exceptions:

1. Accessible toilet rooms are not required if the cost exceeds 20% of the overall cost of the alteration.

2. One accessible unisex toilet room may be provided in lieu of accessible toilet rooms for each sex if the accessible primary function area is less than 5,000 net square feet.

202.5.2.4 Drinking Fountains. If drinking fountains are required in the facility by the Illinois Plumbing Code, at least one accessible drinking fountain, or bottled drinking water, or a water dispensing faucet (water station), shall be provided as near the site as possible but at least within 200 feet (65 m) from the main entrance of the building or facility.

202.5.2.5 Parking Spaces. Accessible parking spaces complying with 208 and 502 shall be provided, where parking is provided. The accessible parking spaces should be located as close to the building as possible to shorten the travel distance from the spaces to the entrance.

202.5.2.6 Accessible Route from Parking. An accessible route from the accessible parking spaces, if provided, to an accessible entrance shall be provided, unless the cost to provide an accessible route exceeds 20% of the overall cost of the alteration.

202.5.2.7 Alternative Requirements. Alternative requirements for qualified historic buildings in 202.5.4 may be substituted for the applicable requirements of Chapter 2.

202.5.3 Alterations to Other Historic Buildings. If qualified historic buildings other than historically interpreted buildings covered in 202.5.2, which are owned by either a governmental unit or are privately owned, undergo alterations the minimum requirements of 202.5.3.1 through 202.5.3.3 shall be met.

202.5.3.1 Altered Elements or Spaces. The element or space being altered shall comply with the applicable requirements of Chapter 2.

202.5.3.2 Alterations to a Primary Function Area. When alterations are made to a primary function area, the following accessible features shall be provided in the following order of priority up to a maximum cost of 20% of the total cost of alterations:

1. An accessible entrance and an accessible means of egress intended for use by the general public.

2. An accessible route between an accessible entrance and accessible means of egress and the primary function area being altered.

3. At least one accessible toilet room for each sex if toilets are required in the facility by the Illinois Plumbing Code.

EXCEPTION. One accessible unisex toilet room may be provided in lieu of accessible toilet rooms for each sex if the accessible primary function area is less than 5,000 net square feet.

4. Accessible parking spaces complying with 208 and 502, where parking is provided.

5. An accessible route from a site arrival point or from the accessible parking spaces, if provided, to an accessible entrance.

202.5.3.3 Alternative Requirements. Alternative requirements in 202.5.4 may be substituted for these requirements where deemed necessary by the Illinois State Historic Preservation Office.

202.5.4 Alternative Requirements for Qualified Historic Buildings. The alternative requirements in 202.5.4.1 through 202.5.4.15 may be substituted for the applicable requirements of Chapter 2 when a qualified historic building undergoes alterations.

202.5.4.1 Changes in Level. Changes of level may be accommodated by ramps having the following maximum slopes:

1. A slope between 1:10 and 1:12 is allowed for a maximum rise of 6 inches (1830 mm).

2. A slope between 1:8 and 1:10 is allowed for a maximum rise of 3 inches (915 mm).

3. A slope between 1:6 and 1:8 is allowed for a maximum rise of 2 inches (610 mm).

4. Where access to any space in a qualified historic building will be limited to controlled groups with assigned tour guides, changes in level as provided in this subsection 202.5.4.1(1) may be accommodated by means of a detachable ramp.

202.5.4.2 Exemptions for Controlled Groups with Assigned Tour Guides. Where access to any space in a qualified historic building will be limited to controlled groups with assigned tour guides, requirements of the following Sections are waived for that space.

1. 404, Doors, except minimum widths as noted in 202.5.4.5 below, and threshold heights in 404.2.5;

2. 225 and 811, Storage;

3. 205 and 309, Controls and Operating Mechanisms, where not intended to be operated by the general public;

4. 705, Detectable Warnings; and

5. 216 and 703, Signage.

202.5.4.3 Exemption for Controlled Groups and Door Attendants. Where access to any space in a qualified historic building will be limited to controlled groups with assigned tour guides, or where a full-time door attendant or concierge is provided at the door within visual and audible communication range, there are no special requirements for door hardware or operation.

202.5.4.4 Door Hardware. The addition of adapter lever handles that retain the existing hardware will be considered to meet the Secretary of the Interior's Standards for Rehabilitation as they do not result in the removal of any historic features from the structure.

202.5.4.5 Door Width. Minimum clear door opening width for a single door or the single active leaf of a pair of doors shall meet the requirements of 404.2.3. When the alteration of an existing historic door does not meet the Secretary of the Interior's Standards for Rehabilitation, a lesser dimension may be considered to be accessible if it provides the highest level of access within the limited dimensions available. Examples of acceptable methods of providing improved access while maintaining the historic door include the following:

1. Maintain the door opening area free of any obstructions so that the clear opening can be measured with the door in a 180 degree position rather than the 90 degree position.

2. Reverse the swing of the door.

3. Remove or alter the side door stop(s).

4. Replace the existing hinges with offset hinges.

Example: A historically significant door is only 30 inches (9140 mm) wide. Because the door, associated transom and surrounding trim are all significant features of the building, altering the opening and replacing the door does not meet the Secretary of the Interior's Standards for Rehabilitation. The installation of off-set hinges and the replacement of the door stops creates a clear opening of 29-1/2 inches (8990 mm), but otherwise retains all of the historic features of the building. In these circumstances, the modified front entry door would be considered to be accessible.

202.5.4.6 Width of Pairs of Doors. For pairs of doors where an individual leaf does not provide the minimum clear opening, the following options provide improved access:

1. Activating the second leaf; or

2. Adding a power operator that activates both leaves.

202.5.4.7 Entrances. If it is determined that no entrance used by the public can comply with 206.4 without threatening or destroying the historic character of the building or facility, then access at any entrance not used by the general public, but open (unlocked) with directional signage at the primary entrance may be used. The accessible entrance shall also have a notification system. Where security is a problem, remote monitoring may be used.

202.5.4.8 Accessible Routes from Entrances. Accessible routes from an accessible entrance to all publicly used spaces on at least the level of the accessible entrance shall be provided. Access shall be provided to all levels of a building or facility in compliance with 207.1 and Chapter 4 whenever practical, and where such access would not threaten or destroy the historic character of the building or facility.

202.5.4.9 Stairs. Where the alterations to a historic stair do not meet the Secretary of the Interior's Standards for Rehabilitation (as determined by the Illinois State Historic Preservation Office), the requirements of 504 are waived.

Example: The addition of a modern complying handrail on the wall side of a historic stair may meet the minimum requirement for a necessary handrail without alterations to the historic railing and balustrade, thus meeting the Secretary of the Interior's Standards for Rehabilitation. In many instances it may also be possible to install a new code compliant handrail on top of the historic railing and balustrade.

202.5.4.10 Stair Handrail Extensions. Full extension of stair handrails shall not be required in alterations where such extensions would be hazardous or impossible due to plan configuration.

202.5.4.11 Elevator Doors. If safety door edge is provided in existing automatic elevators, then the automatic door protective and reopening devices as required in 407.3.3 may be omitted.

202.5.4.12 Elevator Dimensions. Where existing shaft or structural elements prohibit strict compliance with the minimum dimensions of the elevator cars as required in 407.4.1, then the minimum floor area dimensions may be reduced to no less than 48 inches by 48 inches (1220 mm by 1220 mm).

202.5.4.13 Assembly Seating Dispersion. In alterations to qualified historic buildings where it is technically infeasible to disperse seating throughout an assembly area, the seating may be located in collected areas. Seating shall adjoin an accessible route which also serves as a means of emergency egress.

202.5.4.14 Elevator Features. Where historic elevator features such as call buttons, hall lanterns, and control panels cannot comply with 407, the addition of new compliant controls that retain the existing will be considered to meet the Secretary of the Interior's Standards for Rehabilitation as they do not result in the removal of the historic elevator features.

202.5.4.15 Signage. Where historic signage including exit signs, directional, informational, and permanent room signage, cannot comply with 216 and 703, the addition of new compliant signage that retains the existing will be considered to meet the Secretary of the Interior's Standards for Rehabilitation as it does not result in the removal of the historic signage.

202.5.4.16 Site Arrival Points. At least one accessible route from a site arrival point to an accessible entrance shall be required.

202.6 Governmental Units in Public Facilities. A governmental unit shall not enter into a new or renewal agreement to lease, rent, or use, in whole or in part, any public facility which does not comply with this Code.

203 General Exceptions

203.1 General. Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by 203.

203.2 Construction Sites. Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, and construction trailers shall not be required to comply with these requirements or to be on an accessible route. Portable toilet units provided for use exclusively by construction personnel on a construction site shall not be required to comply with 213 or to be on an accessible route.

203.3 Raised Areas. Areas raised primarily for purposes of security, life safety, or fire safety, including but not limited to, observation or lookout galleries, prison guard towers, fire towers, or life guard stands shall not be required to comply with these requirements or to be on an accessible route.

203.4 Limited Access Spaces. Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways shall not be required to comply with these requirements or to be on an accessible route.

203.5 Machinery Spaces. Spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment shall not be required to comply with these requirements or to be on an accessible route. Machinery spaces include, but are not limited to, elevator pits or elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; water or sewage treatment pump rooms and stations; electric substations and transformer vaults; and highway and tunnel utility facilities.

203.6 Single Occupant Structures. Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels, shall not be required to comply with these requirements or to be on an accessible route.

203.7 Detention and Correctional Facilities. In detention and correctional facilities, common use areas that are used only by inmates or detainees and security personnel and that do not serve holding cells or housing cells required to comply with 232, shall not be required to comply with these requirements or to be on an accessible route.

203.8 Residential Facilities. In residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall not be required to comply with these requirements or to be on an accessible route. This exemption does not apply to multi-story housing covered by 233.6.

203.9 Employee Work Areas. Spaces and elements within employee work areas shall only be required to comply with 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area. Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than 300 square feet (28 m2) and elevated 7 inches (180 mm) or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.

203.10 Raised Refereeing, Judging, and Scoring Areas. Raised structures used solely for refereeing, judging, or scoring a sport shall not be required to comply with these requirements or to be on an accessible route.

203.11 Water Slides. Water slides shall not be required to comply with these requirements or to be on an accessible route.

203.12 Animal Containment Areas. Animal cages, pens, corrals, and similar areas in which animals are contained shall be on an accessible route but shall not otherwise be required to comply with these requirements. Public circulation routes where animals may travel, such as in petting zoos and passageways alongside animal pens in State fairs, are not eligible for this exception.

203.13 Raised Boxing or Wrestling Rings. Raised boxing or wrestling rings shall not be required to comply with these requirements or to be on an accessible route.

203.14 Raised Diving Boards and Diving Platforms. Raised diving boards and diving platforms shall not be required to comply with these requirements or to be on an accessible route.

203.15 Structural Impracticability. Full compliance with the requirements for new construction is not required in those rare circumstances when the unique characteristics of terrain prevent the incorporation of all required accessibility features. If full compliance is structurally impracticable, compliance shall be required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. If providing accessibility in conformance to these requirements to people with certain disabilities (e.g., people who use a wheelchair) would be structurally impracticable, accessibility shall nonetheless be provided for people with other disabilities (e.g., people who use crutches, or people who have a vision, hearing, or mental impairment) in accordance with these requirements.

204 Protruding Objects

204.1 General. Protruding objects on circulation paths shall comply with 307.

EXCEPTIONS:

1. Within areas of sport activity, protruding objects on circulation paths shall not be required to comply with 307.

2. Within play areas, protruding objects on circulation paths shall not be required to comply with 307 provided that ground level accessible routes provide vertical clearance in compliance with 1008.2.

205 Operable Parts

205.1 General. Operable parts on accessible elements, accessible route, and in accessible rooms and spaces shall comply with 309.

EXCEPTIONS:

1. Operable parts that are intended for use only by service or maintenance personnel shall not be required to comply with 309.

2. Electrical or communication receptacles serving a dedicated use shall not be required to comply with 309.

3. Where two or more outlets are provided in a kitchen above a length of counter top that is uninterrupted by a sink or appliance, one outlet shall not be required to comply with 309.

4. Floor electrical receptacles shall not be required to comply with 309.

5. HVAC diffusers shall not be required to comply with 309.

6. Except for light switches, where redundant controls are provided for a single element, one control in each space shall not be required to comply with 309.

7. Cleats and other boat securement devices shall not be required to comply with 309.3.

8. Exercise machines and exercise equipment shall not be required to comply with 309.

206 Accessible Routes

206.1 General. Accessible routes shall be provided in accordance with 206 and shall comply with Chapter 4.

EXCEPTIONS:

1. Accessible routes shall not be required where outdoor recreation access routes are provided at camping facilities in accordance with 244.5, picnic facilities in accordance with 245.4, viewing areas in accordance with 246.3, or trailheads in accordance with 247.3.2.

2. Accessible routes shall not be required where at camping facilities, picnic facilities, viewing areas, or outdoor constructed features are provided on trails.

3. Accessible routes shall not be required where beach access routes are provided in accordance with 248.

206.2 Where Required. Accessible routes shall be provided where required by 206.2.

206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

EXCEPTIONS:

1. [Deleted].

2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access. Access from site arrival points is permitted to include vehicular ways. Where a vehicular ways, or a portion of a vehicular ways, is provided for pedestrian travel, such as within a shopping center or shopping mall parking lot, this exception shall not apply.

206.2.2 Within a Site. At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. For areas of sport activity, an accessible route is required to connect to the boundary of each area of sport activity. The size of an area of sport activity includes only the space needed to play. Where multiple sports fields or courts are provided, an accessible route is required to each field or area of sport activity.

EXCEPTION: An accessible route shall not be required between accessible buildings, accessible facilities, accessible elements, and accessible spaces where all of the following conditions apply:

1. The only means of access between them is a vehicular way not providing pedestrian access; and

2. Due to circumstances outside the control of the owner, either the slope of the finished ground level between accessible facilities and buildings exceeds 1:12, or physical barriers or legal restrictions prevent the installation of an accessible route; and

3. Parking that complies with 208 and 502 is provided at each accessible building, facility, element, or space.

206.2.3 Multi-Story Buildings and Facilities. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.

EXCEPTIONS:

1. An accessible route is not required to a basement, second story or mezzanine space if all of the following conditions in 1.1 and 1.2 are met; provided, however, that this exception shall not apply to levels containing offices of health care providers, terminals, depots or other stations used for specified public transportation, airport passenger terminals, shopping centers, or shopping malls, buildings designed, constructed or altered by or for the use of a public entity, or buildings owned by the State of Illinois or any governmental unit.

1.1 The basement, second story and mezzanine space are each 1,000 square feet (93 m2) or less in area; and

1.2 The exempt area consists of the following type of space: (1) the second story of a two-story building with or without a basement; or (2) the mezzanine of a one-story building with or without a basement; or (3) the basement of a one-story or a two-story building.

2. [Deleted].

3. In detention and correctional facilities, an accessible route shall not be required to connect stories where cells with mobility features required to comply with 807.2, all common use areas serving cells with mobility features required to comply with 807.2, and all public use areas are on an accessible route.

4. In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with 809.2 through 809.4, all common use areas serving residential dwelling units with mobility features required to comply with 809.2 through 809.4, and public use areas serving residential dwelling units are on an accessible route. This exemption does not apply to multi-story housing covered by 233.6.

5. Within multi-story transient lodging guest rooms with mobility features required to comply with 806.2, an accessible route shall not be required to connect stories provided that spaces complying with 806.2 and all common areas such as kitchens and living rooms are located on an accessible route and sleeping accommodations for two persons minimum are provided on a story served by an accessible route. An accessible route must connect the accessible entrance of the guest room to the common areas and all accessible sleeping accommodations.

6. In air traffic control towers, an accessible route shall not be required to serve the cab and the floor immediately below the cab.

7. [Deleted – see 202.5].

8. Spaces greater than 1,000 square feet (93 m2) but less than 3,000 square feet (280 m2) in area that are used exclusively for archival storage or for product storage in a business or mercantile occupancy shall not be required to be on an accessible route.

206.2.3.1 Stairs and Escalators in Existing Buildings. In alterations and additions, where an escalator or stair is provided where none existed previously and major structural modifications are necessary for the installation, an accessible route shall be provided between the levels served by the escalator or stair unless exempted by 206.2.3 Exceptions 1 through 8.

206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements and with all accessible dwelling units within the building or facility which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 8. An accessible route shall also connect at least one accessible entrance of each accessible dwelling unit with those exterior and interior spaces and facilities that serve the accessible dwelling unit.

EXCEPTIONS:

1. Raised courtroom stations, including judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations shall not be required to provide vertical access provided that the required clear floor space, maneuvering space, and, if appropriate, electrical service are installed at the time of initial construction to allow future installation of a means of vertical access complying with 405, 407, 408, or 410 without requiring substantial reconstruction of the space.

2. In assembly areas with fixed seating required to comply with 221, an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible route are not provided.

3. Accessible routes shall not be required to connect stories or mezzanines where multi-story buildings or facilities are exempted by 206.2.3 Exceptions 1 through 8.

206.2.5 Restaurants, Cafeterias, and Banquet Rooms. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas. In banquet rooms or spaces where a head table or speaker's lectern is located on a raised platform, an accessible route shall be provided to the platform. Open edges of a raised platform shall be protected by placement of tables or by a curb.

EXCEPTIONS:

1. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.

2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.

3. In sports facilities, tiered dining areas providing seating required to comply with 221 shall be required to have accessible routes serving at least 25 percent of the dining area provided that accessible routes serve seating complying with 221 and each tier is provided with the same services.

206.2.6 Performance Areas. Where a circulation path directly connects a performance area to an assembly seating area, an accessible route shall directly connect the assembly seating area with the performance area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers unless exempted by 206.2.3 Exceptions 1 through 8.

206.2.7 Press Boxes. Press boxes in assembly areas shall be on an accessible route.

EXCEPTIONS:

1. An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

2. An accessible route shall not be required to free-standing press boxes that are elevated above grade 12 feet (3660 mm) minimum provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

206.2.8 Employee Work Areas. Common use circulation paths within employee work areas shall comply with 402.

EXCEPTIONS:

1. Common use circulation paths located within employee work areas that are less than 1000 square feet (93 m2) and defined by permanently installed partitions, counters, casework, or furnishings shall not be required to comply with 402.

2. Common use circulation paths located within employee work areas that are an integral component of work area equipment shall not be required to comply with 402.

3. Common use circulation paths located within exterior employee work areas that are fully exposed to the weather shall not be required to comply with 402.

206.2.9 Amusement Rides. Amusement rides required to comply with 234 shall provide accessible routes in accordance with 206.2.9. Accessible routes serving amusement rides shall comply with Chapter 4 except as modified by 1002.2.

206.2.9.1 Load and Unload Areas. Load and unload areas shall be on an accessible route. Where load and unload areas have more than one loading or unloading position, at least one loading and unloading position shall be on an accessible route.

206.2.9.2 Wheelchair Spaces, Ride Seats Designed for Transfer, and Transfer Devices. When amusement rides are in the load and unload position, wheelchair spaces complying with 1002.4, amusement ride seats designed for transfer complying with 1002.5, and transfer devices complying with 1002.6 shall be on an accessible route.

206.2.10 Recreational Boating Facilities. Boat slips required to comply with 235.2 and boarding piers at boat launch ramps required to comply with 235.3 shall be on an accessible route. Accessible routes serving recreational boating facilities shall comply with Chapter 4, except as modified by 1003.2.

206.2.11 Bowling Lanes. Where bowling lanes are provided, at least 5 percent, but no fewer than one of each type of bowling lane, shall be on an accessible route.

206.2.12 Court Sports. In court sports, at least one accessible route shall directly connect both sides of the court.

206.2.13 Exercise Machines and Equipment. Exercise machines and equipment required to comply with 236 shall be on an accessible route.

206.2.14 Fishing Piers and Platforms. Fishing piers and platforms shall be on an accessible route. Accessible routes serving fishing piers and platforms shall comply with Chapter 4 except as modified by 1005.1.

206.2.15 Golf Facilities. At least one accessible route shall connect accessible elements and spaces within the boundary of the golf course. In addition, accessible routes serving golf car rental areas; bag drop areas; course weather shelters complying with 238.2.3; course toilet rooms; and practice putting greens, practice teeing grounds, and teeing stations at driving ranges complying with 238.3 shall comply with Chapter 4 except as modified by 1006.2.

EXCEPTION: Golf car passages complying with 1006.3 shall be permitted to be used for all or part of accessible routes required by 206.2.15.

206.2.16 Miniature Golf Facilities. Holes required to comply with 239.2, including the start of play, shall be on an accessible route. Accessible routes serving miniature golf facilities shall comply with Chapter 4 except as modified by 1007.2.

206.2.17 Play Areas. Play areas shall provide accessible routes in accordance with 206.2.17. Accessible routes serving play areas shall comply with Chapter 4 except as modified by 1008.2.

206.2.17.1 Ground Level and Elevated Play Components. At least one accessible route shall be provided within the play area. The accessible route shall connect ground level play components required to comply with 240.2.1 and elevated play components required to comply with 240.2.2, including entry and exit points of the play components.

206.2.17.2 Soft Contained Play Structures. Where three or fewer entry points are provided for soft contained play structures, at least one entry point shall be on an accessible route. Where four or more entry points are provided for soft contained play structures, at least two entry points shall be on an accessible route.

206.3 Location. Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior.

206.4 Entrances. Entrances shall be provided in accordance with 206.4. Entrance doors, doorways, and gates shall comply with 404 and shall be on an accessible route complying with 402.

EXCEPTIONS:

1. Where an alteration includes alterations to an entrance, and the building or facility has another entrance complying with 404 that is on an accessible route, the altered entrance shall not be required to comply with 206.4 unless required by 202.4.

2. [Deleted].

206.4.1 Public Entrances. In addition to entrances required by 206.4.2 through 206.4.9, at least 60 percent of all public entrances shall comply with 404.

EXCEPTION: In multi-story housing covered by 233.6, at least 50 percent of all public entrances shall comply with 404.

206.4.2 Parking Structure Entrances. Where direct access is provided for pedestrians from a parking structure to a building or facility entrance, each direct access to the building or facility entrance shall comply with 404.

206.4.3 Entrances from Tunnels or Elevated Walkways. Where direct access is provided for pedestrians from a pedestrian tunnel or elevated walkway to a building or facility, at least one direct entrance to the building or facility from each tunnel or walkway shall comply with 404.

206.4.4 Transportation Facilities. In addition to the requirements of 206.4.2, 206.4.3, and 206.4.5 through 206.4.9, transportation facilities shall provide entrances in accordance with 206.4.4.

206.4.4.1 Location. In transportation facilities, where different entrances serve different transportation fixed routes or groups of fixed routes, at least one public entrance serving each fixed route or group of fixed routes shall comply with 404.

EXCEPTION: Entrances to key stations and existing intercity rail stations retrofitted in accordance with 49 CFR 37.49 or 49 CFR 37.51 shall not be required to comply with 206.4.4.1.

206.4.4.2 Direct Connections. Direct connections to other facilities shall provide an accessible route complying with 404 from the point of connection to boarding platforms and all transportation system elements required to be accessible. Any elements provided to facilitate future direct connections shall be on an accessible route connecting boarding platforms and all transportation system elements required to be accessible.

EXCEPTION: In key stations and existing intercity rail stations, existing direct connections shall not be required to comply with 404.

206.4.4.3 Key Stations and Intercity Rail Stations. Key stations and existing intercity rail stations required by Subpart C of 49 CFR 37 to be altered shall have at least one entrance complying with 404.

206.4.5 Tenant Spaces. At least one accessible entrance to each tenancy in a facility shall comply with 404.

EXCEPTION: Self-service storage facilities not required to comply with 225.3 shall not be required to be on an accessible route.

206.4.6 Residential Dwelling Unit Primary Entrance. In residential dwelling units, at least one primary entrance shall comply with 404. The primary entrance to a residential dwelling unit shall not be to a bedroom.

206.4.7 Restricted Entrances. Where restricted entrances are provided to a building or facility, at least one restricted entrance to the building or facility shall comply with 404.

206.4.8 Service Entrances. If a service entrance is the only entrance to a building or to a tenancy in a facility, that entrance shall comply with 404.

206.4.9 Entrances for Inmates or Detainees. Where entrances used only by inmates or detainees and security personnel are provided at judicial facilities, detention facilities, or correctional facilities, at least one such entrance shall comply with 404.

206.5 Doors, Doorways, and Gates. Doors, doorways, and gates providing user passage shall be provided in accordance with 206.5.

206.5.1 Entrances. Each entrance to a building or facility required to comply with 206.4 shall have at least one door, doorway, or gate complying with 404.

206.5.2 Rooms and Spaces. Within a building or facility, all doors, doorways, and gates on an accessible route which serve accessible rooms or spaces shall comply with 404.

206.5.3 Transient Lodging Facilities. In transient lodging facilities, entrances, doors, and doorways providing user passage into and within guest rooms that are not required to provide mobility features complying with 806.2 shall comply with 404.2.3 and the door handles and pulls shall comply with 404.2.7.

EXCEPTION: Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3.

206.5.4 Residential Dwelling Units. In residential dwelling units required to provide mobility features complying with 809.2 through 809.4, all doors and doorways providing user passage shall comply with 404.

206.6 Elevators. Elevators provided for passengers shall comply with 407. Where multiple elevators are provided, each elevator shall comply with 407.

EXCEPTIONS:

1. In a building or facility permitted to use the exceptions to 206.2.3 or permitted by 206.7 to use a platform lift, elevators complying with 408 shall be permitted.

2. Elevators complying with 408 or 409 shall be permitted in multi-story residential dwelling units.

3. Elevators complying with 408 shall be permitted to provide access to the second story or the mezzanine of a two-story building, or to the basement or mezzanine space of a one-story building, where each story is more than 1000 square feet (93 m2) and less than 3000 square feet (279 m2), and is not a shopping center, shopping mall or the professional office of a health care provider.

206.6.1 Existing Elevators. Where elements of existing elevators are altered, the same element shall also be altered in all elevators that are programmed to respond to the same hall call control as the altered elevator and shall comply with the requirements of 407 for the altered element.

206.7 Platform Lifts. Platform lifts shall comply with 410. Platform lifts shall be permitted as a component of an accessible route in new construction in accordance with 206.7. Platform lifts shall be permitted as a component of an accessible route in an existing building or facility.

206.7.1 Performance Areas and Speakers' Platforms. Platform lifts shall be permitted to provide accessible routes to performance areas, head tables in banquet rooms and spaces, and speakers' platforms.

206.7.2 Wheelchair Spaces. Platform lifts shall be permitted to provide an accessible route to comply with the wheelchair space dispersion and line-of-sight requirements of 221 and 802.

206.7.3 Incidental Spaces. Platform lifts shall be permitted to provide an accessible route to incidental spaces which are not public use spaces and which are occupied by five persons maximum.

206.7.4 Judicial Spaces. Platform lifts shall be permitted to provide an accessible route to: jury boxes and witness stands; raised courtroom stations including, judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations; and to depressed areas such as the well of a court.

206.7.5 Existing Site Constraints. Platform lifts shall be permitted where existing exterior site constraints make use of a ramp or elevator infeasible.

206.7.6 Guest Rooms and Residential Dwelling Units. Platform lifts shall be permitted to connect levels within transient lodging guest rooms required to provide mobility features complying with 806.2 or residential dwelling units required to provide mobility features complying with 809.2 through 809.4.

206.7.7 Amusement Rides. Platform lifts shall be permitted to provide accessible routes to load and unload areas serving amusement rides.

206.7.8 Play Areas. Platform lifts shall be permitted to provide accessible routes to play components or soft contained play structures.

206.7.9 Team or Player Seating. Platform lifts shall be permitted to provide accessible routes to team or player seating areas serving areas of sport activity.

206.7.10 Recreational Boating Facilities and Fishing Piers and Platforms. Platform lifts shall be permitted to be used instead of gangways that are part of accessible routes serving recreational boating facilities and fishing piers and platforms.

206.8 Security Barriers. Security barriers, including but not limited to, security bollards and security check points, shall not obstruct a required accessible route or accessible means of egress.

EXCEPTION: Where security barriers incorporate elements that cannot comply with these requirements such as certain metal detectors, fluoroscopes, or other similar devices, the accessible route shall be permitted to be located adjacent to security screening devices. The accessible route shall permit persons with disabilities passing around security barriers to maintain visual contact with their personal items to the same extent provided others passing through the security barrier.

207 Accessible Means of Egress

207.1 General. Means of egress shall comply with 207 and 506.

EXCEPTIONS:

1. Where means of egress are permitted by the applicable building code to share a common path of egress travel, accessible means of egress shall be permitted to share a common path of egress travel.

2. Areas of refuge shall not be required in detention and correctional facilities.

207.2 Platform Lifts. Standby power shall be provided for platform lifts permitted by 506.5 to serve as a part of an accessible means of egress.

208 Parking Spaces

208.1 General. Where parking spaces are provided for the public, for visitors or for employees, parking spaces shall be provided in accordance with 208.

EXCEPTION: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound shall not be required to comply with 208 provided that lots accessed by the public are provided with a passenger loading zone complying with 503.

208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

Table 208.2 Parking Spaces

Total Number of Parking Spaces Provided in Parking Facility

Minimum Number of Required Accessible Parking Spaces

1 to 25

1

26 to 50

2

51 to 75

3

76 to 100

4

101 to 150

5

151 to 200

6

201 to 300

7

301 to 400

8

401 to 500

9

501 to 1000

2 percent of total

1001 and over

20, plus 1 for each 100, or

fraction thereof, over 1000

208.2.1 Hospital Outpatient Facilities. Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall comply with 502.

208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities. Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with 502.

208.2.3 Residential Facilities Owned or Financed by Governmental Entities. Parking spaces provided to serve residential facilities owned or financed by governmental entities shall comply with 208.2.3.

208.2.3.1 Parking for Residents. Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with 502 shall be provided for each residential dwelling unit required to provide mobility features complying with 809.2 through 809.4.

208.2.3.2 Additional Parking Spaces for Residents. Where the total number of parking spaces provided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by 208.2.3.1 shall comply with 502.

208.2.3.3 Parking for Guests, Employees, and Other Non-Residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with Table 208.2.

208.2.4 Vertical Clearance at Parking Spaces. For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall have a vertical clearance complying with 502.5.

208.3 Location. Parking facilities shall comply with 208.3.

208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

EXCEPTIONS:

1. All parking spaces required by 208.2.4 shall be permitted to be grouped on one level within a multi-story parking facility.

2. Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

208.3.2 Residential Facilities. In residential facilities containing residential dwelling units required to provide mobility features complying with 809.2 through 809.4, parking spaces provided in accordance with 208.2.3.1 shall be located on the shortest accessible route to the residential dwelling unit entrance they serve. Spaces provided in accordance with 208.2.3.2 shall be dispersed throughout all types of parking provided for the residential dwelling units.

EXCEPTION: Parking spaces provided in accordance with 208.2.3.2 shall not be required to be dispersed throughout all types of parking if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance, parking fee, and user convenience.

209 Passenger Loading Zones and Bus Stops

209.1 General. Passenger loading zones shall be provided in accordance with 209.

209.2 Type. Where provided, passenger loading zones shall comply with 209.2.

209.2.1 Passenger Loading Zones. Passenger loading zones, except those required to comply with 209.2.2 and 209.2.3, shall provide at least one passenger loading zone complying with 503 in every continuous 100 linear feet (30 m) of loading zone space, or fraction thereof.

209.2.2 Bus Loading Zones. In bus loading zones restricted to use by designated or specified public transportation vehicles, each bus bay, bus stop, or other area designated for lift or ramp deployment shall comply with 810.2.

209.2.3 On-Street Bus Stops. On-street bus stops shall comply with 810.2 to the maximum extent practicable.

209.3 Medical Care and Long-Term Care Facilities. At least one passenger loading zone complying with 503 shall be provided at an accessible entrance to licensed medical care and licensed long-term care facilities where the period of stay exceeds twenty-four hours.

209.4 Valet Parking. Parking facilities that provide valet parking services shall provide at least one passenger loading zone complying with 503.

209.5 Mechanical Access Parking Garages. Mechanical access parking garages shall provide at least one passenger loading zone complying with 503 at vehicle drop-off and vehicle pick-up areas.

210 Stairways

210.1 General. Interior and exterior stairs that are part of a means of egress shall comply with 504.

EXCEPTIONS:

1. In detention and correctional facilities, stairs that are not located in public use areas shall not be required to comply with 504.

2. In alterations, stairs between levels that are connected by an accessible route shall not be required to comply with 504, except that handrails complying with 505 shall be provided when the stairs are altered.

3. In assembly areas, aisle stairs shall not be required to comply with 504.

4. Stairs that connect play components shall not be required to comply with 504.

211 Drinking Fountains

211.1 General. Where drinking fountains are provided on an exterior site, on a floor, or within a secured area they shall be provided in accordance with 211.

EXCEPTION: In detention or correctional facilities, drinking fountains only serving holding or housing cells not required to comply with 232 shall not be required to comply with 211.

211.2 Minimum Number. No fewer than two drinking fountains shall be provided. One drinking fountain shall comply with 602.1 through 602.6 and one drinking fountain shall comply with 602.7.

EXCEPTION: Where a single drinking fountain complies with 602.1 through 602.6 and 602.7, it shall be permitted to be substituted for two separate drinking fountains.

211.3 More Than Minimum Number. Where more than the minimum number of drinking fountains specified in 211.2 are provided, 50 percent of the total number of drinking fountains provided shall comply with 602.1 through 602.6, and 50 percent of the total number of drinking fountains provided shall comply with 602.7.

EXCEPTION: Where 50 percent of the drinking fountains yields a fraction, 50 percent shall be permitted to be rounded up or down provided that the total number of drinking fountains complying with 211 equals 100 percent of drinking fountains.

211.4 Bottle Fillers. Where a bottle filler is provided, the bottle filler shall be on an accessible route and shall comply with 308 and 309.

212 Kitchens, Kitchenettes, and Sinks

212.1 General. Where provided, kitchens, kitchenettes, and sinks shall comply with 212.

212.2 Kitchens and Kitchenettes. Kitchens and kitchenettes shall comply with 804.

212.3 Sinks. Where sinks are provided, at least 5 percent, but no fewer than one, of each type provided in each accessible room or space shall comply with 606.

EXCEPTIONS:

1. Mop or service sinks shall not be required to comply with 212.3.

2. In camping facilities and picnic facilities, sinks shall not be required to comply with 212.3 where a cooktop or conventional range is not provided.

213 Toilet Facilities and Bathing Facilities

213.1 General. Where toilet facilities and bathing facilities are provided, they shall comply with 213. Where toilet facilities and bathing facilities are provided in facilities permitted by Exception 1 not to connect stories by an accessible route, toilet facilities and bathing facilities shall be provided on a story connected by an accessible route to an accessible entrance.

EXCEPTION: Pit toilets provided on trails and in camping facilities shall not be required to comply with 213.

213.2 Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with 603. Where bathing rooms are provided, each bathing room shall comply with 603.

EXCEPTIONS:

1. In alterations where it is technically infeasible to comply with 603, altering existing toilet or bathing rooms shall not be required where a single unisex toilet room or bathing room complying with 213.2.1 is provided and located in the same area and on the same floor as existing inaccessible toilet or bathing rooms.

2. [Deleted].

3. Where multiple single user portable toilet or bathing units are clustered at a single location, no more than 5 percent of the toilet units and bathing units at each cluster shall be required to comply with 603. Portable toilet units and bathing units complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1.

4. Where multiple single user toilet rooms are clustered at a single location, no more than 50 percent of the single user toilet rooms for each use at each cluster shall be required to comply with 603.

213.2.1 Unisex (Single-Use or Family) Toilet and Unisex Bathing Rooms. Unisex toilet rooms shall contain no more than one lavatory, and two water closets without urinals or one water closet and one urinal. Unisex bathing rooms shall contain one shower or one shower and one bathtub, one lavatory, and one water closet. Doors to unisex toilet rooms and unisex bathing rooms shall have privacy latches.

213.3 Plumbing Fixtures and Accessories. Plumbing fixtures and accessories provided in a toilet room or bathing room required to comply with 213.2 shall comply with 213.3.

213.3.1 Toilet Compartments. Where toilet compartments are provided, at least one toilet compartment shall comply with 604.8.1. In addition to the compartment required to comply with 604.8.1, at least one compartment shall comply with 604.8.2 where six or more toilet compartments are provided, or where the combination of urinals and water closets totals six or more fixtures.

213.3.2 Water Closets. Where water closets are provided, at least one shall comply with 604.

213.3.3 Urinals. Where more than one urinal is provided, at least one shall comply with 605.

213.3.4 Lavatories. Where lavatories are provided, at least one shall comply with 606 and shall not be located in a toilet compartment.

213.3.5 Mirrors. Where mirrors are provided, at least one shall comply with 603.3.

213.3.6 Bathing Facilities. Where bathtubs or showers are provided, at least one bathtub complying with 607 or at least one shower complying with 608 shall be provided.

213.3.7 Coat Hooks and Shelves. Where coat hooks or shelves are provided in toilet rooms without toilet compartments, at least one of each type shall comply with 603.4. Where coat hooks or shelves are provided in toilet compartments, at least one of each type complying with 604.8.3 shall be provided in toilet compartments required to comply with 213.3.1. Where coat hooks or shelves are provided in bathing facilities, at least one of each type complying with 603.4 shall serve fixtures required to comply with 213.3.6.

214 Washing Machines and Clothes Dryers

214.1 General. Where provided, washing machines and clothes dryers shall comply with 214.

214.2 Washing Machines. Where three or fewer washing machines are provided, at least one shall comply with 611. Where more than three washing machines are provided, at least two shall comply with 611.

214.3 Clothes Dryers. Where three or fewer clothes dryers are provided, at least one shall comply with 611. Where more than three clothes dryers are provided, at least two shall comply with 611.

215 Fire Alarm Systems

215.1 General. Where fire alarm systems provide audible alarm coverage, alarms shall comply with 215.

EXCEPTION: In existing facilities, visible alarms shall not be required except where an existing fire alarm system is upgraded or replaced, or a new fire alarm system is installed.

215.2 Public and Common Use Areas. Alarms in public use areas and common use areas shall comply with 702.

215.3 Employee Work Areas. Where employee work areas have audible alarm coverage, visible alarms complying with 702 shall be provided.

215.4 Transient Lodging. Transient lodging guest rooms required to comply with 224.4 shall provide alarms complying with 702.

215.5 Residential Facilities. Where provided in residential dwelling units required to comply with 809.5, alarms shall comply with 702.

216 Signs

216.1 General. Signs shall be provided in accordance with 216 and shall comply with 703.

EXCEPTIONS:

1. Building directories, menus, seat and row designations in assembly areas, occupant names, building addresses, and company names and logos shall not be required to comply with 216.

2. In parking facilities, signs shall not be required to comply with 216.2, 216.3, and 216.6 through 216.12.

3. Temporary, 7 days or less, signs shall not be required to comply with 216.

4. In detention and correctional facilities, signs not located in public use areas or employee-only areas shall not be required to comply with 216.

216.2 Designations. Interior and exterior signs identifying permanent rooms and spaces shall comply with 703.1, 703.2, and 703.5. Where pictograms are provided as designations of permanent interior rooms and spaces, the pictograms shall comply with 703.6 and shall have text descriptors complying with 703.2 and 703.5.

EXCEPTION: Exterior signs that are not located at the door to the space they serve shall not be required to comply with 703.2.

216.3 Directional and Informational Signs. Signs that provide direction to or information about interior spaces and facilities of the site shall comply with 703.5.

216.4 Means of Egress. Signs for means of egress shall comply with 216.4.

216.4.1 Exit Doors. Doors at exit passageways, exit discharge, and exit stairways shall be identified by tactile signs complying with 703.1, 703.2, and 703.5.

216.4.2 Areas of Refuge. Signs required by 506.11 to provide instructions in areas of refuge shall comply with 703.5.

216.4.3 Directional Signs. Signs required by 506.10 to provide directions to accessible means of egress shall comply with 703.5.

216.5 Parking. Parking spaces complying with 502 shall be identified by signs complying with 502.6.

EXCEPTIONS:

1. [Deleted].

2. In residential facilities, where parking spaces are assigned to specific residential dwelling units, identification of accessible parking spaces shall not be required.

216.6 Entrances. Where not all entrances comply with 404, entrances complying with 404 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Directional signs complying with 703.5 that indicate the location of the nearest entrance complying with 404 shall be provided at entrances that do not comply with 404.

216.7 Elevators. Where existing elevators do not comply with 407, elevators complying with 407 shall be clearly identified with the International Symbol of Accessibility complying with 703.7.2.1.

216.8 Toilet Rooms and Bathing Rooms. Where existing toilet rooms or bathing rooms do not comply with 603, directional signs indicating the location of the nearest toilet room or bathing room complying with 603 within the facility shall be provided. Signs shall comply with 703.5 and shall include the International Symbol of Accessibility complying with 703.7.2.1. Where existing toilet rooms or bathing rooms do not comply with 603, the toilet rooms or bathing rooms complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Where clustered single user toilet rooms or bathing facilities are permitted to use exceptions to 213.2, toilet rooms or bathing facilities complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1 unless all toilet rooms and bathing facilities comply with 603.

216.9 TTYs. Identification and directional signs for public TTYs shall be provided in accordance with 216.9.

216.9.1 Identification Signs. Public TTYs shall be identified by the International Symbol of TTY complying with 703.7.2.2.

216.9.2 Directional Signs. Directional signs indicating the location of the nearest public TTY shall be provided at all banks of public pay telephones not containing a public TTY. In addition, where signs provide direction to public pay telephones, they shall also provide direction to public TTYs. Directional signs shall comply with 703.5 and shall include the International Symbol of TTY complying with 703.7.2.2.

216.10 Assistive Listening Systems. Each assembly area required by 219 to provide assistive listening systems shall provide signs informing patrons of the availability of the assistive listening system. Assistive listening signs shall comply with 703.5 and shall include the International Symbol of Access for Hearing Loss complying with 703.7.2.4.

EXCEPTION: Where ticket offices or windows are provided, signs shall not be required at each assembly area provided that signs are displayed at each ticket office or window informing patrons of the availability of assistive listening systems.

216.11 Check-Out Aisles. Where more than one check-out aisle is provided, check-out aisles complying with 904.3 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Where check-out aisles are identified by numbers, letters, or functions, signs identifying check-out aisles complying with 904.3 shall be located in the same location as the check-out aisle identification.

EXCEPTION: Where all check-out aisles serving a single function comply with 904.3, signs complying with 703.7.2.1 shall not be required.

216.12 Amusement Rides. Signs identifying the type of access provided on amusement rides shall be provided at entries to queues and waiting lines. In addition, where accessible unload areas also serve as accessible load areas, signs indicating the location of the accessible load and unload areas shall be provided at entries to queues and waiting lines.

216.13 Trailhead Signs. Where new trail information signs are provided at trailheads on newly constructed or altered trails designed for use by hikers or pedestrians, the signs shall comply with 1017.10.

217 Telephones

217.1 General. Where coin-operated public pay telephones, coinless public pay telephones, public closed-circuit telephones, public courtesy phones, or other types of public telephones are provided, public telephones shall be provided in accordance with 217 for each type of public telephone provided. For purposes of this section, a bank of telephones shall be considered to be two or more adjacent telephones.

217.2 Wheelchair Accessible Telephones. Where public telephones are provided, wheelchair accessible telephones complying with 704.2 shall be provided in accordance with Table 217.2.

EXCEPTION: Drive-up only public telephones shall not be required to comply with 217.2.

Table 217.2 Wheelchair Accessible Telephones

Number of Telephones Provided on a Floor, Level, or Exterior Site

Minimum Number of Required Wheelchair Accessible Telephones

1 or more single units

1 or more single units

1 bank

1 bank

2 or more banks

2 or more banks

217.3 Volume Controls. All public telephones shall have volume controls complying with 704.3.

217.4 TTYs. TTYs complying with 704.4 shall be provided in accordance with 217.4.

217.4.1 Bank Requirement. Where four or more public pay telephones are provided at a bank of telephones, at least one public TTY complying with 704.4 shall be provided at that bank.

EXCEPTION: TTYs shall not be required at banks of telephones located within 200 feet (61 m) of, and on the same floor as, a bank containing a public TTY.

217.4.2 Floor Requirement. TTYs in public buildings shall be provided in accordance with 217.4.2.1. TTYs in private buildings shall be provided in accordance with 217.4.2.2.

217.4.2.1 Public Buildings. Where at least one public pay telephone is provided on a floor of a public building, at least one public TTY shall be provided on that floor.

217.4.2.2 Private Buildings. Where four or more public pay telephones are provided on a floor of a private building, at least one public TTY shall be provided on that floor.

217.4.3 Building Requirement. TTYs in public buildings shall be provided in accordance with 217.4.3.1. TTYs in private buildings shall be provided in accordance with 217.4.3.2.

217.4.3.1 Public Buildings. Where at least one public pay telephone is provided in a public building, at least one public TTY shall be provided in the building. Where at least one public pay telephone is provided in a public use area of a public building, at least one public TTY shall be provided in the public building in a public use area.

217.4.3.2 Private Buildings. Where four or more public pay telephones are provided in a private building, at least one public TTY shall be provided in the building.

217.4.4 Exterior Site Requirement. Where four or more public pay telephones are provided on an exterior site, at least one public TTY shall be provided on the site.

217.4.5 Rest Stops, Emergency Roadside Stops, and Service Plazas. Where at least one public pay telephone is provided at a public rest stop, emergency roadside stop, or service plaza, at least one public TTY shall be provided.

217.4.6 Hospitals. Where at least one public pay telephone is provided serving a hospital emergency room, hospital recovery room, or hospital waiting room, at least one public TTY shall be provided at each location.

217.4.7 Transportation Facilities. In transportation facilities, in addition to the requirements of 217.4.1 through 217.4.4, where at least one public pay telephone serves a particular entrance to a bus or rail facility, at least one public TTY shall be provided to serve that entrance. In airports, in addition to the requirements of 217.4.1 through 217.4.4, where four or more public pay telephones are located in a terminal outside the security areas, a concourse within the security areas, or a baggage claim area in a terminal, at least one public TTY shall be provided in each location.

217.4.8 Detention and Correctional Facilities. In detention and correctional facilities, where at least one pay telephone is provided in a secured area used only by detainees or inmates and security personnel, at least one TTY shall be provided in at least one secured area.

217.5 Shelves for Portable TTYs. Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone at the bank shall be provided with a shelf and an electrical outlet in accordance with 704.5.

EXCEPTIONS:

1. Secured areas of detention and correctional facilities where shelves and outlets are prohibited for purposes of security or safety shall not be required to comply with 217.5.

2. The shelf and electrical outlet shall not be required at a bank of telephones with a TTY.

218 Transportation Facilities

218.1 General. Transportation facilities shall comply with 218.

218.2 New and Altered Fixed Guideway Stations. New and altered stations in rapid rail, light rail, commuter rail, intercity rail, high speed rail, and other fixed guideway systems shall comply with 810.5 through 810.10.

218.3 Key Stations and Existing Intercity Rail Stations. Key stations and existing intercity rail stations shall comply with 810.5 through 810.10.

218.4 Bus Shelters. Where provided, bus shelters shall comply with 810.3.

218.5 Other Transportation Facilities. In other transportation facilities, public address systems shall comply with 810.7 and clocks shall comply with 810.8.

219 Assistive Listening Systems

219.1 General. Assistive listening systems shall be provided in accordance with 219 and shall comply with 706.

219.2 Required Systems. In each assembly area where audible communication is integral to the use of the space, an assistive listening system shall be provided.

EXCEPTION: Other than in courtrooms, assistive listening systems shall not be required where audio amplification is not provided.

219.3 Receivers. Receivers complying with 706.2 shall be provided for assistive listening systems in each assembly area in accordance with Table 219.3. Twenty-five percent minimum of receivers provided, but no fewer than two, shall be hearing-aid compatible in accordance with 706.3.

EXCEPTIONS:

1. Where a building contains more than one assembly area and the assembly areas required to provide assistive listening systems are under one management, the total number of required receivers shall be permitted to be calculated according to the total number of seats in the assembly areas in the building provided that all receivers are usable with all systems.

2. Where all seats in an assembly area are served by an induction loop assistive listening system, the minimum number of receivers required by Table 219.3 to be hearing-aid compatible shall not be required to be provided.

Table 219.3 Receivers for Assistive Listening Systems

Capacity of Seating in Assembly Area

Minimum Number of

Required Receivers

Minimum Number of Required Receivers Required to be

Hearing-aid Compatible

50 or less

2

2

51 to 200

2, plus 1 per 25 seats over 50 seats1

2

201 to 500

2, plus 1 per 25 seats over 50 seats1

1 per 4 receivers1

501 to 1000

20, plus 1 per 33 seats over 500 seats1

1 per 4 receivers1

1001 to 2000

35, plus 1 per 50 seats over 1000 seats1

1 per 4 receivers1

2001 and over

55 plus 1 per 100 seats over 2000 seats1

1 per 4 receivers1

Note:

1. Or fraction thereof.

220 Automatic Teller Machines and Fare Machines

220.1 General. Where automatic teller machines or self-service fare vending, collection, or adjustment machines are provided, at least one of each type provided at each location shall comply with 707. Where bins are provided for envelopes, waste paper, or other purposes, at least one of each type shall comply with 811.

221 Assembly Areas

221.1 General. Assembly areas shall provide wheelchair spaces, companion seats, and designated aisle seats complying with 221 and 802. In addition, lawn seating shall comply with 221.5.

221.2 Wheelchair Spaces. Wheelchair spaces complying with 221.2 shall be provided in assembly areas with fixed seating.

221.2.1 Number and Location. Wheelchair spaces shall be provided complying with 221.2.1.

221.2.1.1 General Seating. Wheelchair spaces complying with 802.1 shall be provided in accordance with Table 221.2.1.1.

Table 221.2.1.1 Number of Wheelchair Spaces in Assembly Areas

Number of Seats

Minimum Number of Required Wheelchair Spaces

4 to 25

1

26 to 50

2

51 to 150

4

151 to 300

5

301 to 500

6

501 to 5000

6, plus 1 for each 150, or fraction thereof, between 501 through 5000

5001 and over

36, plus 1 for each 200, or fraction thereof, over 5000

221.2.1.2 Luxury Boxes, Club Boxes, and Suites in Arenas, Stadiums, and Grandstands. In each luxury box, club box, and suite within arenas, stadiums, and grandstands, wheelchair spaces complying with 802.1 shall be provided in accordance with Table 221.2.1.1.

221.2.1.3 Other Boxes. In boxes other than those required to comply with 221.2.1.2, the total number of wheelchair spaces required shall be determined in accordance with Table 221.2.1.1. Wheelchair spaces shall be located in not less than 20 percent of all boxes provided. Wheelchair spaces shall comply with 802.1.

221.2.1.4 Team or Player Seating. At least one wheelchair space complying with 802.1 shall be provided in team or player seating areas serving areas of sport activity.

EXCEPTION: Wheelchair spaces shall not be required in team or player seating areas serving bowling lanes not required to comply with 206.2.11.

221.2.2 Integration. Wheelchair spaces shall be an integral part of the seating plan.

221.2.3 Lines of Sight and Dispersion. Wheelchair spaces shall provide lines of sight complying with 802.2 and shall comply with 221.2.3. In providing lines of sight, wheelchair spaces shall be dispersed. Wheelchair spaces shall provide spectators with choices of seating locations and viewing angles that are substantially equivalent to or better than, the choices of seating locations and viewing angles available to all other spectators. When the number of wheelchair spaces required by 221.2.1 has been met, further dispersion shall not be required. Wheelchair spaces and companion seats shall not be located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, readily removable seats may be placed in those spaces and seats.

EXCEPTION: Wheelchair spaces in team or player seating areas serving areas of sport activity shall not be required to comply with 221.2.3.

221.2.3.1 Horizontal Dispersion. Wheelchair spaces shall be dispersed horizontally. In assembly areas that are required to horizontally disperse wheelchair spaces and companion seats and that have seating encircling, in whole or in part, a field of play or performance, wheelchair spaces and companion seats shall be dispersed around that field of play or performance area.

EXCEPTIONS:

1. Horizontal dispersion shall not be required in assembly areas with 300 or fewer seats if the companion seats required by 221.3 and wheelchair spaces are located within the 2nd or 3rd quartile of the total row length. Intermediate aisles shall be included in determining the total row length. If the row length in the 2nd and 3rd quartile of a row is insufficient to accommodate the required number of companion seats and wheelchair spaces, the additional companion seats and wheelchair spaces shall be permitted to be located in the 1st and 4th quartile of the row.

2. In row seating, two wheelchair spaces shall be permitted to be located side-by-side.

221.2.3.2 Vertical Dispersion. Wheelchair spaces shall be dispersed vertically at varying distances from the screen, performance area, or playing field. In addition, wheelchair spaces shall be located in each balcony or mezzanine that is located on an accessible route. In stadiums, arenas, and grandstands, wheelchair spaces and companion seats shall be dispersed to all levels that include seating served by an accessible route.

EXCEPTIONS:

1. Vertical dispersion shall not be required in assembly areas with 300 or fewer seats if the wheelchair spaces provide viewing angles that are equivalent to, or better than, the average viewing angle provided in the facility.

2. In bleachers, wheelchair spaces shall not be required to be provided in rows other than rows at points of entry to bleacher seating.

221.2.3.2.1 Stadium-Style Movie Theaters. In stadium-style movie theaters, wheelchair spaces and companion seats shall be located on a riser or cross-aisle in the stadium section that either 1) is located within the rear 60% of the seats provided in an auditorium, or 2) is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).

221.3 Companion Seats. At least one companion seat complying with 802.3 shall be provided for each wheelchair space required by 221.2.1.

221.4 Designated Aisle Seats. At least 5 percent of the total number of aisle seats provided shall comply with 802.4 and shall be the aisle seats located closest to accessible routes.

EXCEPTION: Team or player seating areas serving areas of sport activity shall not be required to comply with 221.4.

221.5 Lawn Seating. Lawn seating areas and exterior overflow seating areas, where fixed seats are not provided, shall connect to an accessible route.

222 Dressing, Fitting, and Locker Rooms

222.1 General. Where dressing rooms, fitting rooms, or locker rooms are provided, at least 5 percent, but no fewer than one, of each type of use in each cluster provided shall comply with 803.

EXCEPTION: In alterations, where it is technically infeasible to provide rooms in accordance with 222.1, one room for each sex on each level shall comply with 803. Where only unisex rooms are provided, unisex rooms shall be permitted.

222.2 Coat Hooks, Shelves and Mirrors. Where coat hooks, shelves or mirrors are provided in dressing, fitting or locker rooms without individual compartments, at least one of each type shall comply with 803.5 and 803.6. Where coat hooks, shelves or mirrors are provided in individual compartments at least one of each type complying with 803.5 and 803.6 shall be provided in individual compartments in dressing, fitting, or locker rooms required to comply with 222.1.

222.3 Mirrors. Where mirrors are provided in dressing rooms of the same use, then a mirror complying with 803.6 shall be provided in an accessible dressing room.

223 Medical Care and Long-Term Care Facilities

223.1 General. In licensed medical care facilities and licensed long-term care facilities where the period of stay exceeds twenty-four hours, patient or resident sleeping rooms shall be provided in accordance with 223.

EXCEPTION: Toilet rooms that are part of critical or intensive care patient sleeping rooms shall not be required to comply with 603.

223.1.1 Alterations. Where sleeping rooms are altered or added, the requirements of 223 shall apply only to the sleeping rooms being altered or added until the number of sleeping rooms complies with the minimum number required for new construction.

223.2 Hospitals, Rehabilitation Facilities, Psychiatric Facilities, and Detoxification Facilities. Hospitals, rehabilitation facilities, psychiatric facilities and detoxification facilities shall comply with 223.2.

223.2.1 Facilities Not Specializing in Treating Conditions That Affect Mobility. In facilities not specializing in treating conditions that affect mobility, at least 10 percent, but no fewer than one, of the patient sleeping rooms shall provide mobility features complying with 805. The accessible patient bedrooms required by 223.2.1 shall be dispersed in a manner that is proportionate by type of medical specialty.

223.2.2 Facilities Specializing in Treating Conditions That Affect Mobility. In facilities specializing in treating conditions that affect mobility, 100 percent of the patient sleeping rooms shall provide mobility features complying with 805.

223.3 Long-Term Care Facilities. In licensed long-term care facilities, at least 50 percent, but no fewer than one, of each type of resident sleeping room shall provide mobility features complying with 805.

224 Transient Lodging Guest Rooms

224.1 General. Transient lodging facilities shall provide guest rooms in accordance with 224. NOTE: This section also applies to social service center establishments as set forth in in 233.4, and to assisted living facilities as set forth in 233.7.

224.1.1 Alterations. Where guest rooms are altered or added, the requirements of 224 shall apply only to the guest rooms being altered or added until the number of guest rooms complies with the minimum number required for new construction.

EXCEPTION: Alterations to guest rooms in places of lodging where the guest rooms are not owned or substantially controlled by the entity that owns, leases, or operates the overall facility and the physical features of the guest room interiors are controlled by their individual owners are not required to comply with the alterations requirements in this section.

224.1.2 Guest Room Doors and Doorways. Entrances, doors, and doorways providing user passage into and within guest rooms that are not required to provide mobility features complying with 806.2 shall comply with 404.2.3. Door handles and pulls shall comply with 404.2.7.

EXCEPTION: Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3 or 404.2.7.

224.2 Guest Rooms with Mobility Features. In transient lodging facilities, guest rooms with mobility features complying with 806.2 shall be provided in accordance with Table 224.2.

Table 224.2 Guest Rooms with Mobility Features 1

Total Number of Guest Rooms Provided

Minimum

Number of Required Rooms without

Roll-in Showers

Minimum

Number of Required Rooms with

Roll-in Showers

Total Number of Required Rooms

1 to 25

1

0

1

26 to 50

2

0

2

51 to 75

3

1

4

76 to 100

4

1

5

101 to 150

5

2

7

151 to 200

6

2

8

201 to 300

7

3

10

301 to 400

8

4

12

401 to 500

9

4

13

501 to 1000

2 percent of total

1 percent of total

3 percent of total

1001 and over

20, plus 1 for each 100, or fraction thereof, over 1000

10, plus 1 for each 100, or fraction thereof, over 1000

30, plus 2 for each 100, or fraction thereof, over 1000

Note:

1. Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility. Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility.

224.3 Beds. In guest rooms having more than 25 beds, 5 percent minimum of the beds shall have clear floor space complying with 806.2.3.

224.4 Guest Rooms with Communication Features. In transient lodging facilities, guest rooms with communication features complying with 806.3 shall be provided in accordance with Table 224.4.

Table 224.4 Guest Rooms with Communication Features

Total Number of Guest Rooms Provided

Minimum Number of Required Guest Rooms With Communication Features

2 to 25

2

26 to 50

4

51 to 75

7

76 to 100

9

101 to 150

12

151 to 200

14

201 to 300

17

301 to 400

20

401 to 500

22

501 to 1000

5 percent of total

1001 and over

50, plus 3 for each 100 over 1000

224.5 Dispersion. Guest rooms required to provide mobility features complying with 806.2 and guest rooms required to provide communication features complying with 806.3 shall be dispersed among the various classes of guest rooms, and shall provide choices of types of guest rooms, number of beds, and other amenities comparable to the choices provided to other guests. Where the minimum number of guest rooms required to comply with 806 is not sufficient to allow for complete dispersion, guest rooms shall be dispersed in the following priority: guest room type, number of beds, and amenities. At least one guest room required to provide mobility features complying with 806.2 shall also provide communication features complying with 806.3. Not more than 10 percent of guest rooms required to provide mobility features complying with 806.2 shall be used to satisfy the minimum number of guest rooms required to provide communication features complying with 806.3.

225 Storage

225.1 General. Storage facilities shall comply with 225.

225.2 Storage. Where storage is provided in accessible spaces, at least one of each type shall comply with 811.

EXCEPTION: Archival storage areas and product storage areas that are exempt from the requirement for an accessible route by 206.2.3 Exception 8 are not required to be accessible.

225.2.1 Lockers. Where lockers are provided, at least 5 percent, but no fewer than one of each type, shall comply with 811.

225.2.2 Self-Service Shelving. Self-service shelves shall be located on an accessible route complying with 402. Self-service shelving shall not be required to comply with 308. Aisles between stacks in libraries shall comply with 403.5.4.

225.3 Self-Service Storage Facilities. Self-service storage facilities shall provide individual self-service storage spaces complying with these requirements in accordance with Table 225.3.

Table 225.3 Self-Service Storage Facilities

Total Spaces in Facility

Minimum Number of Spaces Required to be Accessible

1 to 200

5 percent, but no fewer than 1

201 and over

10, plus 2 percent of total number of units over 200

225.3.1 Dispersion. Individual self-service storage spaces shall be dispersed throughout the various classes of spaces provided. Where more classes of spaces are provided than the number required to be accessible, the number of spaces shall not be required to exceed that required by Table 225.3. Self-service storage spaces complying with Table 225.3 shall not be required to be dispersed among buildings in a multi-building facility.

226 Dining Surfaces and Work Surfaces

226.1 General. Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902. In addition, where work surfaces are provided for use by other than employees, at least 5 percent shall comply with 902.

EXCEPTIONS:

1. Sales counters and service counters shall not be required to comply with 902.

2. Check writing surfaces provided at check-out aisles not required to comply with 904.3 shall not be required to comply with 902.

226.2 Dispersion. Dining surfaces and work surfaces required to comply with 902 shall be dispersed throughout the space or facility containing dining surfaces and work surfaces.

227 Sales and Service

227.1 General. Where provided, check-out aisles, sales counters, service counters, food service lines, queues, and waiting lines shall comply with 227 and 904.

227.2 Check-Out Aisles. Where check-out aisles are provided, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2. Where check-out aisles serve different functions, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2 for each function. Where check-out aisles are dispersed throughout the building or facility, check-out aisles complying with 904.3 shall be dispersed.

EXCEPTION: Where the selling space is under 5000 square feet (465 m2) no more than one check-out aisle complying with 904.3 shall be required.

Table 227.2 Check-Out Aisles

Number of Check-Out Aisles of Each Function

Minimum Number of Check-Out Aisles of Each Function Required to Comply with 904.3

1 to 4

1

5 to 8

2

9 to 15

3

16 and over

3, plus 20 percent of additional aisles

227.2.1 Altered Check-Out Aisles. Where check-out aisles are altered, at least one of each check-out aisle serving each function shall comply with 904.3 until the number of check-out aisles complies with 227.2.

227.3 Counters. Where provided, at least one of each type of sales counter and service counter shall comply with 904.4. Where counters are dispersed throughout the building or facility, counters complying with 904.4 also shall be dispersed.

227.4 Food Service Lines. Food service lines shall comply with 904.5. Where self-service shelves are provided, at least 50 percent, but no fewer than one, of each type provided shall comply with 308.

227.5 Queues and Waiting Lines. Queues and waiting lines servicing counters or check-out aisles required to comply with 904.3 or 904.4 shall comply with 403.

228 Depositories, Vending Machines, Change Machines, Mail Boxes, and Fuel Dispensers

228.1 General. Where provided, at least one of each type of depository, vending machine, change machine, and fuel dispenser shall comply with 309.

EXCEPTION: Drive-up only depositories shall not be required to comply with 309.

228.2 Mail Boxes. Where mail boxes are provided in an interior location, at least 5 percent, but no fewer than one, of each type shall comply with 309. In residential facilities covered by 233.2 or 233.3, where mail boxes are provided for each residential dwelling unit, mail boxes complying with 309 shall be provided for each residential dwelling unit required to provide mobility features complying with 809.2 through 809.4.

229 Windows

229.1 General. Where glazed openings are provided in accessible rooms or spaces for operation by occupants, at least one opening shall comply with 309. Each glazed opening required by an administrative authority to be operable shall comply with 309.

EXCEPTION:

1. Glazed openings in residential dwelling units required to comply with 809 shall not be required to comply with 229.

2. Glazed openings in guest rooms required to provide communication features and in guest rooms required to comply with 206.5.3 shall not be required to comply with 229.

230 Two-Way Communication Systems

230.1 General. Where a two-way communication system is provided to gain admittance to a building or facility or to restricted areas within a building or facility, the system shall comply with 708.

231 Judicial Facilities

231.1 General. Judicial facilities shall comply with 231.

231.2 Courtrooms. Each courtroom shall comply with 808.

231.3 Holding Cells. Where provided, central holding cells and court-floor holding cells shall comply with 231.3.

231.3.1 Central Holding Cells. Where separate central holding cells are provided for adult male, juvenile male, adult female, or juvenile female, one of each type shall comply with 807.2. Where central holding cells are provided and are not separated by age or sex, at least one cell complying with 807.2 shall be provided.

231.3.2 Court-Floor Holding Cells. Where separate court-floor holding cells are provided for adult male, juvenile male, adult female, or juvenile female, each courtroom shall be served by one cell of each type complying with 807.2. Where court-floor holding cells are provided and are not separated by age or sex, courtrooms shall be served by at least one cell complying with 807.2. Cells may serve more than one courtroom.

231.4 Visiting Areas. Visiting areas shall comply with 231.4.

231.4.1 Cubicles and Counters. At least 5 percent, but no fewer than one, of cubicles shall comply with 902 on both the visitor and detainee sides. Where counters are provided, at least one shall comply with 904.4.2 on both the visitor and detainee sides.

EXCEPTION: The detainee side of cubicles or counters at non-contact visiting areas not serving holding cells required to comply with 231 shall not be required to comply with 902 or 904.4.2.

231.4.2 Partitions. Where solid partitions or security glazing separate visitors from detainees at least one of each type of cubicle or counter partition shall comply with 904.6.

232 Detention Facilities and Correctional Facilities

232.1 General. Buildings, facilities, or portions thereof, in which people are detained for penal or correction purposes, or in which the liberty of the inmates is restricted for security reasons shall comply with 232.

232.2 General Holding Cells and General Housing Cells. General holding cells and general housing cells shall be provided in accordance with 232.2.

232.2.1 Cells with Mobility Features. At least 3 percent, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with 807.2. Cells shall be provided in each classification level.

EXCEPTION: Alterations to cells shall comply with 232.6.

232.2.1.1 Beds. In cells having more than 25 beds, at least 5 percent of the beds shall have clear floor space complying with 807.2.3.

232.2.2 Cells with Communication Features. At least 3 percent, but no fewer than one, of the total number of general holding cells and general housing cells equipped with audible emergency alarm systems and permanently installed telephones within the cell shall provide communication features complying with 807.3. Cells shall be provided in each classification level.

EXCEPTION: Alterations to cells shall comply with 232.6.

232.3 Special Holding Cells and Special Housing Cells. Where special holding cells or special housing cells are provided, at least one cell serving each purpose shall provide mobility features complying with 807.2. Cells subject to this requirement include, but are not limited to, those used for purposes of orientation, protective custody, administrative or disciplinary detention or segregation, detoxification, and medical isolation.

EXCEPTION: [Deleted].

232.4 Medical Care Facilities. Patient bedrooms or cells required to comply with 223 shall be provided in addition to any medical isolation cells required to comply with 232.3.

232.5 Visiting Areas. Visiting areas shall comply with 232.5.

232.5.1 Cubicles and Counters. At least 5 percent, but no fewer than one, of cubicles shall comply with 902 on both the visitor and detainee sides. Where counters are provided, at least one shall comply with 904.4.2 on both the visitor and detainee or inmate sides.

EXCEPTION: The inmate or detainee side of cubicles or counters at non-contact visiting areas not serving holding cells or housing cells required to comply with 232 shall not be required to comply with 902 or 904.4.2.

232.5.2 Partitions. Where solid partitions or security glazing separate visitors from detainees or inmates at least one of each type of cubicle or counter partition shall comply with 904.6.

232.6 Alterations to Cells. Alterations to jails, prisons, and other detention and correctional facilities shall comply with 202.3 except that cells complying with 807.2 and 807.3 shall be provided for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells comply with 807.2 and 807.3. Altered cells shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells by providing the required features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell:

(1) Is located within the same prison site;

(2) Is integrated with other cells to the maximum extent feasible;

(3) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and participation in other programs that the facility offers to inmates or detainees; and,

(4) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be provided at another prison site within the corrections system.

233 Residential Facilities

233.1 General. Facilities with residential dwelling units shall comply with 233 as follows:

(1) Facilities provided by entities subject to the Department of Housing and Urban Development (HUD) Section 504 regulations shall comply with 233.2.

(2) Facilities with residential dwelling units owned or financed by governmental entities not subject to HUD Section 504 regulations shall comply with 233.3.

(3) Social service center establishments shall comply with 233.4.

(4) Housing at a place of education shall comply with 233.5.

(5) Multi-story housing, as defined in 106.5, shall comply with 233.6.

(6) Assisted living facilities, not including those that are owned or financed by governmental entities, shall comply with 233.7.

NOTE: The facilities covered by Section 233, as well as other facilities not covered by this section, may still be subject to other Federal laws such as the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973, as amended. For example, the Fair Housing Act requires that certain residential structures having four or more multi-family dwelling units, regardless of whether they are privately owned or federally assisted; include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD). These laws and the appropriate regulations should be consulted before proceeding with the design and construction of residential facilities.

233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations. Where facilities with residential dwelling units are provided by entities subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, such entities shall provide residential dwelling units with mobility features complying with 809.2 through 809.4 in a number required by the applicable HUD regulations. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall be on an accessible route as required by 206. In addition, such entities shall provide residential dwelling units with communication features complying with 809.5 in a number required by the applicable HUD regulations. Further, facilities that contain five or more residential dwelling units on each project site shall comply with 233.6 and 812. Entities subject to 233.2 shall not be required to comply with 233.3.

233.3 Residential Dwelling Units Owned or Financed by Governmental Entities Not Subject to HUD Section 504 Regulations. Facilities with residential dwelling units owned or financed by governmental entities not subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504 of the Rehabilitation Act of 1973, as amended, shall comply with 233.3.

233.3.1 Minimum Number: New Construction. Newly constructed facilities with residential dwelling units shall comply with 233.3.1.

EXCEPTION: Where facilities contain 15 or fewer residential dwelling units, the requirements of 233.3.1.1 and 233.3.1.2 shall apply to the total number of residential dwelling units that are constructed under a single contract, or are developed as a whole, whether or not located on a common site.

233.3.1.1 Residential Dwelling Units with Mobility Features. In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features complying with 809.2 through 809.4 and shall be on an accessible route as required by 206. Additionally, facilities that contain five or more residential dwelling units on each project site shall comply with 233.6 and 812.

233.3.1.2 Residential Dwelling Units with Communication Features. In facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with 809.5.

233.3.2 Residential Dwelling Units for Sale. Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended.

233.3.3 Additions. Where an addition to an existing building results in an increase in the number of residential dwelling units, the requirements of 233.3.1 shall apply only to the residential dwelling units that are added until the total number of residential dwelling units complies with the minimum number required by 233.3.1. Residential dwelling units required to comply with 233.3.1.1 shall be on an accessible route as required by 206.

233.3.4 Alterations. Alterations shall comply with 233.3.4.

EXCEPTION: Where compliance with 809.2, 809.3, or 809.4 is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity shall be permitted to alter or construct a comparable residential dwelling unit to comply with 809.2 through 809.4 provided that the minimum number of residential dwelling units required by 233.3.1.1 and 233.3.1.2, as applicable, is satisfied.

233.3.4.1 Alterations to Vacated Buildings. Where a building is vacated for the purposes of alteration, and the altered building contains more than 15 residential dwelling units, at least 5 percent of the residential dwelling units shall comply with 809.2 through 809.4 and shall be on an accessible route as required by 206. In addition, at least 2 percent of the residential dwelling units shall comply with 809.5.

233.3.4.2 Alterations to Individual Residential Dwelling Units. In individual residential dwelling units, where a bathroom or a kitchen is substantially altered, and at least one other room is altered, the requirements of 233.3.1 shall apply to the altered residential dwelling units until the total number of residential dwelling units complies with the minimum number required by 233.3.1.1 and 233.3.1.2. Residential dwelling units required to comply with 233.3.1.1 shall be on an accessible route as required by 206.

EXCEPTION: Where facilities contain 15 or fewer residential dwelling units, the requirements of 233.3.1.1 and 233.3.1.2 shall apply to the total number of residential dwelling units that are altered under a single contract, or are developed as a whole, whether or not located on a common site.

233.3.5 Dispersion. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 and residential dwelling units required to provide communication features complying with 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

EXCEPTION: Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

233.4 Social Service Center Establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units shall comply with 233 and 806. For the purposes of the application of this section, the terms "sleeping accommodation" and "dwelling unit" are intended to be used interchangeably with the term "guest room" as it is used in the requirements for transient lodging.

233.4.1 Rooms with More Than 25 Beds. In sleeping rooms with more than 25 beds covered by this part, a minimum of 5% of the beds shall have clear floor space complying with 806.2.3.

233.4.2 Facilities with More Than 50 Beds. Facilities with more than 50 beds that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with 608. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each sex.

233.5 Housing at a Place of Education. Housing at a place of education shall comply with the requirements for transient lodging guest rooms in sections 224 and 806, subject to the exceptions in 233.5.1 through 233.5.3. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the requirements for transient lodging.

233.5.1 Kitchens. Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with 809.2.2 and kitchen work surfaces that comply with 804.3.

233.5.2 Multi-bedroom Units. Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with 809.2.

233.5.3 Leased Facilities. Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities 233 and 809.

233.6 Multi-story Housing. Multi-story housing (buildings of 4 or more stories containing 10 or more dwelling units, as defined in 106.5) shall comply with 233.6.

233.6.1 Common Use and Public Use Spaces. All common use and public use spaces on all floors (levels) shall be accessible in compliance with the applicable requirements of this Code. Entrance doors to all individual dwelling units shall comply with 404.

233.6.2 Site Improvements. All site improvements shall be accessible, including an accessible route from the public sidewalk, public transportation facilities and/or parking, if provided, to and through an accessible entrance.

233.6.3 Emergency Warning Systems. A permanent audible and visual emergency warning system complying with 702 shall be provided in all public use and common use areas. Permanent or portable audible and visual emergency warning systems shall be installed on an as-needed basis at the request of an occupant with a disability in a minimum of 20% of all units in the building, but not less than one of each type or class of unit provided. If a permanent system is provided, the visual emergency warning system shall be arranged so the flashing light beam is visible in all rooms of the dwelling unit.

233.6.4 Required Adaptable Dwelling Units. The owner shall provide not less than 20% of the dwelling units as adaptable. Either the accessible or adaptable dwelling units shall be distributed throughout the building to provide a variety of sizes and locations.

233.6.5 Adaptable Dwelling Units

233.6.5.1 Design and Construction. Adaptable dwelling units shall be designed and constructed so they may, upon application by the occupant, be converted to accessible units, with a minimum of structural changes, to meet the needs of individuals with different types or degrees of disability, and to comply with 812. Costs of conversion for the individual with a disability shall be borne by the owner.

233.6.5.2 Accessible Route into and within Units. An accessible route complying with Chapter 4 shall be provided into and within all adaptable dwelling units to all rooms and spaces and shall provide maneuvering clearance at doors as required by 404.2.4.

233.6.5.3 Accessible Route to Specific Spaces. An accessible route conforming to Chapter 4 shall be provided into and within all private patios, terraces, balconies, carports and garages designated for use by adaptable dwelling units.

233.6.5.4 Bathrooms. Bathrooms in adaptable dwelling units shall comply with the space requirements of 812.3. Bathrooms shall be designed to allow, when converted to accessible units, for the installation of grab bars, water closets, toilet paper dispensers, mirrors, medicine cabinets, under-lavatory cabinets, in-tub or head-end bathtub seats, faucets, controls, pipe insulation, shower seats, and shower spray units without structural changes to the walls, floors or ceilings.

233.6.5.5 Kitchens and Laundry. Kitchen appliances and laundry facilities, if provided in adaptable dwelling units shall comply with 812.4 and 812.5.

233.6.5.6 Storage. At least 5%, but not less than one, of each type of personal storage included in the initial construction of adaptable dwelling units shall comply with 811. Kitchen storage shall comply with 812.4.1.

233.6.5.7 Exemption. Dwelling units consisting of two stories are exempt from requirements for adaptability, as defined herein, if the required proportion of adaptable dwelling units required by 233.6 is met by other types of units distributed throughout the building; or, if accessibility to the second floor can be provided by the owner by the installation of a limited-use/limited-application elevator (LULA) complying with 408, a private residence elevator complying with 409 or a platform lift complying with 410 when appropriate and approved by administrative authorities.

233.7. Assisted Living Facilities. Dwelling units in assisted living facilities, not including facilities that are owned or financed by governmental entities, shall comply with the requirements for transient lodging guest rooms in sections 224 and 806. For the purposes of the application of this section, the term "dwelling unit" is intended to be used interchangeably with the term "guest room" as it is used in the requirements for transient lodging.

234 Amusement Rides

234.1 General. Amusement rides shall comply with 234.

EXCEPTION: Mobile or portable amusement rides shall not be required to comply with 234.

234.2 Load and Unload Areas. Load and unload areas serving amusement rides shall comply with 1002.3.

234.3 Minimum Number. Amusement rides shall provide at least one wheelchair space complying with 1002.4, or at least one amusement ride seat designed for transfer complying with 1002.5, or at least one transfer device complying with 1002.6.

EXCEPTIONS:

1. Amusement rides that are controlled or operated by the rider shall not be required to comply with 234.3.

2. Amusement rides designed primarily for children, where children are assisted on and off the ride by an adult, shall not be required to comply with 234.3.

3. Amusement rides that do not provide amusement ride seats shall not be required to comply with 234.3.

234.4 Existing Amusement Rides. Where existing amusement rides are altered, the alteration shall comply with 234.4.

234.4.1 Load and Unload Areas. Where load and unload areas serving existing amusement rides are newly designed and constructed, the load and unload areas shall comply with 1002.3.

234.4.2 Minimum Number. Where the structural or operational characteristics of an amusement ride are altered to the extent that the amusement ride's performance differs from that specified by the manufacturer or the original design, the amusement ride shall comply with 234.3.

235 Recreational Boating Facilities

235.1 General. Recreational boating facilities shall comply with 235.

235.2 Boat Slips. Boat slips complying with 1003.3.1 shall be provided in accordance with Table 235.2. Where the number of boat slips is not identified, each 40 feet (12 m) of boat slip edge provided along the perimeter of the pier shall be counted as one boat slip for the purpose of this section.

Table 235.2 Boat Slips

Total Number of Boat Slips Provided in Facility

Minimum Number of Required Accessible Boat Slips

1 to 25

1

26 to 50

2

51 to 100

3

101 to 150

4

151 to 300

5

301 to 400

6

401 to 500

7

501 to 600

8

601 to 700

9

701 to 800

10

801 to 900

11

901 to 1000

12

1001 and over

12, plus 1 for every 100, or fraction thereof, over 1000

235.2.1 Dispersion. Boat slips complying with 1003.3.1 shall be dispersed throughout the various types of boat slips provided. Where the minimum number of boat slips required to comply with 1003.3.1 has been met, no further dispersion shall be required.

235.3 Boarding Piers at Boat Launch Ramps. Where boarding piers are provided at boat launch ramps, at least 5 percent, but no fewer than one, of the boarding piers shall comply with 1003.3.2.

236 Exercise Machines and Equipment

236.1 General. At least one of each type of exercise machine and equipment shall comply with 1004.

237 Fishing Piers and Platforms

237.1 General. Fishing piers and platforms shall comply with 1005.

238 Golf Facilities

238.1 General. Golf facilities shall comply with 238.

238.2 Golf Courses. Golf courses shall comply with 238.2.

238.2.1 Teeing Grounds. Where one teeing ground is provided for a hole, the teeing ground shall be designed and constructed so that a golf car can enter and exit the teeing ground. Where two teeing grounds are provided for a hole, the forward teeing ground shall be designed and constructed so that a golf car can enter and exit the teeing ground. Where three or more teeing grounds are provided for a hole, at least two teeing grounds, including the forward teeing ground, shall be designed and constructed so that a golf car can enter and exit each teeing ground.

EXCEPTION: In existing golf courses, the forward teeing ground shall not be required to be one of the teeing grounds on a hole designed and constructed so that a golf car can enter and exit the teeing ground where compliance is not feasible due to terrain.

238.2.2 Putting Greens. Putting greens shall be designed and constructed so that a golf car can enter and exit the putting green.

238.2.3 Weather Shelters. Where provided, weather shelters shall be designed and constructed so that a golf car can enter and exit the weather shelter and shall comply with 1006.4.

238.3 Practice Putting Greens, Practice Teeing Grounds, and Teeing Stations at Driving Ranges. At least 5 percent, but no fewer than one, of practice putting greens, practice teeing grounds, and teeing stations at driving ranges shall be designed and constructed so that a golf car can enter and exit the practice putting greens, practice teeing grounds, and teeing stations at driving ranges.

239 Miniature Golf Facilities

239.1 General. Miniature golf facilities shall comply with 239.

239.2 Minimum Number. At least 50 percent of holes on miniature golf courses shall comply with 1007.3.

239.3 Miniature Golf Course Configuration. Miniature golf courses shall be configured so that the holes complying with 1007.3 are consecutive. Miniature golf courses shall provide an accessible route from the last hole complying with 1007.3 to the course entrance or exit without requiring travel through any other holes on the course.

EXCEPTION: One break in the sequence of consecutive holes shall be permitted provided that the last hole on the miniature golf course is the last hole in the sequence.

240 Play Areas

240.1 General. Play areas for children ages 2 and over shall comply with 240. Where separate play areas are provided within a site for specific age groups, each play area shall comply with 240.

EXCEPTIONS:

1. Play areas located in family child care facilities where the proprietor actually resides shall not be required to comply with 240.

2. In existing play areas, where play components are relocated for the purposes of creating safe use zones and the ground surface is not altered or extended for more than one use zone, the play area shall not be required to comply with 240.

3. Amusement attractions shall not be required to comply with 240.

4. Where play components are altered and the ground surface is not altered, the ground surface shall not be required to comply with 1008.2.6 unless required by 202.4.

240.1.1 Additions. Where play areas are designed and constructed in phases, the requirements of 240 shall apply to each successive addition so that when the addition is completed, the entire play area complies with all the applicable requirements of 240.

240.2 Play Components. Where provided, play components shall comply with 240.2.

240.2.1 Ground Level Play Components. Ground level play components shall be provided in the number and types required by 240.2.1. Ground level play components that are provided to comply with 240.2.1.1 shall be permitted to satisfy the additional number required by 240.2.1.2 if the minimum required types of play components are satisfied. Where two or more required ground level play components are provided, they shall be dispersed throughout the play area and integrated with other play components.

240.2.1.1 Minimum Number and Types. Where ground level play components are provided, at least one of each type shall be on an accessible route and shall comply with 1008.4.

240.2.1.2 Additional Number and Types. Where elevated play components are provided, ground level play components shall be provided in accordance with Table 240.2.1.2 and shall comply with 1008.4.

EXCEPTION: If at least 50 percent of the elevated play components are connected by a ramp and at least 3 of the elevated play components connected by the ramp are different types of play components, the play area shall not be required to comply with 240.2.1.2.

Table 240.2.1.2 Number and Types of Ground Level Play Components Required to be on Accessible Routes

Number of Elevated Play

Components Provided

Minimum Number of Ground Level Play Components Required to be on an Accessible Route

Minimum Number of Different Types of Ground Level Play Components Required to be on an Accessible Route

1

Not applicable

Not applicable

2 to 4

1

1

5 to 7

2

2

8 to 10

3

3

11 to 13

4

3

14 to 16

5

3

17 to 19

6

3

20 to 22

7

4

23 to 25

8

4

26 and over

8, plus 1 for each additional 3,

or fraction thereof, over 25

5

240.2.2 Elevated Play Components. Where elevated play components are provided, at least 50 percent shall be on an accessible route and shall comply with 1008.4.

241 Saunas and Steam Rooms

241 General. Where provided, saunas and steam rooms shall comply with 612.

EXCEPTION: Where saunas or steam rooms are clustered at a single location, no more than 5 percent of the saunas and steam rooms, but no fewer than one, of each type in each cluster shall be required to comply with 612.

242 Swimming Pools, Wading Pools, and Spas

242.1 General. Swimming pools, wading pools, and spas shall comply with 242.

242.2 Swimming Pools. At least two accessible means of entry shall be provided for swimming pools. Accessible means of entry shall be swimming pool lifts complying with 1009.2; sloped entries complying with 1009.3; transfer walls complying with 1009.4; transfer systems complying with 1009.5; and pool stairs complying with 1009.6. At least one accessible means of entry provided shall comply with 1009.2 or 1009.3.

EXCEPTIONS:

1. Where a swimming pool has less than 300 linear feet (91 m) of swimming pool wall, no more than one accessible means of entry shall be required provided that the accessible means of entry is a swimming pool lift complying with 1009.2 or sloped entry complying with 1009.3.

2. Wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area shall not be required to provide more than one accessible means of entry provided that the accessible means of entry is a swimming pool lift complying with 1009.2, a sloped entry complying with 1009.3, or a transfer system complying with 1009.5.

3. Catch pools shall not be required to provide an accessible means of entry provided that the catch pool edge is on an accessible route.

242.3 Wading Pools. At least one accessible means of entry shall be provided for wading pools. Accessible means of entry shall comply with sloped entries complying with 1009.3.

242.4 Spas. At least one accessible means of entry shall be provided for spas. Accessible means of entry shall comply with swimming pool lifts complying with1009.2; transfer walls complying with 1009.4; or transfer systems complying with 1009.5.

EXCEPTION: Where spas are provided in a cluster, no more than 5 percent, but no fewer than one, spa in each cluster shall be required to comply with 242.4.

243 Shooting Facilities with Firing Positions

243.1 General. Where shooting facilities with firing positions are designed and constructed at a site, at least 5 percent, but no fewer than one, of each type of firing position shall comply with 1010.

244 Camping Facilities

244.1 General. Camping facilities, other than camping facilities on trails, shall comply with 244.

244.2 Camping Units with Mobility Features. Camping facilities shall provide camping units with mobility features complying with 244.2 in accordance with Table 244.2. Where a camping facility provides different types of camping units, Table 244.2 shall apply to each type of camping unit provided.

Table 244.2 Camping Units with Mobility Features

Total Number of Camping Units Provided in Camping Facility

Minimum Number of Camping Units with Mobility Features Required

1

1

2 to 25

2

26 to 50

3

51 to 75

4

76 to 100

5

101 to 150

7

151 to 200

8

201 and over

8, plus 2 percent of the number over 200

244.2.1 Alterations and Additions. Where camping units are altered or added, the requirements of 244.2 shall apply only to the camping units that are altered or added until the number of camping units with mobility features complies with the minimum number required in Table 244.2.

EXCEPTION: Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific camping units to provide mobility features complying with 244.2, the entity shall not be required to comply with 244.2 when altering individual elements within camping units that are not designated to provide mobility features complying with 244.2.

244.2.2 Dispersion. Camping units required to provide mobility features complying with 244.2 shall provide choices of camping units comparable to, and integrated with, those available to others.

244.2.3 Elements within Camping Units with Mobility Features. Elements within camping units required to provide mobility features shall comply with 244.2.3.

244.2.3.1 Outdoor Constructed Features. Where provided, at least one of each type of outdoor constructed feature shall comply with 1011. Where more than one of the same type of outdoor constructed feature is provided, at least two of the same type of outdoor constructed feature shall comply with 1011.

244.2.3.2 Parking Spaces. Where provided, parking spaces shall comply with 244.2.3.2.

244.2.3.2.1 Recreational Vehicles. Where parking spaces are provided for recreational vehicles, at least one parking space shall comply with 1012.2, 1012.4, and 1012.5. Where more than one parking space is provided for recreational vehicles, at least two parking spaces shall comply with 1012.2, 1012.4, and 1012.5.

244.2.3.2.2 Vehicles Other Than Recreational Vehicles. Where parking spaces are provided for vehicles other than recreational vehicles, at least one parking space shall comply with 1012.3, 1012.4, and 1012.5. Where more than one parking space is provided for a vehicle other than a recreational vehicle, at least two parking spaces shall comply with 1012.3, 1012.4, and 1012.5.

244.2.3.3 Tent Pads and Tent Platforms. Where provided, at least one tent pad and tent platform shall comply with 1013. Where more than one tent pad and tent platform is provided, at least two tent pads and tent platforms shall comply with 1013.

244.2.3.4 Camp Shelters. Where provided, at least one camp shelter shall comply with 1014. Where more than one camp shelter is provided, at least two camp shelters shall comply with 1014.

244.3 Outdoor Constructed Features in Common Use and Public Use Areas. Where provided in common use and public use areas that serve camping units with mobility features, at least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location shall comply with 1011.

244.4 Pull-up Spaces for Recreational Vehicles at Dump Stations. Where provided, pull-up spaces for recreational vehicles at dump stations shall comply with 1012.2, 1012.4, and 1012.5.

244.5 Outdoor Recreation Access Routes. Camping facilities shall provide outdoor recreation access routes complying with 1016 in accordance with 244.5.

244.5.1 Routes within Camping Units with Mobility Features. At least one outdoor recreation access route shall connect accessible elements, spaces, and facilities provided within camping units with mobility features.

244.5.2 Routes to and within Common Use and Public Use Areas. Common use and public use areas serving camping units with mobility features shall provide outdoor recreation access routes in accordance with 244.5.2.

EXCEPTION: Outdoor recreation access routes shall not be required to connect camping units with mobility features and recreational vehicle dump stations where a pull-up space complying with 1012.2, 1012.4, and 1012.5 is provided at the dump station for recreational vehicles.

244.5.2.1 Routes to Common Use and Public Use Areas. At least one outdoor recreation access route shall connect each camping unit with mobility features with common use and public use areas serving the unit.

244.5.2.2 Routes within Common Use and Public Use Areas. At least one outdoor recreation access route shall connect accessible elements, spaces, and facilities provided within common use and public use areas serving camping units with mobility features.

244.5.3 Routes to Adjacent Recreation Facilities. Where a circulation path connects camping facilities and adjacent recreation facilities, at least one outdoor recreation access route shall connect camping units with mobility features to an accessible route serving the adjacent recreation facilities.

244.5.4 Location. Outdoor recreation access routes required by 244.5.2 and 244.5.3 shall coincide with or be located in the same area as general circulation paths.

245 Picnic Facilities

245.1 General. Picnic facilities, other than picnic facilities on trails, shall comply with 245.

245.2 Picnic Units with Mobility Features. Picnic facilities shall provide picnic units with mobility features in accordance with 245.2.

245.2.1 Picnic Facilities with Two or Fewer Picnic Units. Where picnic facilities contain two or fewer picnic units, each picnic unit shall provide mobility features complying with 245.2.

245.2.2 Picnic Facilities with More Than Two Picnic Units. Where picnic facilities contain more than two picnic units, at least 20 percent, but not less than two, of the picnic units shall provide mobility features complying with 245.2.

245.2.3 Alterations and Additions. Where picnic units are altered or added, the requirements of 245.2 shall apply only to the picnic units that are altered or added until the number of picnic units with mobility features complies with the minimum number required in 245.2.1 or 245.2.2.

EXCEPTION: Where an entity is implementing a transition plan for program accessibility developed pursuant to regulations issued under section 504 of the Rehabilitation Act that designates specific picnic units to provide mobility features complying with 245.2, the entity shall not be required to comply with 245.2 when altering individual elements within picnic units that are not designated to provide mobility features complying with 245.2.

245.2.4 Dispersion. Picnic units required to provide mobility features complying with 245.2 shall provide choices of picnic units comparable to, and integrated with, those available to others.

245.2.5 Elements within Picnic Units with Mobility Features. Elements within picnic units required to provide mobility features shall comply with 245.2.5.

245.2.5.1 Outdoor Constructed Features. Where provided, at least one of each type of outdoor constructed feature shall comply with 1011. Where more than one of the same type of outdoor constructed feature is provided, at least two of the same type of outdoor constructed feature shall comply with 1011.

245.2.5.2 Parking Spaces. Where provided, at least one parking space shall comply with 1012.3, 1012.4, and 1012.5. Where more than one parking space is provided, at least two parking spaces shall comply with 1012.3, 1012.4, and 1012.5.

245.3 Outdoor Constructed Features in Common Use and Public Use Areas. Where provided in common use and public use areas that serve picnic units with mobility features, at least 20 percent, but not less than one, of each type of outdoor constructed feature provided at each location shall comply with 1011.

245.4 Outdoor Recreation Access Routes. Picnic facilities shall provide outdoor recreation access routes complying with 1016 in accordance with 245.4.

245.4.1 Routes within Picnic Units with Mobility Features. At least one outdoor recreation access route shall connect accessible elements, spaces, and facilities provided within picnic units with mobility features.

245.4.2 Routes to and within Common Use and Public Use Areas. Common use and public use areas serving picnic units with mobility features shall provide outdoor recreation access routes in accordance with 245.4.2.

245.4.2.1 Routes to Common Use and Public Use Areas. At least one outdoor recreation access route shall connect each picnic unit with mobility features with common use and public use areas serving that unit.

245.4.2.2 Routes within Common Use and Public Use Areas. At least one outdoor recreation access route shall connect accessible elements, spaces, and facilities provided within common use and public use areas serving picnic units with mobility features.

245.4.3 Routes to Adjacent Recreation Facilities. Where a circulation path connects picnic facilities and adjacent recreation facilities, at least one outdoor recreation access route shall connect picnic units with mobility features to an accessible route serving the adjacent recreation facilities.

245.4.4 Location. Outdoor recreation access routes required by 245.4.2 and 245.4.3 shall coincide with or be located in the same area as general circulation paths.

246 Viewing Areas

246.1 General. Viewing areas, other than viewing areas on trails, shall comply with 246.1.

246.2 Distinct Viewing Locations. Each distinct viewing location within a viewing area shall comply with 1015.

246.3 Outdoor Constructed Features. Where provided within viewing areas, at least 20 percent, but not less than one, of each type of outdoor constructed feature shall comply with 1011.

246.4 Outdoor Recreation Access Routes. At least one outdoor recreation access route complying with 1016 shall connect accessible parking spaces or other arrival points serving the a viewing area with accessible elements, spaces, and facilities provided within the a viewing area.

247 Trails

247.1 General. Where a trail is designed for use by hikers or pedestrians and directly connects to a trailhead or another trail that substantially meets the requirements in 1017, the trail shall comply with 1017.

247.2 Existing Trails. Where the original design, function, or purpose of an existing trail is changed and the altered portion of the trail directly connects to a trailhead or another trail that substantially meets the requirements in 1017, the altered portion of the trail shall comply with 1017.

247.3 Trailheads. Trailheads shall comply with 247.3.

247.3.1 Outdoor Constructed Features. Where provided within trailheads, at least 20 percent, but not less than one, of each type of outdoor constructed feature shall comply with 1011.

247.3.2 Outdoor Recreation Access Routes. At least one outdoor recreation access route complying with 1016 shall connect the following:

1. Accessible parking spaces or other arrival points serving the trailhead; 2. Starting point of the trail; and 3. Accessible elements, spaces, and facilities provided within the trailhead.

247.4 Trail Facilities. Where provided on trails, facilities shall comply with 247.4.

247.4.1 Camping Facilities. Camping facilities provided on trails shall comply with 244.2 and 244.3.

247.4.2 Picnic Facilities. Picnic facilities provided on trails shall comply with 245.2 and 245.3.

247.4.3 Viewing Areas. Viewing areas provided on trails shall comply with 246.2 and 246.3.

247.4.4 Routes. Routes that connect trails complying with 1017 to camping facilities, picnic facilities, viewing areas, pit toilets, and accessible elements provided within the facilities shall comply with 1017.

247.5 Outdoor Constructed Features. Where outdoor constructed features are provided on trails, other than within facilities specified in 247.4, at least 20 percent, but not less than one, of each type of outdoor constructed feature at each location shall comply with 1011.

248 Beach Access Routes

248.1 General. Beach access routes complying with 1018 shall be provided in accordance with 248.1. Beach access routes shall be permanent or removable.

EXCEPTION: Beach access routes shall not be required where pedestrian access to the beach is not permitted.

248.1.1 Facilities Serving Beaches. Beach access routes shall be provided in a number complying with 248.2 where the entity that administers or manages a beach constructs or alters any of the following facilities to serve the beach:

1. Circulation paths;

2. Parking facilities;

3. Toilet facilities; or

4. Bathing facilities.

EXCEPTION: The entity shall not be required to expend more than 20 percent of the costs of constructing or altering the facilities to provide beach access routes.

248.1.2 Beach Nourishment. Beach access routes shall be provided in a number complying with 248.2 where the entity that administers or manages a beach undertakes a beach nourishment project.

EXCEPTION: The entity shall not be required to expend more than 20 percent of the costs of a beach nourishment project to provide beach access routes.

248.2 Minimum Number. Where beach access routes are required by 248.1, at least one beach access route shall be provided for each 1/2 mile (0.8 km) of beach shoreline administered or managed by the entity.

EXCEPTION: The number of beach access routes shall not be required to exceed the number of pedestrian access points provided by the entity to a beach.

248.3 Location. Beach access routes shall coincide with or be located in the same area as pedestrian access points to the beach.

249 Benches

249.1 General. Benches shall comply with 249.

249.2 Outdoor Locations. Benches that are provided at recreation facilities shall comply with 244 through 247 as set forth therein. Benches provided at outdoor locations shall comply with 249.2.1.

249.2.1 Minimum Number. Where provided, at least one bench at each outdoor location shall comply with 1011. Where more than one bench is provided and serves the same outdoor space, feature or location, at least 20 percent of the benches shall comply with 1011.

249.3 Indoor Locations. Benches provided in courtrooms and judicial facilities shall comply with 206.2.4, 206.7.4 and 808.4 as set forth therein. Benches provided in dressing, fitting and locker rooms shall comply with 803.4. Benches provided in Housing cells and holding cells shall comply with 807.2.2. Benches provided in indoor public use and indoor common use areas shall comply with 249.3.1.

249.3.1 Minimum Number. Where provided, at least one bench at each indoor location shall comply with 903. Where more than one bench is provided and serves the same indoor space, feature or location, at least 20 percent of the benches shall comply with 903.

CHAPTER 3: BUILDING BLOCKS

301 General

301.1 Scope. The provisions of Chapter 3 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

302 Floor or Ground Surfaces

302.1 General. Floor and ground surfaces shall be stable, firm, and slip resistant and shall comply with 302.

EXCEPTIONS:

1. Within animal containment areas, floor and ground surfaces shall not be required to be stable, firm, and slip resistant.

2. Areas of sport activity shall not be required to comply with 302.

302.2 Carpet. Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushion or pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, or level cut/uncut pile texture. Pile height shall be 1/2 inch (13 mm) maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall have trim on the entire length of the exposed edge. Carpet edge trim shall comply with 303.

NOTE: Where a mat is used on a temporary or seasonal basis, the mat shall be securely attached or have a backing designed to be non-slip.

Figure 302.2 Carpet Pile Height

302.3 Openings. Openings in floor or ground surfaces shall not allow passage of a sphere more than 1/2 inch (13 mm) diameter except as allowed in 407.4.3, 409.4.3, 410.4, 810.5.3 and 810.10. Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel.

Figure 302.3 Elongated Openings in Floor or Ground Surfaces

303 Changes in Level

303.1 General. Where changes in level are permitted in floor or ground surfaces, they shall comply with 303.

EXCEPTIONS:

1. Animal containment areas shall not be required to comply with 303.

2. Areas of sport activity shall not be required to comply with 303.

303.2 Vertical. Changes in level of 1/4 inch (6.4 mm) high maximum shall be permitted to be vertical.

Figure 303.2 Vertical Change in Level

303.3 Beveled. Changes in level between 1/4 inch (6.4 mm) high minimum and 1/2 inch (13 mm) high maximum shall be beveled with a slope not steeper than 1:2.

Figure 303.3 Beveled Change in Level

303.4 Ramps. Changes in level greater than 1/2 inch (13 mm) high shall be ramped, and shall comply with 405 or 406.

304 Turning Space

304.1 General. Turning space shall comply with 304.

304.2 Floor or Ground Surfaces. Floor or ground surfaces of a turning space shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

304.3 Size. Turning space shall comply with 304.3.1 or 304.3.2.

304.3.1 Circular Space. The turning space shall be a space of 60 inches (1525 mm) diameter minimum. The space shall be permitted to include knee and toe clearance complying with 306.

304.3.2 T-Shaped Space. The turning space shall be a T-shaped space within a 60 inch (1525 mm) square minimum with arms and base 36 inches (915 mm) wide minimum. Each arm of the T shall be clear of obstructions 12 inches (305 mm) minimum in each direction and the base shall be clear of obstructions 24 inches (610 mm) minimum. The space shall be permitted to include knee and toe clearance complying with 306 only at the end of either the base or one arm.

Figure 304.3.2 T-Shaped Turning Space

304.4 Door Swing. Doors shall be permitted to swing into turning spaces.

305 Clear Floor or Ground Space

305.1 General. Clear floor or ground space shall comply with 305.

305.2 Floor or Ground Surfaces. Floor or ground surfaces of a clear floor or ground space shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

305.3 Size. The clear floor or ground space shall be 30 inches (760 mm) minimum by 48 inches (1220 mm) minimum.

Figure 305.3 Clear Floor or Ground Space

305.4 Knee and Toe Clearance. Unless otherwise specified, clear floor or ground space shall be permitted to include knee and toe clearance complying with 306.

305.5 Position. Unless otherwise specified, clear floor or ground space shall be positioned for either forward or parallel approach to an element.

Figure 305.5 Position of Clear Floor or Ground Space

305.6 Approach. One full unobstructed side of the clear floor or ground space shall adjoin an accessible route or adjoin another clear floor or ground space.

305.7 Maneuvering Clearance. Where a clear floor or ground space is located in an alcove or otherwise confined on all or part of three sides, additional maneuvering clearance shall be provided in accordance with 305.7.1 and 305.7.2.

305.7.1 Forward Approach. Alcoves shall be 36 inches (915 mm) wide minimum where the depth exceeds 24 inches (610 mm).

Figure 305.7.1 Maneuvering Clearance in an Alcove, Forward Approach

305.7.2 Parallel Approach. Alcoves shall be 60 inches (1525 mm) wide minimum where the depth exceeds 15 inches (380 mm).

Figure 305.7.2 Maneuvering Clearance in an Alcove, Parallel Approach

306 Knee and Toe Clearance

306.1 General. Where space beneath an element is included as part of clear floor or ground space or turning space, the space shall comply with 306. Additional space shall not be prohibited beneath an element but shall not be considered as part of the clear floor or ground space or turning space.

306.2 Toe Clearance.

306.2.1 General. Space under an element between the finish floor or ground and 9 inches (230 mm) above the finish floor or ground shall be considered toe clearance and shall comply with 306.2.

306.2.2 Maximum Depth. Toe clearance shall extend 25 inches (635 mm) maximum under an element.

306.2.3 Minimum Required Depth. Where toe clearance is required at an element as part of a clear floor space, the toe clearance shall extend 17 inches (430 mm) minimum under the element.

306.2.4 Additional Clearance. Space extending greater than 6 inches (150 mm) beyond the available knee clearance at 9 inches (230 mm) above the finish floor or ground shall not be considered toe clearance.

306.2.5 Width. Toe clearance shall be 30 inches (760 mm) wide minimum.

Figure 306.2 Toe Clearance

306.3 Knee Clearance.

306.3.1 General. Space under an element between 9 inches (230 mm) and 27 inches (685 mm) above the finish floor or ground shall be considered knee clearance and shall comply with 306.3.

306.3.2 Maximum Depth. Knee clearance shall extend 25 inches (635 mm) maximum under an element at 9 inches (230 mm) above the finish floor or ground.

306.3.3 Minimum Required Depth. Where knee clearance is required under an element as part of a clear floor space, the knee clearance shall be 11 inches (280 mm) deep minimum at 9 inches (230 mm) above the finish floor or ground, and 8 inches (205 mm) deep minimum at 27 inches (685 mm) above the finish floor or ground.

306.3.4 Clearance Reduction. Between 9 inches (230 mm) and 27 inches (685 mm) above the finish floor or ground, the knee clearance shall be permitted to reduce at a rate of 1 inch (25 mm) in depth for each 6 inches (150 mm) in height.

306.3.5 Width. Knee clearance shall be 30 inches (760 mm) wide minimum.

Figure 306.3 Knee Clearance

307 Protruding Objects

307.1 General. Protruding objects shall comply with 307.

307.2 Protrusion Limits. Objects with leading edges more than 27 inches (685 mm) and not more than 80 inches (2030 mm) above the finish floor or ground shall protrude 4 inches (100 mm) maximum horizontally into the circulation path.

EXCEPTION: Handrails shall be permitted to protrude 4 1/2 inches (115 mm) maximum.

Figure 307.2 Limits of Protruding Objects

307.3 Post-Mounted Objects. Free-standing objects mounted on posts or pylons shall overhang circulation paths 12 inches (305 mm) maximum when located 27 inches (685 mm) minimum and 80 inches (2030 mm) maximum above the finish floor or ground. Where a sign or other obstruction is mounted between posts or pylons and the clear distance between the posts or pylons is greater than 12 inches (305 mm), the lowest edge of such sign or obstruction shall be 27 inches (685 mm) maximum or 80 inches (2030 mm) minimum above the finish floor or ground.

EXCEPTION: The sloping portions of handrails serving stairs and ramps shall not be required to comply with 307.3.

Figure 307.3 Post-Mounted Protruding Objects

307.4 Vertical Clearance. Vertical clearance shall be 80 inches (2030 mm) high minimum. Guardrails or other barriers shall be provided where the vertical clearance is less than 80 inches (2030 mm) high. The leading edge of such guardrail or barrier shall be located 27 inches (685 mm) maximum above the finish floor or ground.

EXCEPTION: Door closers and door stops shall be permitted to be 78 inches (1980 mm) minimum above the finish floor or ground.

Figure 307.4 Vertical Clearance

307.5 Required Clear Width. Protruding objects shall not reduce the clear width required for accessible routes.

308 Reach Ranges

308.1 General. Reach ranges shall comply with 308.

308.2 Forward Reach.

308.2.1 Unobstructed. Where a forward reach is unobstructed, the high forward reach shall be 48 inches (1220 mm) maximum and the low forward reach shall be 15 inches (380 mm) minimum above the finish floor or ground.

Figure 308.2.1 Unobstructed Forward Reach

308.2.2 Obstructed High Reach. Where a high forward reach is over an obstruction, the clear floor space shall extend beneath the element for a distance not less than the required reach depth over the obstruction. The high forward reach shall be 48 inches (1220 mm) maximum where the reach depth is 20 inches (510 mm) maximum. Where the reach depth exceeds 20 inches (510 mm), the high forward reach shall be 44 inches (1120 mm) maximum and the reach depth shall be 25 inches (635 mm) maximum.

Figure 308.2.2 Obstructed High Forward Reach

308.3 Side Reach.

308.3.1 Unobstructed. Where a clear floor or ground space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches (1220 mm) maximum and the low side reach shall be 15 inches (380 mm) minimum above the finish floor or ground.

EXCEPTIONS:

1. An obstruction shall be permitted between the clear floor or ground space and the element where the depth of the obstruction is 10 inches (255 mm) maximum.

2. Operable parts of fuel dispensers shall be permitted to be 54 inches (1370 mm) maximum measured from the surface of the vehicular way where fuel dispensers are installed on existing curbs.

Figure 308.3.1 Unobstructed Side Reach

308.3.2 Obstructed High Reach. Where a clear floor or ground space allows a parallel approach to an element and the high side reach is over an obstruction, the height of the obstruction shall be 34 inches (865 mm) maximum and the depth of the obstruction shall be 24 inches (610 mm) maximum. The high side reach shall be 48 inches (1220 mm) maximum for a reach depth of 10 inches (255 mm) maximum. Where the reach depth exceeds 10 inches (255 mm), the high side reach shall be 46 inches (1170 mm) maximum for a reach depth of 24 inches (610 mm) maximum.

EXCEPTIONS:

1. The top of washing machines and clothes dryers shall be permitted to be 36 inches (915 mm) maximum above the finish floor.

2. Operable parts of fuel dispensers shall be permitted to be 54 inches (1370 mm) maximum measured from the surface of the vehicular way where fuel dispensers are installed on existing curbs.

Figure 308.3.2 Obstructed High Side Reach

309 Operable Parts

309.1 General. Operable parts shall comply with 309.

309.2 Clear Floor Space. A clear floor or ground space complying with 305 shall be provided.

309.3 Height. Operable parts shall be placed within one or more of the reach ranges specified in 308.

309.4 Operation. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 5 pounds (22.2 N) maximum.

EXCEPTION: Gas pump nozzles shall not be required to provide operable parts that have an activating force of 5 pounds (22.2 N) maximum.

CHAPTER 4: ACCESSIBLE ROUTES

401 General

401.1 Scope. The provisions of Chapter 4 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

402 Accessible Routes

402.1 General. Accessible routes shall comply with 402.

402.2 Components. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable requirements of Chapter 4.

403 Walking Surfaces

403.1 General. Walking surfaces that are a part of an accessible route shall comply with 403.

403.2 Floor or Ground Surface. Floor or ground surfaces shall comply with 302.

403.3 Slope. The running slope of walking surfaces shall not be steeper than 1:20. The cross slope of walking surfaces shall not be steeper than 1:48.

403.4 Changes in Level. Changes in level shall comply with 303.

403.5 Clearances. Walking surfaces shall provide clearances complying with 403.5.

EXCEPTION: Within employee work areas, clearances on common use circulation paths shall be permitted to be decreased by work area equipment provided that the decrease is essential to the function of the work being performed.

403.5.1 Clear Width. Except as provided in 403.5.2 and 403.5.3, the clear width of walking surfaces shall be 36 inches (915 mm) minimum.

EXCEPTION: The clear width shall be permitted to be reduced to 32 inches (815 mm) minimum for a length of 24 inches (610 mm) maximum provided that reduced width segments are separated by segments that are 48 inches (1220 mm) long minimum and 36 inches (915 mm) wide minimum.

Figure 403.5.1 Clear Width of an Accessible Route

403.5.2 Clear Width at Turn. Where the accessible route makes a 180 degree turn around an element which is less than 48 inches (1220 mm) wide, clear width shall be 42 inches (1065 mm) minimum approaching the turn, 48 inches (1220 mm) minimum at the turn and 42 inches (1065 mm) minimum leaving the turn.

EXCEPTION: Where the clear width at the turn is 60 inches (1525 mm) minimum compliance with 403.5.2 shall not be required.

Figure 403.5.2 Clear Width at Turn

403.5.3 Passing Spaces. An accessible route with a clear width less than 60 inches (1525 mm) shall provide passing spaces at intervals of 200 feet (61 m) maximum. Passing spaces shall be either: a space 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum; or, an intersection of two walking surfaces providing a T-shaped space complying with 304.3.2 where the base and arms of the T-shaped space extend 48 inches (1220 mm) minimum beyond the intersection.

403.5.4 Aisle Width in Libraries. The clear width of aisles between stacks in libraries shall be 42 inches minimum (1065 mm).

EXCEPTION. In existing buildings and alterations, the minimum width shall be 36 inches (915 mm) minimum.

403.6 Handrails. Where handrails are provided along walking surfaces with running slopes not steeper than 1:20 they shall comply with 505.

404 Doors, Doorways, and Gates

404.1 General. Doors, doorways, and gates that are part of an accessible route shall comply with 404.

EXCEPTION: Doors, doorways, and gates designed to be operated only by security personnel shall not be required to comply with 404.2.7, 404.2.8, 404.2.9, 404.3.2 and 404.3.4 through 404.3.7.

404.2 Manual Doors, Doorways, and Manual Gates. Manual doors and doorways and manual gates intended for user passage shall comply with 404.2.

404.2.1 Revolving Doors, Gates, and Turnstiles. Revolving doors, revolving gates, and turnstiles shall not be part of an accessible route.

404.2.2 Double-Leaf Doors and Gates. At least one of the active leaves of doorways with two leaves shall comply with 404.2.3 and 404.2.4.

404.2.3 Clear Width. Door openings shall provide a clear width of 32 inches (815 mm) minimum. Clear openings of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees. Openings more than 24 inches (610 mm) deep shall provide a clear opening of 36 inches (915 mm) minimum. There shall be no projections into the required clear opening width lower than 34 inches (865 mm) above the finish floor or ground. Projections into the clear opening width between 34 inches (865 mm) and 80 inches (2030 mm) above the finish floor or ground shall not exceed 4 inches (100 mm).

EXCEPTIONS:

1. In alterations, a projection of 5/8 inch (16 mm) maximum into the required clear width shall be permitted for the latch side stop.

2. Door closers and door stops shall be permitted to be 78 inches (1980 mm) minimum above the finish floor or ground.

Figure 404.2.3 Clear Width of Doorways

404.2.4 Maneuvering Clearances. Minimum maneuvering clearances at doors and gates shall comply with 404.2.4. Maneuvering clearances shall extend the full width of the doorway and the required latch side or hinge side clearance.

EXCEPTION: Entry doors to hospital patient rooms shall not be required to provide the clearance beyond the latch side of the door.

404.2.4.1 Swinging Doors and Gates. Swinging doors and gates shall have maneuvering clearances complying with Table 404.2.4.1.

Table 404.2.4.1 Maneuvering Clearances at Manual Swinging Doors and Gates

Type of Use

Minimum Maneuvering Clearance

Approach Direction

Door or Gate Side

Perpendicular to Doorway

Parallel to Doorway (beyond latch side unless noted)

From front

Pull

60 inches (1525 mm)

18 inches (455 mm)

From front

Push

48 inches (1220 mm)

0 inches (0 mm)1

From hinge side

Pull

60 inches (1525 mm)

36 inches (915 mm)

From hinge side

Pull

54 inches (1370 mm)

42 inches (1065 mm)

From hinge side

Push

42 inches (1065 mm)2

22 inches (560 mm)3

From latch side

Pull

48 inches (1220 mm)4

24 inches (610 mm)

From latch side

Push

42 inches (1065 mm)4

24 inches (610 mm)

Notes:

1. Add 12 inches (305 mm) if closer and latch are provided. 2. Add 6 inches (150 mm) if closer and latch are provided. 3. Beyond hinge side. 4. Add 6 inches (150 mm) if closer is provided.

Figure 404.2.4.1 Maneuvering Clearances at Manual Swinging Doors and Gates

404.2.4.2 Doorways without Doors or Gates, Sliding Doors, and Folding Doors. Doorways less than 36 inches (915 mm) wide without doors or gates, sliding doors, or folding doors shall have maneuvering clearances complying with Table 404.2.4.2.

Table 404.2.4.2 Maneuvering Clearances at Doorways without Doors or Gates, Manual Sliding Doors, and Manual Folding Doors

Minimum Maneuvering Clearance

Approach Direction

Perpendicular to Doorway

Parallel to Doorway (beyond stop/latch side unless noted)

From Front

48 inches (1220 mm)

0 inches (0 mm)

From side1

42 inches (1065 mm)

0 inches (0 mm)

From pocket/hinge side

42 inches (1065 mm)

22 inches (560 mm)2

From stop/latch side

42 inches (1065 mm)

24 inches (610 mm)

Notes:

1. Doorway with no door only. 2. Beyond pocket/hinge side.

Figure 404.2.4.2 Maneuvering Clearances at Doorways without Doors, Sliding Doors, Gates, and Folding Doors

404.2.4.3 Recessed Doors and Gates. Maneuvering clearances for forward approach shall be provided when any obstruction within 18 inches (455 mm) of the latch side of a doorway projects more than 8 inches (205 mm) beyond the face of the door, measured perpendicular to the face of the door or gate.

Figure 404.2.4.3 Maneuvering Clearances at Recessed Doors and Gates

404.2.4.4 Floor or Ground Surface. Floor or ground surface within required maneuvering clearances shall comply with 302. Changes in level are not permitted.

EXCEPTIONS:

1. Slopes not steeper than 1:48 shall be permitted.

2. Changes in level at thresholds complying with 404.2.5 shall be permitted.

404.2.5 Thresholds. Thresholds, if provided at doorways, shall be 1/2 inch (13 mm) high maximum. Raised thresholds and changes in level at doorways shall comply with 302 and 303.

EXCEPTION: Existing or altered thresholds 3/4 inch (19 mm) high maximum that have a beveled edge on each side with a slope not steeper than 1:2 shall not be required to comply with 404.2.5.

404.2.6 Doors in Series and Gates in Series. The distance between two hinged or pivoted doors in series and gates in series shall be 48 inches (1220 mm) minimum plus the width of doors or gates swinging into the space.

Figure 404.2.6 Doors in Series and Gates in Series

404.2.7 Door and Gate Hardware. Handles, pulls, latches, locks, and other operable parts on doors and gates shall comply with 309.4. Operable parts of such hardware shall be 34 inches (865 mm) minimum and 48 inches (1220 mm) maximum above the finish floor or ground.

Where sliding doors are in the fully open position, operating hardware shall be exposed and usable from both sides.

EXCEPTIONS:

1. Existing locks shall be permitted in any location at existing glazed doors without stiles, existing overhead rolling doors or grilles, and similar existing doors or grilles that are designed with locks that are activated only at the top or bottom rail.

2. Access gates in barrier walls and fences protecting pools, spas, and hot tubs shall be permitted to have operable parts of the release of latch on self-latching devices at 54 inches (1370 mm) maximum above the finish floor or ground provided the self-latching devices are not also self-locking devices and operated by means of a key, electronic opener, or integral combination lock.

404.2.8 Closing Speed. Door and gate closing speed shall comply with 404.2.8.

404.2.8.1 Door Closers and Gate Closers. Door closers and gate closers shall be adjusted so that from an open position of 90 degrees, the time required to move the door to a position of 12 degrees from the latch is 5 seconds minimum.

404.2.8.2 Spring Hinges. Door and gate spring hinges shall be adjusted so that from the open position of 70 degrees, the door or gate shall move to the closed position in 1.5 seconds minimum.

404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by the appropriate administrative authority. The force for pushing or pulling opens a door or gate other than fire doors shall be as follows:

1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.

2. Sliding or folding doors: 5 pounds (22.2 N) maximum.

3. Exterior hinged doors and gates: 8.5 pounds (37.8N)

These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position.

404.2.10 Door and Gate Surfaces. Swinging door and gate surfaces within 10 inches (255 mm) of the finish floor or ground measured vertically shall have a smooth surface on the push side extending the full width of the door or gate. Parts creating horizontal or vertical joints in these surfaces shall be within 1/16 inch (1.6 mm) of the same plane as the other. Cavities created by added kick plates shall be capped.

EXCEPTIONS:

1. Sliding doors shall not be required to comply with 404.2.10.

2. Tempered glass doors without stiles and having a bottom rail or shoe with the top leading edge tapered at 60 degrees minimum from the horizontal shall not be required to meet the 10 inch (255 mm) bottom smooth surface height requirement.

3. Doors and gates that do not extend to within 10 inches (255 mm) of the finish floor or ground shall not be required to comply with 404.2.10.

4. Existing doors and gates without smooth surfaces within 10 inches (255 mm) of the finish floor or ground shall not be required to provide smooth surfaces complying with 404.2.10 provided that if added kick plates are installed, cavities created by such kick plates are capped

404.2.11 Vision Lights. Doors, gates, and side lights adjacent to doors or gates, containing one or more glazing panels that permit viewing through the panels shall have the bottom of at least one glazed panel located 43 inches (1090 mm) maximum above the finish floor.

EXCEPTION: Vision lights with the lowest part more than 66 inches (1675 mm) from the finish floor or ground shall not be required to comply with 404.2.11.

404.3 Automatic and Power-Assisted Doors and Gates. Automatic doors and automatic gates shall comply with 404.3. Full-powered automatic doors shall comply with ANSI/BHMA A156.10 (incorporated by reference, see "Referenced Standards" in Chapter 1). Low-energy and power-assisted doors shall comply with ANSI/BHMA A156.19 (2002 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1).

404.3.1 Clear Width. Doorways shall provide a clear opening of 32 inches (815 mm) minimum in power-on and power-off mode. The minimum clear width for automatic door systems in a doorway shall be based on the clear opening provided by all leaves in the open position.

404.3.2 Maneuvering Clearance. Clearances at power-assisted doors and gates shall comply with 404.2.4. Clearances at automatic doors and gates without standby power and serving an accessible means of egress shall comply with 404.2.4.

EXCEPTION: Where automatic doors and gates remain open in the power-off condition, compliance with 404.2.4 shall not be required.

404.3.3 Thresholds. Thresholds and changes in level at doorways shall comply with 404.2.5.

404.3.4 Doors in Series and Gates in Series. Doors in series and gates in series shall comply with 404.2.6.

404.3.5 Controls. Manually operated controls shall comply with 309. The clear floor space adjacent to the control shall be located beyond the arc of the door swing.

404.3.6 Break Out Opening. Where doors and gates without standby power are a part of a means of egress, the clear break out opening at swinging or sliding doors and gates shall be 32 inches (815 mm) minimum when operated in emergency mode.

EXCEPTION: Where manual swinging doors and gates comply with 404.2 and serve the same means of egress compliance with 404.3.6 shall not be required.

404.3.7 Revolving Doors, Revolving Gates, and Turnstiles. Revolving doors, revolving gates, and turnstiles shall not be part of an accessible route.

405 Ramps

405.1 General. Ramps on accessible routes shall comply with 405.

EXCEPTION: In assembly areas, aisle ramp adjacent to seating and not serving elements required to be on an accessible route shall not be required to comply with 405.

405.2 Slope. Ramp runs shall have a running slope not steeper than 1:12.

EXCEPTION: In existing sites, buildings, and facilities, ramps shall be permitted to have running slopes steeper than 1:12 complying with Table 405.2 where such slopes are necessary due to space limitations.

Table 405.2 Maximum Ramp Slope and Rise for Existing Sites, Buildings, and Facilities

Slope1

Maximum Rise

Steeper than 1:10 but not steeper than 1:8

3 inches (75 mm)

Steeper than 1:12 but not steeper than 1:10

6 inches (150 mm)

Note:

1. A slope steeper than 1:8 is prohibited.

405.3 Cross Slope. Cross slope of ramp runs shall not be steeper than 1:48.

405.4 Floor or Ground Surfaces. Floor or ground surfaces of ramp runs shall comply with 302. Changes in level other than the running slope and cross slope are not permitted on ramp runs.

405.5 Clear Width. The clear width of a ramp run and, where handrails are provided, the clear width between handrails shall be 36 inches (915 mm) minimum.

EXCEPTION: Within employee work areas, the required clear width of ramps that are a part of common use circulation paths shall be permitted to be decreased by work area equipment provided that the decrease is essential to the function of the work being performed.

405.6 Rise. The rise for any ramp run shall be 30 inches (760 mm) maximum.

405.7 Landings. Ramps shall have landings at the top and the bottom of each ramp run. Landings shall comply with 405.7.

Figure 405.7 Ramp Landings

405.7.1 Slope. Landings shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

405.7.2 Width. The landing clear width shall be at least as wide as the widest ramp run leading to the landing.

405.7.3 Length. The landing clear length shall be 60 inches (1525 mm) long minimum.

405.7.4 Change in Direction. Ramps that change direction between runs at landings shall have a clear landing 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum.

405.7.5 Doorways. Where doorways are located adjacent to a ramp landing, maneuvering clearances required by 404.2.4 and 404.3.2 shall be permitted to overlap the required landing area.

405.8 Handrails. Ramp runs with a rise greater than 6 inches (150 mm) shall have handrails complying with 505.

EXCEPTION: Within employee work areas, handrails shall not be required where ramps that are part of common use circulation paths are designed to permit the installation of handrails complying with 505. Ramps not subject to the exception to 405.5 shall be designed to maintain a 36 inch (915 mm) minimum clear width when handrails are installed.

405.9 Edge Protection. Edge protection complying with 405.9.1 or 405.9.2 shall be provided on each side of ramp runs and at each side of ramp landings.

EXCEPTIONS:

1. Edge protection shall not be required on ramps that are not required to have handrails and have sides complying with 406.3.

2. Edge protection shall not be required on the sides of ramp landings serving an adjoining ramp run or stairway.

3. Edge protection shall not be required on the sides of ramp landings having a vertical drop-off of 1/2 inch (13 mm) maximum within 10 inches (255 mm) horizontally of the minimum landing area specified in 405.7.

405.9.1 Extended Floor or Ground Surface. The floor or ground surface of the ramp run or landing shall extend 12 inches (305 mm) minimum beyond the inside face of a handrail complying with 505.

Figure 405.9.1 Extended Floor or Ground Surface Edge Protection

405.9.2 Curb or Barrier. A curb or barrier shall be provided that prevents the passage of a 4 inch (100 mm) diameter sphere, where any portion of the sphere is within 4 inches (100 mm) of the finish floor or ground surface.

Figure 405.9.2 Curb or Barrier Edge Protection

405.10 Wet Conditions. Landings subject to wet conditions shall be designed to prevent the accumulation of water.

406 Curb Ramps

406.1 General. Curb ramps on accessible routes shall comply with 406, 405.2 through 405.5, and 405.10.

406.2 Counter Slope. Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb ramp shall not be steeper than 1:20. The adjacent surfaces at transitions at curb ramps to walks, gutters, and streets shall be at the same level.

Figure 406.2 Counter Slope of Surfaces Adjacent to Curb Ramps

406.3 Sides of Curb Ramps. Where provided, curb ramp flares shall not be steeper than 1:10.

Figure 406.3 Sides of Curb Ramps

406.4 Landings. Landings complying with 405.7.1 shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.

EXCEPTION: In alterations, where there is no landing at the top of curb ramps, curb ramp flares shall be provided and shall not be steeper than 1:12.

Figure 406.4 Landings at the Top of Curb Ramps

406.5 Location. Curb ramps and the flared sides of curb ramps shall be located so that they do not project into vehicular traffic lanes, parking spaces, or parking access aisles. Curb ramps at marked crossings shall be wholly contained within the markings, excluding any flared sides.

406.6 Diagonal Curb Ramps. Diagonal or corner type curb ramps with returned curbs or other well-defined edges shall have the edges parallel to the direction of pedestrian flow. The bottom of diagonal curb ramps shall have a clear space 48 inches (1220 mm) minimum outside active traffic lanes of the roadway. Diagonal curb ramps provided at marked crossings shall provide the 48 inches (1220 mm) minimum clear space within the markings. Diagonal curb ramps with flared sides shall have a segment of curb 24 inches (610 mm) long minimum located on each side of the curb ramp and within the marked crossing.

Figure 406.6 Diagonal or Corner Type Curb Ramps

406.7 Islands. Raised islands in crossings shall be cut through level with the street or have curb ramps at both sides. Each curb ramp shall have a level area, with a slope of 1:48 maximum in all directions, that is 48 inches (1220 mm) long minimum by 36 inches (915 mm) wide minimum at the top of the curb ramp in the part of the island intersected by the crossings. Each 48 inch (1220 mm) minimum by 36 inch (915 mm) minimum area shall be oriented so that the 48 inch (1220 mm) minimum length is in the direction of the running slope of the curb ramp it serves. The 48 inch (1220 mm) minimum by 36 inch (915 mm) minimum areas and the accessible route shall be permitted to overlap.

Figure 406.7 Islands in Crossings

407 Elevators

407.1 General. Elevators shall comply with 407 and with ASME A17.1 (incorporated by reference, see "Referenced Standards" in Chapter 1). They shall be passenger elevators as classified by ASME A17.1. Elevator operation shall be automatic.

407.2 Elevator Landing Requirements. Elevator landings shall comply with 407.2.

407.2.1 Call Controls. Where elevator call buttons or keypads are provided, they shall comply with 407.2.1 and 309.4. Call buttons shall be raised or flush.

EXCEPTION: Existing elevators shall be permitted to have recessed call buttons.

407.2.1.1 Height. Call buttons and keypads shall be located within one of the reach ranges specified in 308, measured to the centerline of the highest operable part.

EXCEPTION: Existing call buttons and existing keypads shall be permitted to be located at 54 inches (1370 mm) maximum above the finish floor, measured to the centerline of the highest operable part.

407.2.1.2 Size. Call buttons shall be 3/4 inch (19 mm) minimum in the smallest dimension.

EXCEPTION: Existing elevator call buttons shall not be required to comply with 407.2.1.2.

407.2.1.3 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided at call controls.

407.2.1.4 Location. The call button that designates the up direction shall be located above the call button that designates the down direction.

EXCEPTION: Destination-oriented elevators shall not be required to comply with 407.2.1.4.

407.2.1.5 Signals. Call buttons shall have visible signals to indicate when each call is registered and when each call is answered.

EXCEPTIONS:

1. Destination-oriented elevators shall not be required to comply with 407.2.1.5 provided that visible and audible signals complying with 407.2.2 indicating which elevator car to enter are provided.

2. Existing elevators shall not be required to comply with 407.2.1.5.

407.2.1.6 Keypads. Where keypads are provided, keypads shall be in a standard telephone keypad arrangement and shall comply with 407.4.7.2.

407.2.2 Hall Signals. Hall signals, including in-car signals, shall comply with 407.2.2.

407.2.2.1 Visible and Audible Signals. A visible and audible signal shall be provided at each hoistway entrance to indicate which car is answering a call and the car's direction of travel. Where in-car signals are provided, they shall be visible from the floor area adjacent to the hall call buttons.

EXCEPTIONS:

1. Visible and audible signals shall not be required at each destination-oriented elevator where a visible and audible signal complying with 407.2.2 is provided indicating the elevator car designation information.

2. In existing elevators, a signal indicating the direction of car travel shall not be required.

407.2.2.2 Visible Signals. Visible signal fixtures shall be centered at 72 inches (1830 mm) minimum above the finish floor or ground. The visible signal elements shall be 2 1/2 inches (64 mm) minimum measured along the vertical centerline of the element. Signals shall be visible from the floor area adjacent to the hall call button.

EXCEPTIONS:

1. Destination-oriented elevators shall be permitted to have signals visible from the floor area adjacent to the hoistway entrance.

2. Existing elevators shall not be required to comply with 407.2.2.2.

Figure 407.2.2.2 Visible Hall Signals

407.2.2.3 Audible Signals. Audible signals shall sound once for the up direction and twice for the down direction, or shall have verbal annunciators that indicate the direction of elevator car travel. Audible signals shall have a frequency of 1500 Hz maximum. Verbal annunciators shall have a frequency of 300 Hz minimum and 3000 Hz maximum. The audible signal and verbal annunciator shall be 10 dB minimum above ambient, but shall not exceed 80 dB, measured at the hall call button.

EXCEPTIONS:

1. Destination-oriented elevators shall not be required to comply with 407.2.2.3 provided that the audible tone and verbal announcement is the same as those given at the call button or call button keypad.

2. Existing elevators shall not be required to comply with the requirements for frequency and dB range of audible signals.

407.2.2.4 Differentiation. Each destination-oriented elevator in a bank of elevators shall have audible and visible means for differentiation.

407.2.3 Hoistway Signs. Signs at elevator hoistways shall comply with 407.2.3.

407.2.3.1 Floor Designation. Floor designations complying with 703.2 and 703.4.1 shall be provided on both jambs of elevator hoistway entrances. Floor designations shall be provided in both tactile characters and braille. Tactile characters shall be 2 inches (51 mm) high minimum. A tactile star shall be provided on both jambs at the main entry level.

Figure 407.2.3.1 Floor Designations on Jambs of Elevator Hoistway Entrances

407.2.3.2 Car Designations. Destination-oriented elevators shall provide tactile car identification complying with 703.2 on both jambs of the hoistway immediately below the floor designation. Car designations shall be provided in both tactile characters and braille. Tactile characters shall be 2 inches (51 mm) high minimum.

Figure 407.2.3.2 Car Designations on Jambs of Destination-Oriented Elevator Hoistway Entrances

407.3 Elevator Door Requirements. Hoistway and car doors shall comply with 407.3.

407.3.1 Type. Elevator doors shall be the horizontal sliding type. Car gates shall be prohibited.

407.3.2 Operation. Elevator hoistway and car doors shall open and close automatically.

EXCEPTION: Existing manually operated hoistway swing doors shall be permitted provided that they comply with 404.2.3 and 404.2.9. Car door closing shall not be initiated until the hoistway door is closed.

407.3.3 Reopening Device. Elevator doors shall be provided with a reopening device complying with 407.3.3 that shall stop and reopen a car door and hoistway door automatically if the door becomes obstructed by an object or person.

EXCEPTION: Existing elevators with manually operated doors shall not be required to comply with 407.3.3.

407.3.3.1 Height. The device shall be activated by sensing an obstruction passing through the opening at 5 inches (125 mm) nominal and 29 inches (735 mm) nominal above the finish floor.

407.3.3.2 Contact. The device shall not require physical contact to be activated, although contact is permitted to occur before the door reverses.

407.3.3.3 Duration. Door reopening devices shall remain effective for 20 seconds minimum.

407.3.4 Door and Signal Timing. The minimum acceptable time from notification that a car is answering a call or notification of the car assigned at the means for the entry of destination information until the doors of that car start to close shall be calculated from the following equation:

T = D/(1.5 ft/s) or T = D/(455 mm/s) = 5 seconds minimum where T equals the total time in seconds and D equals the distance (in feet or millimeters) from the point in the lobby or corridor 60 inches (1525 mm) directly in front of the farthest call button controlling that car to the centerline of its hoistway door.

EXCEPTIONS:

1. For cars with in-car lanterns, T shall be permitted to begin when the signal is visible from the point 60 inches (1525 mm) directly in front of the farthest hall call button and the audible signal is sounded.

2. Destination-oriented elevators shall not be required to comply with 407.3.4.

407.3.5 Door Delay. Elevator doors shall remain fully open in response to a car call for 3 seconds minimum.

407.3.6 Width. The width of elevator doors shall comply with Table 407.4.1.

EXCEPTION: In existing elevators, a power-operated car door complying with 404.2.3 shall be permitted.

407.4 Elevator Car Requirements. Elevator cars shall comply with 407.4.

407.4.1 Car Dimensions. Inside dimensions of elevator cars and clear width of elevator doors shall comply with Table 407.4.1.

EXCEPTION: Existing elevator car configurations that provide a clear floor area of 16 square feet (1.5 m2) minimum and also provide an inside clear depth 54 inches (1370 mm) minimum and a clear width 36 inches (915 mm) minimum shall be permitted.

Table 407.4.1 Elevator Car Dimensions

Minimum Dimensions

Door Location

Door Clear Width

Inside Car,

Side to Side

Inside Car,

Back Wall to Front Return

Inside Car,

Back Wall to Inside Face of Door

Centered

42 inches

(1065 mm)

80 inches

(2030 mm)

51 inches

(1295 mm)

54 inches

(1370 mm)

Side

(off-centered)

36 inches

(915 mm)1

68 inches

(1725 mm)

51 inches

(1295 mm)

54 inches

(1370 mm)

Any

36 inches

(915 mm)1

54 inches

(1370 mm)

80 inches

(2030 mm)

80 inches

(2030 mm)

Any

36 inches

(915 mm)1

60 inches

(1525 mm)2

60 inches

(1525 mm)2

60 inches

(1525 mm)2

Notes:

1. A tolerance of minus 5/8 inch (16 mm) is permitted.

2. Other car configurations that provide a turning space complying with 304 with the door closed shall be permitted.

Figure 407.4.1 Elevator Car Dimensions

407.4.2 Floor Surfaces. Floor surfaces in elevator cars shall comply with 302 and 303.

407.4.3 Platform to Hoistway Clearance. The clearance between the car platform sill and the edge of any hoistway landing shall be 1 1/4 inch (32 mm) maximum.

407.4.4 Leveling. Each car shall be equipped with a self-leveling feature that will automatically bring and maintain the car at floor landings within a tolerance of 1/2 inch (13 mm) under rated loading to zero loading conditions.

407.4.5 Illumination. The level of illumination at the car controls, platform, car threshold and car landing sill shall be 5 foot candles (54 lux) minimum.

407.4.6 Elevator Car Controls. Where provided, elevator car controls shall comply with 407.4.6 and 309.4.

EXCEPTION: In existing elevators, where a new car operating panel complying with 407.4.6 is provided, existing car operating panels shall not be required to comply with 407.4.6.

407.4.6.1 Location. Controls shall be located within one of the reach ranges specified in 308.

EXCEPTIONS:

1. Where the elevator panel serves more than 16 openings and a parallel approach is provided, buttons with floor designations shall be permitted to be 54 inches (1370 mm) maximum above the finish floor.

2. In existing elevators, car control buttons with floor designations shall be permitted to be located 54 inches (1370 mm) maximum above the finish floor where a parallel approach is provided.

407.4.6.2 Buttons. Car control buttons with floor designations shall comply with 407.4.6.2 and shall be raised or flush.

EXCEPTION: In existing elevators, buttons shall be permitted to be recessed.

407.4.6.2.1 Size. Buttons shall be 3/4 inch (19 mm) minimum in their smallest dimension.

407.4.6.2.2 Arrangement. Buttons shall be arranged with numbers in ascending order. When two or more columns of buttons are provided they shall read from left to right.

407.4.6.3 Keypads. Car control keypads shall be in a standard telephone keypad arrangement and shall comply with 407.4.7.2.

407.4.6.4 Emergency Controls. Emergency controls shall comply with 407.4.6.4.

407.4.6.4.1 Height. Emergency control buttons shall have their centerlines 35 inches (890 mm) minimum above the finish floor.

407.4.6.4.2 Location. Emergency controls, including the emergency alarm, shall be grouped at the bottom of the panel.

407.4.7 Designations and Indicators of Car Controls. Designations and indicators of car controls shall comply with 407.4.7.

EXCEPTION: In existing elevators, where a new car operating panel complying with 407.4.7 is provided, existing car operating panels shall not be required to comply with 407.4.7.

407.4.7.1 Buttons. Car control buttons shall comply with 407.4.7.1.

407.4.7.1.1 Type. Control buttons shall be identified by tactile characters complying with 703.2.

407.4.7.1.2 Location. Raised character and braille designations shall be placed immediately to the left of the control button to which the designations apply.

EXCEPTION: Where space on an existing car operating panel precludes tactile markings to the left of the controls, markings shall be placed as near to the control as possible.

407.4.7.1.3 Symbols. The control button for the emergency stop, alarm, door open, door close, main entry floor, and phone, shall be identified with tactile symbols as shown in Table 407.4.7.1.3.

Table 407.4.7.1.3 Elevator Control Button Identification

Control Button

Tactile Symbol

Braille Message

Emergency Stop

"ST"OP Three cells

Alarm

AL"AR"M Four cells

Door Open

OP"EN" Three cells

Door Close

CLOSE Five cells

Main Entry Floor

MA"IN" Three cells

Phone

PH"ONE" Four cells

407.4.7.1.4 Visible Indicators. Buttons with floor designations shall be provided with visible indicators to show that a call has been registered. The visible indication shall extinguish when the car arrives at the designated floor.

407.4.7.2 Keypads. Keypads shall be identified by characters complying with 703.5 and shall be centered on the corresponding keypad button. The number five key shall have a single raised dot. The dot shall be 0.118 inch (3 mm) to 0.120 inch (3.05 mm) base diameter and in other aspects comply with Table 703.3.1.

407.4.8 Car Position Indicators. Audible and visible car position indicators shall be provided in elevator cars.

407.4.8.1 Visible Indicators. Visible indicators shall comply with 407.4.8.1.

407.4.8.1.1 Size. Characters shall be 1/2 inch (13 mm) high minimum.

407.4.8.1.2 Location. Indicators shall be located above the car control panel or above the door.

407.4.8.1.3 Floor Arrival. As the car passes a floor and when a car stops at a floor served by the elevator, the corresponding character shall illuminate.

EXCEPTION: Destination-oriented elevators shall not be required to comply with 407.4.8.1.3 provided that the visible indicators extinguish when the call has been answered.

407.4.8.1.4 Destination Indicator. In destination-oriented elevators, a display shall be provided in the car with visible indicators to show car destinations.

407.4.8.2 Audible Indicators. Audible indicators shall comply with 407.4.8.2.

407.4.8.2.1 Signal Type. The signal shall be an automatic verbal annunciator which announces the floor at which the car is about to stop.

EXCEPTION: For elevators other than destination-oriented elevators that have a rated speed of 200 feet per minute (1 m/s) or less, a non-verbal audible signal with a frequency of 1500 Hz maximum which sounds as the car passes or is about to stop at a floor served by the elevator shall be permitted.

407.4.8.2.2 Signal Level. The verbal annunciator shall be 10 dB minimum above ambient, but shall not exceed 80 dB, measured at the annunciator.

407.4.8.2.3 Frequency. The verbal annunciator shall have a frequency of 300 Hz minimum to 3000 Hz maximum.

407.4.9 Emergency Communication. Emergency two-way communication systems shall comply with 308. Tactile symbols and characters shall be provided adjacent to the device and shall comply with 703.2.

408 Limited-Use/Limited-Application Elevators

408.1 General. Limited-use/limited-application elevators shall comply with 408 and with ASME A17.1 (incorporated by reference, see "Referenced Standards" in Chapter 1). They shall be passenger elevators as classified by ASME A17.1. Elevator operation shall be automatic.

408.2 Elevator Landings. Landings serving limited-use/limited-application elevators shall comply with 408.2.

408.2.1 Call Buttons. Elevator call buttons and keypads shall comply with 407.2.1.

408.2.2 Hall Signals. Hall signals shall comply with 407.2.2.

408.2.3 Hoistway Signs. Signs at elevator hoistways shall comply with 407.2.3.1.

408.3 Elevator Doors. Elevator hoistway doors shall comply with 408.3.

408.3.1 Sliding Doors. Sliding hoistway and car doors shall comply with 407.3.1 through 407.3.3 and 408.4.1.

408.3.2 Swinging Doors. Swinging hoistway doors shall open and close automatically and shall comply with 404, 407.3.2 and 408.3.2.

408.3.2.1 Power Operation. Swinging doors shall be power-operated and shall comply with ANSI/BHMA A156.19 (2002 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1).

408.3.2.2 Duration. Power-operated swinging doors shall remain open for 20 seconds minimum when activated.

408.4 Elevator Cars. Elevator cars shall comply with 408.4.

408.4.1 Car Dimensions and Doors. Elevator cars shall provide a clear width 42 inches (1065 mm) minimum and a clear depth 54 inches (1370 mm) minimum. Car doors shall be positioned at the narrow ends of cars and shall provide 32 inches (815 mm) minimum clear width.

EXCEPTIONS:

1. Cars that provide a clear width 51 inches (1295 mm) minimum shall be permitted to provide a clear depth 51 inches (1295 mm) minimum provided that car doors provide a clear opening 36 inches (915 mm) wide minimum.

2. Existing elevator cars shall be permitted to provide a clear width 36 inches (915 mm) minimum, clear depth 54 inches (1370 mm) minimum, and a net clear platform area 15 square feet (1.4 m2) minimum.

Figure 408.4.1 Limited-Use/Limited-Application (LULA) Elevator Car Dimensions

408.4.2 Floor Surfaces. Floor surfaces in elevator cars shall comply with 302 and 303.

408.4.3 Platform to Hoistway Clearance. The platform to hoistway clearance shall comply with 407.4.3.

408.4.4 Leveling. Elevator car leveling shall comply with 407.4.4.

408.4.5 Illumination. Elevator car illumination shall comply with 407.4.5.

408.4.6 Car Controls. Elevator car controls shall comply with 407.4.6. Control panels shall be centered on a side wall.

408.4.7 Designations and Indicators of Car Controls. Designations and indicators of car controls shall comply with 407.4.7.

408.4.8 Emergency Communications. Car emergency signaling devices complying with 407.4.9 shall be provided.

409 Private Residence Elevators

409.1 General. Private residence elevators that are provided within a residential dwelling unit required to provide mobility features complying with 809.2 through 809.4 shall comply with 409 and with ASME A17.1 (incorporated by reference, see "Referenced Standards" in Chapter 1). They shall be passenger elevators as classified by ASME A17.1. Elevator operation shall be automatic.

409.2 Call Buttons. Call buttons shall be 3/4 inch (19 mm) minimum in the smallest dimension and shall comply with 309.

409.3 Elevator Doors. Hoistway doors, car doors, and car gates shall comply with 409.3 and 404.

EXCEPTION: Doors shall not be required to comply with the maneuvering clearance requirements in 404.2.4.1 for approaches to the push side of swinging doors.

409.3.1 Power Operation. Elevator car and hoistway doors and gates shall be power operated and shall comply with ANSI/BHMA A156.19 (2002 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1). Power operated doors and gates shall remain open for 20 seconds minimum when activated.

EXCEPTION: In elevator cars with more than one opening, hoistway doors and gates shall be permitted to be of the manual-open, self-close type.

409.3.2 Location. Elevator car doors or gates shall be positioned at the narrow end of the clear floor spaces required by 409.4.1.

409.4 Elevator Cars. Private residence elevator cars shall comply with 409.4.

409.4.1 Inside Dimensions of Elevator Cars. Elevator cars shall provide a clear floor space of 36 inches (915 mm) minimum by 48 inches (1220 mm) minimum and shall comply with 305.

409.4.2 Floor Surfaces. Floor surfaces in elevator cars shall comply with 302 and 303.

409.4.3 Platform to Hoistway Clearance. The clearance between the car platform and the edge of any landing sill shall be 1 1/2 inch (38 mm) maximum.

409.4.4 Leveling. Each car shall automatically stop at a floor landing within a tolerance of 1/2 inch (13 mm) under rated loading to zero loading conditions.

409.4.5 Illumination Levels. Elevator car illumination shall comply with 407.4.5.

409.4.6 Car Controls. Elevator car control buttons shall comply with 409.4.6, 309.3, 309.4, and shall be raised or flush.

409.4.6.1 Size. Control buttons shall be 3/4 inch (19 mm) minimum in their smallest dimension.

409.4.6.2 Location. Control panels shall be on a side wall, 12 inches (305 mm) minimum from any adjacent wall.

Figure 409.4.6.2 Location of Private Residence Elevator Control Panel

409.4.7 Emergency Communications. Emergency two-way communication systems shall comply with 409.4.7.

409.4.7.1 Type. A telephone and emergency signal device shall be provided in the car.

409.4.7.2 Operable Parts. The telephone and emergency signaling device shall comply with 309.3 and 309.4.

409.4.7.3 Compartment. If the telephone or device is in a closed compartment, the compartment door hardware shall comply with 309.

409.4.7.4 Cord. The telephone cord shall be 29 inches (735 mm) long minimum.

410 Platform Lifts

410.1 General. Platform lifts shall comply with ASME A18.1 (2011 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1). Platform lifts shall not be attendant-operated and shall provide unassisted entry and exit from the lift.

410.2 Floor Surfaces. Floor surfaces in platform lifts shall comply with 302 and 303.

410.3 Clear Floor Space. Clear floor space in platform lifts shall comply with 305.

410.4 Platform to Runway Clearance. The clearance between the platform sill and the edge of any runway landing shall be 1 ¼ inch (32 mm) maximum.

410.5 Operable Parts. Controls for platform lifts shall comply with 309.

410.6 Doors and Gates. Platform lifts shall have low-energy power-operated doors or gates complying with 404.3. Doors shall remain open for 20 seconds minimum. End doors and gates shall provide a clear width 32 inches (815 mm) minimum. Side doors and gates shall provide a clear width 42 inches (1065 mm) minimum.

EXCEPTION: Platform lifts serving two landings maximum and having doors or gates on opposite sides shall be permitted to have self-closing manual doors or gates complying with 404.2.

Figure 410.6 Platform Lift Doors and Gates

CHAPTER 5: GENERAL SITE AND BUILDING ELEMENTS

501 General

501.1 Scope. The provisions of Chapter 5 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

502 Parking Spaces

502.1 General. Parking spaces shall comply with 502. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings.

EXCEPTION: Where parking spaces or access aisles are not adjacent to another parking space or access aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle.

502.2 Vehicle Spaces. Vehicle parking spaces shall be either 8 feet (2440 mm) wide minimum or 11 feet (3350 mm) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3.

Figure 502.2 Vehicle Parking Spaces

502.3 Access Aisle. Access aisles serving parking spaces shall comply with 502.3. Access aisles shall adjoin an accessible route. Two parking spaces shall be permitted to share a common access aisle.

EXCEPTION: Diagonal parking spaces shall not share an access aisle. Access aisles serving diagonal accessible parking spaces shall be located on the passenger side of the vehicle space.

Figure 502.3 (a) Parking Space Access Aisle

Figure 502.3 (b) Diagonal Parking Space Access Aisle

502.3.1 Width. The combined width of an accessible parking space and its adjacent access aisle shall be 16 feet (4875 mm) minimum. Access aisles serving parking spaces that are 11 feet (3350 mm) wide minimum shall be 5 feet (1525 mm) wide minimum. Access aisles serving parking spaces that are less than 11 feet (3350 mm) wide shall be 8 feet (2440 mm) wide minimum.

502.3.2 Length. Access aisles shall extend the full length of the parking spaces they serve.

502.3.3 Marking. Access aisles shall be marked with diagonal striping so as to discourage parking in them. A high quality yellow paint recommended by the paint manufacturer for pavement striping shall be used.

502.3.4 Location. Access aisles shall not overlap the vehicular way. Access aisles shall be permitted to be placed on either side of the parking space except for angled parking spaces required by 208.2.4 which shall have access aisles located on the passenger side of the parking spaces (see Figure 502.3 (b).

502.4 Floor or Ground Surfaces. Parking spaces and access aisles serving them shall comply with 302. Access aisles shall be at the same level as the parking spaces they serve. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

502.5 Vertical Clearance. Parking spaces required by 208.2.4, and access aisles and vehicular routes serving them, shall provide a vertical clearance of 98 inches (2490 mm) minimum.

502.6 Identification. Accessible parking spaces shall be designated as reserved by providing a permanently mounted R7-8 (U.S. Department of Transportation standard; see Figure 502.6 (a)) sign which contains the international symbol of accessibility. Such signs shall exhibit the dollar amount of the fine as required by the Illinois Vehicle Code [625 ILCS 5/1124 and 301.1] or the higher amount if required by local ordinance (see Figure 502.6 (b)). Signs shall be vertically mounted on a post or wall at front center of the parking space, no more than 6 feet (1830 mm) horizontally from the front of the parking space and set a minimum of 5 feet (1525 mm) and a maximum of 9 feet (2745 mm) from finished grade to the bottom of the R7-8 sign.

Accessible Parking Signs (for parking lots subject to the Illinois Vehicle Code) shall comply with the R7-8 sign shown in Figure 502.6(a) (U.S. Department of Transportation Standard). Existing signs may remain, but their useful lives shall not be extended by other means than normal maintenance.

Legend and Border—Pantone 340C

International Symbol of Accessibility—White on Pantone 286 Background

Background—White

Reduce Spacing 80%

Note:

This is a standard sign and may be ordered from any traffic sign supplier by number. The arrow may be

· Omitted if there is only one accessible space.

· Made to point in one direction.

· Replaced by a range of time such as "9 am-5 pm" where a part-time restriction exists.

The sign must be supplemented with the Illinois Standard R7-I101 plate showing the mound of the fine for illegally parking in the reserved accessible space(s).

Figure 502.6 (a) Parking Fine Sign

Figure 502.6 (b) Parking Sign

502.7 Relationship to Accessible Routes. Parking spaces and access aisles shall be designed so that vehicles, when parked, cannot obstruct the required clear width of adjacent accessible routes.

503 Passenger Loading Zones

503.1 General. Passenger loading zones shall comply with 503.

503.2 Vehicle Pull-Up Space. Passenger loading zones shall provide a vehicular pull-up space 96 inches (2440 mm) wide minimum and 20 feet (6100 mm) long minimum.

503.3 Access Aisle. Passenger loading zones shall provide access aisles complying with 503 adjacent to the vehicle pull-up space. Access aisles shall adjoin an accessible route and shall not overlap the vehicular way.

503.3.1 Width. Access aisles serving vehicle pull-up spaces shall be 60 inches (1525 mm) wide minimum.

503.3.2 Length. Access aisles shall extend the full length of the vehicle pull-up spaces they serve.

503.3.3 Marking. Access aisles shall be marked so as to discourage parking in them.

Figure 503.3 Passenger Loading Zone Access Aisle

503.4 Floor and Ground Surfaces. Vehicle pull-up spaces and access aisles serving them shall comply with 302. Access aisles shall be at the same level as the vehicle pull-up space they serve. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

503.5 Vertical Clearance. Vehicle pull-up spaces, access aisles serving them, and a vehicular route from an entrance to the passenger loading zone, and from the passenger loading zone to a vehicular exit shall provide a vertical clearance of 114 inches (2895 mm) minimum.

504 Stairways

504.1 General. Stairs shall comply with 504.

504.2 Treads and Risers. All steps on a flight of stairs shall have uniform riser heights and uniform tread depths. Risers shall be 4 inches (100 mm) high minimum and 7 inches (180 mm) high maximum. Treads shall be 11 inches (280 mm) deep minimum.

504.3 Open Risers. Open risers are not permitted.

504.4 Tread Surface. Stair treads shall comply with 302. Changes in level are not permitted.

EXCEPTION: Treads shall be permitted to have a slope not steeper than 1:48.

504.5 Nosings. The radius of curvature at the leading edge of the tread shall be 1/2 inch (13 mm) maximum. Nosings that project beyond risers shall have the underside of the leading edge curved or beveled. Risers shall be permitted to slope under the tread at an angle of 30 degrees maximum from vertical. The permitted projection of the nosing shall extend 1 1/2 inches (38 mm) maximum over the tread below.

Figure 504.5 Stair Nosings

504.6 Handrails. Stairs shall have handrails complying with 505.

504.7 Wet Conditions. Stair treads and landings subject to wet conditions shall be designed to prevent the accumulation of water.

505 Handrails

505.1 General. Handrails provided along walking surfaces complying with 403, required at ramps complying with 405, and required at stairs complying with 504 shall comply with 505.

505.2 Where Required. Handrails shall be provided on both sides of stairs and ramps.

EXCEPTION: In assembly areas, handrails shall not be required on both sides of aisle ramps where a handrail is provided at either side or within the aisle width.

505.3 Continuity. Handrails shall be continuous within the full length of each stair flight or ramp run. Inside handrails on switchback or dogleg stairs and ramps shall be continuous between flights or runs.

EXCEPTION: In assembly areas, handrails on ramps shall not be required to be continuous in aisles serving seating.

505.4 Height. Top of gripping surfaces of handrails shall be 34 inches (865 mm) minimum and 38 inches (965 mm) maximum vertically above walking surfaces, stair nosings, and ramp surfaces. Handrails shall be at a consistent height above walking surfaces, stair nosings, and ramp surfaces.

Figure 505.4 Handrail Height

505.5 Clearance. Clearance between handrail gripping surfaces and adjacent surfaces shall be 1 1/2 inches (38 mm) minimum.

Figure 505.5 Handrail Clearance

505.6 Gripping Surface. Handrail gripping surfaces shall be continuous along their length and shall not be obstructed along their tops or sides. The bottoms of handrail gripping surfaces shall not be obstructed for more than 20 percent of their length. Where provided, horizontal projections shall occur 1 1/2 inches (38 mm) minimum below the bottom of the handrail gripping surface.

EXCEPTIONS:

1. Where handrails are provided along walking surfaces with slopes not steeper than 1:20, the bottoms of handrail gripping surfaces shall be permitted to be obstructed along their entire length where they are integral to crash rails or bumper guards.

2. The distance between horizontal projections and the bottom of the gripping surface shall be permitted to be reduced by 1/8 inch (3.2 mm) for each 1/2 inch (13 mm) of additional handrail perimeter dimension that exceeds 4 inches (100 mm).

Figure 505.6 Horizontal Projections below Gripping Surface

505.7 Cross Section. Handrail gripping surfaces shall have a cross section complying with 505.7.1 or 505.7.2.

505.7.1 Circular Cross Section. Handrail gripping surfaces with a circular cross section shall have an outside diameter of 1 1/4 inches (32 mm) minimum and 2 inches (51 mm) maximum.

505.7.2 Non-Circular Cross Sections. Handrail gripping surfaces with a non-circular cross section shall have a perimeter dimension of 4 inches (100 mm) minimum and 6 1/4 inches (160 mm) maximum, and a cross-section dimension of 2 1/4 inches (57 mm) maximum.

Figure 505.7.2 Handrail Non-Circular Cross Section

505.8 Surfaces. Handrail gripping surfaces and any surfaces adjacent to them shall be free of sharp or abrasive elements and shall have rounded edges.

505.9 Fittings. Handrails shall not rotate within their fittings.

505.10 Handrail Extensions. Handrail gripping surfaces shall extend beyond and in the same direction of stair flights and ramp runs in accordance with 505.10.

EXCEPTIONS:

1. Extensions shall not be required for continuous handrails at the inside turn of switchback or dogleg stairs and ramps.

2. In assembly areas, extensions shall not be required for ramp handrails in aisles serving seating where the handrails are discontinuous to provide access to seating and to permit crossovers within aisles.

3. In alterations, full extensions of handrails shall not be required where such extensions would be hazardous due to plan configuration.

505.10.1 Top and Bottom Extension at Ramps. Ramp handrails shall extend horizontally above the landing for 12 inches (305 mm) minimum beyond the top and bottom of ramp runs. Extensions shall return to a wall, guard, or the landing surface, or shall be continuous to the handrail of an adjacent ramp run.

Figure 505.10.1 Top and Bottom

Handrail Extension at Ramps

505.10.2 Top Extension at Stairs. At the top of a stair flight, handrails shall extend horizontally above the landing for 12 inches (305 mm) minimum beginning directly above the first riser nosing. Extensions shall return to a wall, guard, or the landing surface, or shall be continuous to the handrail of an adjacent stair flight.

Figure 505.10.2 Top Handrail Extension at Stairs

505.10.3 Bottom Extension at Stairs. At the bottom of a stair flight, handrails shall extend at the slope of the stair flight for a horizontal distance at least equal to one tread depth beyond the last riser nosing. Extension shall return to a wall, guard, or the landing surface, or shall be continuous to the handrail of an adjacent stair flight.

Figure 505.10.3 Bottom Handrail Extension at Stairs

506 Accessible Means of Egress

506.1 Accessible Means of Egress Required. Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress. Where more than one means of egress are required by the applicable building code from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.

EXCEPTIONS:

1. Accessible means of egress are not required to be provided in existing buildings.

2. One accessible means of egress is required from an accessible mezzanine level in accordance with 506.3, 506.4 or 506.5.

3. In assembly areas with ramped aisles or stepped aisles, one accessible means of egress is permitted where the common path of egress travel is accessible and meets the requirements of the applicable building code.

506.2 Continuity and Components. Each required accessible means of egress shall be continuous to a public way and shall consist of one or more of the following components:

1. Accessible routes complying with Chapter 4.

2. Interior exit stairways complying with 506.3 and the requirements of the applicable building code.

3. Exit access stairways complying with 506.3 and the requirements of the applicable building code.

4. Exterior exit stairways complying with 506.3 and the requirements of the applicable building code and serving levels other than the level of exit discharge.

5. Elevators complying with 407 and 506.4.

6. Platform lifts complying with 410 and 506.5.

7. Horizontal exits complying with the requirements of the applicable building code.

8. Ramps complying with 405 and the requirements of the applicable building code.

9. Areas of refuge complying with 506.6.

10. Exterior areas for assisted rescue complying with 506.7 serving exits at the level of exit discharge.

506.2.1 Elevators Required. In buildings where a required accessible floor is four or more stories above or below a level of exit discharge, not less than one required accessible means of egress shall be an elevator complying with 506.4.

EXCEPTIONS:

1. In buildings equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code, the elevator shall not be required on floors provided with a horizontal exit and located at or above the levels of exit discharge.

2. In buildings equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code, the elevator shall not be required on floors provided with a ramp complying with 405 and the requirements of the applicable building code.

506.3 Stairways. In order to be considered part of an accessible means of egress, a stairway between stories shall have a clear width of 48 inches (1219 mm) minimum between handrails and shall either incorporate an area of refuge within an enlarged floor-level landing or shall be accessed from an area of refuge complying with 506.6. Exit access stairways that connect levels in the same story are not permitted as part of an accessible means of egress.

EXCEPTIONS:

1. Exit access stairways providing means of egress from mezzanines are permitted as part of an accessible means of egress.

2. The clear width of 48 inches (1219 mm) between handrails is not required in buildings equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code.

3. The clear width of 48 inches (1219 mm) between handrails is not required for stairways accessed from an area of refuge in conjunction with a horizontal exit.

4. Areas of refuge are not required at exit access stairways where two-way communication is provided at the elevator landing in accordance with 506.8.

5. Areas of refuge are not required at stairways in buildings equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code.

6. Areas of refuge are not required at stairways serving open parking garages.

7. Areas of refuge are not required for smoke-protected assembly seating areas complying with the requirements of the applicable building code.

8. Areas of refuge are not required at stairways in residential multi-family occupancies.

9. Areas of refuge are not required for stairways accessed from a refuge area in conjunction with a horizontal exit.

506.4 Elevators. In order to be considered part of an accessible means of egress, an elevator shall comply with the emergency operation and signaling device requirements of Section 2.27 of ASME A17.1/CSA B44. Standby power complying with the requirements of the applicable building code shall be provided. The elevator shall be accessed from an area of refuge complying with 506.6.

EXCEPTIONS:

1. Areas of refuge are not required at the elevator in open parking garages.

2. Areas of refuge are not required in buildings and facilities equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code.

3. Areas of refuge are not required at elevators that are not required by the applicable building code to be located in a shaft.

4. Areas of refuge are not required at elevators serving smoke-protected assembly seating areas complying with the requirements of the applicable building code.

5. Areas of refuge are not required for elevators accessed from a refuge area in conjunction with a horizontal exit.

506.5 Platform Lifts. Platform lifts complying with 410 shall be permitted to serve as part of an accessible means of egress where allowed as part of a required accessible route in 506.8 except for Item 10. Standby power complying with the requirements of the applicable building code shall be provided for the platform lift.

506.6 Areas of Refuge. Every required area of refuge shall be accessible from the space it serves by an accessible means of egress.

506.6.1 Travel Distance. The maximum travel distance from any accessible space to an area of refuge shall not exceed the exit access travel distance permitted by the applicable building code for the occupancy.

506.6.2 Stairway or Elevator Access. Every required area of refuge shall have direct access to a stairway complying with 506.3 or an elevator complying with 506.4.

506.6.3 Size. Each area of refuge shall be sized to accommodate one wheelchair space of 30 inches by 48 inches (762 mm by 1219 mm) for each 200 occupants or portion thereof, based on the occupant load of the area of refuge and areas served by the area of refuge. Such wheelchair spaces shall not reduce the means of egress minimum width or required capacity. Access to any of the required wheelchair spaces in an area of refuge shall not be obstructed by more than one adjoining wheelchair space.

506.6.4 Separation. Each area of refuge shall be separated from the remainder of the story by a smoke barrier or a horizontal exit complying with the requirements of the applicable building code. Each area of refuge shall be designed to minimize the intrusion of smoke.

EXCEPTIONS:

1. Areas of refuge located within an enclosure for interior exit stairways complying with the requirements of the applicable building code.

2. Areas of refuge in outdoor facilities where exit access is essentially open to the outside.

506.6.5 Two-way Communication. Areas of refuge shall be provided with a two-way communication system complying with 506.8.1 and 506.8.2.

506.7 Exterior Areas for Assisted Rescue. Exterior areas for assisted rescue shall be accessed by an accessible route from the area served.

Where the exit discharge does not include an accessible route from an exit located on the level of exit discharge to a public way, an exterior area of assisted rescue shall be provided on the exterior landing in accordance with 506.7.1 through 506.7.4.

506.7.1 Size. Each exterior area for assisted rescue shall be sized to accommodate wheelchair spaces in accordance with 506.6.3.

506.7.2 Separation. Exterior walls separating the exterior area of assisted rescue from the interior of the building shall have a minimum fire-resistance rating of 1 hour, rated for exposure to fire from the inside. The fire-resistance-rated exterior wall construction shall extend horizontally 10 feet (3050 mm) beyond the landing on either side of the landing or equivalent fire-resistance-rated construction is permitted to extend out perpendicular to the exterior wall 4 feet (1220 mm) minimum on the side of the landing. The fire-resistance-rated construction shall extend vertically from the ground to a point 10 feet (3050 mm) above the floor level of the area for assisted rescue or to the roof line, whichever is lower. Openings within such fire-resistance-rated exterior walls shall be protected in accordance with the requirements of the applicable building code.

506.7.3 Openness. The exterior area for assisted rescue shall be open to the outside air. The sides other than the separation walls shall be not less than 50 percent open, and the open area shall be distributed so as to minimize the accumulation of smoke or toxic gases.

506.7.4 Stairways. Stairways that are part of the means of egress for the exterior area for assisted rescue shall provide a clear width of 48 inches (1220 mm) between handrails.

EXCEPTION. The clear width of 48 inches (1220 mm) between handrails is not required at stairways serving buildings equipped throughout with a supervised automatic sprinkler system installed in accordance with the applicable building code.

506.8 Two-Way Communication. A two-way communication system complying with 506.8.1 and 506.8.2 shall be provided at the landing serving each elevator or bank of elevators on each accessible floor that is one or more stories above or below the level of exit discharge.

EXCEPTIONS:

1. Two-way communication systems are not required at the landing serving each elevator or bank of elevators where the two-way communication system is provided within areas of refuge in accordance with 506.6.5.

2. Two-way communication systems are not required on floors provided with ramps complying with 405 and the requirements of the applicable building code.

3. Two-way communication systems are not required at the landings serving only service elevators that are not designated as part of the accessible means of egress or serve as part of the required accessible route into a facility.

4. Two-way communication systems are not required at the landings serving only freight elevators.

5. Two-way communication systems are not required at the landing serving a private residence elevator.

506.8.1 System Requirements. Two-way communication systems shall provide communication between each required location and the fire command center or a central control point location approved by the fire department. Where the central control point is not a constantly attended location, a two-way communication system shall have a timed automatic telephone dial-out capability to a monitoring location or 9-1-1. The two-way communication system shall include both audible and visible signals. If a handset is provided, the handset cords shall be 29 inches (735 mm) long minimum.

506.8.2 Directions. Directions for the use of the two-way communication system, instructions for summoning assistance via the two-way communication system and written identification of the location shall be posted adjacent to the two-way communication system. Signage shall comply with 703.5 for visual characters.

506.9 Signage. Signage indicating special accessibility provisions shall be provided as shown:

1. Each door providing access to an area of refuge from an adjacent floor area shall be identified by a sign stating: AREA OF REFUGE.

2. Each door providing access to an exterior area for assisted rescue shall be identified by a sign stating: EXTERIOR AREA FOR ASSISTED RESCUE.

Signage shall comply with 703.5 for visual characters and include the International Symbol of Accessibility. Where exit sign illumination is required by the applicable building code, the signs shall be illuminated. Additionally, visual characters, raised characters and braille signage complying with 703 shall be located at each door to an area of refuge and exterior area for assisted rescue in accordance with the requirements of the applicable building code.

506.10 Directional Signage. Directional signage indicating the location of all other means of egress and which of them are accessible means of egress shall be provided at the following:

1. At exits serving a required accessible space but not providing an approved accessible means of egress.

2. At elevator landings.

3. Within areas of refuge.

506.11 Instructions. In areas of refuge and exterior areas for assisted rescue, instructions on the use of the area under emergency conditions shall be posted. Signage shall comply with 703.5 for visual characters. The instructions shall include all of the following:

1. Persons able to use the exit stairway do so as soon as possible, unless they are assisting others.

2. Information on planned availability of assistance in the use of stairs or supervised operation of elevators and how to summon such assistance.

3. Directions for use of the two-way communication system where provided.

CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES

601 General

601.1 Scope. The provisions of Chapter 6 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

602 Drinking Fountains

602.1 General. Drinking fountains shall comply with 307 and 602.

602.2 Clear Floor Space. Units shall have a clear floor or ground space complying with 305 positioned for a forward approach and centered on the unit. Knee and toe clearance complying with 306 shall be provided.

EXCEPTION: A parallel approach complying with 305 shall be permitted at units for children's use where the spout is 30 inches (760 mm) maximum above the finish floor or ground and is 3⅓ inches (90 mm) maximum from the front edge of the unit, including bumpers.

602.3 Operable Parts. Operable parts shall comply with 309.

602.4 Spout Height. Spout outlets shall be 36 inches (915 mm) maximum above the finish floor or ground.

602.5 Spout Location. The spout shall be located 15 inches (380 mm) minimum from the vertical support and 5 inches (125 mm) maximum from the front edge of the unit, including bumpers.

Figure 602.5 Drinking Fountain Spout Location

602.6 Water Flow. The spout shall provide a flow of water 4 inches (100 mm) high minimum and shall be located 5 inches (125 mm) maximum from the front of the unit. The angle of the water stream shall be measured horizontally relative to the front face of the unit. Where spouts are located less than 3 inches (75 mm) of the front of the unit, the angle of the water stream shall be 30 degrees maximum. Where spouts are located between 3 inches (75 mm) and 5 inches (125 mm) maximum from the front of the unit, the angle of the water stream shall be 15 degrees maximum.

602.7 Drinking Fountains for Standing Persons. Spout outlets of drinking fountains for standing persons shall be 38 inches (965 mm) minimum and 43 inches (1090 mm) maximum above the finish floor or ground.

603 Toilet and Bathing Rooms

603.1 General. Toilet and bathing rooms shall comply with 603.

603.2 Clearances. Clearances shall comply with 603.2.

603.2.1 Turning Space. Turning space complying with 304 shall be provided within the room.

603.2.2 Overlap. Required clear floor spaces, clearance at fixtures, and turning space shall be permitted to overlap.

603.2.3 Door Swing. Doors shall not swing into the clear floor space or clearance required for any fixture. Doors shall be permitted to swing into the required turning space.

EXCEPTIONS:

1. Doors to a toilet room or bathing room for a single occupant accessed only through a private office and not for common use or public use shall be permitted to swing into the clear floor space or clearance provided the swing of the door can be reversed to comply with 603.2.3.

2. Where the toilet room or bathing room is for individual use and a clear floor space complying with 305.3 is provided within the room beyond the arc of the door swing, doors shall be permitted to swing into the clear floor space or clearance required for any fixture. This exception shall also apply to toilet and bathing rooms within dwelling units required to comply with 812.

603.3 Mirrors. Mirrors located above lavatories or countertops shall be installed with the bottom edge of the reflecting surface 40 inches (1015 mm) maximum above the finish floor or ground. Mirrors not located above lavatories or countertops shall be installed with the bottom edge of the reflecting surface 35 inches (890 mm) maximum above the finish floor or ground.

603.4 Coat Hooks and Shelves. Coat hooks and shelves shall be located within one of the reach ranges specified in 308. Shelves shall be located 40 inches (1015 mm) minimum and 48 inches (1220 mm) maximum above the finish floor.

604 Water Closets and Toilet Compartments

604.1 General. Water closets and toilet compartments shall comply with 604.2 through 604.8.

EXCEPTION: Water closets and toilet compartments for children's use shall be permitted to comply with 604.9.

604.2 Location. The water closet shall be positioned with a wall or partition to the rear and to one side. The centerline of the water closet shall be 16 inches (405 mm) minimum to 18 inches (455 mm) maximum from the side wall or partition, except that the water closet shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum from the side wall or partition in the ambulatory accessible toilet compartment specified in 604.8.2. Water closets shall be arranged for a left-hand or right-hand approach.

Figure 604.2 Water Closet Location

604.3 Clearance. Clearances around water closets and in toilet compartments shall comply with 604.3.

604.3.1 Size. Clearance around a water closet shall be 60 inches (1525 mm) minimum measured perpendicular from the side wall and 56 inches (1420 mm) minimum measured perpendicular from the rear wall.

Figure 604.3.1 Size of Clearance at Water Closets

604.3.2 Overlap. The required clearance around the water closet shall be permitted to overlap the water closet, associated grab bars, dispensers, sanitary napkin disposal units, coat hooks, shelves, accessible routes, clear floor space and clearances required at other fixtures, and the turning space. No other fixtures or obstructions shall be located within the required water closet clearance.

EXCEPTION: In residential dwelling units required to comply with 809 and in multi-story housing required to comply with 812, a lavatory complying with 606 shall be permitted on the rear wall 18 inches (455 mm) minimum from the water closet centerline where the clearance at the water closet is 66 inches (1675 mm) minimum measured perpendicular from the rear wall.

Figure 604.3.2 (Exception) Overlap of Water Closet Clearance in Residential Dwelling Units

604.3.3 Changes in Level. Floor or ground surface within the required clearance shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

604.4 Seats. The seat height of a water closet above the finish floor shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum measured to the top of the seat. Seats shall not be sprung to return to a lifted position.

EXCEPTIONS:

1. A water closet in a toilet room for a single occupant accessed only through a private office and not for common use or public use shall not be required to comply with 604.4.

2. In residential dwelling units required to comply with 809 or 812, the height of water closets shall be permitted to be 15 inches (380 mm) minimum and 19 inches (485 mm) maximum above the finish floor measured to the top of the seat.

604.5 Grab Bars. Grab bars for water closets shall comply with 609. Grab bars shall be provided on the side wall closest to the water closet and on the rear wall.

EXCEPTIONS:

1. Grab bars shall not be required to be installed in a toilet room for a single occupant accessed only through a private office and not for common use or public use provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 604.5.

2. In residential dwelling units required to comply with 809 and in multi-story housing required to comply with 812, grab bars shall not be required to be installed in toilet or bathrooms provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 607.4.

3. In detention or correction facilities, grab bars shall not be required to be installed in housing or holding cells that are specially designed without protrusions for purposes of suicide prevention.

604.5.1 Side Wall. The side wall grab bar shall be 42 inches (1065 mm) long minimum, located 12 inches (305 mm) maximum from the rear wall and extending 54 inches (1370 mm) minimum from the rear wall.

Figure 604.5.1 Side Wall Grab Bar at Water Closets

604.5.2 Rear Wall. The rear wall grab bar shall be 36 inches (915 mm) long minimum and extend from the centerline of the water closet 12 inches (305 mm) minimum on one side and 24 inches (610 mm) minimum on the other side.

EXCEPTIONS:

1. The rear grab bar shall be permitted to be 24 inches (610 mm) long minimum, centered on the water closet, where wall space does not permit a length of 36 inches (915 mm) minimum due to the location of a recessed fixture adjacent to the water closet.

2. Where an administrative authority requires flush controls for flush valves to be located in a position that conflicts with the location of the rear grab bar, then the rear grab bar shall be permitted to be split or shifted to the open side of the toilet area.

Figure 604.5.2 Rear Wall Grab Bar at Water Closets

604.6 Flush Controls. Flush controls shall be hand operated or automatic. Hand operated flush controls shall comply with 309. Flush controls shall be located on the open side of the water closet except in ambulatory accessible compartments complying with 604.8.2.

604.7 Dispensers. Toilet paper dispensers shall comply with 309.4 and shall be 7 inches (180 mm) minimum and 9 inches (230 mm) maximum in front of the water closet measured to the centerline of the dispenser. The outlet of the dispenser shall be 15 inches (380 mm) minimum and 48 inches (1220 mm) maximum above the finish floor and shall not be located behind grab bars. Dispensers shall not be of a type that controls delivery or that does not allow continuous paper flow.

Figure 604.7 Dispenser Outlet Location

604.8 Toilet Compartments. Wheelchair accessible toilet compartments shall meet the requirements of 604.8.1 and 604.8.3. Compartments containing more than one plumbing fixture shall comply with 603. Ambulatory accessible compartments shall comply with 604.8.2 and 604.8.3.

604.8.1 Wheelchair Accessible Compartments. Wheelchair accessible compartments shall comply with 604.8.1.

604.8.1.1 Size. Wheelchair accessible compartments shall be 60 inches (1525 mm) wide minimum measured perpendicular to the side wall, and 56 inches (1420 mm) deep minimum for wall hung water closets and 59 inches (1500 mm) deep minimum for floor mounted water closets measured perpendicular to the rear wall. Wheelchair accessible compartments for children's use shall be 60 inches (1525 mm) wide minimum measured perpendicular to the side wall, and 59 inches (1500 mm) deep minimum for wall hung and floor mounted water closets measured perpendicular to the rear wall.

Figure 604.8.1.1 Size of Wheelchair Accessible Toilet Compartment

604.8.1.2 Doors. Toilet compartment doors, including door hardware, shall comply with 404 except that if the approach is to the latch side of the compartment door, clearance between the door side of the compartment and any obstruction shall be 42 inches (1065 mm) minimum. Doors shall be located in the front partition or in the side wall or partition farthest from the water closet. Where located in the front partition, the door opening shall be 4 inches (100 mm) maximum from the side wall or partition farthest from the water closet. Where located in the side wall or partition, the door opening shall be 4 inches (100 mm) maximum from the front partition. The door shall be self-closing. A door pull complying with 404.2.7 shall be placed on both sides of the door near the latch. Toilet compartment doors shall not swing into the minimum required compartment area.

Figure 604.8.1.2 Wheelchair Accessible Toilet Compartment Doors

604.8.1.3 Approach. Compartments shall be arranged for left-hand or right-hand approach to the water closet.

604.8.1.4 Toe Clearance. The front partition and at least one side partition shall provide a toe clearance of 9 inches (230 mm) minimum above the finish floor and 6 inches (150 mm) deep minimum beyond the compartment-side face of the partition, exclusive of partition support members. Compartments for children's use shall provide a toe clearance of 12 inches (305 mm) minimum above the finish floor.

EXCEPTION: Toe clearance at the front partition is not required in a compartment greater than 62 inches (1575 mm) deep with a wall-hung water closet or 65 inches (1650 mm) deep with a floor-mounted water closet. Toe clearance at the side partition is not required in a compartment greater than 66 inches (1675 mm) wide. Toe clearance at the front partition is not required in a compartment for children's use that is greater than 65 inches (1650 mm) deep.

Figure 604.8.1.4 Wheelchair Accessible Toilet Compartment Toe Clearance

604.8.1.5 Grab Bars. Grab bars shall comply with 609. A side-wall grab bar complying with 604.5.1 shall be provided and shall be located on the wall closest to the water closet. In addition, a rear-wall grab bar complying with 604.5.2 shall be provided.

604.8.2 Ambulatory Accessible Compartments. Ambulatory accessible compartments shall comply with 604.8.2.

604.8.2.1 Size. Ambulatory accessible compartments shall have a depth of 60 inches (1525 mm) minimum and a width of 35 inches (890 mm) minimum and 37 inches (940 mm) maximum.

604.8.2.2 Doors. Toilet compartment doors, including door hardware, shall comply with 404, except that if the approach is to the latch side of the compartment door, clearance between the door side of the compartment and any obstruction shall be 42 inches (1065 mm) minimum. The door shall be self-closing. A door pull complying with 404.2.7 shall be placed on both sides of the door near the latch. Toilet compartment doors shall not swing into the minimum required compartment area.

604.8.2.3 Grab Bars. Grab bars shall comply with 609. A side-wall grab bar complying with 604.5.1 shall be provided on both sides of the compartment.

Figure 604.8.2 Ambulatory Accessible Toilet Compartment

604.8.3 Coat Hooks and Shelves. Coat hooks shall be located within one of the reach ranges specified in 308. Shelves shall be located 40 inches (1015 mm) minimum and 48 inches (1220 mm) maximum above the finish floor.

604.9 Water Closets and Toilet Compartments for Children's Use. Water closets and toilet compartments for children's use shall comply with 604.9.

604.9.1 Location. The water closet shall be located with a wall or partition to the rear and to one side. The centerline of the water closet shall be 12 inches (305 mm) minimum and 18 inches (455 mm) maximum from the side wall or partition, except that the water closet shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum from the side wall or partition in the ambulatory accessible toilet compartment specified in 604.8.2. Compartments shall be arranged for left-hand or right-hand approach to the water closet.

604.9.2 Clearance. Clearance around a water closet shall comply with 604.3.

604.9.3 Height. The height of water closets shall be 11 inches (280 mm) minimum and 17 inches (430 mm) maximum measured to the top of the seat. Seats shall not be sprung to return to a lifted position.

604.9.4 Grab Bars. Grab bars for water closets shall comply with 604.5.

604.9.5 Flush Controls. Flush controls shall be hand operated or automatic. Hand operated flush controls shall comply with 309.2 and 309.4 and shall be installed 36 inches (915 mm) maximum above the finish floor. Flush controls shall be located on the open side of the water closet except in ambulatory accessible compartments complying with 604.8.2.

604.9.6 Dispensers. Toilet paper dispensers shall comply with 309.4 and shall be 7 inches (180 mm) minimum and 9 inches (230 mm) maximum in front of the water closet measured to the centerline of the dispenser. The outlet of the dispenser shall be 14 inches (355 mm) minimum and 19 inches (485 mm) maximum above the finish floor. There shall be a clearance of 1 1/2 inches (38 mm) minimum below the grab bar. Dispensers shall not be of a type that controls delivery or that does not allow continuous paper flow.

604.9.7 Toilet Compartments. Toilet compartments shall comply with 604.8.

605 Urinals

605.1 General. Urinals shall comply with 605.

605.2 Height and Depth. Urinals shall be the stall-type or the wall-hung type with the rim 17 inches (430 mm) maximum above the finish floor or ground. Urinals shall be 13 1/2 inches (345 mm) deep minimum measured from the outer face of the urinal rim to the back of the fixture.

Figure 605.2 Height and Depth of Urinals

605.3 Clear Floor Space. A clear floor or ground space complying with 305 positioned for forward approach shall be provided.

605.4 Flush Controls. Flush controls shall be hand operated or automatic. Hand operated flush controls shall comply with 309.

606 Lavatories and Sinks

606.1 General. Lavatories and sinks shall comply with 606.

606.2 Clear Floor Space. A clear floor space complying with 305, positioned for a forward approach, and knee and toe clearance complying with 306 shall be provided.

EXCEPTIONS:

1. A parallel approach complying with 305 shall be permitted to a kitchen sink in a space where a cook top or conventional range is not provided and to wet bars.

2. A lavatory in a toilet room or bathing facility for a single occupant accessed only through a private office and not for common use or public use shall not be required to provide knee and toe clearance complying with 306.

3. In residential dwelling units required to comply with 809 812, cabinetry shall be permitted under lavatories and kitchen sinks provided that all of the following conditions are met:

(a) the cabinetry can be removed without removal or replacement of the fixture;

(b) the finish floor extends under the cabinetry; and

(c) the walls behind and surrounding the cabinetry are finished.

4. A knee clearance of 24 inches (610 mm) minimum above the finish floor or ground shall be permitted at lavatories and sinks used primarily by children 6 through 12 years where the rim or counter surface is 31 inches (785 mm) maximum above the finish floor or ground.

5. A parallel approach complying with 305 shall be permitted to lavatories and sinks used primarily by children 5 years and younger.

6. The dip of the overflow shall not be considered in determining knee and toe clearances.

7. No more than one bowl of a multi-bowl sink shall be required to provide knee and toe clearance complying with 306.

606.3 Height. Lavatories and sinks shall be installed with the front of the higher of the rim or counter surface 34 inches (865 mm) maximum above the finish floor or ground.

EXCEPTIONS:

1. A lavatory in a toilet or bathing facility for a single occupant accessed only through a private office and not for common use or public use shall not be required to comply with 606.3.

2. In residential dwelling unit kitchens required to comply with 809 or 812, sinks that are adjustable to variable heights, 29 inches (735 mm) minimum and 36 inches (915 mm) maximum, shall be permitted where rough-in plumbing permits connections of supply and drain pipes for sinks mounted at the height of 29 inches (735 mm).

606.4 Faucets. Controls for faucets shall comply with 309. Hand-operated metering faucets shall remain open for 10 seconds minimum.

606.5 Exposed Pipes and Surfaces. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. There shall be no sharp or abrasive surfaces under lavatories and sinks.

607 Bathtubs

607.1 General. Bathtubs shall comply with 607.

607.2 Clearance. Clearance in front of bathtubs shall extend the length of the bathtub and shall be 30 inches (760 mm) wide minimum. A lavatory complying with 606 shall be permitted at the control end of the clearance. Where a permanent seat is provided at the head end of the bathtub, the clearance shall extend 12 inches (305 mm) minimum beyond the wall at the head end of the bathtub. Floor or ground surface within the required clearance shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

Figure 607.2 Clearance for Bathtubs

607.3 Seat. A permanent seat at the head end of the bathtub or a removable in-tub seat shall be provided. Seats shall comply with 610.

607.4 Grab Bars. Grab bars for bathtubs shall comply with 609 and shall be provided in accordance with 607.4.1 or 607.4.2.

EXCEPTIONS:

1. Grab bars shall not be required to be installed in a bathtub located in a bathing facility for a single occupant accessed only through a private office and not for common use or public use provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 607.4.

2. In residential dwelling units required to comply with 809 and in multi-story housing required to comply with 812, grab bars shall not be required to be installed in bathtubs located in bathing facilities provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 607.4.

607.4.1 Bathtubs with Permanent Seats. For bathtubs with permanent seats, grab bars shall be provided in accordance with 607.4.1.

607.4.1.1 Back Wall. Two grab bars shall be installed on the back wall, one located in accordance with 609.4 and the other located 8 inches (205 mm) minimum and 10 inches (255 mm) maximum above the rim of the bathtub. Each grab bar shall be installed 15 inches (380 mm) maximum from the head end wall and 12 inches (305 mm) maximum from the control end wall.

607.4.1.2 Control End Wall. A grab bar 24 inches (610 mm) long minimum shall be installed on the control end wall at the front edge of the bathtub.

Figure 607.4.1 Grab Bars for Bathtubs with Permanent Seats

607.4.2 Bathtubs without Permanent Seats. For bathtubs without permanent seats, grab bars shall comply with 607.4.2.

607.4.2.1 Back Wall. Two grab bars shall be installed on the back wall, one located in accordance with 609.4 and other located 8 inches (205 mm) minimum and 10 inches (255 mm) maximum above the rim of the bathtub. Each grab bar shall be 24 inches (610 mm) long minimum and shall be installed 24 inches (610 mm) maximum from the head end wall and 12 inches (305 mm) maximum from the control end wall.

607.4.2.2 Control End Wall. A grab bar 24 inches (610 mm) long minimum shall be installed on the control end wall at the front edge of the bathtub.

607.4.2.3 Head End Wall. A grab bar 12 inches (305 mm) long minimum shall be installed on the head end wall at the front edge of the bathtub.

Figure 607.4.2 Grab Bars for Bathtubs with Removable In-Tub Seats

607.5 Controls. Controls, other than drain stoppers, shall be located on an end wall. Controls shall be between the bathtub rim and grab bar, and between the open side of the bathtub and the centerline of the width of the bathtub. Controls shall comply with 309.4.

Figure 607.5 Bathtub Control Location

607.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches (1500 mm) long minimum that can be used both as a fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall be located within one or more of the reach ranges specified in 308. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. Bathtub shower spray units shall deliver water that does not exceed the maximum temperature allowed by the Illinois Plumbing Code.

607.7 Bathtub Enclosures. Enclosures for bathtubs shall not obstruct controls, faucets, shower and spray units, or obstruct transfer from wheelchairs onto bathtub seats or into bathtubs. Enclosures on bathtubs shall not have tracks installed on the rim of the open face of the bathtub.

608 Shower Compartments

608.1 General. Shower compartments shall comply with 608.

608.2 Size and Clearances for Shower Compartments. Shower compartments shall have sizes and clearances complying with 608.2. Floor or ground surface within the required clearances shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

608.2.1 Transfer Type Shower Compartments. Transfer type shower compartments shall be 36 inches (915 mm) by 36 inches (915 mm) clear inside dimensions measured at the center points of opposing sides and shall have a 36 inch (915 mm) wide minimum entry on the face of the shower compartment. Clearance of 36 inches (915 mm) wide minimum by 48 inches (1220 mm) long minimum measured from the control wall shall be provided.

Figure 608.2.1 Transfer Type Shower Compartment Size and Clearance

608.2.2 Standard Roll-In Type Shower Compartments. Standard roll-in type shower compartments shall be 30 inches (760 mm) wide minimum by 60 inches (1525 mm) deep minimum clear inside dimensions measured at center points of opposing sides and shall have a 60 inches (1525 mm) wide minimum entry on the face of the shower compartment.

608.2.2.1 Clearance. A 30 inch (760 mm) wide minimum by 60 inch (1525 mm) long minimum clearance shall be provided adjacent to the open face of the shower compartment.

EXCEPTION: A lavatory complying with 606 shall be permitted on one 30 inch (760 mm) wide minimum side of the clearance provided that it is not on the side of the clearance adjacent to the controls or, where provided, not on the side of the clearance adjacent to the shower seat.

Figure 608.2.2 Standard Roll-In Type Shower Compartment Size and Clearance

608.2.3 Alternate Roll-In Type Shower Compartments. Alternate roll-in type shower compartments shall be 36 inches (915 mm) wide and 60 inches (1525 mm) deep minimum clear inside dimensions measured at center points of opposing sides. A 36 inch (915 mm) wide minimum entry shall be provided at one end of the long side of the compartment.

Figure 608.2.3 Alternate Roll-In Type Shower Compartment Size and Clearance

608.3 Grab Bars. Grab bars shall comply with 609 and shall be provided in accordance with 608.3. Where multiple grab bars are used, required horizontal grab bars shall be installed at the same height above the finish floor.

EXCEPTIONS:

1. Grab bars shall not be required to be installed in a shower located in a bathing facility for a single occupant accessed only through a private office, and not for common use or public use provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 608.3.

2. In residential dwelling units required to comply with 809 and in multi-story housing required to comply with 812, grab bars shall not be required to be installed in showers located in bathing facilities provided that reinforcement has been installed in walls and located so as to permit the installation of grab bars complying with 608.3.

608.3.1 Transfer Type Shower Compartments. In transfer type compartments, grab bars shall be provided across the control wall and back wall to a point 18 inches (455 mm) from the control wall.

Figure 608.3.1 Grab Bars for Transfer Type Showers

608.3.2 Standard Roll-In Type Shower Compartments. Where a seat is provided in standard roll-in type shower compartments, grab bars shall be provided on the back wall and the side wall opposite the seat. Grab bars shall not be provided above the seat. Where a seat is not provided in standard roll-in type shower compartments, grab bars shall be provided on three walls. Grab bars shall be installed 6 inches (150 mm) maximum from adjacent walls.

Figure 608.3.2 Grab Bars for Standard Roll-In Type Showers

608.3.3 Alternate Roll-In Type Shower Compartments. In alternate roll-in type shower compartments, grab bars shall be provided on the back wall and the side wall farthest from the compartment entry. Grab bars shall not be provided above the seat. Grab bars shall be installed 6 inches (150 mm) maximum from adjacent walls.

Figure 608.3.3 Grab Bars for Alternate Roll-In Type Showers

608.4 Seats. A folding or non-folding seat shall be provided in transfer type shower compartments. A folding seat shall be provided in roll-in type showers required in transient lodging guest rooms with mobility features complying with 806.2. Seats shall comply with 610.

EXCEPTION: In residential dwelling units required to comply with 809 and in multi-story housing required to comply with 812, seats shall not be required in transfer type shower compartments provided that reinforcement has been installed in walls so as to permit the installation of seats complying with 608.4.

608.5 Controls. Controls, faucets, and shower spray units shall comply with 309.4.

608.5.1 Transfer Type Shower Compartments. In transfer type shower compartments, the controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches (965 mm) minimum and 48 inches (1220 mm) maximum above the shower floor and shall be located on the control wall 15 inches (380 mm) maximum from the centerline of the seat toward the shower opening.

Figure 608.5.1 Transfer Type Shower Compartment Control Location

608.5.2 Standard Roll-In Type Shower Compartments. In standard roll-in type shower compartments, the controls, faucets, and shower spray unit shall be located above the grab bar, but no higher than 48 inches (1220 mm) above the shower floor. Where a seat is provided, the controls, faucets, and shower spray unit shall be installed on the back wall adjacent to the seat wall and shall be located 27 inches (685 mm) maximum from the seat wall.

Figure 608.5.2 Standard Roll-In Type Shower Compartment Control Location

608.5.3 Alternate Roll-In Type Shower Compartments. In alternate roll-in type shower compartments, the controls, faucets, and shower spray unit shall be located above the grab bar, but no higher than 48 inches (1220 mm) above the shower floor. Where a seat is provided, the controls, faucets, and shower spray unit shall be located on the side wall adjacent to the seat 27 inches (685 mm) maximum from the side wall behind the seat or shall be located on the back wall opposite the seat 15 inches (380 mm) maximum, left or right, of the centerline of the seat. Where a seat is not provided, the controls, faucets, and shower spray unit shall be installed on the side wall farthest from the compartment entry.

Figure 608.5.3 Alternate Roll-In Type Shower Compartment Control Location

608.6 Shower Spray Unit and Water. A shower spray unit with a hose 59 inches (1500 mm) long minimum that can be used both as a fixed-position shower head and as a hand-held shower shall be provided. The shower spray unit shall have an on/off control with a non-positive shut-off. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars or shower controls. Shower spray units shall deliver water that does not exceed the maximum temperature allowed by the Illinois Plumbing Code.

EXCEPTION: A fixed shower head located at 48 inches (1220 mm) maximum above the shower finish floor shall be permitted instead of a hand-held spray unit in facilities that are not medical care facilities, long-term care facilities, transient lodging guest rooms, or residential dwelling units required to comply with 809 or 812.

608.7 Thresholds. Thresholds in roll-in type shower compartments shall be 1/2 inch (13 mm) high maximum in accordance with 303. In transfer type shower compartments, thresholds 1/2 inch (13 mm) high maximum shall be beveled, rounded, or vertical.

EXCEPTION: A threshold 2 inches (51 mm) high maximum shall be permitted in transfer type shower compartments in existing facilities where provision of a 1/2 inch (13 mm) high threshold would disturb the structural reinforcement of the floor slab.

608.8 Shower Enclosures. Enclosures for shower compartments shall not obstruct controls, faucets, and shower spray units or obstruct transfer from wheelchairs onto shower seats.

609 Grab Bars

609.1 General. Grab bars in toilet facilities and bathing facilities shall comply with 609.

609.2 Cross Section. Grab bars shall have a cross section complying with 609.2.1 or 609.2.2.

609.2.1 Circular Cross Section. Grab bars with circular cross sections shall have an outside diameter of 1 1/4 inches (32 mm) minimum and 2 inches (51 mm) maximum.

609.2.2 Non-Circular Cross Section. Grab bars with non-circular cross sections shall have a cross-section dimension of 2 inches (51 mm) maximum and a perimeter dimension of 4 inches (100 mm) minimum and 4.8 inches (120 mm) maximum.

Figure 609.2.2 Grab Bar Non-Circular Cross Section

609.3 Spacing. The space between the wall and the grab bar shall be 1 1/2 inches (38 mm). The space between the grab bar and projecting objects below and at the ends shall be 1 1/2 inches (38 mm) minimum. The space between the grab bar and projecting objects above shall be 12 inches (305 mm) minimum.

EXCEPTION: The space between the grab bars and shower controls, shower fittings, and other grab bars above shall be permitted to be 1 1/2 inches (38 mm) minimum.

Figure 609.3 Spacing of Grab Bars

609.4 Position of Grab Bars. Grab bars shall be installed in a horizontal position, 33 inches (840 mm) minimum and 36 inches (915 mm) maximum above the finish floor measured to the top of the gripping surface, except that at water closets for children's use complying with 604.9, grab bars shall be installed in a horizontal position 18 inches (455 mm) minimum and 27 inches (685 mm) maximum above the finish floor measured to the top of the gripping surface. The height of the lower grab bar on the back wall of a bathtub shall comply with 607.4.1.1 or 607.4.2.1.

609.5 Surface Hazards. Grab bars and any wall or other surfaces adjacent to grab bars shall be free of sharp or abrasive elements and shall have rounded edges.

609.6 Fittings. Grab bars shall not rotate within their fittings.

609.7 Installation. Grab bars shall be installed in any manner that provides a gripping surface at the specified locations and that does not obstruct the required clear floor space.

609.8 Structural Strength. Allowable stresses shall not be exceeded for materials used when a vertical or horizontal force of 250 pounds (1112 N) is applied at any point on the grab bar, fastener, mounting device, or supporting structure.

610 Seats

610.1 General. Seats in bathtubs and shower compartments shall comply with 610.

610.2 Bathtub Seats. The top of bathtub seats shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum above the bathroom finish floor. The depth of a removable in-tub seat shall be 15 inches (380 mm) minimum and 16 inches (405 mm) maximum. The seat shall be capable of secure placement. Permanent seats at the head end of the bathtub shall be 15 inches (380 mm) deep minimum and shall extend from the back wall to or beyond the outer edge of the bathtub.

Figure 610.2 Bathtub Seats

610.3 Shower Compartment Seats. Where a seat is provided in a standard roll-in shower compartment, it shall be a folding type, shall be installed on the side wall adjacent to the controls, and shall extend from the back wall to a point within 3 inches (75 mm) of the compartment entry. Where a seat is provided in an alternate roll-in type shower compartment, it shall be a folding type, shall be installed on the front wall opposite the back wall, and shall extend from the adjacent side wall to a point within 3 inches (75 mm) of the compartment entry. In transfer-type showers, the seat shall extend from the back wall to a point within 3 inches (75 mm) of the compartment entry. The top of the seat shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum above the bathroom finish floor. Seats shall comply with 610.3.1 or 610.3.2.

Figure 610.3 Extent of Seat

610.3.1 Rectangular Seats. The rear edge of a rectangular seat shall be 2 1/2 inches (64 mm) maximum and the front edge 15 inches (380 mm) minimum and 16 inches (405 mm) maximum from the seat wall. The side edge of the seat shall be 1 1/2 inches (38 mm) maximum from the adjacent wall.

Figure 610.3.1 Rectangular Shower Seat

610.3.2 L-Shaped Seats. The rear edge of an L-shaped seat shall be 2 1/2 inches (64 mm) maximum and the front edge 15 inches (380 mm) minimum and 16 inches (405 mm) maximum from the seat wall. The rear edge of the "L" portion of the seat shall be 1 1/2 inches (38 mm) maximum from the wall and the front edge shall be 14 inches (355 mm) minimum and 15 inches (380 mm) maximum from the wall. The end of the "L" shall be 22 inches (560 mm) minimum and 23 inches maximum (585 mm) from the main seat wall.

Figure 610.3.2 L-Shaped Shower Seat

610.4 Structural Strength. Allowable stresses shall not be exceeded for materials used when a vertical or horizontal force of 250 pounds (1112 N) is applied at any point on the seat, fastener, mounting device, or supporting structure.

611 Washing Machines and Clothes Dryers

611.1 General. Washing machines and clothes dryers shall comply with 611.

611.2 Clear Floor Space. A clear floor or ground space complying with 305 positioned for parallel approach shall be provided. For top loading machines, the clear floor or ground space shall be centered on the appliance. For front loading machines, the clear floor or ground space shall be offset 24 inches (610 mm) maximum from the centerline of the door opening.

611.3 Operable Parts. Operable parts, including doors, lint screens, and detergent and bleach compartments shall comply with 309.

611.4 Height. Top loading machines shall have the door to the laundry compartment located 36 inches (915 mm) maximum above the finish floor. Front loading machines shall have the bottom of the opening to the laundry compartment located 15 inches (380 mm) minimum and 36 inches (915 mm) maximum above the finish floor.

Figure 611.4 Height of Laundry Compartment Opening

612 Saunas and Steam Rooms

612.1 General. Saunas and steam rooms shall comply with 612.

612.2 Bench. Where seating is provided in saunas and steam rooms, at least one bench shall comply with 903. Doors shall not swing into the clear floor space required by 903.2.

EXCEPTION: A readily removable bench shall be permitted to obstruct the turning space required by 612.3 and the clear floor or ground space required by 903.2.

612.3 Turning Space. A turning space complying with 304 shall be provided within saunas and steam rooms.

CHAPTER 7: COMMUNICATION ELEMENTS AND FEATURES

701 General

701.1 Scope. The provisions of Chapter 7 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

702 Fire Alarm Systems

702.1 General. Fire alarm systems shall have permanently installed audible and visible alarms complying with NFPA 72 (2013 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1). In addition, alarms in guest rooms required to provide communication features shall comply with sections 18.4 and 18.5 of NFPA 72 (2013 edition).

EXCEPTION: Fire alarm systems in medical care facilities shall be permitted to be provided in accordance with industry practice.

703 Signs

703.1 General. Signs shall comply with 703. Where both visual and tactile characters are required, either one sign with both visual and tactile characters, or two separate signs, one with visual, and one with tactile characters, shall be provided.

703.2 Raised Characters. Raised characters shall comply with 703.2 and shall be duplicated in braille complying with 703.3. Raised characters shall be installed in accordance with 703.4.

703.2.1 Depth. Raised characters shall be 1/32 inch (0.8 mm) minimum above their background.

703.2.2 Case. Characters shall be uppercase.

703.2.3 Style. Characters shall be sans serif. Characters shall not be italic, oblique, script, highly decorative, or of other unusual forms.

703.2.4 Character Proportions. Characters shall be selected from fonts where the width of the uppercase letter "O" is 55 percent minimum and 110 percent maximum of the height of the uppercase letter "I".

703.2.5 Character Height. Character height measured vertically from the baseline of the character shall be 5/8 inch (16 mm) minimum and 2 inches (51 mm) maximum based on the height of the uppercase letter "I".

EXCEPTION: Where separate raised and visual characters with the same information are provided, raised character height shall be permitted to be 1/2 inch (13 mm) minimum.

Figure 703.2.5 Height of Raised Characters

703.2.6 Stroke Thickness. Stroke thickness of the uppercase letter "I" shall be 15 percent maximum of the height of the character.

703.2.7 Character Spacing. Character spacing shall be measured between the two closest points of adjacent raised characters within a message, excluding word spaces. Where characters have rectangular cross sections, spacing between individual raised characters shall be 1/8 inch (3.2 mm) minimum and 4 times the raised character stroke width maximum. Where characters have other cross sections, spacing between individual raised characters shall be 1/16 inch (1.6 mm) minimum and 4 times the raised character stroke width maximum at the base of the cross sections, and 1/8 inch (3.2 mm) minimum and 4 times the raised character stroke width maximum at the top of the cross sections. Characters shall be separated from raised borders and decorative elements 3/8 inch (9.5 mm) minimum.

703.2.8 Line Spacing. Spacing between the baselines of separate lines of raised characters within a message shall be 135 percent minimum and 170 percent maximum of the raised character height.

703.3 Braille. Braille shall be contracted (Grade 2) and shall comply with 703.3 and 703.4.

703.3.1 Dimensions and Capitalization. Braille dots shall have a domed or rounded shape and shall comply with Table 703.3.1. The indication of an uppercase letter or letters shall only be used before the first word of sentences, proper nouns and names, individual letters of the alphabet, initials, and acronyms.

Table 703.3.1 Braille Dimensions

Measurement Range

Minimum in Inches Maximum in Inches

Dot base diameter

0.059 (1.5 mm) to 0.063 (1.6 mm)

Distance between two dots in the same cell1

0.090 (2.3 mm) to 0.100 (2.5 mm)

Distance between corresponding dots in adjacent cells1

0.241 (6.1 mm) to 0.300 (7.6 mm)

Dot height

0.025 (0.6 mm) to 0.037 (0.9 mm)

Distance between corresponding dots from one cell directly below1

0.395 (10 mm) to 0.400 (10.2 mm)

Notes:

1. Measured center to center.

Figure 703.3.1 Braille Measurement

703.3.2 Position. Braille shall be positioned below the corresponding text. If text is multi-lined, braille shall be placed below the entire text. Braille shall be separated 3/8 inch (9.5 mm) minimum from any other tactile characters and 3/8 inch (9.5 mm) minimum from raised borders and decorative elements.

EXCEPTION: Braille provided on elevator car controls shall be separated 3/16 inch (4.8 mm) minimum and shall be located either directly below or adjacent to the corresponding raised characters or symbols.

Figure 703.3.2 Position of Braille

703.4 Installation Height and Location. Signs with tactile characters shall comply with 703.4.

703.4.1 Height above Finish Floor or Ground. Tactile characters on signs shall be located 48 inches (1220 mm) minimum above the finish floor or ground surface, measured from the baseline of the lowest tactile character and 60 inches (1525 mm) maximum above the finish floor or ground surface, measured from the baseline of the highest tactile character.

EXCEPTION: Tactile characters for elevator car controls shall not be required to comply with 703.4.1.

Figure 703.4.1 Height of Tactile Characters above Finish Floor or Ground

703.4.2 Location. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Where a tactile sign is provided at double doors with one active leaf, the sign shall be located on the inactive leaf. Where a tactile sign is provided at double doors with two active leafs, the sign shall be located to the right of the right hand door. Where there is no wall space at the latch side of a single door or at the right side of double doors, signs shall be located on the nearest adjacent wall. Signs containing tactile characters shall be located so that a clear floor space of 18 inches (455 mm) minimum by 18 inches (455 mm) minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position.

EXCEPTION: Signs with tactile characters shall be permitted on the push side of doors with closers and without hold-open devices.

Figure 703.4.2 Location of Tactile Signs at Doors

703.5 Visual Characters. Visual characters shall comply with 703.5.

EXCEPTION: Where visual characters comply with 703.2 and are accompanied by braille complying with 703.3, they shall not be required to comply with 703.5.2 through 703.5.9.

703.5.1 Finish and Contrast. Characters and their background shall have a non-glare finish. Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background.

703.5.2 Case. Characters shall be uppercase or lowercase or a combination of both.

703.5.3 Style. Characters shall be conventional in form. Characters shall not be italic, oblique, script, highly decorative, or of other unusual forms.

703.5.4 Character Proportions. Characters shall be selected from fonts where the width of the uppercase letter "O" is 55 percent minimum and 110 percent maximum of the height of the uppercase letter "I".

703.5.5 Character Height. Minimum character height shall comply with Table 703.5.5. Viewing distance shall be measured as the horizontal distance between the character and an obstruction preventing further approach towards the sign. Character height shall be based on the uppercase letter "I".

Table 703.5.5 Visual Character Height

Height to Finish Floor or Ground From

Baseline of Character

Horizontal Viewing Distance

Minimum Character Height

40 inches (1015 mm) to less than or equal to 70 inches (1780 mm)

less than 72 inches (1830 mm)

5/8 inch (16 mm)

72 inches (1830 mm) and greater

5/8 inch (16 mm), plus 1/8 inch (3.2 mm) per foot (305 mm) of viewing distance above 72 inches (1830 mm)

Greater than 70 inches (1780 mm) to less than or equal to 120 inches (3050 mm)

less than 180 inches (4570 mm)

2 inches (51 mm)

180 inches (4570 mm) and greater

2 inches (51 mm), plus 1/8 inch (3.2 mm) per foot (305 mm) of viewing distance above 180 inches (4570 mm)

greater than 120 inches (3050 mm)

less than 21 feet (6400 mm)

3 inches (75 mm)

21 feet (6400 mm) and greater

3 inches (75 mm), plus 1/8 inch (3.2 mm) per foot (305 mm) of viewing distance above 21 feet (6400 mm)

703.5.6 Height from Finish Floor or Ground. Visual characters shall be 40 inches (1015 mm) minimum above the finish floor or ground.

EXCEPTION: Visual characters indicating elevator car controls shall not be required to comply with 703.5.6.

703.5.7 Stroke Thickness. Stroke thickness of the uppercase letter "I" shall be 10 percent minimum and 30 percent maximum of the height of the character.

703.5.8 Character Spacing. Character spacing shall be measured between the two closest points of adjacent characters, excluding word spaces. Spacing between individual characters shall be 10 percent minimum and 35 percent maximum of character height.

703.5.9 Line Spacing. Spacing between the baselines of separate lines of characters within a message shall be 135 percent minimum and 170 percent maximum of the character height.

703.6 Pictograms. Pictograms shall comply with 703.6.

703.6.1 Pictogram Field. Pictograms shall have a field height of 6 inches (150 mm) minimum. Characters and braille shall not be located in the pictogram field.

Figure 703.6.1 Pictogram Field

703.6.2 Finish and Contrast. Pictograms and their field shall have a non-glare finish. Pictograms shall contrast with their field with either a light pictogram on a dark field or a dark pictogram on a light field.

703.6.3 Text Descriptors. Pictograms shall have text descriptors located directly below the pictogram field. Text descriptors shall comply with 703.2, 703.3 and 703.4.

703.7 Symbols of Accessibility. Symbols of accessibility shall comply with 703.7.

703.7.1 Finish and Contrast. Symbols of accessibility and their background shall have a non-glare finish. Symbols of accessibility shall contrast with their background with either a light symbol on a dark background or a dark symbol on a light background.

703.7.2 Symbols.

703.7.2.1 International Symbol of Accessibility. The International Symbol of Accessibility shall comply with Figure 703.7.2.1.

Figure 703.7.2.1 International Symbol of Accessibility

703.7.2.2 International Symbol of TTY. The International Symbol of TTY shall comply with Figure 703.7.2.2.

Figure 703.7.2.2 International Symbol of TTY

703.7.2.3 Volume Control Telephones. Telephones with a volume control shall be identified by a pictogram of a telephone handset with radiating sound waves on a square field such as shown in Figure 703.7.2.3.

Figure 703.7.2.3 Volume Control Telephone

703.7.2.4 Assistive Listening Systems. Assistive listening systems shall be identified by the International Symbol of Access for Hearing Loss complying with Figure 703.7.2.4.

Figure 703.7.2.4 International Symbol of Access for Hearing Loss

704 Telephones

704.1 General. Public telephones shall comply with 704.

704.2 Wheelchair Accessible Telephones. Wheelchair accessible telephones shall comply with 704.2.

704.2.1 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided. The clear floor or ground space shall not be obstructed by bases, enclosures, or seats.

704.2.1.1 Parallel Approach. Where a parallel approach is provided, the distance from the edge of the telephone enclosure to the face of the telephone unit shall be 10 inches (255 mm) maximum.

Figure 704.2.1.1 Parallel Approach to Telephone

704.2.1.2 Forward Approach. Where a forward approach is provided, the distance from the front edge of a counter within the telephone enclosure to the face of the telephone unit shall be 20 inches (510 mm) maximum.

Figure 704.2.1.2 Forward Approach to Telephone

704.2.2 Operable Parts. Operable parts shall comply with 309. Telephones shall have push-button controls where such service is available.

704.2.3 Telephone Directories. Telephone directories, where provided, shall be located in accordance with 309.

704.2.4 Cord Length. The cord from the telephone to the handset shall be 29 inches (735 mm) long minimum.

704.3 Volume Control Telephones. Public telephones required to have volume controls shall be equipped with a receive volume control that provides a gain adjustable up to 20 dB minimum. For incremental volume control, provide at least one intermediate step of 12 dB of gain minimum. An automatic reset shall be provided.

704.4 TTYs. TTYs required at a public pay telephone shall be permanently affixed within, or adjacent to, the telephone enclosure. Where an acoustic coupler is used, the telephone cord shall be sufficiently long to allow connection of the TTY and the telephone receiver.

704.4.1 Height. When in use, the touch surface of TTY keypads shall be 34 inches (865 mm) minimum above the finish floor.

EXCEPTION: Where seats are provided, TTYs shall not be required to comply with 704.4.1.

704.5 TTY Shelf. Public pay telephones required to accommodate portable TTYs shall be equipped with a shelf and an electrical outlet within or adjacent to the telephone enclosure. The telephone handset shall be capable of being placed flush on the surface of the shelf. The shelf shall be capable of accommodating a TTY and shall have 6 inches (150 mm) minimum vertical clearance above the area where the TTY is to be placed.

705 Detectable Warnings

705.1 General. Detectable warnings shall consist of a surface of truncated domes and shall comply with 705.

705.1.1 Dome Size. Truncated domes in a detectable warning surface shall have a base diameter of 0.9 inch (23 mm) minimum and 1.4 inches (36 mm) maximum, a top diameter of 50 percent of the base diameter minimum to 65 percent of the base diameter maximum, and a height of 0.2 inch (5.1 mm).

705.1.2 Dome Spacing. Truncated domes in a detectable warning surface shall have a center-to-center spacing of 1.6 inches (41 mm) minimum and 2.4 inches (61 mm) maximum, and a base-to-base spacing of 0.65 inch (17 mm) minimum, measured between the most adjacent domes on a square grid.

705.1.3 Contrast. Detectable warning surfaces shall contrast visually with adjacent walking surfaces either light-on-dark, or dark-on-light.

Figure 705.1 Size and Spacing of Truncated Domes

705.2 Platform Edges. Detectable warning surfaces at platform boarding edges shall be 24 inches (610 mm) wide and shall extend the full length of the public use areas of the platform.

706 Assistive Listening Systems

706.1 General. Assistive listening systems required in assembly areas shall comply with 706.

706.2 Receiver Jacks. Receivers required for use with an assistive listening system shall include a 1/8 inch (3.2 mm) standard mono jack.

706.3 Receiver Hearing-Aid Compatibility. Receivers required to be hearing-aid compatible shall interface with telecoils in hearing aids through the provision of neckloops.

706.4 Sound Pressure Level. Assistive listening systems shall be capable of providing a sound pressure level of 110 dB minimum and 118 dB maximum with a dynamic range on the volume control of 50 dB.

706.5 Signal-to-Noise Ratio. The signal-to-noise ratio for internally generated noise in assistive listening systems shall be 18 dB minimum.

706.6 Peak Clipping Level. Peak clipping shall not exceed 18 dB of clipping relative to the peaks of speech.

707 Automatic Teller Machines and Fare Machines

707.1 General. Automatic teller machines and fare machines shall comply with 707.

707.2 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided.

EXCEPTION: Clear floor or ground space shall not be required at drive-up only automatic teller machines and fare machines.

707.3 Operable Parts. Operable parts shall comply with 309. Unless a clear or correct key is provided, each operable part shall be able to be differentiated by sound or touch, without activation.

EXCEPTION: Drive-up only automatic teller machines and fare machines shall not be required to comply with 309.2 and 309.3.

707.4 Privacy. Automatic teller machines shall provide the opportunity for the same degree of privacy of input and output available to all individuals.

707.5 Speech Output. Machines shall be speech enabled. Operating instructions and orientation, visible transaction prompts, user input verification, error messages, and all displayed information for full use shall be accessible to and independently usable by individuals with vision impairments. Speech shall be delivered through a mechanism that is readily available to all users, including but not limited to, an industry standard connector or a telephone handset. Speech shall be recorded or digitized human, or synthesized.

EXCEPTIONS:

1. Audible tones shall be permitted instead of speech for visible output that is not displayed for security purposes, including but not limited to, asterisks representing personal identification numbers.

2. Advertisements and other similar information shall not be required to be audible unless they convey information that can be used in the transaction being conducted.

3. Where speech synthesis cannot be supported, dynamic alphabetic output shall not be required to be audible.

707.5.1 User Control. Speech shall be capable of being repeated or interrupted. Volume control shall be provided for the speech function.

EXCEPTION: Speech output for any single function shall be permitted to be automatically interrupted when a transaction is selected.

707.5.2 Receipts. Where receipts are provided, speech output devices shall provide audible balance inquiry information, error messages, and all other information on the printed receipt necessary to complete or verify the transaction.

EXCEPTIONS:

1. Machine location, date and time of transaction, customer account number, and the machine identifier shall not be required to be audible.

2. Information on printed receipts that duplicates information available on-screen shall not be required to be presented in the form of an audible receipt.

3. Printed copies of bank statements and checks shall not be required to be audible.

707.6 Input. Input devices shall comply with 707.6.

707.6.1 Input Controls. At least one tactilely discernible input control shall be provided for each function. Where provided, key surfaces not on active areas of display screens, shall be raised above surrounding surfaces. Where membrane keys are the only method of input, each shall be tactilely discernable from surrounding surfaces and adjacent keys.

707.6.2 Numeric Keys. Numeric keys shall be arranged in a 12-key ascending or descending telephone keypad layout. The number five key shall be tactilely distinct from the other keys.

Figure 707.6.2 Numeric Key Layout

707.6.3 Function Keys. Function keys shall comply with 707.6.3.

707.6.3.1 Contrast. Function keys shall contrast visually from background surfaces. Characters and symbols on key surfaces shall contrast visually from key surfaces. Visual contrast shall be either light-on-dark or dark-on-light.

EXCEPTION: Tactile symbols required by 707.6.3.2 shall not be required to comply with 707.6.3.1.

707.6.3.2 Tactile Symbols. Function key surfaces shall have tactile symbols as follows: Enter or Proceed key: raised circle; Clear or Correct key: raised left arrow; Cancel key: raised letter ex; Add Value key: raised plus sign; Decrease Value key: raised minus sign.

707.7 Display Screen. The display screen shall comply with 707.7.

EXCEPTION: Drive-up only automatic teller machines and fare machines shall not be required to comply with 707.7.1.

707.7.1 Visibility. The display screen shall be visible from a point located 40 inches (1015 mm) above the center of the clear floor space in front of the machine.

707.7.2 Characters. Characters displayed on the screen shall be in a sans serif font. Characters shall be 3/16 inch (4.8 mm) high minimum based on the uppercase letter "I". Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background.

707.8 Braille Instructions. Braille instructions for initiating the speech mode shall be provided. Braille shall comply with 703.3.

708 Two-Way Communication Systems

708.1 General. Two-way communication systems shall comply with 708.

708.2 Audible and Visual Indicators. The system shall provide both audible and visual signals.

708.3 Handsets. Handset cords, if provided, shall be 29 inches (735 mm) long minimum.

708.4 Residential Dwelling Unit Communication Systems. In residential dwelling units required to comply with 809, communications systems between a residential dwelling unit and a site, building, or floor entrance shall comply with 708.4.

708.4.1 Common Use or Public Use System Interface. The common use or public use system interface shall include the capability of supporting voice and TTY communication with the residential dwelling unit interface.

708.4.2 Residential Dwelling Unit Interface. The residential dwelling unit system interface shall include a telephone jack capable of supporting voice and TTY communication with the common use or public use system interface.

CHAPTER 8: SPECIAL ROOMS, SPACES AND ELEMENTS

801 General

801.1 Scope. The provisions of Chapter 8 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats

802.1 Wheelchair Spaces. Wheelchair spaces shall comply with 802.1.

802.1.1 Floor or Ground Surface. The floor or ground surface of wheelchair spaces shall comply with 302. Changes in level are not permitted.

EXCEPTION: Slopes not steeper than 1:48 shall be permitted.

802.1.2 Width. A single wheelchair space shall be 36 inches (915 mm) wide minimum. Where two adjacent wheelchair spaces are provided, each wheelchair space shall be 33 inches (840 mm) wide minimum.

Figure 802.1.2 Width of Wheelchair Spaces in Assembly Areas

802.1.3 Depth. Where a wheelchair space can be entered from the front or rear, the wheelchair space shall be 48 inches (1220 mm) deep minimum. Where a wheelchair space can be entered only from the side, the wheelchair space shall be 60 inches (1525 mm) deep minimum.

Figure 802.1.3 Depth of Wheelchair Spaces in Assembly Areas

802.1.4 Approach. Wheelchair spaces shall adjoin accessible routes. Accessible routes shall not overlap wheelchair spaces.

802.1.5 Overlap. Wheelchair spaces shall not overlap circulation paths.

802.2 Lines of Sight. Lines of sight to the screen, performance area, or playing field for spectators in wheelchair spaces shall comply with 802.2.

802.2.1 Lines of Sight over Seated Spectators. Where spectators are expected to remain seated during events, spectators in wheelchair spaces shall be afforded lines of sight complying with 802.2.1.

802.2.1.1 Lines of Sight over Heads. Where spectators are provided lines of sight over the heads of spectators seated in the first row in front of their seats, spectators seated in wheelchair spaces shall be afforded lines of sight over the heads of seated spectators in the first row in front of wheelchair spaces.

Figure 802.2.1.1 Lines of Sight over the Heads of Seated Spectators

802.2.1.2 Lines of Sight between Heads. Where spectators are provided lines of sight over the shoulders and between the heads of spectators seated in the first row in front of their seats, spectators seated in wheelchair spaces shall be afforded lines of sight over the shoulders and between the heads of seated spectators in the first row in front of wheelchair spaces.

Figure 802.2.1.2 Lines of Sight between the Heads of Seated Spectators

802.2.2 Lines of Sight over Standing Spectators. Where spectators are expected to stand during events, spectators in wheelchair spaces shall be afforded lines of sight complying with 802.2.2.

802.2.2.1 Lines of Sight over Heads. Where standing spectators are provided lines of sight over the heads of spectators standing in the first row in front of their seats, spectators seated in wheelchair spaces shall be afforded lines of sight over the heads of standing spectators in the first row in front of wheelchair spaces.

Figure 802.2.2.1 Lines of Sight over the Heads of Standing Spectators

802.2.2.2 Lines of Sight between Heads. Where standing spectators are provided lines of sight over the shoulders and between the heads of spectators standing in the first row in front of their seats, spectators seated in wheelchair spaces shall be afforded lines of sight over the shoulders and between the heads of standing spectators in the first row in front of wheelchair spaces.

Figure 802.2.2.2 Lines of Sight between the Heads of Standing Spectators

802.3 Companion Seats. Companion seats shall comply with 802.3.

802.3.1 Alignment. In row seating, companion seats shall be located to provide shoulder alignment with adjacent wheelchair spaces. The shoulder alignment point of the wheelchair space shall be measured 36 inches (915 mm) from the front of the wheelchair space. The floor surface of the companion seat shall be at the same elevation as the floor surface of the wheelchair spaces.

802.3.2 Type. Companion seats shall be equivalent in size, quality, comfort, and amenities to the seating in the immediate area. Companion seats shall be permitted to be movable.

802.4 Designated Aisle Seats. Designated aisle seats shall comply with 802.4.

802.4.1 Armrests. Where armrests are provided on the seating in the immediate area, folding or retractable armrests shall be provided on the aisle side of the seat.

802.4.2 Identification. Each designated aisle seat shall be identified by a sign or marker.

803 Dressing, Fitting, and Locker Rooms

803.1 General. Dressing, fitting, and locker rooms shall comply with 803.

803.2 Turning Space. Turning space complying with 304 shall be provided within the room.

803.3 Door Swing. Doors shall not swing into the room unless a clear floor or ground space complying with 305.3 is provided beyond the arc of the door swing.

803.4 Benches. A bench complying with 903 shall be provided within the room.

803.5 Coat Hooks and Shelves. Coat hooks and shelves provided within the room shall be located within one of the reach ranges specified in 308. Shelves shall be 40 inches (1015 mm) minimum and 48 inches (1220 mm) maximum above the finish floor or ground.

803.6 Mirrors. Mirrors provided within the room shall be installed with the bottom edge of the reflecting surface 35 inches (890 mm) maximum above the finish floor or ground.

804 Kitchens and Kitchenettes

804.1 General. Kitchens and kitchenettes shall comply with 804.

804.2 Clearance. Where a pass through kitchen is provided, clearances shall comply with 804.2.1. Where a U-shaped kitchen is provided, clearances shall comply with 804.2.2.

EXCEPTION: Spaces that do not provide a cooktop or conventional range shall not be required to comply with 804.2.

804.2.1 Pass-Through Kitchen. In pass through kitchens where counters, appliances or cabinets are on two opposing sides, or where counters, appliances or cabinets are opposite a parallel wall, clearance between all opposing base cabinets, counter tops, appliances, or walls within kitchen work areas shall be 40 inches (1015 mm) minimum. Pass through kitchens shall have two entries.

Figure 804.2.1 Pass-Through Kitchens

804.2.2 U-Shaped. In U-shaped kitchens enclosed on three contiguous sides, clearance between all opposing base cabinets, counter tops, appliances, or walls within kitchen work areas shall be 60 inches (1525 mm) minimum.

EXCEPTION: In dwelling units in multi-story housing required to comply with 812, where there is no appliance or counter top at the base of the U (see 804.2.2 (b)) and counters provide the knee clearances specified in 306, clearances between those counters and all opposing base cabinets, countertops, appliances, or walls in kitchens shall be 40 inches (1015 mm) minimum.

Figure 804.2.2 U-Shaped Kitchens

804.3 Kitchen Work Surface. In residential dwelling units required to comply with 809, at least one 30 inches (760 mm) wide minimum section of counter shall provide a kitchen work surface that complies with 804.3.

804.3.1 Clear Floor or Ground Space. A clear floor space complying with 305 positioned for a forward approach shall be provided. The clear floor or ground space shall be centered on the kitchen work surface and shall provide knee and toe clearance complying with 306.

EXCEPTION: Cabinetry shall be permitted under the kitchen work surface provided that all of the following conditions are met:

(a) the cabinetry can be removed without removal or replacement of the kitchen work surface;

(b) the finish floor extends under the cabinetry; and

(c) the walls behind and surrounding the cabinetry are finished.

804.3.2 Height. The kitchen work surface shall be 34 inches (865 mm) maximum above the finish floor or ground.

EXCEPTION: A counter that is adjustable to provide a kitchen work surface at variable heights, 29 inches (735 mm) minimum and 36 inches (915 mm) maximum, shall be permitted.

804.3.3 Exposed Surfaces. There shall be no sharp or abrasive surfaces under the work surface counters.

804.4 Sinks. Sinks shall comply with 606.

804.5 Storage. At least 50 percent of shelf space in storage facilities shall comply with 811.

804.6 Appliances. Where provided, kitchen appliances shall comply with 804.6.

804.6.1 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided at each kitchen appliance. Clear floor or ground spaces shall be permitted to overlap.

804.6.2 Operable Parts. All appliance controls shall comply with 309.

EXCEPTIONS:

1. Appliance doors and door latching devices shall not be required to comply with 309.4.

2. Bottom-hinged appliance doors, when in the open position, shall not be required to comply with 309.3.

804.6.3 Dishwasher. Clear floor or ground space shall be positioned adjacent to the dishwasher door. The dishwasher door, in the open position, shall not obstruct the clear floor or ground space for the dishwasher or the sink.

804.6.4 Range or Cooktop. Where a forward approach is provided, the clear floor or ground space shall provide knee and toe clearance complying with 306. Where knee and toe space is provided, the underside of the range or cooktop shall be insulated or otherwise configured to prevent burns, abrasions, or electrical shock. The location of controls shall not require reaching across burners.

804.6.5 Oven. Ovens shall comply with 804.6.5.

804.6.5.1 Side-Hinged Door Ovens. Side-hinged door ovens shall have the work surface required by 804.3 positioned adjacent to the latch side of the oven door.

804.6.5.2 Bottom-Hinged Door Ovens. Bottom-hinged door ovens shall have the work surface required by 804.3 positioned adjacent to one side of the door.

804.6.5.3 Controls. Ovens shall have controls on front panels.

804.6.6 Refrigerator/Freezer. Combination refrigerators and freezers shall have at least 50 percent of the freezer space 54 inches (1370 mm) maximum above the finish floor or ground. The clear floor or ground space shall be positioned for a parallel approach to the space dedicated to a refrigerator/freezer with the centerline of the clear floor or ground space offset 24 inches (610 mm) maximum from the centerline of the dedicated space.

805 Medical Care and Long-Term Care Facilities

805.1 General. Medical care facility and long-term care facility patient or resident sleeping rooms required to provide mobility features shall comply with 805.

805.2 Turning Space. Turning space complying with 304 shall be provided within the room.

805.3 Clear Floor or Ground Space. A clear floor space complying with 305 shall be provided on each side of the bed. The clear floor space shall be positioned for parallel approach to the side of the bed.

805.4 Toilet and Bathing Rooms. Toilet and bathing rooms that are provided as part of a patient or resident sleeping room shall comply with 603. Where provided, no fewer than one water closet, one lavatory, and one bathtub or shower shall comply with the applicable requirements of 603 through 610.

806 Transient Lodging Guest Rooms

806.1 General. Transient lodging guest rooms shall comply with 806. Guest rooms required to provide mobility features shall comply with 806.2. Guest rooms required to provide communication features shall comply with 806.3.

806.2 Guest Rooms with Mobility Features. Guest rooms required to provide mobility features shall comply with 806.2.

806.2.1 Living and Dining Areas. Living and dining areas shall be accessible.

806.2.2 Exterior Spaces. Exterior spaces, including patios, terraces and balconies that serve the guest room shall be accessible.

806.2.3 Sleeping Areas. At least one sleeping area shall provide a clear floor space complying with 305 on both sides of a bed. The clear floor space shall be positioned for parallel approach to the side of the bed.

EXCEPTION: Where a single clear floor space complying with 305 positioned for parallel approach is provided between two beds, a clear floor or ground space shall not be required on both sides of a bed.

806.2.4 Toilet and Bathing Facilities. At least one bathroom that is provided as part of a guest room shall comply with 603. No fewer than one water closet, one lavatory, and one bathtub or shower shall comply with applicable requirements of 603 through 610. In addition, required roll-in shower compartments shall comply with 608.2.2 or 608.2.3. Toilet and bathing fixtures required to comply with 603 through 610 shall be permitted to be located in more than one toilet or bathing area, provided that travel between fixtures does not require travel between other parts of the guest room.

806.2.4.1 Vanity Counter Top Space. If vanity counter top space is provided in non-accessible guest toilet or bathing rooms, equivalent vanity counter top space, in terms of size and proximity to the lavatory, shall also be provided in accessible guest toilet or bathing rooms.

806.2.5 Kitchens and Kitchenettes. Kitchens and kitchenettes shall comply with 804.

806.2.6 Turning Space. Turning space complying with 304 shall be provided within the guest room.

806.3 Guest Rooms with Communication Features. Guest rooms required to provide communication features shall comply with 806.3.

806.3.1 Alarms. Where emergency warning systems are provided, alarms complying with 702 shall be provided.

806.3.2 Notification Devices. Visible notification devices shall be provided to alert room occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to visible alarm signal appliances. Telephones shall have volume controls compatible with the telephone system and shall comply with 704.3. Telephones shall be served by an electrical outlet complying with 309 located within 48 inches (1220 mm) of the telephone to facilitate the use of a TTY.

807 Holding Cells and Housing Cells

807.1 General. Holding cells and housing cells shall comply with 807.

807.2 Cells with Mobility Features. Cells required to provide mobility features shall comply with 807.2.

807.2.1 Turning Space. Turning space complying with 304 shall be provided within the cell.

807.2.2 Benches. Where benches are provided, at least one bench shall comply with 903.

807.2.3 Beds. Where beds are provided, clear floor space complying with 305 shall be provided on at least one side of the bed. The clear floor space shall be positioned for parallel approach to the side of the bed.

807.2.4 Toilet and Bathing Facilities. Toilet facilities or bathing facilities that are provided as part of a cell shall comply with 603. Where provided, no fewer than one water closet, one lavatory, and one bathtub or shower shall comply with the applicable requirements of 603 through 610.

807.3 Cells with Communication Features. Cells required to provide communication features shall comply with 807.3.

807.3.1 Alarms. Where audible emergency alarm systems are provided to serve the occupants of cells, visible alarms complying with 702 shall be provided.

EXCEPTION: Visible alarms shall not be required where inmates or detainees are not allowed independent means of egress.

807.3.2 Telephones. Telephones, where provided within cells, shall have volume controls complying with 704.3.

808 Courtrooms

808.1 General. Courtrooms shall comply with 808.

808.2 Turning Space. Where provided, areas that are raised or depressed and accessed by ramps or platform lifts with entry ramps shall provide unobstructed turning space complying with 304.

808.3 Clear Floor Space. Each jury box and witness stand shall have, within its defined area, clear floor space complying with 305.

EXCEPTION: In alterations, wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where ramp or platform lift access poses a hazard by restricting or projecting into a means of egress required by the appropriate administrative authority.

808.4 Judges' Benches and Courtroom Stations. Judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, court reporters' stations, and litigants' and counsel stations shall comply with 902.

809 Residential Dwelling Units

809.1 General. Residential dwelling units required by 233.2, 233.3 and 233.4 shall comply with 809. Residential dwelling units required to provide mobility features shall comply with 809.2 through 809.4. Residential dwelling units required to provide communication features shall comply with 809.5. Dwelling units in multi-story housing required by 233.6 shall comply with 812.

809.2 Accessible Routes. Accessible routes complying with Chapter 4 shall be provided within residential dwelling units in accordance with 809.2.

EXCEPTION: Accessible routes shall not be required to or within unfinished attics or unfinished basements.

809.2.1 Location. At least one accessible route shall connect all spaces and elements which are a part of the residential dwelling units. Where only one accessible route is provided, it shall not pass through bathrooms, closets, or similar spaces.

809.2.2 Turning Space. All rooms served by an accessible route shall provide a turning space complying with 304.

EXCEPTION: Turning space shall not be required in exterior spaces 30 inches (760 mm) maximum in depth or width.

809.3 Kitchen. Where a kitchen is provided, it shall comply with 804.

809.4 Toilet Facilities and Bathing Facilities. At least one bathroom shall comply with 603. No fewer than one of each type of fixture provided shall comply with applicable requirements of 603 through 610. Toilet and bathing fixtures required to comply with 603 through 610 shall be located in the same toilet and bathing area, such that travel between fixtures does not require travel between other parts of the residential dwelling units.

809.5 Residential Dwelling Units with Communication Features. Residential dwelling units required to provide communication features shall comply with 809.5.

809.5.1 Building Fire Alarm System. Where a building fire alarm system is provided, the system wiring shall be extended to a point within the residential dwelling units in the vicinity of the residential dwelling unit smoke detection system.

809.5.1.1 Alarm Appliances. Where alarm appliances are provided within a residential dwelling unit as part of the building fire alarm system, they shall comply with 702.

809.5.1.2 Activation. All visible alarm appliances provided within the residential dwelling unit for building fire alarm notification shall be activated upon activation of the building fire alarm in the portion of the building containing the residential dwelling unit.

809.5.2 Residential Dwelling Unit Smoke Detection System. Residential dwelling unit smoke detection systems shall comply with NFPA 72 (2013 edition) (incorporated by reference, see 105 Referenced Standards in Chapter 1).

809.5.2.1 Activation. All visible alarm appliances provided within the residential dwelling unit for smoke detection notification shall be activated upon smoke detection.

809.5.3 Interconnection. The same visible alarm appliances shall be permitted to provide notification of residential dwelling unit smoke detection and building fire alarm activation.

809.5.4 Prohibited Use. Visible alarm appliances used to indicate residential dwelling unit smoke detection or building fire alarm activation shall not be used for any other purpose within the residential dwelling unit.

809.5.5 Residential Dwelling Unit Primary Entrance. Communication features shall be provided at the residential dwelling unit primary entrance complying with 809.5.5.

809.5.5.1 Notification. A hard-wired electric doorbell shall be provided. A button or switch shall be provided outside the residential dwelling unit primary entrance. Activation of the button or switch shall initiate an audible tone and visible signal within the residential dwelling unit. Where visible doorbell signals are located in sleeping areas, they shall have controls to deactivate the signal.

809.5.5.2 Identification. A means for visually identifying a visitor without opening the residential dwelling unit entry door shall be provided and shall allow for a minimum 180 degree range of view.

809.5.6 Site, Building, or Floor Entrance. Where a system, including a closed-circuit system, permitting voice communication between a visitor and the occupant of the residential dwelling unit is provided, the system shall comply with 708.4.

810 Transportation Facilities

810.1 General. Transportation facilities shall comply with 810.

810.2 Bus Boarding and Alighting Areas. Bus boarding and alighting areas shall comply with 810.2.

810.2.1 Surface. Bus stop boarding and alighting areas shall have a firm, stable, and slip resistant surface.

810.2.2 Dimensions. Bus stop boarding and alighting areas shall provide a clear length of 96 inches (2440 mm) minimum, measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches (1525 mm) minimum, measured parallel to the vehicle roadway.

Figure 810.2.2 Dimensions of Bus Boarding and Alighting Areas

810.2.3 Connection. Bus stop boarding and alighting areas shall be connected to streets, sidewalks, or pedestrian paths by an accessible route complying with 402.

810.2.4 Slope. Parallel to the roadway, the slope of the bus stop boarding and alighting area shall be the same as the roadway, to the maximum extent practicable. Perpendicular to the roadway, the slope of the bus stop boarding and alighting area shall not be steeper than 1:48.

810.3 Bus Shelters. Bus shelters shall provide a minimum clear floor or ground space complying with 305 entirely within the shelter. Bus shelters shall be connected by an accessible route complying with 402 to a boarding and alighting area complying with 810.2. Where seating is provided within transit shelters, the clear space shall be located either at one end of a seat or shall not overlap the area within 18 inches (460 mm) from the front edge of the seat. Environmental controls within transit shelters shall be proximity-actuated. Protruding objects within transit shelters shall comply with 307.

Figure 810.3 Bus Shelters

810.4 Bus Signs. Bus route identification signs shall comply with 703.5.1 through 703.5.4, and 703.5.7 and 703.5.8. In addition, to the maximum extent practicable, bus route identification signs shall comply with 703.5.5.

EXCEPTION: Bus schedules, timetables and maps that are posted at the bus stop or bus bay shall not be required to comply.

810.5 Rail Platforms. Rail platforms shall comply with 810.5.

810.5.1 Slope. Rail platforms shall not exceed a slope of 1:48 in all directions.

EXCEPTION: Where platforms serve vehicles operating on existing track or track laid in existing roadway, the slope of the platform parallel to the track shall be permitted to be equal to the slope (grade) of the roadway or existing track.

810.5.2 Detectable Warnings. Detectable warnings complying with 705 shall be provided at the following areas:

1. Platform boarding edges not protected by platform screens or guards shall have detectable warnings complying with 705 along the full length of the public use area of the platform.

2. Pedestrian at-grade rail crossings not located within a street or highway.

3. Boarding and alighting areas at sidewalk or street level transit stops for rail vehicles where the side of the boarding and alighting areas facing the rail vehicles is not protected by screens or guards.

810.5.3 Platform and Vehicle Floor Coordination. Station platforms shall be positioned to coordinate with vehicles in accordance with the applicable requirements of the federal regulation found at 36 CFR 1192. Low-level platforms shall be 8 inches (205 mm) minimum above top of rail. In light rail, commuter rail, and intercity rail systems where it is not operationally or structurally feasible to meet the horizontal gap or vertical difference requirements of part 1192 or 49 CFR 38, mini-high platforms, car-borne or platform-mounted lifts, ramps or bridge plates or similarly manually deployed devices, meeting the requirements of 49 CFR 38, shall suffice.

EXCEPTION: Where vehicles are boarded from sidewalks or street-level, low-level platforms shall be permitted to be less than 8 inches (205 mm).

810.6 Rail Station Signs. Rail station signs shall comply with 810.6.

EXCEPTION. Signs shall not be required to comply with 810.6.1 and 810.6.2 where audible signs are remotely transmitted to hand-held receivers, or are user- or proximity-actuated.

810.6.1 Entrances. Where signs identify a station or its entrance, at least one sign at each entrance shall comply with 703.2 and shall be placed in uniform locations to the maximum extent practicable. Where signs identify a station that has no defined entrance, at least one sign shall comply with 703.2 and shall be placed in a central location.

810.6.2 Routes and Destinations. Lists of stations, routes and destinations served by the station which are located on boarding areas, platforms, or mezzanines shall comply with 703.5. At least one tactile sign identifying the specific station and complying with 703.2 shall be provided on each platform or boarding area. Signs covered by this requirement shall, to the maximum extent practicable, be placed in uniform locations within the system.

EXCEPTION: Where sign space is limited, characters shall not be required to exceed 3 inches (75 mm).

810.6.3 Station Names. Stations covered by this section shall have identification signs complying with 703.5. Signs shall be clearly visible and within the sight lines of standing and sitting passengers from within the vehicle on both sides when not obstructed by another vehicle.

810.7 Public Address Systems. Where public address systems convey audible information to the public, the same or equivalent information shall be provided in a visual format.

810.8 Clocks. Where clocks are provided for use by the public, the clock face shall be uncluttered so that its elements are clearly visible. Hands, numerals and digits shall contrast with the background either light-on-dark or dark-on-light. Where clocks are installed overhead, numerals and digits shall comply with 703.5.

810.9 Escalators. Where provided, escalators shall comply with the sections 6.1.3.5.6 and 6.1.3.6.5 of ASME A17.1 (incorporated by reference, see "Referenced Standards" in Chapter 1) and shall have a clear width of 32 inches (815 mm) minimum.

EXCEPTION: Existing escalators in key stations shall not be required to comply with 810.9.

810.10 Track Crossings. Where a circulation path serving boarding platforms crosses tracks, it shall comply with 402.

EXCEPTION: Openings for wheel flanges shall be permitted to be 2 1/2 inches (64 mm) maximum.

Figure 810.10 (Exception) Track Crossings

811 Storage

811.1 General. Storage shall comply with 811.

811.2 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided.

811.3 Height. Storage elements shall comply with at least one of the reach ranges specified in 308.

811.4 Operable Parts. Operable parts shall comply with 309.

812 Dwelling Units in Multi-Story Housing

812.1 General. Dwelling units required by 233.6 in multi-story housing shall comply with 812.

812.2 Adaptability. 812.3 and 812.4 specify a range of heights and clearances within which certain fixtures may be installed (for example, grab bars at bathtubs and water closets, and work surfaces and sink heights in kitchens). In the case of grab bars, provision can be made for later installation within the specified height range, as requested by the occupant of the dwelling unit. Other fixtures may be permanently installed at a height within these ranges, or the fixtures may be adjustable within the ranges. A unit in which fixtures may be added or adjusted in height is an adaptable dwelling unit. Both adaptable dwelling units and units in which fixtures are permanently installed within the heights specified in this section are accessible dwelling units.

812.3 Bathrooms. Bathrooms shall be on an accessible route and shall comply with 812.3.1 through 812.3.5.

812.3.1 Clearances. Clearances shall comply with 603.2.

812.3.2 Water Closets. Water closets shall comply with 604.2 through 604.7.

812.3.3 Lavatories, Mirrors and Medicine Cabinets. If lavatories, mirrors and medicine cabinets are provided, at least one of each shall comply with 812.3.3.1 through 812.3.3.3.

812.3.3.1 Lavatory. The lavatory shall comply with 606.

812.3.3.2 Mirrors. Mirrors shall comply with 603.3.

812.3.3.3 Medicine Cabinet. The medicine cabinet shall have a usable shelf complying with 309.

812.3.4 Bathtubs. Bathtubs shall comply with 607.

812.3.5 Showers. If a shower is provided, a transfer type shower compartment complying with 608.2.1 or a standard roll-in shower compartment complying with 608.2.2 or an alternate roll-in type shower compartment complying with 608.2.3 shall be provided. Showers shall comply with 608.3 through 608.8.

EXCEPTION: A seat, or reinforcement for a seat, shall not be required in the roll-in shower compartment.

812.4 Kitchens. Kitchens and their components shall be on an accessible route and shall comply with 804.2 through 804.4, 804.6.1 through 804.6.4 and 804.6.6.

812.4.1 Kitchen Storage. At least 5%, but not less than one, of each type of cabinet, drawer, and shelf storage area shall comply with 812.4.1.1 through 812.4.1.3.

812.4.2 Ovens shall be of the self-cleaning type or be located adjacent to an adjustable height counter with knee and toe clearance complying with 306. For side-opening ovens, the door latch side shall be next to the open counter space, and there shall be a pull-out shelf under the oven extending the fill width of the oven and pulling out not less than 10 inches (255 mm) when fully extended. Ovens shall have controls on front panels. Oven controls are permitted to be located on either side of the door.

812.4.1.1 Clear Floor Space. A clear floor space complying with 305 shall be provided at each accessible storage area.

812.4.1.2 Height. Accessible storage areas shall be within at least one of the reach ranges specified in 308. At least one shelf of all cabinets and storage shelves mounted above counters shall be mounted at 48 inches (1220 mm) maximum above the floor.

812.4.1.3 Hardware. Hardware for accessible storage facilities shall comply with 309.4. Door pulls or handles for wall cabinets shall be mounted as close to the bottom of cabinet doors as possible. Door pulls or handles for base cabinets shall be mounted as close to the top of cabinet doors as possible.

812.5 Laundry Facilities. Laundry equipment provided within individual accessible dwelling units, and separate laundry facilities that serve one or more accessible dwelling units, shall comply with 611.

CHAPTER 9: BUILT-IN ELEMENTS

901 General

901.1 Scope. The provisions of Chapter 9 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

902 Dining Surfaces and Work Surfaces

902.1 General. Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

EXCEPTION: Dining surfaces and work surfaces for children's use shall be permitted to comply with 902.4.

902.2 Clear Floor or Ground Space. A clear floor space complying with 305 positioned for a forward approach shall be provided. Knee and toe clearance complying with 306 shall be provided.

902.3 Height. The tops of dining surfaces and work surfaces shall be 28 inches (710 mm) minimum and 34 inches (865 mm) maximum above the finish floor or ground.

902.4 Dining Surfaces and Work Surfaces for Children's Use. Accessible dining surfaces and work surfaces for children's use shall comply with 902.4.

EXCEPTION: Dining surfaces and work surfaces that are used primarily by children 5 years and younger shall not be required to comply with 902.4 where a clear floor or ground space complying with 305 positioned for a parallel approach is provided.

902.4.1 Clear Floor or Ground Space. A clear floor space complying with 305 positioned for forward approach shall be provided. Knee and toe clearance complying with 306 shall be provided, except that knee clearance 24 inches (610 mm) minimum above the finish floor or ground shall be permitted.

902.4.2 Height. The tops of tables and counters shall be 26 inches (660 mm) minimum and 30 inches (760 mm) maximum above the finish floor or ground.

903 Benches

903.1 General. Benches shall comply with 903.

903.2 Clear Floor or Ground Space. Clear floor or ground space complying with 305 shall be provided and shall be positioned at the end of the bench seat and parallel to the short axis of the bench.

903.3 Size. Benches shall have seats that are 42 inches (1065 mm) long minimum and 20 inches (510 mm) deep minimum and 24 inches (610 mm) deep maximum.

903.4 Back Support. The bench shall provide for back support or shall be affixed to a wall. Back support shall be 42 inches (1065 mm) long minimum and shall extend from a point 2 inches (51 mm) maximum above the seat surface to a point 18 inches (455 mm) minimum above the seat surface. Back support shall be 2 1/2 inches (64 mm) maximum from the rear edge of the seat measured horizontally.

Figure 903.4 Bench Back Support

903.5 Height. The top of the bench seat surface shall be 17 inches (430 mm) minimum and 19 inches (485 mm) maximum above the finish floor or ground.

903.6 Structural Strength. Allowable stresses shall not be exceeded for materials used when a vertical or horizontal force of 250 pounds (1112 N) is applied at any point on the seat, fastener, mounting device, or supporting structure.

903.7 Wet Locations. Where installed in wet locations, the surface of the seat shall be slip resistant and shall not accumulate water.

904 Check-Out Aisles and Sales and Service Counters

904.1 General. Check-out aisles and sales and service counters shall comply with the applicable requirements of 904.

904.2 Approach. All portions of counters required to comply with 904 shall be located adjacent to a walking surface complying with 403.

904.3 Check-Out Aisles. Check-out aisles shall comply with 904.3.

904.3.1 Aisle. Aisles shall comply with 403.

904.3.2 Counter. The counter surface height shall be 38 inches (965 mm) maximum above the finish floor or ground. The top of the counter edge protection shall be 2 inches (51 mm) maximum above the top of the counter surface on the aisle side of the check-out counter.

Figure 904.3.2 Check-Out Aisle Counters

904.3.3 Check Writing Surfaces. Where provided, check writing surfaces shall comply with 902.3.

904.4 Sales and Service Counters. Sales counters and service counters shall comply with 904.4.1 or 904.4.2. The accessible portion of the counter top shall extend the same depth as the sales or service counter top.

EXCEPTION: In alterations, when the provision of a counter complying with 904.4 would result in a reduction of the number of existing counters at work stations or a reduction of the number of existing mail boxes, the counter shall be permitted to have a portion which is 24 inches (610 mm) long minimum complying with 904.4.1 provided that the required clear floor or ground space is centered on the accessible length of the counter.

Figure 904.4 (Exception) Alteration of Sales and Service Counters

904.4.1 Parallel Approach. A portion of the counter surface that is 36 inches (915 mm) long minimum and 36 inches (915 mm) high maximum above the finish floor shall be provided. A clear floor or ground space complying with 305 shall be positioned for a parallel approach adjacent to the 36 inch (915 mm) minimum length of counter.

EXCEPTION: Where the provided counter surface is less than 36 inches (915 mm) long, the entire counter surface shall be 36 inches (915 mm) high maximum above the finish floor.

904.4.2 Forward Approach. A portion of the counter surface that is 30 inches (760 mm) long minimum and 36 inches (915 mm) high maximum shall be provided. Knee and toe space complying with 306 shall be provided under the counter. A clear floor or ground space complying with 305 shall be positioned for a forward approach to the counter.

904.5 Food Service Lines. Counters in food service lines shall comply with 904.5.

904.5.1 Self-Service Shelves and Dispensing Devices. Self-service shelves and dispensing devices for tableware, dishware, condiments, food and beverages shall comply with 308.

904.5.2 Tray Slides. The tops of tray slides shall be 28 inches (710 mm) minimum and 34 inches (865 mm) maximum above the finish floor or ground.

904.6 Security Glazing. Where counters or teller windows have security glazing to separate personnel from the public, a method to facilitate voice communication shall be provided. Telephone handset devices, if provided, shall comply with 704.3.

CHAPTER 10: RECREATION FACILITIES

1001 General

1001.1 Scope. The provisions of Chapter 10 shall apply where required by Chapter 2 or where referenced by a requirement in this document.

1002 Amusement Rides

1002.1 General. Amusement rides shall comply with 1002.

1002.2 Accessible Routes. Accessible routes serving amusement rides shall comply with Chapter 4.

EXCEPTIONS:

1. In load or unload areas and on amusement rides, where compliance with 405.2 is not structurally or operationally feasible, ramp slope shall be permitted to be 1:8 maximum.

2. In load or unload areas and on amusement rides, handrails provided along walking surfaces complying with 403 and required on ramps complying with 405 shall not be required to comply with 505 where compliance is not structurally or operationally feasible.

1002.3 Load and Unload Areas. A turning space complying with 304.2 and 304.3 shall be provided in load and unload areas.

1002.4 Wheelchair Spaces in Amusement Rides. Wheelchair spaces in amusement rides shall comply with 1002.4.

1002.4.1 Floor or Ground Surface. The floor or ground surface of wheelchair spaces shall be stable and firm.

1002.4.2 Slope. The floor or ground surface of wheelchair spaces shall have a slope not steeper than 1:48 when in the load and unload position.

1002.4.3 Gaps. Floors of amusement rides with wheelchair spaces and floors of load and unload areas shall be coordinated so that, when amusement rides are at rest in the load and unload position, the vertical difference between the floors shall be within plus or minus 5/8 inches (16 mm) and the horizontal gap shall be 3 inches (75 mm) maximum under normal passenger load conditions.

EXCEPTION: Where compliance is not operationally or structurally feasible, ramps, bridge plates, or similar devices complying with the applicable requirements of 36 CFR 1192.83(c) shall be provided.

1002.4.4 Clearances. Clearances for wheelchair spaces shall comply with 1002.4.4.

EXCEPTIONS:

1. Where provided, securement devices shall be permitted to overlap required clearances.

2. Wheelchair spaces shall be permitted to be mechanically or manually repositioned.

3. Wheelchair spaces shall not be required to comply with 307.4.

1002.4.4.1 Width and Length. Wheelchair spaces shall provide a clear width of 30 inches (760 mm) minimum and a clear length of 48 inches (1220 mm) minimum measured to 9 inches (230 mm) minimum above the floor surface.

1002.4.4.2 Side Entry. Where wheelchair spaces are entered only from the side, amusement rides shall be designed to permit sufficient maneuvering clearance for individuals using a wheelchair or mobility aid to enter and exit the ride.

1002.4.4.3 Permitted Protrusions in Wheelchair Spaces. Objects are permitted to protrude a distance of 6 inches (150 mm) maximum along the front of the wheelchair space, where located 9 inches (230 mm) minimum and 27 inches (685 mm) maximum above the floor or ground surface of the wheelchair space. Objects are permitted to protrude a distance of 25 inches (635 mm) maximum along the front of the wheelchair space, where located more than 27 inches (685 mm) above the floor or ground surface of the wheelchair space.

Figure 1002.4.4.3 Protrusions in Wheelchair Spaces in Amusement Rides

1002.4.5 Ride Entry. Openings providing entry to wheelchair spaces on amusement rides shall be 32 inches (815 mm) minimum clear.

1002.4.6 Approach. One side of the wheelchair space shall adjoin an accessible route when in the load and unload position.

1002.4.7 Companion Seats. Where the interior width of the amusement ride is greater than 53 inches (1345 mm), seating is provided for more than one rider, and the wheelchair is not required to be centered within the amusement ride, a companion seat shall be provided for each wheelchair space.

1002.4.7.1 Shoulder-to-Shoulder Seating. Where an amusement ride provides shoulder-to-shoulder seating, companion seats shall be shoulder-to-shoulder with the adjacent wheelchair spaces.

EXCEPTION: Where shoulder-to-shoulder companion seating is not operationally or structurally feasible, compliance with this requirement shall be required to the maximum extent practicable.

1002.5 Amusement Ride Seats Designed for Transfer. Amusement ride seats designed for transfer shall comply with 1002.5 when positioned for loading and unloading.

1002.5.1 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided in the load and unload area adjacent to the amusement ride seats designed for transfer.

1002.5.2 Transfer Height. The height of amusement ride seats designed for transfer shall be 14 inches (355 mm) minimum and 24 inches (610 mm) maximum measured from the surface of the load and unload area.

1002.5.3 Transfer Entry. Where openings are provided for transfer to amusement ride seats, the openings shall provide clearance for transfer from a wheelchair or mobility aid to the amusement ride seats.

1002.5.4 Wheelchair Storage Space. Wheelchair storage spaces complying with 305 shall be provided in or adjacent to unload areas for each required amusement ride seats designed for transfer and shall not overlap any required means of egress or accessible route.

1002.6 Transfer Devices for Use with Amusement Rides. Transfer devices for use with amusement rides shall comply with 1002.6 when positioned for loading and unloading.

1002.6.1 Clear Floor or Ground Space. A clear floor or ground space complying with 305 shall be provided in the load and unload area adjacent to the transfer device.

1002.6.2 Transfer Height. The height of transfer device seats shall be 14 inches (355 mm) minimum and 24 inches (610 mm) maximum measured from the load and unload surface.

1002.6.3 Wheelchair Storage Space. Wheelchair storage spaces complying with 305 shall be provided in or adjacent to unload areas for each required transfer device and shall not overlap any required means of egress or accessible route.

1003 Recreational Boating Facilities

1003.1 General. Recreational boating facilities shall comply with 1003.

1003.2 Accessible Routes. Accessible routes serving recreational boating facilities, including gangways and floating piers, shall comply with Chapter 4 except as modified by the exceptions in 1003.2.

1003.2.1 Boat Slips. Accessible routes serving boat slips shall be permitted to use the exceptions in 1003.2.1.

EXCEPTIONS:

1. Where an existing gangway or series of gangways is replaced or altered, an increase in the length of the gangway shall not be required to comply with 1003.2 unless required by 202.4.

2. Gangways shall not be required to comply with the maximum rise specified in 405.6.

3. Where the total length of a gangway or series of gangways serving as part of a required accessible route is 80 feet (24 m) minimum, gangways shall not be required to comply with 405.2.

4. Where facilities contain fewer than 25 boat slips and the total length of the gangway or series of gangways serving as part of a required accessible route is 30 feet (9145 mm) minimum, gangways shall not be required to comply with 405.2.

5. Where gangways connect to transition plates, landings specified by 405.7 shall not be required.

6. Where gangways and transition plates connect and are required to have handrails, handrail extensions shall not be required. Where handrail extensions are provided on gangways or transition plates, the handrail extensions shall not be required to be parallel with the ground or floor surface.

7. The cross slope specified in 403.3 and 405.3 for gangways, transition plates, and floating piers that are part of accessible routes shall be measured in the static position.

8. Changes in level complying with 303.3 and 303.4 shall be permitted on the surfaces of gangways and boat launch ramps.

1003.2.2 Boarding Piers at Boat Launch Ramps. Accessible routes serving boarding piers at boat launch ramps shall be permitted to use the exceptions in 1003.2.2.

EXCEPTIONS:

1. Accessible routes serving floating boarding piers shall be permitted to use Exceptions 1, 2, 5, 6, 7 and 8 in 1003.2.1.

2. Where the total length of the gangway or series of gangways serving as part of a required accessible route is 30 feet (9145 mm) minimum, gangways shall not be required to comply with 405.2.

3. Where the accessible route serving a floating boarding pier or skid pier is located within a boat launch ramp, the portion of the accessible route located within the boat launch ramp shall not be required to comply with 405.

1003.3 Clearances. Clearances at boat slips and on boarding piers at boat launch ramps shall comply with 1003.3.

1003.3.1 Boat Slip Clearance. Boat slips shall provide clear pier space 60 inches (1525 mm) wide minimum and at least as long as the boat slips. Each 10 feet (3050 mm) maximum of linear pier edge serving boat slips shall contain at least one continuous clear opening 60 inches (1525 mm) wide minimum.

EXCEPTIONS:

1. Clear pier space shall be permitted to be 36 inches (915 mm) wide minimum for a length of 24 inches (610 mm) maximum, provided that multiple 36 inch (915 mm) wide segments are separated by segments that are 60 inches (1525 mm) wide minimum and 60 inches (1525 mm) long minimum.

2. Edge protection shall be permitted at the continuous clear openings, provided that it is 4 inches (100 mm) high maximum and 2 inches (51 mm) wide maximum.

3. In existing piers, clear pier space shall be permitted to be located perpendicular to the boat slip and shall extend the width of the boat slip, where the facility has at least one boat slip complying with 1003.3, and further compliance with 1003.3 would result in a reduction in the number of boat slips available or result in a reduction of the widths of existing slips.

Figure 1003.3.1 Boat Slip Clearance

Figure 1003.3.1 (Exception 1) Clear Pier Space Reduction at Boat Slips

Figure 1003.3.1 (Exception 2) Edge Protection at Boat Slips

1003.3.2 Boarding Pier Clearances. Boarding piers at boat launch ramps shall provide clear pier space 60 inches (1525 mm) wide minimum and shall extend the full length of the boarding pier. Every 10 feet (3050 mm) maximum of linear pier edge shall contain at least one continuous clear opening 60 inches (1525 mm) wide minimum.

EXCEPTIONS:

1. The clear pier space shall be permitted to be 36 inches (915 mm) wide minimum for a length of 24 inches (610 mm) maximum provided that multiple 36 inch (915 mm) wide segments are separated by segments that are 60 inches (1525 mm) wide minimum and 60 inches (1525 mm) long minimum.

2. Edge protection shall be permitted at the continuous clear openings provided that it is 4 inches (100 mm) high maximum and 2 inches (51 mm) wide maximum.

Figure 1003.3.2 Boarding Pier Clearance

Figure 1003.3.2 (Exception 1) Clear Pier Space Reduction at Boarding Piers

Figure 1003.3.2 (Exception 2) Edge Protection at Boarding Piers

1004 Exercise Machines and Equipment

1004.1 Clear Floor Space. Exercise machines and equipment shall have a clear floor space complying with 305 positioned for transfer or for use by an individual seated in a wheelchair. Clear floor or ground spaces required at exercise machines and equipment shall be permitted to overlap.

1005 Fishing Piers and Platforms

1005.1 Accessible Routes. Accessible routes serving fishing piers and platforms, including gangways and floating piers, shall comply with Chapter 4.

EXCEPTIONS:

1. Accessible routes serving floating fishing piers and platforms shall be permitted to use Exceptions 1, 2, 5, 6, 7 and 8 in 1003.2.1.

2. Where the total length of the gangway or series of gangways serving as part of a required accessible route is 30 feet (9145 mm) minimum, gangways shall not be required to comply with 405.2.

1005.2 Railings. Where provided, railings, guards, or handrails shall comply with 1005.2.

1005.2.1 Height. At least 25 percent of the railings, guards, or handrails shall be 34 inches (865 mm) maximum above the ground or deck surface.

EXCEPTION: Where a guard complying with sections 1015.3, 1015.4 and 1608.7 of the International Building Code (2015 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1) is provided, the guard shall not be required to comply with 1005.2.1.

1005.2.1.1 Dispersion. Railings, guards, or handrails required to comply with 1005.2.1 shall be dispersed throughout the fishing pier or platform.

1005.3 Edge Protection. Where railings, guards, or handrails complying with 1005.2 are provided, edge protection complying with 1005.3.1 or 1005.3.2 shall be provided.

1005.3.1 Curb or Barrier. Curbs or barriers shall extend 2 inches (51 mm) minimum above the surface of the fishing pier or platform.

1005.3.2 Extended Ground or Deck Surface. The ground or deck surface shall extend 12 inches (305 mm) minimum beyond the inside face of the railing. Toe clearance shall be provided and shall be 30 inches (760 mm) wide minimum and 9 inches (230 mm) minimum above the ground or deck surface beyond the railing.

Figure 1005.3.2 Extended Ground or Deck Surface at Fishing Piers and Platforms

1005.4 Clear Floor or Ground Space. At each location where there are railings, guards, or handrails complying with 1005.2.1, a clear floor or ground space complying with 305 shall be provided. Where there are no railings, guards, or handrails, at least one clear floor or ground space complying with 305 shall be provided on the fishing pier or platform.

1005.5 Turning Space. At least one turning space complying with 304.3 shall be provided on fishing piers and platforms.

1006 Golf Facilities

1006.1 General. Golf facilities shall comply with 1006.

1006.2 Accessible Routes. Accessible routes serving teeing grounds, practice teeing grounds, putting greens, practice putting greens, teeing stations at driving ranges, course weather shelters, golf car rental areas, bag drop areas, and course toilet rooms shall comply with Chapter 4 and shall be 48 inches (1220 mm) wide minimum. Where handrails are provided, accessible routes shall be 60 inches (1525 mm) wide minimum.

EXCEPTION: Handrails shall not be required on golf courses. Where handrails are provided on golf courses, the handrails shall not be required to comply with 505.

1006.3 Golf Car Passages. Golf car passages shall comply with 1006.3.

1006.3.1 Clear Width. The clear width of golf car passages shall be 48 inches (1220 mm) minimum.

1006.3.2 Barriers. Where curbs or other constructed barriers prevent golf cars from entering a fairway, openings 60 inches (1525 mm) wide minimum shall be provided at intervals not to exceed 75 yards (69 m).

1006.4 Weather Shelters. A clear floor or ground space 60 inches (1525 mm) minimum by 96 inches (2440 mm) minimum shall be provided within weather shelters.

1007 Miniature Golf Facilities

1007.1 General. Miniature golf facilities shall comply with 1007.

1007.2 Accessible Routes. Accessible routes serving holes on miniature golf courses shall comply with Chapter 4. Accessible routes located on playing surfaces of miniature golf holes shall be permitted to use the exceptions in 1007.2.

EXCEPTIONS:

1. Playing surfaces shall not be required to comply with 302.2.

2. Where accessible routes intersect playing surfaces of holes, a 1 inch (25 mm) maximum curb shall be permitted for a width of 32 inches (815 mm) minimum.

3. A slope not steeper than 1:4 for a 4 inch (100 mm) maximum rise shall be permitted.

4. Ramp landing slopes specified by 405.7.1 shall be permitted to be 1:20 maximum.

5. Ramp landing length specified by 405.7.3 shall be permitted to be 48 inches (1220 mm) long minimum.

6. Ramp landing size specified by 405.7.4 shall be permitted to be 48 inches (1220 mm) minimum by 60 inches (1525 mm) minimum.

7. Handrails shall not be required on holes. Where handrails are provided on holes, the handrails shall not be required to comply with 505.

1007.3 Miniature Golf Holes. Miniature golf holes shall comply with 1007.3.

1007.3.1 Start of Play. A clear floor or ground space 48 inches (1220 mm) minimum by 60 inches (1525 mm) minimum with slopes not steeper than 1:48 shall be provided at the start of play.

1007.3.2 Golf Club Reach Range Area. All areas within holes where golf balls rest shall be within 36 inches (915 mm) maximum of a clear floor or ground space 36 inches (915 mm) wide minimum and 48 inches (1220 mm) long minimum having a running slope not steeper than 1:20. The clear floor or ground space shall be served by an accessible route.

Figure 1007.3.2 Golf Club Reach Range Area

1008 Play Areas

1008.1 General. Play areas shall comply with 1008.

1008.2 Accessible Routes. Accessible routes serving play areas shall comply with Chapter 4 and 1008.2 and shall be permitted to use the exceptions in 1008.2.1 through 1008.2.3. Where accessible routes serve ground level play components, the vertical clearance shall be 80 inches high (2030 mm) minimum.

1008.2.1 Ground Level and Elevated Play Components. Accessible routes serving ground level play components and elevated play components shall be permitted to use the exceptions in 1008.2.1.

EXCEPTIONS:

1. Transfer systems complying with 1008.3 shall be permitted to connect elevated play components except where 20 or more elevated play components are provided no more than 25 percent of the elevated play components shall be permitted to be connected by transfer systems.

2. Where transfer systems are provided, an elevated play component shall be permitted to connect to another elevated play component as part of an accessible route.

1008.2.2 Soft Contained Play Structures. Accessible routes serving soft contained play structures shall be permitted to use the exception in 1008.2.2.

EXCEPTION: Transfer systems complying with 1008.3 shall be permitted to be used as part of an accessible route.

1008.2.3 Water Play Components. Accessible routes serving water play components shall be permitted to use the exceptions in 1008.2.3.

EXCEPTIONS:

1. Where the surface of the accessible route, clear floor or ground spaces, or turning spaces serving water play components is submerged, compliance with 302, 403.3, 405.2, 405.3, and 1008.2.6 shall not be required.

2. Transfer systems complying with 1008.3 shall be permitted to connect elevated play components in water.

1008.2.4 Clear Width. Accessible routes connecting play components shall provide a clear width complying with 1008.2.4.

1008.2.4.1 Ground Level. At ground level, the clear width of accessible routes shall be 60 inches (1525 mm) minimum.

EXCEPTIONS:

1. In play areas less than 1000 square feet (93 m2), the clear width of accessible routes shall be permitted to be 44 inches (1120 mm) minimum, if at least one turning space complying with 304.3 is provided where the restricted accessible route exceeds 30 feet (9145 mm) in length.

2. The clear width of accessible routes shall be permitted to be 36 inches (915 mm) minimum for a distance of 60 inches (1525 mm) maximum provided that multiple reduced width segments are separated by segments that are 60 inches (1525 mm) wide minimum and 60 inches (1525 mm) long minimum.

1008.2.4.2 Elevated. The clear width of accessible routes connecting elevated play components shall be 36 inches (915 mm) minimum.

EXCEPTIONS:

1. The clear width of accessible routes connecting elevated play components shall be permitted to be reduced to 32 inches (815 mm) minimum for a distance of 24 inches (610 mm) maximum provided that reduced width segments are separated by segments that are 48 inches (1220 mm) long minimum and 36 inches (915 mm) wide minimum.

2. The clear width of transfer systems connecting elevated play components shall be permitted to be 24 inches (610 mm) minimum.

1008.2.5 Ramps. Within play areas, ramps connecting ground level play components and ramps connecting elevated play components shall comply with 1008.2.5.

1008.2.5.1 Ground Level. Ramp runs connecting ground level play components shall have a running slope not steeper than 1:16.

1008.2.5.2 Elevated. The rise for any ramp run connecting elevated play components shall be 12 inches (305 mm) maximum.

1008.2.5.3 Handrails. Where required on ramps serving play components, the handrails shall comply with 505 except as modified by 1008.2.5.3.

EXCEPTIONS:

1. Handrails shall not be required on ramps located within ground level use zones.

2. Handrail extensions shall not be required.

1008.2.5.3.1 Handrail Gripping Surfaces. Handrail gripping surfaces with a circular cross section shall have an outside diameter of 0.95 inch (24 mm) minimum and 1.55 inches (39 mm) maximum. Where the shape of the gripping surface is non-circular, the handrail shall provide an equivalent gripping surface.

1008.2.5.3.2 Handrail Height. The top of handrail gripping surfaces shall be 20 inches (510 mm) minimum and 28 inches (710 mm) maximum above the ramp surface.

1008.2.6 Ground Surfaces. Ground surfaces on accessible routes, clear floor or ground spaces, and turning spaces shall comply with 1008.2.6.

1008.2.6.1 Accessibility. Ground surfaces shall comply with ASTM F 1951 (incorporated by reference, see "Referenced Standards" in Chapter 1). Ground surfaces shall be inspected and maintained regularly and frequently to ensure continued compliance with ASTM F 1951.

1008.2.6.2 Use Zones. Ground surfaces located within use zones shall comply with ASTM F 1292 (1999 edition or 2004 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1).

1008.3 Transfer Systems. Where transfer systems are provided to connect to elevated play components, transfer systems shall comply with 1008.3.

1008.3.1 Transfer Platforms. Transfer platforms shall be provided where transfer is intended from wheelchairs or other mobility aids. Transfer platforms shall comply with 1008.3.1.

1008.3.1.1 Size. Transfer platforms shall have level surfaces 14 inches (355 mm) deep minimum and 24 inches (610 mm) wide minimum.

1008.3.1.2 Height. The height of transfer platforms shall be 11 inches (280 mm) minimum and 18 inches (455 mm) maximum measured to the top of the surface from the ground or floor surface.

1008.3.1.3 Transfer Space. A transfer space complying with 305.2 and 305.3 shall be provided adjacent to the transfer platform. The 48 inch (1220 mm) long minimum dimension of the transfer space shall be centered on and parallel to the 24 inch (610 mm) long minimum side of the transfer platform. The side of the transfer platform serving the transfer space shall be unobstructed.

1008.3.1.4 Transfer Supports. At least one means of support for transferring shall be provided.

Figure 1008.3.1 Transfer Platforms

1008.3.2 Transfer Steps. Transfer steps shall be provided where movement is intended from transfer platforms to levels with elevated play components required to be on accessible routes. Transfer steps shall comply with 1008.3.2.

1008.3.2.1 Size. Transfer steps shall have level surfaces 14 inches (355 mm) deep minimum and 24 inches (610 mm) wide minimum.

1008.3.2.2 Height. Each transfer step shall be 8 inches (205 mm) high maximum.

1008.3.2.3 Transfer Supports. At least one means of support for transferring shall be provided.

Figure 1008.3.2 Transfer Steps

1008.4 Play Components. Ground level play components on accessible routes and elevated play components connected by ramps shall comply with 1008.4.

1008.4.1 Turning Space. At least one turning space complying with 304 shall be provided on the same level as play components. Where swings are provided, the turning space shall be located immediately adjacent to the swing.

1008.4.2 Clear Floor or Ground Space. Clear floor or ground space complying with 305.2 and 305.3 shall be provided at play components.

1008.4.3 Play Tables. Where play tables are provided, knee clearance 24 inches (610 mm) high minimum, 17 inches deep (430 mm) minimum, and 30 inches (760 mm) wide minimum shall be provided. The tops of rims, curbs, or other obstructions shall be 31 inches (785 mm) high maximum.

EXCEPTION: Play tables designed and constructed primarily for children 5 years and younger shall not be required to provide knee clearance where the clear floor or ground space required by 1008.4.2 is arranged for a parallel approach.

1008.4.4 Entry Points and Seats. Where play components require transfer to entry points or seats, the entry points or seats shall be 11 inches (280 mm) minimum and 24 inches (610 mm) maximum from the clear floor or ground space.

EXCEPTION: Entry points of slides shall not be required to comply with 1008.4.4.

1008.4.5 Transfer Supports. Where play components require transfer to entry points or seats, at least one means of support for transferring shall be provided.

1009 Swimming Pools, Wading Pools, and Spas

1009.1 General. Where provided, pool lifts, sloped entries, transfer walls, transfer systems, and pool stairs shall comply with 1009.

1009.2 Pool Lifts. Pool lifts shall comply with 1009.2.

1009.2.1 Pool Lift Location. Pool lifts shall be located where the water level does not exceed 48 inches (1220 mm).

EXCEPTIONS:

1. Where the entire pool depth is greater than 48 inches (1220 mm), compliance with 1009.2.1 shall not be required.

2. Where multiple pool lift locations are provided, no more than one pool lift shall be required to be located in an area where the water level is 48 inches (1220 mm) maximum.

1009.2.2 Seat Location. In the raised position, the centerline of the seat shall be located over the deck and 16 inches (405 mm) minimum from the edge of the pool. The deck surface between the centerline of the seat and the pool edge shall have a slope not steeper than 1:48.

Figure 1009.2.2 Pool Lift Seat Location

1009.2.3 Clear Deck Space. On the side of the seat opposite the water, a clear deck space shall be provided parallel with the seat. The space shall be 36 inches (915 mm) wide minimum and shall extend forward 48 inches (1220 mm) minimum from a line located 12 inches (305 mm) behind the rear edge of the seat. The clear deck space shall have a slope not steeper than 1:48.

Figure 1009.2.3 Clear Deck Space at Pool Lifts

1009.2.4 Seat Height. The height of the lift seat shall be designed to allow a stop at 16 inches (405 mm) minimum to 19 inches (485 mm) maximum measured from the deck to the top of the seat surface when in the raised (load) position.

Figure 1009.2.4 Pool Lift Seat Height

1009.2.5 Seat Width. The seat shall be 16 inches (405 mm) wide minimum.

1009.2.6 Footrests and Armrests. Footrests shall be provided and shall move with the seat. If provided, the armrest positioned opposite the water shall be removable or shall fold clear of the seat when the seat is in the raised (load) position.

EXCEPTION: Footrests shall not be required on pool lifts provided in spas.

1009.2.7 Operation. The lift shall be capable of unassisted operation from both the deck and water levels. Controls and operating mechanisms shall be unobstructed when the lift is in use and shall comply with 309.4.

1009.2.8 Submerged Depth. The lift shall be designed so that the seat will submerge to a water depth of 18 inches (455 mm) minimum below the stationary water level.

Figure 1009.2.8 Pool Lift Submerged Depth

1009.2.9 Lifting Capacity. Single person pool lifts shall have a weight capacity of 300 pounds. (136 kg) minimum and be capable of sustaining a static load of at least one and a half times the rated load.

1009.3 Sloped Entries. Sloped entries shall comply with 1009.3.

1009.3.1 Sloped Entries. Sloped entries shall comply with Chapter 4 except as modified in 1009.3.1 through 1009.3.3.

EXCEPTION: Where sloped entries are provided, the surfaces shall not be required to be slip resistant.

1009.3.2 Submerged Depth. Sloped entries shall extend to a depth of 24 inches (610 mm) minimum and 30 inches (760 mm) maximum below the stationary water level. Where landings are required by 405.7, at least one landing shall be located 24 inches (610 mm) minimum and 30 inches (760 mm) maximum below the stationary water level.

EXCEPTION: In wading pools, the sloped entry and landings, if provided, shall extend to the deepest part of the wading pool.

Figure 1009.3.2 Sloped Entry Submerged Depth

1009.3.3 Handrails. At least two handrails complying with 505 shall be provided on the sloped entry. The clear width between required handrails shall be 33 inches (840 mm) minimum and 38 inches (965 mm) maximum.

EXCEPTIONS:

1. Handrail extensions specified by 505.10.1 shall not be required at the bottom landing serving a sloped entry .

2. Where a sloped entry is provided for wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area, the handrails shall not be required to comply with the clear width requirements of 1009.3.3.

3. Sloped entries in wading pools shall not be required to provide handrails complying with 1009.3.3. If provided, handrails on sloped entries in wading pools shall not be required to comply with 505.

Figure 1009.3.3 Handrails for Sloped Entry

1009.4 Transfer Walls. Transfer walls shall comply with 1009.4.

1009.4.1 Clear Deck Space. A clear deck space of 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum with a slope not steeper than 1:48 shall be provided at the base of the transfer wall. Where one grab bar is provided, the clear deck space shall be centered on the grab bar. Where two grab bars are provided, the clear deck space shall be centered on the clearance between the grab bars.

Figure 1009.4.1 Clear Deck Space at Transfer Walls

1009.4.2 Height. The height of the transfer wall shall be 16 inches (405 mm) minimum and 19 inches (485 mm) maximum measured from the deck.

Figure 1009.4.2 Transfer Wall Height

1009.4.3 Wall Depth and Length. The depth of the transfer wall shall be 12 inches (305 mm) minimum and 16 inches (405 mm) maximum. The length of the transfer wall shall be 60 inches (1525 mm) minimum and shall be centered on the clear deck space.

Figure 1009.4.3 Depth and Length of Transfer Walls

1009.4.4 Surface. Surfaces of transfer walls shall not be sharp and shall have rounded edges.

1009.4.5 Grab Bars. At least one grab bar complying with 609 shall be provided on the transfer wall. Grab bars shall be perpendicular to the pool wall and shall extend the full depth of the transfer wall. The top of the gripping surface shall be 4 inches (100 mm) minimum and 6 inches (150 mm) maximum above transfer walls. Where one grab bar is provided, clearance shall be 24 inches (610 mm) minimum on both sides of the grab bar. Where two grab bars are provided, clearance between grab bars shall be 24 inches (610 mm) minimum.

EXCEPTION: Grab bars on transfer walls shall not be required to comply with 609.4.

Figure 1009.4.5 Grab Bars for Transfer Walls

1009.5 Transfer Systems. Transfer systems shall comply with 1009.5.

1009.5.1 Transfer Platform. A transfer platform shall be provided at the head of each transfer system. Transfer platforms shall provide 19 inches (485 mm) minimum clear depth and 24 inches (610 mm) minimum clear width.

Figure 1009.5.1 Size of Transfer Platform

1009.5.2 Transfer Space. A transfer space of 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum with a slope not steeper than 1:48 shall be provided at the base of the transfer platform surface and shall be centered along a 24 inch (610 mm) minimum side of the transfer platform. The side of the transfer platform serving the transfer space shall be unobstructed.

Figure 1009.5.2 Clear Deck Space at Transfer Platform

1009.5.3 Height. The height of the transfer platform shall comply with 1009.4.2.

1009.5.4 Transfer Steps. Transfer step height shall be 8 inches (205 mm) maximum. The surface of the bottom tread shall extend to a water depth of 18 inches (455 mm) minimum below the stationary water level.

Figure 1009.5.4 Transfer Steps

1009.5.5 Surface. The surface of the transfer system shall not be sharp and shall have rounded edges.

1009.5.6 Size. Each transfer step shall have a tread clear depth of 14 inches (355 mm) minimum and 17 inches (430 mm) maximum and shall have a tread clear width of 24 inches (610 mm) minimum.

Figure 1009.5.6 Size of Transfer Steps

1009.5.7 Grab Bars. At least one grab bar on each transfer step and the transfer platform or a continuous grab bar serving each transfer step and the transfer platform shall be provided. Where a grab bar is provided on each step, the tops of gripping surfaces shall be 4 inches (100 mm) minimum and 6 inches (150 mm) maximum above each step and transfer platform. Where a continuous grab bar is provided, the top of the gripping surface shall be 4 inches (100 mm) minimum and 6 inches (150 mm) maximum above the step nosing and transfer platform. Grab bars shall comply with 609 and be located on at least one side of the transfer system. The grab bar located at the transfer platform shall not obstruct transfer.

EXCEPTION: Grab bars on transfer systems shall not be required to comply with 609.4.

Figure 1009.5.7 Grab Bars

1009.6 Pool Stairs. Pool stairs shall comply with 1009.6.

1009.6.1 Pool Stairs. Pool stairs shall comply with 504.

EXCEPTION: Pool step riser heights shall not be required to be 4 inches (100 mm) high minimum and 7 inches (180 mm) high maximum provided that riser heights are uniform.

1009.6.2 Handrails. The width between handrails shall be 20 inches (510 mm) minimum and 24 inches (610 mm) maximum. Handrail extensions required by 505.10.3 shall not be required on pool stairs.

1010 Shooting Facilities with Firing Positions

1010.1 Turning Space. A circular turning space 60 inches (1525 mm) diameter minimum with slopes not steeper than 1:48 shall be provided at shooting facilities with firing positions.

1011 Outdoor Constructed Features

1011.1 General. All outdoor constructed features shall comply with 1011.2 and 1011.3. Outdoor constructed features specified in 1011.4 through 1011.8 shall comply with those provisions, as applicable.

1011.2 Clear Ground Space. A clear ground space complying with 1011.2 shall be provided at outdoor constructed features.

EXCEPTIONS:

1. Where individual outdoor constructed features are altered and the ground surface is not altered, the clear ground space shall not be required to comply with 1011.2.2 and 1011.2.3.

2. In alterations, when an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1011.2, the clear ground space shall comply with the provision to the extent practicable.

1011.2.1 Size and Location. The size and location of the clear ground space shall be in accordance with Table 1011.2.1. Unless otherwise specified in Table 1011.2.1, one full unobstructed side of the clear ground space shall adjoin or overlap an outdoor recreation access route or a trail, as applicable, or another clear ground space.

Table 1011.2.1 Clear Ground Space

Outdoor Constructed Feature

Minimum Size and Location

Picnic tables

36 inches (915 mm) on all usable sides of the table measured from the back edge of the benches

Fire rings, grills, fireplaces, and woodstoves

48 inches (1220 mm) by 48 inches (1220 mm) on all usable sides of the fire ring, grill, fireplace, and woodstove

Center the space on each usable side of the grill, fireplace, and woodstove

Trash and recycling receptacles

36 inches (915 mm) by 48 inches (1220 mm) positioned for forward approach to the receptacle opening; or 30 inches (760 mm) by 60 inches (1525 mm) positioned for a parallel approach to the receptacle opening

Water hydrants

72 inches (1830 mm) by 48 inches (1220 mm) with the long side of the space adjoining or overlapping an outdoor recreation access route or trail, as applicable, or another clear ground space

Locate the space so that the water spout is 11 inches (280 mm) minimum and 12 inches (305 mm) maximum from the rear center of the long side of the space

Utility and sewage hookups

30 inches (760 mm) by 60 inches (1525 mm) with the long side of the space adjoining or overlapping an accessible parking space or pull-up space for recreational vehicles

Locate the space so that the hook-ups are at the rear center of the space

Bollards or other barriers shall not obstruct the clear ground space in front of the hook-ups

Outdoor rinsing showers

60 inches (1525 mm) by 60 inches (1525 mm) centered on the shower heads

Locate the space so that the shower pedestal or wall with the shower head are at the rear end of the space

Benches

36 inches (915 mm) by 48 inches (1220 mm) positioned near the bench with one side of the space adjoining an outdoor recreation access route or trail, as applicable

The clear ground space shall not overlap the outdoor recreation access route or trail, or another clear ground space

Viewing Scopes

36 inches (915 mm) by 48 inches (1220 mm) positioned for forward approach to the viewing scope

Provide knee and toe clearance complying with 306 under the viewing scope

Locate the space so that the eyepiece is centered on the space

1011.2.2 Surface. The surface of the clear ground space shall be firm and stable.

1011.2.3 Slope. The slope of the clear ground space surface shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1011.2.4 Openings. Openings in the clear ground space surface shall not allow the passage of a sphere more than 1/2 inch (13 mm) in diameter.

1011.3 Operable Parts. Operable parts shall comply with 309.3 and 309.4.

EXCEPTIONS:

1. Fire rings, grills, fireplaces, wood stoves, water hydrants, and water utility hookups shall comply with 309.4 to the extent practicable.

2. Trash and recycling receptacles with hinged lids and controls to keep out large animals shall comply with 309.4 to the extent practicable.

3. Dumpster type trash and recycling receptacles shall not be required to comply with 309.3 and 309.4.

4. Sewage hatches shall not be required to comply with 309.3 and 309.4.

1011.4 Picnic Tables. Picnic tables shall comply with 1011.4.

1011.4.1 Height. The tops of picnic tables shall comply with 902.3.

1011.4.2 Wheelchair Space. Picnic tables shall provide at least one wheelchair space for each 24 linear feet (7320 mm) of usable table surface perimeter. Wheelchair spaces shall be 30 inches (760 mm) minimum by 48 inches (1220 mm) minimum. Wheelchair spaces shall be positioned for a forward approach to the table and provide knee and toe clearance complying with 306 under the table.

1011.5 Fire Rings, Grills, Fireplaces, and Wood Stoves. Fire rings, grills, fireplaces, and wood stoves shall comply with 1011.5.

1011.5.1 Fire Building Surfaces. Fire building surfaces shall be 9 inches (230 mm) minimum above the ground.

1011.5.2 Cooking Surfaces. Where provided, cooking surfaces shall be 15 inches (380 mm) minimum and 34 inches (865 mm) maximum above the ground.

1011.5.3 Raised Edges or Walls. Where fire rings, grills, or fireplaces are constructed with raised edges or walls, the depth of the raised edge or wall shall be 10 inches (255 mm) maximum.

1011.6 Water Spouts. Water spouts at water hydrants and water utility hook-ups shall be 28 inches (710 mm) minimum and 36 inches (915 mm) maximum above the ground.

1011.7 Outdoor Rinsing Showers. Outdoor rinsing showers shall provide at least one hand-held shower spray unit with a hose 59 inches (1500 mm) long minimum. The hand-held shower spray unit shall have at least one fixed position located 15 inches minimum (380 mm) and 48 inches (1220 mm) maximum above the ground.

EXCEPTION: Where vandalism is a consideration, a fixed shower head located at 48 in (1220 mm) above the ground shall be permitted in place of a hand-held shower spray unit.

1011.8 Viewing Scopes. Eyepieces on viewing scopes shall be 43 inches (1090 mm) minimum and 51 inches (1295 mm) maximum above the ground.

1012 Parking Spaces within Camping Units and Picnic Units and Pull-Up Spaces at Dump Stations

1012.1 General. Parking spaces within camping units and picnic units with mobility features and pull-up spaces for recreational vehicles at dump stations shall comply with 1012.

1012.2 Recreational Vehicles. Parking spaces and pull-up spaces for recreational vehicles shall be 20 feet (6100 mm) wide minimum.

EXCEPTION: Where two adjacent parking spaces are provided for recreational vehicles, one parking space shall be permitted to be 16 feet (4880 mm) wide minimum.

1012.3 Other Vehicles. Parking spaces for vehicles, other than recreational vehicles, shall be 16 feet (4880 mm) wide minimum.

EXCEPTION: Where two adjacent parking spaces are provided for vehicles, other than recreational vehicles, one parking space shall be permitted to be 8 feet (2440 mm) wide minimum.

1012.4 Surface. The surface of parking spaces and pull-up spaces shall be firm and stable.

1012.5 Slope. The slope of the surface of parking spaces and pull-up spaces shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1012.6 Marking and signage. Ground marking and signage, if provided, shall comply with 502.1, 502.3.3 and 502.6.

1013 Tent Pads and Tent Platforms

1013.1 General. Tent pads and tent platforms shall comply with 1013.

EXCEPTION: When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1013, the tent pad and tent platform shall comply with the provision to the extent practicable.

1013.2 Clear Ground Space. Clear ground space complying with 1013.2 shall be provided on all usable sides of tent pads and tent platforms.

1013.2.1 Size. The clear ground space shall be 48 inches (1220 mm) wide minimum.

1013.2.2 Surface. The surface of the clear ground space shall be firm and stable. The surface shall allow use of tent stakes and other tent securement devices.

1013.3 Slope. The slope of the surface of tent pads, tent platforms, and clear ground spaces shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted where necessary for drainage.

1013.4 Height. Tent platforms shall be 19 inches (485 mm) high maximum measured from the clear ground space to the tent platform surface.

1014 Camp Shelters

1014.1 General. Camp shelters shall comply with 1014.

EXCEPTIONS:

1. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1014, the camp shelter shall comply with the provision to the extent practicable.

2. Camp shelters shall not be required to comply with 307.

1014.2 Entrance. Camp shelters shall provide an entrance complying with 1014.2.1 or 1014.2.2.

1014.2.1 Transfer Access. Where transfer access is provided at the entrance to a camp shelter, the entrance shall comply with 1014.2.1.

1014.2.1.1 Clear Ground Space. A clear ground space shall be provided at the entrance to the camp shelter. The clear ground space shall be 36 inches (915 mm) minimum by 48 inches (1220 mm) minimum and shall be positioned for a parallel approach to the camp shelter. One full unobstructed side of the clear ground space shall adjoin or overlap an outdoor recreation access route or trail, as applicable, or another clear ground space.

1014.2.1.1.1 Surface. The surface of the clear ground space shall be firm and stable.

1014.2.1.1.2 Slope. The slope of the surface of the clear ground space shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted where necessary for drainage.

1014.2.1.2 Floor Height. The camp shelter floor at the entrance shall be 19 inches (485 mm) high maximum measured from the clear ground space.

1014.2.2 Roll-in Access. Where roll-in access is provided at the entrance to a camp shelter, the entrance shall comply with 1014.2.2.

1014.2.2.1 Level or Sloped Entry Route. Camp shelters providing roll-in access shall have a level or sloped entry route complying 1016 or 1017, as applicable.

1014.2.2.2 Turning Space. A turning space complying with 304.3 shall be provided within the camp shelter.

1014.3 Floor. The floor within camp shelters shall comply with 1014.3.

1014.3.1 Surface. The floor surface shall be firm and stable.

1014.3.2 Slope. The slope of the floor surface shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the floor surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1015 Viewing Areas

1015.1 General. Viewing areas shall comply with 1015.

EXCEPTION: In alterations, when an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1015, the viewing area shall comply with the provision to the extent practicable.

1015.2 Clear Ground Space. A clear ground space shall be provided at each distinct viewing location. The clear ground space shall be 36 inches (915 mm) minimum by 48 inches (1220 mm) minimum and shall be positioned for either a forward or parallel approach to the viewing location. One full unobstructed side of the clear ground space shall adjoin or overlap an outdoor recreation access route or trail, as applicable, or another clear ground space.

1015.3 Viewing Space. Each distinct viewing location shall provide a viewing space adjacent to the clear ground space required by 1015.2 through which the point of interest is viewable. The viewing space shall be 32 inches (815 mm) maximum and 51 inches (1295 mm) minimum high above the ground and shall extend the full width of the clear ground space.

EXCEPTION: Guards or similar safety barriers shall be permitted to obstruct the viewing space to the extent the obstruction is necessary for the guard or safety barrier to serve its intended purpose.

1015.4 Turning Space. A turning space complying with 304.3 shall be provided within viewing areas.

1015.5 Surface. The surface of clear ground spaces and turning spaces shall be firm and stable.

1015.6 Slope. The slope of the surface of clear ground spaces and turning spaces shall not be steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1016 Outdoor Recreation Access Routes

1016.1 General. Outdoor recreation access routes shall comply with 1016.

EXCEPTIONS:

1. In alterations to existing camping facilities, picnic facilities, and trailheads, when an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1016 on a portion of an outdoor recreation access route, the portion of the outdoor recreation access route shall comply with the provision to the extent practicable.

2. At viewing areas, when an entity determines that a condition in 1019 does not permit full compliance on a portion of an outdoor recreation access route with a specific provision in 1016, the portion of the outdoor recreation access route shall comply with the provision to the extent practicable.

3. Where outdoor recreation access routes are provided within vehicular ways, outdoor recreation access routes shall not be required to comply with 1016.4, 1016.7, and 1016.8.

4. 2 Surface. The surface of outdoor recreation access routes, passing spaces, and resting intervals shall be firm and stable.

1016.3 Clear Width. The clear width of outdoor recreation access routes shall be 36 inches (915 mm) minimum.

1016.4 Passing Spaces. Outdoor recreation access routes with a clear width less than 60 inches (1525 mm) shall provide passing spaces complying with 1016.4 at intervals of 200 feet (61 m) maximum. Passing spaces and resting intervals shall be permitted to overlap.

1016.4.1 Size. The passing space shall be either:

a. A space 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum; or

b. The intersection of two outdoor recreation access routes providing a T-shaped space complying with 304.3.2 where the base and the arms of the T-shaped space extend 48 inches (1220 mm) minimum beyond the intersection. Vertical alignment at the intersection of the outdoor recreation access routes that form the T-shaped space shall be nominally planar.

1016.5 Obstacles. Obstacles on outdoor recreation access routes, passing spaces, and resting intervals shall not exceed 1/2 inch (13 mm) in height measured vertically to the highest point.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, obstacles shall be permitted to not exceed 1 inch (25 mm) in height measured vertically to the highest point.

1016.6 Openings. Openings in the surface of outdoor recreation access routes shall not allow the passage of a sphere more than 1/2 inch (13 mm) in diameter.

1016.7 Slopes. The slopes of outdoor recreation access routes shall comply with 1016.7.

1016.7.1 Maximum Running Slope and Segment Length. The running slope of any segment of an outdoor recreation access route shall not be steeper than 1:10 (10%). Where the running slope of a segment of an outdoor recreation access route is steeper than 1:20 (5%), the maximum length of the segment shall be in accordance with Table 1016.7.1, and a resting interval complying with 1016.8 shall be provided at the top and bottom of each segment.

Table 1016.7.1 Maximum Running Slope and Segment Length

Running Slope of Outdoor Recreation Access Route Segment

Maximum Length of Segment

Steeper than

But not Steeper than

1:20 (5%)

1:12 (8.33%)

50 feet (15 m)

1:12 (8.33%)

1:10 (10%)

30 feet (9 m)

1016.7.2 Cross Slope. The cross slope shall not be steeper than 1:48.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, cross slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1016.8 Resting Intervals. Resting intervals shall comply with 1016.8.

1016.8.1 Length. The resting interval length shall be 60 inches (1525 mm) long minimum.

1016.8.2 Width. Where resting intervals are provided within an outdoor recreation access route, resting intervals shall be at least as wide as the widest segment of the outdoor recreation access route leading to the resting interval. Where resting intervals are provided adjacent to an outdoor recreation access route, the resting interval shall be 36 inches (915 mm) wide minimum.

1016.8.3 Slope. Resting intervals shall have slopes not steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1016.8.4 Turning Space. Where resting intervals are provided adjacent to an outdoor recreation access route, a turning space complying with 304.3.2 shall be provided. Vertical alignment between the outdoor recreation access route, turning space, and resting interval shall be nominally planar.

1016.9 Protruding Objects. Constructed elements on outdoor recreation access routes, passing spaces, and resting intervals shall comply with 307.

1017 Trails

1017.1 General. Trails shall comply with 1017.

EXCEPTIONS:

1. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1017 on a portion of a trail, the portion of the trail shall comply with the provision to the extent practicable.

2. After applying Exception 1, when an entity determines that it is impracticable for the entire trail to comply with 1017, the trail shall not be required to comply with 1017.

1017.2 Surface. The surface of trails, passing spaces, and resting intervals shall be firm and stable.

1017.3 Clear Tread Width. The clear tread width of trails shall be 36 inches (915 mm) minimum.

1017.4 Passing Spaces. Trails with a clear tread width less than 60 inches (1525 mm) shall provide passing spaces complying with 1017.4 at intervals of 1000 feet (300 m) maximum. Where the full length of a trail does not fully comply with 1017, a passing space shall be located at the end of the trail segment that fully complies with 1017. Passing spaces and resting intervals shall be permitted to overlap.

1017.4.1 Size. The passing space shall be either:

a. A space 60 inches (1525 mm) minimum by 60 inches (1525 mm) minimum; or

b. The intersection of two trails providing a T-shaped space complying with 304.3.2 where the base and the arms of the T-shaped space extend 48 inches (1220 mm) minimum beyond the intersection. Vertical alignment at the intersection of the trails that form the T-shaped space shall be nominally planar.

1017.5 Tread Obstacles. Tread obstacles on trails, passing spaces, and resting intervals shall not exceed 1/2 inch (13 mm) in height measured vertically to the highest point.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, tread obstacles shall be permitted to not exceed 2 inches (50 mm) in height measured vertically to the highest point.

1017.6 Openings. Openings in the surface of trails, passing spaces, and resting intervals shall not allow the passage of a sphere more than 1/2 inch (13 mm) in diameter.

1017.7 Slopes. The slopes of trails shall comply with 1017.7.

1017.7.1 Maximum Running Slope and Segment Length. Not more than 30 percent of the total length of a trail shall have a running slope steeper than 1:12 (8.33%). The running slope of any segment of a trail shall not be steeper than 1:8 (12%). Where the running slope of a segment of a trail is steeper than 1:20 (5%), the maximum length of the segment shall be in accordance with Table 1017.7.1, and a resting interval complying with 1017.8 shall be provided at the top and bottom of each segment.

Table 1017.7.1 Maximum Running Slope and Segment Length

Running Slope of Trail Segment

Maximum Length of Segment

Steeper than

But not Steeper than

1:20 (5%)

1:12 (8.33%)

200 feet (61 m)

1:12 (8.33%)

1:10 (10%)

30 feet (9 m)

1:10 (10%)

1:8 (12%)

10 feet (3050 mm)

1017.7.2 Cross Slope. The cross slope shall be not be steeper than 1:48.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, cross slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1017.8 Resting Intervals. Resting intervals shall comply with 1017.8.

1017.8.1 Length. The resting interval length shall be 60 inches (1525 mm) long minimum.

1017.8.2 Width. Where resting intervals are provided within the trail tread, resting intervals shall be at least as wide as the widest segment of the trail tread leading to the resting interval. Where resting intervals are provided adjacent to the trail tread, the resting interval clear width shall be 36 inches (915 mm) minimum.

1017.8.3 Slope. Resting intervals shall have slopes not steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, cross slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1017.8.4 Turning Space. Where resting intervals are provided adjacent to the trail tread, a turning space complying with 304.3.2 shall be provided. Vertical alignment between the trail tread, turning space, and resting interval shall be nominally planar.

1017.9 Protruding Objects. Constructed elements on trails, passing spaces, and resting intervals shall comply with 307.

1017.10 Trailhead Signs. Trail information signs at trailheads shall include the following:

1. Length of the trail or trail segment;

2. Surface type;

3. Typical and minimum tread width;

4. Typical and maximum running slope; and

5. Typical and maximum cross slope.

1018 Beach Access Routes

1018.1 General. Beach access routes shall comply with 1018.

EXCEPTIONS:

1. When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1018 on a portion of a beach access route, the portion of the beach access route shall comply with the provision to the extent practicable.

2. After applying Exception 1, when an entity determines that it is impracticable to provide a beach access route complying with 1018, a beach access route shall not be required.

3. Removable beach access routes shall not be required to comply with 1018.7, 1018.8, and 1018.10.

1018.2 Connections. Beach access routes shall connect an entry point to the beach to the:

1. High tide level at tidal beaches;

2. Mean high water level at river beaches; or

3. Normal recreation water level at lake, pond, and reservoir beaches.

1018.3 Surface. The surface of beach access routes and resting intervals shall be firm and stable.

1018.4 Clear Width. The clear width of beach access routes shall be 60 inches (1525 mm) minimum.

EXCEPTION: At dune crossings, the clear width of beach access routes that are not removable shall be permitted to be reduced to 48 inches (1220 mm) minimum.

1018.5 Obstacles. Obstacles on beach access routes and resting intervals shall not exceed 1/2 inch (13 mm) in height measured vertically to the highest point.

EXCEPTION: Where the surface is other than asphalt, concrete, or boards, obstacles shall be permitted to not exceed 1 inch (25 mm) in height measured vertically to the highest point.

1018.6 Openings. Openings in the surface of beach access routes and resting intervals shall not allow the passage of a sphere more than 1/2 inch (13 mm) in diameter.

1018.7 Slopes. The slopes of beach access routes shall comply with 1018.7.

1018.7.1 Maximum Running Slope and Segment Length. The running slope of any segment of a beach access route shall not be steeper than 1:10 (10%). Where the running slope of a segment of a beach access route is steeper than 1:20 (5%), the maximum length of the segment shall be in accordance with Table 1018.7.1, and a resting interval complying with 1018.8 shall be provided at the top and bottom of each segment.

Table 1018.7.1 Maximum Running Slope and Segment Length

Running Slope of Beach Access Route Segment

Maximum Length of Segment

Steeper than

But not Steeper than

1:20 (5%)

1:12 (8.33%)

50 feet (15 m)

1:12 (8.33%)

1:10 (10%)

30 feet (9 m)

1018.7.2 Cross Slope. The cross slope shall not be steeper than 1:48.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, cross slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1018.8 Resting Intervals. Resting intervals shall comply with 1018.8.

1018.8.1 Size. Resting intervals shall be 60 inches minimum (1525 mm) by 60 inches (1525 mm) minimum.

1018.8.2 Slope. Resting intervals shall have a slope not steeper than 1:48 in any direction.

EXCEPTION: Where the surface is other than concrete, asphalt, or boards, cross slopes not steeper than 1:20 shall be permitted when necessary for drainage.

1018.9 Protruding Objects. Constructed elements on beach access routes and resting intervals shall comply with 307.

1018.10 Dune Crossings. Where the slope of a beach access route at a dune crossing is steeper than 1:20 (5%), handrails complying with 505 and curbs or barriers shall be provided. The curbs or barriers shall prevent the passage of a 2 inch (50 mm) diameter sphere, where any portion of the sphere is within 2 inches (50 mm) of the crossing surface.

1019 Conditions for Exceptions

1019.1 General. Exceptions to specific provisions in 1011, 1013, 1014, 1015, 1016, 1017, and 1018 shall be permitted when an entity determines that any of the following conditions does not permit full compliance with the provision:

1. Compliance is not practicable due to terrain.

2. Compliance cannot be accomplished with the prevailing construction practices.

3. Compliance would fundamentally alter the function or purpose of the facility or the setting.

4. Compliance is limited or precluded by any of the following laws, or by decisions or opinions issued or agreements executed pursuant to any of the following laws:

• Endangered Species Act (16 USC 1531 et seq.);

• National Environmental Policy Act (42 USC 4321 et seq.);

• National Historic Preservation Act (16 USC 470 et seq.);

• Wilderness Act (16 USC 1131 et seq.); or

• Other federal, state, or local law the purpose of which is to preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or other significant natural features.

Subchapter c Asbestos Abatement

Part 500 Asbestos Abatement Authority Act Procedures

71 Ill. Adm. Code 500.10 Purpose

These Asbestos Abatement Authority Act Procedures (Procedures) are established pursuant to the Asbestos Abatement Authority Act [20 ILCS 3120] requiring the Capital Development Board (Board or CDB) to develop and implement a program for the identification and abatement of asbestos in all State governmental buildings and to adopt rules and regulations consistent with this purpose.

History

• Source: Amended at 20 Ill. Reg. 15218, effective November 15, 1996

71 Ill. Adm. Code 500.20 Definitions

a) "ACM" means Asbestos Containing Material.

b) "Asbestos Survey Protocol" means CDB's A/E Manual of Procedures for Asbestos Inspections & Management Plans which sets forth procedures for surveying ACM in State buildings.

c) "Board" or "CDB" means the Capital Development Board.

d) "Building" means any structure used or intended for supporting or sheltering any use or occupancy.

e) "Management Plan" means a plan to provide for management of the asbestos in place, pending removal, and to establish the recommended response action.

f) "Operations and Maintenance Program" (O & M Program) means a plan of work practices to provide for the safe operation of a building with ACM, and to keep the ACM in a state of good repair. The O & M Program is a component of a Management Plan.

g) "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.

71 Ill. Adm. Code 500.30 Incorporated and Referenced Material

a) The following laws are referenced within this Part:

1. Public Law 101-637; Asbestos School Hazard Abatement Reauthorization Act of 1990 (ASHARA).

2. Commercial and Public Building Asbestos Abatement Act [25 ILCS 207].

b) The following rules, regulations, standards and guidelines are hereby incorporated by reference, as allowed by 5 ILCS 100/5-75, as part of these Procedures:

1. The Illinois Department of Public Health (IDPH) Rules and Regulations (77 Ill. Adm. Code 855) implemented and authorized by the Asbestos Abatement Act [105 ILCS 105].

2. United States Environmental Protection Agency (USEPA) Asbestos Hazard Emergency Response Act (AHERA) (40 CFR 763.Subpart E, F, and G (1992, no subsequent dates or editions)).

3. National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR 61.Subpart M (1992, no subsequent dates or editions)).

4. Occupational Safety and Health Act (OSHA) rules (29 CFR 1910.1001 & 1926.1101 (1995, no subsequent dates or editions)).

c) Copies of the incorporated materials are available for inspection and copying by the public at the Capital Development Board, 3rd Floor, Wm. G. Stratton Building, Springfield IL 62706.

History

• Source: Amended at 20 Ill. Reg. 15218, effective November 15, 1996

71 Ill. Adm. Code 500.40 Applicability

This Part applies to all State governmental entities involved in management, maintenance, construction, renovation, remodeling or repair of State owned buildings or structures.

71 Ill. Adm. Code 500.50 Variances

The Board shall have the authority to issue variances from these rules, except for schools covered by IDPH. Variances may be granted when conditions, including one or more of the following, are present:

a) When alternative procedures are safer for workers and occupants than the procedures provided in these regulations.

b) When alternative procedures would be less costly and do not compromise worker or occupant safety.

c) When alternative procedures would be less time consuming and do not compromise worker or occupant safety.

71 Ill. Adm. Code 500.60 Identification of Asbestos

The asbestos survey protocol compatible with current regulations incorporated by reference above shall be utilized as follows:

a) A Statewide asbestos survey will be completed by CDB as funds are available through cost recovery litigation or from State's General Revenue Fund. The purpose of the survey shall be to produce a Management Plan, if applicable.

b) Entire buildings or structures shall be surveyed in conjunction with renovation and demolition projects to identify ACM.

c) Surveys may be conducted whenever suspected asbestos hazards are reported.

71 Ill. Adm. Code 500.70 Abatement of Asbestos Hazards

Asbestos shall be removed when necessary to complete ongoing renovation or demolition projects, when immediate asbestos hazards exist, or when removal is less costly than management of the material in place. Non-removal hazard abatement methods shall be used where appropriate.

71 Ill. Adm. Code 500.80 Management of Asbestos in Place

Management Plans identify all ACMs in each building and recommend how each area of asbestos shall be handled. All buildings or structures that have not been surveyed shall be issued a standard (non building specific) O & M Program developed by the Board.

Subchapter d Energy Codes

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.100 Definitions

Definitions of terms in the International Energy Conservation Code, incorporated by reference in Subpart C of this Part, apply, as do the following definitions:

"2024 International Energy Conservation Code Final Draft" means the Public Comments Draft 2 version of the 2024 IECC with approved proposals from the Committee Action Report.

"Act" means the Capital Development Board Act [20 ILCS 3105].

"Authority Having Jurisdiction" or "AHJ" means the organization, office or individual responsible for approving equipment, materials, an installation or procedure.

"CDB" or "Board" means the Illinois Capital Development Board.

"Commercial Facility" means any building except a building that is a residential building as defined in the EEB Act. [20 ILCS 3125/10]

"Council" means the Illinois Energy Conservation Advisory Council appointed under Section 600.120 and whose purpose it is to recommend modifications to the Illinois Energy Conservation Code.

"EEB Act" means the Energy Efficient Building Act [20 ILCS 3125].

"IECC" means the International Energy Conservation Code.

"Illinois Energy Conservation Code" means:

With respect to the privately funded commercial facilities covered by Subpart C Section 600.300:

This Part, all additional requirements incorporated within Subpart C (including the 2021 International Energy Conservation Code that encompasses ASHRAE 90.1, including all published errata but excluding published supplements, and any statutorily authorized adaptations to the incorporated standards adopted by CDB; and

With respect to the residential buildings covered by Subpart D Section 600.400:

This Part, all additional requirements incorporated within Subpart D (including the 2021 International Energy Conservation Code, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB.

"Illinois Commercial Stretch Energy Code" or "Commercial Stretch Code" means:

With respect to the State facilities covered by Subpart B and privately funded commercial facilities covered by Subpart C Section 600.305:

This Part, all additional requirements incorporated within Subparts B and C (including the 2024 International Energy Conservation Code Final Draft Commercial Provisions that encompasses ASHRAE 90.1, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB;

"Illinois Residential Stretch Energy Code" or "Residential Stretch Code" means:

With respect to the residential buildings covered by Subpart D Section 600.405:

This Part, all additional requirements incorporated with Subpart D (including the 2021 International Energy Conservation Code Residential Provisions, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB.

"Municipality" means any city, village, or incorporated town. [20 ILCS 3125/10]

"Residential Building" means a detached one-family or 2-family dwelling or any building that is 3 stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory, and a rooming house; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "residential building" means a building containing one or more dwelling units, not exceeding 4 stories above grade, where occupants are primarily permanent. [20 ILCS 3125/10]

"State Funded Building" means and includes buildings under the jurisdiction of each officer, department, board, commission, institution and body politic and corporate of the State, including the Illinois Building Authority, and any other person expending or encumbering State or federal funds by virtue of an appropriation or other authorization by the General Assembly or federal authorization or grant. This includes State funded housing, hospitals, penitentiaries, laboratories, educational facilities, administrative facilities, recreational facilities, environmental equipment and parking facilities [20 ILCS 3105/4.01].

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.110 Adoption and Modification of the Illinois Energy Codes

a) The purpose of the Illinois Energy Conservation Code is to implement Section 15 of the Energy Efficient Building Act [20 ILCS 3125] that requires CDB to officially adopt, as a minimum requirement for commercial structures and as a minimum and maximum requirement for residential buildings, the 2021 International Energy Conservation Code, including all published errata but excluding any published supplements, to apply that Illinois Energy Conservation Code to all commercial and residential structures in Illinois, and to assist local code officials with enforcing the requirements of the Illinois Energy Conservation Code. The 2021 Illinois Energy Conservation Code will become effective on January 1, 2024.

b) The purpose of the Illinois Stretch Energy Code as described in Subparts B, C, and D (State facilities, privately-funded commercial facilities and residential buildings) is to implement Section 55 of the Energy Efficient Building Act [20 ILCS 3125] that requires CDB to officially adopt, as a minimum requirement for State facilities, commercial structures and residential buildings in municipalities that have adopted the Illinois Stretch Energy Code, an energy code that meets the site energy indexes as outlined in Section 55 of the Energy Efficient Building Act.

c) The Illinois Energy Conservation Code as described in Subpart C (privately-funded commercial facilities) is effective April 8, 2007. The Illinois Energy Conservation Code as described in Subpart D (residential buildings) is effective January 29, 2010. The Illinois Stretch Energy Code as described in Subparts B, C and D (State facilities, privately-funded commercial facilities and residential buildings) is effective January 1, 2025.

d) Application of the Codes

1. State Facilities. The Illinois Commercial Stretch Energy Code as described in Subpart B of this Part applies to all projects to which an energy conservation code is applicable that are authorized or funded in any part by the Board after July 1, 2024. [20 ILCS 3125/55]

2. Privately Funded Commercial Facilities and Residential Buildings. The Illinois Energy Conservation Code or the Illinois Stretch Energy Code if adopted by the local municipality as described in Subparts C and D of this Part applies to any new building or structure in this State for which a building permit application is received by a municipality or county. [20 ILCS 3125/20]

A) Additions, alterations, renovations, or repairs to an existing building, building system or portion thereof shall conform to the provisions of the Code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with the Code. [20 ILCS 3125/20(c)]

B) All exceptions listed in the Code related to additions, alterations, renovations, or repairs to an existing building are acceptable provided the energy use of the building is not increased.

e) This Code, together with the standards incorporated by reference in this Part, has the force of a building code and is administrative law applicable in the State of Illinois.

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.120 Illinois Energy Conservation Advisory Council

a) The Executive Director of the Capital Development Board shall appoint an Advisory Council. The Council shall be composed of the Executive Director or his or her authorized representative, who shall serve as Chairman ex-officio, and 16 additional members appointed by the Executive Director. The appointed members shall consist of 1 person representing the Illinois Environmental Protection Agency; 2 persons representing the residential construction contracting industry; 2 licensed architects; 1 licensed mechanical engineer; 1 licensed electrical engineer; 2 persons representing local code officials; and 2 persons representing the construction contracting industry; 1 representative from a group that represents environmental justice; 1 representative of a nonprofit or professional association advocating for the environment; 1 energy-efficiency advocate with technical expertise in single-family residential buildings; 1 energy-efficiency advocate with technical expertise in commercial buildings; and 1 energy-efficiency advocate with technical expertise in multifamily buildings, such as an affordable housing developer. Members of the Council shall be appointed for 4 year terms. The members appointed by the Executive Director shall serve for the term of their appointments or until their successors are appointed and may be reappointed upon expiration of the term. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for a full term.

b) Nine members of the Council shall constitute a quorum. The Chairman shall only vote to break a tie or when necessary to establish a quorum.

c) The purpose of the Council shall be to recommend modifications to the Illinois Energy Conservation Code and the Illinois Stretch Energy Code.

d) Members of the Council shall serve without compensation but shall be reimbursed for reasonable travel expenses necessarily incurred in the performance of their duties.

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.125 Illinois Energy Conservation Advisory Council Meetings

a) Public comment will be allowed at the end of each meeting for a period not to exceed 30 minutes or at other times as designated by the Chair. Each person making a public comment will be given up to three minutes of uninterrupted time to speak.

b) Public comment will be allowed prior to voting on any motion. Each person making a public comment will be given up to three minutes of uninterrupted time to speak.

c) The Chair may impose other time restrictions as may be necessary to accommodate all persons wishing to make comment.

d) Public comment is not permitted except at designated times unless requested by the Chair.

e) Public comment that is deemed by the Chair to be disruptive to the meeting and prevents the Council from accomplishing its business in an efficient manner, will not be allowed.

f) The council is not required to answer or respond to any public comment.

History

• Source: Added at 48 Ill. Reg. 14276, effective January 1, 2025

Part 600 Illinois Energy Conservation Code

71 Ill. Adm. Code 600.130 Revisions to the Code

This Code may be revised by the Capital Development Board on its own volition or pursuant to recommendations of the Illinois Energy Conservation Advisory Council and in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.200 Illinois Commercial Stretch Energy Code

a) The 2024 IECC Final Draft, including published errata but excluding published supplements, available from the Capital Development Board, 401 S. Spring St., 3rd Floor, Springfield, IL 62706 (cdb.energycodes@illinois.gov) through copyright agreement with International Code Council at 200 Massachusetts Ave, NW Suite 250, Washington DC 20001, phone: 1-888-ICC-SAFE (422-7233), www.iccsafe.org, is hereby incorporated into the Illinois Commercial Stretch Energy Code, as described in this Subpart as applicable to State funded facilities, with the modifications outlined in subsection (c).

b) All incorporations by reference in this Section are of the cited standards as they existed on the date specified. These incorporations include no later editions or amendments.

c) Modifications to IECC

Under Section 55 of the EEB Act, when applying the Illinois Commercial Stretch Energy Code to State funded facilities, CDB may modify the incorporated standards to meet objectives outlined in the EEB Act. Modifications, additions or omissions to the IECC Final Draft are specified in Appendix B and are rules of the CDB and are not requirements of the IECC.

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

Part 600 Illinois Energy Conservation Code

71 Ill. Adm. Code 600.210 Exemptions

a) The following buildings are exempt from the Code:

1. Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space;

2. Buildings that do not use either electricity or fossil fuel for comfort conditionings;

3. Historic buildings listed on the National Register of Historic Places or the Illinois Register of Historic Places, and those buildings that are designated by authorized personnel as historically significant;

4. Other buildings specified as exempt by the IECC.

b) For purposes of determining whether an exemption authorized under subsection (a)(2) applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating. [20 ILCS 3125/20]

History

• Source: Amended at 43 Ill. Reg. 8707, effective August 5, 2019

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.220 Compliance

Compliance with the Illinois Commercial Stretch Energy Code for State facilities as described by this Subpart B shall be demonstrated by submission of one of the following:

a) Buildings certified in compliance with Passive House Institute (PHI) or Passive House Institute U.S. (PHIUS) programs;

b) Compliance Certificates generated by the U.S. Department of Energy's COMcheck code compliance tool; or

c) The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.300 Illinois Energy Conservation Code

a) The 2024 IECC, including published errata but excluding published supplements (published May 2024), available from the International Code Council at 200 Massachusetts Ave, NW Suite 250, Washington, DC 20001, phone: 1-888-ICC-SAFE (422-7233), www.iccsafe.org, is hereby incorporated into the Illinois Energy Conservation Code, as described in this Subpart as applicable to privately funded commercial facilities, with the modifications outlined in subsection (c).

b) All incorporations by reference in this Section are of the cited standards as they existed on the date specified. These incorporations include no later editions or amendments.

c) Modifications to IECC

Under Section 15 of the EEB Act, when applying the Illinois Energy Conservation Code to privately funded commercial facilities, CDB may modify the incorporated standards to respond to the unique economy, population distribution, geography and climate of Illinois, as long as the objectives of the EEB Act are maintained. Modifications, additions or omissions to IECC are specified in Appendix A and are rules of the CDB and are not requirements of the IECC.

History

• Source: Amended at 49 Ill. Reg. 15562, effective November 30, 2025

Chapter I Capital Development Board

Subchapter d Energy Codes

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.305 Illinois Commercial Stretch Energy Code

a) The 2024 IECC Final Draft, including published errata but excluding published supplements, available from the Capital Development Board, 401 S. Spring St., 3rd Floor, Springfield, IL 62706 (cdb.energycodes@illinois.gov) through copyright agreement with International Code Council at 200 Massachusetts Ave, NW Suite 250, Washington, DC 20001, phone: 1-888-ICC-SAFE (422-7233), www.iccsafe.org, is hereby incorporated into the Illinois Commercial Stretch Energy Code, as described in this Subpart as applicable to privately funded commercial facilities, with the modifications outlined in subsection (c).

b) All incorporations by reference in this Section are of the cited standards as they existed on the date specified. These incorporations include no later editions or amendments.

c) Modifications to the IECC

Under Section 55 of the EEB Act, when applying the Illinois Commercial Stretch Energy Code to privately funded commercial facilities, CDB may modify the incorporated standards to meet objectives outlined in the EEB Act. Modifications, additions or omissions to the IECC Final Draft are specified in Appendix B and are rules of the CDB and are not requirements of the IECC.

History

• Source: Added at 48 Ill. Reg. 14276, effective January 1, 2025

Part 600 Illinois Energy Conservation Code

71 Ill. Adm. Code 600.310 Exemptions

a) The following buildings are exempt from the Code:

1. Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space;

2. Buildings that do not use either electricity or fossil fuel for comfort conditioning;

3. Historic buildings listed on the National Register of Historic Places or the Illinois Register of Historic Places, and those buildings that are designated by authorized personnel as historically significant;

4. Other buildings specified as exempt by the IECC.

b) For the purposes of determining whether an exemption authorized under subsection (a)(2) applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating. [20 ILCS 3125/20]

History

• Source: Amended at 43 Ill. Reg. 8707, effective August 5, 2019

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.320 Local Jurisdiction

a) Construction projects involving privately funded commercial facilities and for which a municipality or county requires a building permit must comply with the Illinois Energy Conservation Code or the Illinois Stretch Energy Code if adopted by the municipality if the project involves new construction, addition, alteration, renovation or repair. In the case of any addition, alteration, renovation or repair to an existing commercial structure, the Code as described by this Subpart C applies only to the portions of that structure that are being added, altered, renovated or repaired. [20 ILCS 3125/20(a)]

b) The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Energy Conservation Code and/or the Illinois Commercial Stretch Energy Code. The AHJ is authorized to enforce an energy code that differs with the Illinois Energy Conservation Code or the Illinois Commercial Stretch Energy Code as described in this Subpart C, but any standards applied by an AHJ must be at least as stringent as the Code as described in this Subpart C.

c) A unit of local government that does not regulate energy efficient building standards is not required to adopt, enforce or administer the Code; however, any energy efficient building standards adopted by a unit of local government must comply with the Act. If a unit of local government does not regulate energy efficient building standards, any construction, renovation or addition to buildings or structures is still subject to the provisions contained in the Act. [20 ILCS 3125/20(d)]

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.330 Compliance

a) Compliance with the Illinois Energy Conservation Code as described by this Subpart C (applicable to commercial facilities) shall be determined by the local authority having jurisdiction (AHJ). Minimum compliance shall be demonstrated by submission of one of the following:

1. The compliance forms published in the ASHRAE 90.1 User's Manual; or

2. Compliance Certificates generated by the U.S. Department of Energy's COMcheck code compliance tool; or

3. Other comparable compliance materials that meet or exceed, as determined by the authority having jurisdiction, the compliance forms published in the ASHRAE 90.1 User's Manual or the U.S. Department of Energy's COMcheck code compliance tool; or

4. The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325]; or

5. Compliance materials required by C407 Simulated Building Performance or C410 Passive Building Compliance Option when those respective compliance paths are utilized.

b) Compliance with the Illinois Commercial Stretch Energy Code as described by this Subpart C (applicable to commercial facilities) shall be determined by the local authority having jurisdiction (AHJ). Minimum compliance shall be demonstrated by submission of one of the following:

1. Buildings certified in compliance with Passive House Institute (PHI) or Passive House Institute U.S. (PHIUS) programs; or

2. Compliance Certificates generated by the U.S. Department of Energy's COMcheck code compliance tool; or

3. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code; or

4. The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

History

• Source: Amended at 49 Ill. Reg. 15562, effective November 30, 2025

Chapter I Capital Development Board

Subchapter d Energy Codes

Part 600 Illinois Energy Conservation Code

71 Ill. Adm. Code 600.340 Application to Home Rule Units

Section 45(d) of the EEB Act is a denial and limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. Nothing in Section 45(d) of the EEB Act, however, prevents a unit of local government from adopting an energy efficiency code or standards for commercial buildings that are more stringent than the Code under the EEB Act. [20 ILCS 3125/45(d)]

History

• Source: Amended at 47 Ill. Reg. 17974, effective November 27, 2023

71 Ill. Adm. Code 600.400 Illinois Energy Conservation Code

a) The 2024 IECC, including published errata but excluding published supplements (published May 2024), available from the International Code Council at 200 Massachusetts Ave, NW Suite 250, Washington, DC 20001, phone: 1-888-ICC-SAFE (422-7233), www.iccsafe.org, is hereby incorporated into the Illinois Energy Conservation Code, as described in this Subpart as applicable to residential buildings, with the modifications outlined in subsection (c).

b) All incorporations by reference in this Section are of the cited standards as they existed on the date specified. These incorporations include no later editions or amendments.

c) Modifications to IECC

Under Section 15 of the EEB Act, when applying the Illinois Energy Conservation Code to residential buildings, CDB may modify the incorporated standards to respond to the unique economy, population distribution, geography and climate of Illinois, as long as the objectives of the Act are maintained pursuant to that statutory authority. Modifications, additions or omissions to IECC are specified in Appendix A and are rules of the CDB and are not requirements of the IECC.

History

• Source: Amended at 49 Ill. Reg. 15562, effective November 30, 2025

Chapter I Capital Development Board

Subchapter d Energy Codes

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.405 Illinois Residential Stretch Energy Code

a) The 2021 IECC, including published errata but excluding published supplements available from the International Code Council at 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, phone: 1-888-ICC-SAFE (422-7233), www.iccsafe.org, is hereby incorporated into the Illinois Residential Stretch Energy Code, as described in this Subpart as applicable to residential buildings, with modifications outlined in subsection (c).

b) All incorporations by reference in this Section are of the cited standards as they existed on the date specified. These incorporations include no later editions or amendments.

c) Modifications to the IECC

Under Section 55 of the EEB Act, when applying the Residential Stretch Energy Code to privately funded residential buildings, CDB may modify the incorporated standards to meet objectives outlined in the EEB Act. Modifications, additions or omissions to the IECC are specified in Appendix C and are rules of the CDB and are not requirements of the IECC.

History

• Source: Added at 48 Ill. Reg. 14276, effective January 1, 2025

Part 600 Illinois Energy Conservation Code

71 Ill. Adm. Code 600.410 Exemptions

a) The following buildings are exempt from the Code:

1. Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space;

2. Buildings that do not use either electricity or fossil fuel for comfort conditioning;

3. Historic buildings listed on the National Register of Historic Places or the Illinois Register of Historic Places, and those buildings that are designated by authorized personnel as historically significant;

4. Other buildings specified as exempt by the IECC. [20 ILCS 3125/20]

b) For the purposes of determining whether an exemption authorized under subsection (a)(2) applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating. [20 ILCS 3125/20(b)(2)]

History

• Source: Added at 34 Ill. Reg. 11398, effective July 26, 2010

Part 600 Illinois Energy Codes

71 Ill. Adm. Code 600.420 Local Jurisdiction

a) Construction projects involving residential buildings and for which a municipality or county requires a building permit must comply with the Illinois Energy Conservation Code or the Illinois Residential Stretch Energy Code if adopted by the municipality if the project involves new construction, addition, alteration, renovation or repair. In the case of any addition, alteration, renovation or repair to an existing residential structure, the Code as described by this Subpart D applies only to the portions of that structure that are being added, altered, renovated or repaired. [20 ILCS 3125/20(a)]

b) The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Code.

c) A unit of local government that does not regulate energy efficient building standards is not required to adopt, enforce or administer the Code; however, any energy efficient building standards adopted by a unit of local government must comply with the Act. If a unit of local government does not regulate energy efficient building standards, any construction, renovation or addition to buildings or structures is still subject to the provisions contained in the Act. [20 ILCS 3125/20(d)].

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.430 Compliance

a) Compliance with the Illinois Energy Conservation Code as described by this Subpart D (applicable to residential buildings) shall be determined by the local AHJ. Minimum compliance shall be demonstrated by submission of one of the following:

1. Compliance Certificates generated by the U.S. Department of Energy's REScheck code compliance tool; or

2. Other comparable compliance materials that meet or exceed, as determined by the AHJ, U.S. Department of Energy's REScheck code compliance tool; or

3. The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

b) Compliance with the Illinois Residential Stretch Energy Code as described by this Subpart D (applicable to residential buildings) shall be determined by the local AHJ. Minimum compliance shall be demonstrated by submission of one of the following:

1. Buildings certified in compliance with Passive House Institute (PHI) or Passive House Institute U.S. (PHIUS) programs; or

2. Compliance Certificates generated by the U.S. Department of Energy's REScheck code compliance tool; or

3. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this Code; or

4. The seal of the architect/engineer as required by Section 14 of the Illinois Architecture Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.440 Application to Home Rule Units

a) No unit of local government, including any home rule unit, may regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards established in this Subpart D.

b) The following entities may regulate energy efficient building standards for residential or commercial buildings in a manner that is more stringent than the provisions contained in this Subpart D:

1. A unit of local government, including a home rule unit, that has, on or before May 15, 2009, adopted or incorporated by reference energy efficient building standards for residential or commercial buildings that are equivalent to or more stringent than the 2006 IECC.

2. A unit of local government, including a home rule unit, that has, on or before May 15, 2009, provided to the Capital Development Board, as required by Section 10.18 of the Capital Development Board Act [20 ILCS 3105], an identification of an energy efficient building code or amendment that is equivalent to or more stringent than the 2006 IECC.

3. A municipality with a population of 1,000,000 or more; and

4. A municipality that has adopted the Illinois Stretch Energy Code [20 ILCS 3125/45(b)].

c) No unit of local government, including any home rule unit or unit of local government that is subject to State regulation under the Code as provided in Section 15 of the EEB may enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes energy efficient building standards for residential or commercial buildings that are either less or more stringent than the energy efficiency standards in effect, at the time of construction, throughout the unit of local government, except for the Illinois Stretch Energy Code. [20 ILCS 3125/45(c)]

History

• Source: Amended at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.APPENDIX A Illinois Energy Conservation Code Amendments to the 2024 International Energy Conservation Code

The following Code sections shall be referenced in place of the corresponding 2024 IECC sections.

CHAPTER 1 [CE]

SCOPE AND ADMINISTRATION

SECTION C101

SCOPE AND GENERAL REQUIREMENTS

C101.1 Title. This Code shall be known as the 2024 Illinois Energy Conservation Code or Code and shall mean:

With respect to the privately funded commercial facilities covered by 71 Ill. Adm. Code 600.Subpart C:

This Part, all additional requirements incorporated within Subpart C (including the 2024 International Energy Conservation Code, including all published errata and excluding published supplements that encompass ASHRAE 90.1-2022), and any statutorily authorized adaptations to the incorporated standards adopted by CDB, are effective November 30, 2025.

C101.1.1 Adoption. The Board shall adopt amendments to this Code within 12 months after publication of the 2024 International Energy Conservation Code. Any such update in this Code shall take effect within 6 months after it is adopted by the Board and shall apply to any new building or structure in this State for which a building permit application is received by a municipality or county, except as otherwise provided by the EEB Act.

C101.1.2 Adaptation. The Board may appropriately adapt the International Energy Conservation Code to apply to the particular economy, population distribution, geography and climate of the State and construction within the State, consistent with the public policy objectives of the EEB Act.

C101.4 Compliance. Commercial buildings shall meet the provisions of the Illinois Energy Conservation Code covered by 71 Ill. Adm. Code 600.Subpart C. The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Energy Conservation Code. Minimum compliance shall be demonstrated by submission of:

1. Compliance forms published in the ASHRAE 90.1 User's Manual; or

2. Compliance Certificates generated by the U.S. Department of Energy's COMcheckTM Code compliance tool; or

3. Other comparable compliance materials that meet or exceed, as determined by the AHJ, the compliance forms published in the ASHRAE 90.1 User's Manual or the U.S. Department of Energy's COMcheckTM code compliance tool; or

4. The seal of the architect/engineer as required by Section 14 of the Illinois Architectural Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

5. Compliance materials required by C407 Simulated Building Performance or C410 Passive Building Compliance Option when those respective compliance paths are utilized.

C104.1.1 Above code programs. No unit of local government, including any home rule unit, may apply energy efficient building standards to privately funded commercial facilities in a manner that is less stringent than this Code as described in 71 Ill. Adm. Code 600.Subpart C. However, nothing in the EEB Act or Subpart C prevents a unit of local government from adopting an energy efficiency code or standards that are more stringent than this Code. The requirements identified in Table C407.2(1) shall be met.

C105.2.2 Electrification system. The construction documents shall provide details for additional electric infrastructure, including branch circuits, raceway capacity, pre-wiring, panel capacity, and electrical service capacity, as well as interior and exterior spaces designated for future electric equipment, in compliance with the provisions of this Code.

SECTION C109

MEANS OF APPEALS

C109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this Code, there may be created a board of appeals. The code official shall be an ex officio member of the board of appeals but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

C109.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this Code.

CHAPTER 2 [CE]

DEFINITIONS

SECTION C202

GENERAL DEFINITIONS

AUTHORITY HAVING JURISDICTION (AHJ). The organization, officer or individual responsible for approving equipment, materials, an installation or procedure.

BOARD. The Illinois Capital Development Board.

COMMERCIAL COOKING APPLIANCES. Commercial cooking appliances used in a commercial food service establishment for heating or cooking food and which produce grease vapors, steam, fumes, smoke or odors that are required to be removed through a local exhaust ventilation system. Such appliances include deep fat fryers, upright broilers, griddles, broilers, steam-jacketed kettles, hot-top ranges, under-fired broilers (charbroilers), ovens, barbecues, rotisseries and similar appliances.

COMMERCIAL CLOTHES DRYING APPLIANCES. Clothes drying appliances meeting the definition of clothes dryer (Type 2) in the 2021 International Fuel Gas Code published by the International Code Council, or tested in accordance with Underwriters Laboratories (UL) 2158-2021 Standard for Safety for Electric Clothes Dryers or UL 1240-2021 Standard for Electric Commercial Clothes-Drying Equipment and installed in a commercial laundry establishment.

COUNCIL. The Illinois Energy Conservation Advisory Council whose purpose is to recommend modifications to the Illinois Energy Conservation Code.

EEB ACT. The Energy Efficient Building Act [20 ILCS 3125].

RESIDENTIAL BUILDING. A detached one-family or two-family dwelling or any building that is three stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory, and a rooming house; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "RESIDENTIAL BUILDING" means a building containing one or more dwelling units, not exceeding four stories above grade, where occupants are primarily permanent. (See 20 ILCS 3125/10.)

CHAPTER 4 [CE]

COMMERCIAL ENERGY EFFICIENCY

SECTION C401-GENERAL

C401.2.3 Passive building compliance option. The passive building compliance option requires compliance with Section C410.

SECTION C402

BUILDING THERMAL ENVELOPE REQUIREMENTS

C402.6.1.2 Air barrier construction. The continuous air barrier shall be constructed to comply with the following:

1. The air barrier shall be continuous for all assemblies that are the thermal envelope of the building and across the joints and assemblies.

2. Air barrier joints and seams shall be sealed, including sealing transitions at joints between dissimilar materials. The joints and seals shall be securely installed in or on the joint for its entire length so as not to dislodge, loosen or otherwise impair its ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation.

3. Penetrations of the air barrier shall be caulked, gasketed or otherwise sealed in a manner compatible with the construction materials and location. Sealings shall allow for expansion, contraction and mechanical vibration. Paths for air leakage from the building to the space between the roof deck and roof covering used as an air barrier shall be caulked, gasketed or otherwise covered with a moisture vapor-permeable material. Joints and seams associated with penetrations shall be sealed in the same manner or taped. Sealing materials shall be securely installed around the penetration so as not to dislodge, loosen or otherwise impair the penetrations' ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation. Sealing of concealed fire sprinklers, where required, shall be in a manner that is recommended by the manufacturer. Caulking or other adhesive sealants shall not be used to fill voids between fire sprinkler cover plates and walls or ceilings.

4. Recessed lighting fixtures shall comply with Section C402.6.1.2.1. Where similar objects are installed that penetrate the air barrier, provisions shall be made to maintain the integrity of the air barrier.

5. Electrical and communication boxes shall comply with Section C402.6.1.2.2.

SECTION C405

ELECTRICAL POWER AND LIGHTING SYSTEMS

C405.4 Horticultural Lighting. Permanently installed luminaires shall have a photosynthetic photon efficacy of not less than 1.7 μmoles per joule (μmol/J) for horticultural lighting in greenhouses and not less than 1.9 μmol/J for all other horticultural lighting. Luminaires for horticultural lighting in greenhouses shall be controlled by a device that automatically turns off the luminaire when sufficient daylight is available. Luminaires for horticultural lighting shall be controlled by a device that automatically turns off the luminaire at specific programmed times.

Exception: The following buildings are exempt:

1. Indoor grow buildings with less than 40kW of connected load for horticultural lighting shall have a PPE of at least 1.7 μmol/J for integrated, nonserviceable luminaires, or a PPE of at least 1.7 μmol/J for lamps in luminaires with removable or serviceable lamps.

2. Cannabis facilities subject to 410 ILCS 705/10-45, the Cannabis Regulation and Tax Act.

SECTION C406

ADDITIONAL EFFICIENCY, RENEWABLE AND LOAD MANAGEMENT REQUIREMENTS

C406.1.1 Additional energy efficiency credit requirements. Buildings shall comply with measures from Section C406.2 to achieve not less than the number of required efficiency credits from Table C406.1.1(1) based on building occupancy group and climate zone. Where a project contains multiple occupancies, the total required energy credits from each building occupancy shall be weighted by the gross conditioned floor area to determine the weighted-average project energy credits required. Accessory occupancies shall be included with the primary occupancy group for the purposes of Section C406.

SECTION C410-PASSIVE BUILDING COMPLIANCE OPTION

C410.1 Phius standard compliance. Compliance based on the Phius CORE 2024 of Phius ZERO 2024 Passive Building Standard (2024 Edition), published by Phius (Passive House Institute US, Inc.), 1807 W Sunnyside Ave., Suite 1G, Chicago, Illinois 60640, must include performance calculations by Phius-approved software or the use of the Phius Prescriptive Path.

C410.1.1 Phius documentation. Prior to the issuance of a building permit, a Phius Design Certification letter must be provided to the code official.

C410.1.2 Project certificate. Prior to the issuance of a certificate of occupancy, a Phius 2024 (or later) final certificate must be provided to the code official.

C410.2 PHI standard compliance. Compliance based on Passive House Planning Package (PHPP), Version 10 (2021 Edition), published by the Passive House Institute (PHI), Rheinstrasse 44/46, 64283 Darmstadt, Germany, shall be shown via Low Energy Building, Classic, Plus, or Premium certification by PHI.

C410.2.1 PHI documentation. Prior to the issuance of a building permit, a signed Design Stage Conditional Assurance Letter from a PHI-accredited Passive House Certifier confirming intent to certify the building must be provided to the code official.

C410.2.2 Project certificate. Prior to the issuance of a certificate of occupancy, a copy of either a Certifiers Assurance Letter by an approved PHI-accredited Certifier or a final PHI Certificate to document compliance with Passive House Standards must be provided to the code official.

CHAPTER 1 [RE]

SCOPE AND ADMINISTRATION

SECTION R101

SCOPE AND GENERAL REQUIREMENTS

R101.1 Title. This Code shall be known as the 2024 Illinois Energy Conservation Code or Code and shall mean:

With respect to the residential buildings covered by 71 Ill. Adm. Code 600.Subpart D:

This Part, all additional requirements incorporated within Subpart D (including the 2024 International Energy Conservation Code, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB are effective November 30, 2025.

R101.1.1 Adoption. The Board shall adopt amendments to this Code within 12 months after publication of the 2024 International Energy Conservation Code. Any such update in this Code shall take effect within 6 months after it is adopted by the Board and shall apply to any new building or structure in this State for which a building permit application is received by a municipality or county, except as otherwise provided by the EEB Act.

R101.1.2 Adaptation. The Board may appropriately adapt the International Energy Conservation Code to apply to the particular economy, population distribution, geography and climate of the State and construction within the State, consistent with the public policy objectives of the EEB Act.

R101.4 Compliance. Residential buildings shall meet the provisions of the Illinois Energy Conservation Code covered by 71 Ill. Adm. Code 600.Subpart D. The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Energy Conservation Code. Minimum compliance shall be demonstrated by submission of:

1. Compliance Certificates generated by the U.S. Department of Energy's REScheckTM Code compliance tool; or

2. Other comparable compliance materials that meet or exceed, as determined by the AHJ, U.S. Department of Energy's REScheckTM Code compliance tool; or

3. The seal of the architect/engineer as required by Section 14 of the Illinois Architectural Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325].

SECTION R104

ALTERNATIVE MATERIALS, DESIGN AND METHODS

OF CONSTRUCTION AND EQUIPMENT

R104.1.1 Above code programs. No unit of local government, including any home rule unit, may regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards established pursuant to this Code. Buildings shall be considered to be in compliance with this code where such buildings also meet the requirements identified in Table R405.2 and the proposed total building thermal envelope conductance (TC) shall be less than or equal to the total building thermal envelope TC using the prescriptive U-factors and F-factors from Table R402.1.2 multiplied by 1.15 in Climate Zones 4 and 5 (see Table C301.1), in accordance with Equation 1-1.

Equation 1-1: For Climate Zones 3-8: TCProposed Design < 1.15 x TCPrescriptive reference design

However, the following entities may regulate energy efficient building standards for residential buildings in a manner that is more stringent than the provisions contained in this Code in accordance with 20 ILCS 3125/45:

1. A unit of local government, including a home rule unit, that has, on or before May 15, 2009, adopted or incorporated by reference energy efficient building standards for residential buildings that are equivalent to or more stringent than the 2006 International Energy Conservation Code.

2. A unit of local government, including a home rule unit, that has, on or before May 15, 2009, provided to the Capital Development Board, as required by Section 10.18 of the Capital Development Board Act, an identification of an energy efficient building code or amendment that is equivalent to or more stringent than the 2006 International Energy Conservation Code.

3. A municipality with a population of 1,000,000 or more.

4. A municipality that has adopted the Illinois Stretch Energy Code.

SECTION R109

MEANS OF APPEALS

R109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this Code, there may be created a board of appeals within each jurisdiction. The code official shall be an ex officio member of the board of appeals but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

R109.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this Code.

CHAPTER 2 [RE]

DEFINITIONS

SECTION R202

GENERAL DEFINITIONS

AUTHORITY HAVING JURISDICTION (AHJ). The organization, officer or individual responsible for approving equipment, materials, an installation or procedure.

BOARD. The Illinois Capital Development Board.

COUNCIL. The Illinois Energy Conservation Advisory Council whose purpose is to recommend modifications to the Illinois Energy Conservation Code.

EEB ACT. The Energy Efficient Building Act [20 ILCS 3125].

LOCAL EXHAUST. An exhaust system that uses one or more fans to exhaust air from a specific room or rooms within a dwelling.

RESIDENTIAL BUILDING. A detached one-family or two-family dwelling or any building that is three stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory and a rooming house; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "residential building" means a building containing one or more dwelling units, not exceeding four stories above grade, where occupants are primarily permanent.

CHAPTER 4 [RE]

RESIDENTIAL ENERGY EFFICIENCY

SECTION R401

GENERAL

Replace section R401.2.4 with the following:

R401.2.4 Passive building compliance option. The Passive building compliance option requires compliance with Section R409.

SECTION R402

BUILDING THERMAL ENVELOPE

R402.2.1 Roof/ceilings with attics. Where Section R402.1.3 requires R-49 insulation in the ceiling or attic, installing R-38 over 100 percent of the ceiling or attic area requiring insulation shall satisfy the requirement for R-49 insulation wherever the full height of uncompressed R-38 insulation extends over the wall top plate at the eaves. This reduction shall not apply to the insulation and fenestration criteria in Section R402.1.2 and the component performance alternative in Section R402.1.5.

R402.2.2 Roof/ceilings without attics. When Section R402.1.3 requires insulation R-values greater than R-30 in the interstitial space above a ceiling and below the structural roof deck, and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation R-value for those roof/ceiling assemblies shall be R-30. Insulation shall extend over the top of the wall plate to the outer edge of the plate and shall not be compressed. This reduction of insulation from the requirements of Section R402.1.3 shall be limited to 500 square feet (46 m2) or 20 percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the component performance alternative in Section R402.1.5.

R402.2.9.1 Basement wall insulation installation. Where basement walls are insulated, the insulation shall be installed from the top of the basement wall down to 10 feet (3048 mm) below grade or to within 6 inches (152 mm) of the basement floor, whichever is less.

SECTION R403

SYSTEMS

R403.3 Duct systems. Duct systems shall be insulated, sealed, tested and installed in accordance with Sections R403.3.1 through R403.3.9. Where required by the code official, duct testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official.

SECTION R408

ADDITIONAL EFFICIENCY PACKAGE OPTIONS

Revise the following rows in Table R408.2:

Measure Number

Measure Description

Climate Zone 4 Except Marine

Climate Zone 5

R408.2.2 (15)

High-performance gas heat pump space heating system. (Option 1)

9

11

R408.2.2 (16)

High-performance gas heat pump space heating system. (Option 2)

11

14

R408.2.2 (10)b

High Performance Electric Heat pump with electric resistance backup (Option 1)

12

NA

R408.2.2 (14)b

High Performance Electric Heat pump with electric resistance backup (Option 2)

12

12

Add subparagraphs 15 and 16 to R408.2.2:

15. Greater than or equal to 120 Annual Fuel Utilization Efficiency (AFUE) gas heat pump space heating system (Option 1). The gas heat pump space heating system shall not be configured to provide cooling.

16. Greater than or equal to 140 AFUE gas heat pump space heating system (Option 2). The gas heat pump space heating system shall not be configured to provide cooling.

Remove section R408.2.9 Opaque walls.

SECTION R409

PASSIVE BUILDING COMPLIANCE OPTION

R409.1 Phius standard compliance. Compliance based on the Phius CORE 2024 of Phius ZERO 2024 (or later) Standard will include performance calculations by Phius-approved software or the use of the Phius Prescriptive Path.

R409.1.1 Phius documentation. Prior to the issuance of a building permit, a Phius Design Certification letter must be provided to the code official.

R409.1.2 Project certificate. Prior to the issuance of a certificate of occupancy, a Phius 2024 (or later) Final certificate must be provided to the code official.

R409.2 PHI standard compliance. Compliance based on Passive House Planning Package (PHPP), Version 10 (2021 Edition), publilshed by the Passive House Institute (PHI), Reinstrasse 44/46, 64282 Darmstadt, Germany, shall be shown via Low Energy Building, Classic, Plus, or Premium certification by PHI.

R409.2.1 PHI documentation. Prior to the issuance of a building permit, a signed Design Stage Conditional Assurance Letter from a PHI-accredited Passive House Certifier confirming intent to certify the building must be provided to the code official.

R409.2.2 Project certificate. Prior to the issuance of a certificate of occupancy, a copy of either a Certifiers Assurance Letter by an approved PHI-accredited Certifier or a final PHI Certificate to document compliance with Passive House Standards must be provided to the code official.

SECTION R503

ALTERATIONS

R503.1.1.2 Roof replacement. Insulation shall comply with Section R402.1. Alternatively, where limiting conditions prevent compliance with Section R402.1, an approved design that minimizes deviation from Section R402.1 shall be provided for the following alterations:

History

• Source: Amended at 49 Ill. Reg. 15562, effective November 30, 2025

71 Ill. Adm. Code 600.APPENDIX B Illinois Commercial Stretch Energy Code Amendments to the 2024 International Energy Conservation Code Final Draft

The following Code sections shall be referenced in place of the corresponding 2024 IECC Final Draft sections.

CHAPTER 1 [CE] SCOPE AND ADMINISTRATION

User note:

About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1 − Scope and Application and Part 2 − Administration and Enforcement. Section C101, identifies what buildings, systems, appliances and equipment fall under its purview and references other I-Codes as applicable. Standards and codes are scoped to the extent referenced.

The code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner.

PART 1 − SCOPE AND APPLICATION

SECTION C101

SCOPE AND GENERAL REQUIREMENTS

C101.1 Title. This code shall be known as the 2023 Illinois Commercial Stretch Energy Code and shall mean:

With respect to the State facilities covered by 71 Ill. Adm. Code 600.Subpart B:

This Part, all additional requirements incorporated within Subpart B (including the 2024 International Energy Conservation Code Final Draft Commercial Provisions, including all published errata but excluding published supplements that encompass ASHRAE 90.1-2022), and any statutorily authorized adaptations to the incorporated standards adopted by CDB are effective 7/1/24.

With respect to the privately funded commercial facilities covered by 71 Ill. Adm. Code 600.Subpart C:

This Part, all additional requirements incorporated within Subpart C (including the 2024 International Energy Conservation Code Final Draft Commercial Provisions, including all published errata and excluding published supplements that encompass ASHRAE 90.1-2022), and any statutorily authorized adaptations to the incorporated standards adopted by CDB is effective upon adoption by a Municipality and takes the place of the Illinois Energy Conservation Code with respect to commercial buildings.

No unit of local government, including any home rule unit, may regulate energy efficient building standards for commercial buildings in a manner that is less stringent than the standards established pursuant to this Illinois Commercial Stretch Energy Code.

C101.1.1 Adoption. The Board shall adopt amendments to this Code and include site energy index standards as established in the Energy Efficient Building Act [20 ILCS 3125/55] as follows:

By June 30, 2024 with a site energy index no greater than .60 of the 2006 IECC;

By December 31, 2025 with a site energy index no greater than .50 of the 2006 IECC;

By December 31, 2028 with a site energy index no greater than .44 of the 2006 IECC;

By December 31, 2031 with a site energy index no greater than .39 of the 2006 IECC.

C101.2 Scope. This code applies to the design and construction of buildings not covered by the scope of the IECC – Residential Provisions.

C101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

C101.3 Intent. The International Energy Conservation Code − Commercial Provisions provide market-driven, enforceable requirements for the design and construction of commercial buildings, providing minimum efficiency requirements for buildings that result in the maximum level of energy efficiency that is safe, technologically feasible, and life cycle cost effective, considering economic feasibility, including potential costs and savings for consumers and building owners, and return on investment. Additionally, the code provides jurisdictions with supplemental requirements, including ASHRAE 90.1, and optional requirements that lead to achievement of zero energy buildings, presently, and through glidepaths that achieve zero energy buildings by 2030 and on additional timelines sought by governments, and achievement of additional policy goals as identified by the Energy and Carbon Advisory Council and approved by the Board of Directors. Requirements contained in the code will include, but not be limited to, prescriptive- and performance-based pathways. The code may include non-mandatory appendices incorporating additional energy efficiency and greenhouse gas reduction resources developed by the Code Council and others. The code will aim to simplify code requirements to facilitate the code's use and compliance rate. The code is updated on a three-year cycle with each subsequent edition providing increased energy savings over the prior edition. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this intent. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.

C101.4 Compliance. Commercial buildings shall meet the provisions of the Illinois Commercial Stretch Energy Code covered by 71 Ill. Adm. Code 600 Subpart C. The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Commercial Stretch Energy Code. Minimum compliance shall be demonstrated by submission of:

C101.4.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code; or

C101.4.2 Professional seals. The seal of the architect/engineer as required by Section 14 of the Illinois Architectural Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325]; or

C101.4.3 COMcheck.TM Compliance Certificates generated by the U.S. Department of Energy's COMcheckTM Code compliance tool.

SECTION C102

APPLICABILITY

C102.1 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

C102.1.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of Illinois Commercial Stretch Energy Code or the Illinois Residential Stretch Energy Code.

C102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

C102.3 Applications of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

C102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those listed in Chapter 6, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections C102.4.1 and C102.4.2.

C102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

C102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

C102.5 Partial invalidity. If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code.

PART 2 − ADMINISTRATION AND ENFORCEMENT

SECTION C103

ALTERNATIVE MATERIALS, DESIGN AND METHODS OF

CONSTRUCTION AND EQUIPMENT

C103.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner's authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved.

C103.1.1 Above code programs. Buildings certified in compliance with Passive House Institute (PHI) or Passive House Institute U.S. (PHIUS) programs, or buildings that comply with Appendix CC, shall be deemed to meet the requirements of this code where such buildings also meet the requirements identified in Table C407.2(1).

SECTION C104

CODE COMPLIANCE AGENCY

C104.1 Creation of enforcement agency. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the authority having jurisdiction (AHJ). The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

C104.2 Appointment. The authority having jurisdiction (AHJ) shall be appointed by the chief appointing authority of the jurisdiction.

C104.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the authority having jurisdiction (AHJ) shall have the authority to appoint a deputy authority having jurisdiction (AHJ), other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the authority having jurisdiction (AHJ).

SECTION C105

CONSTRUCTION DOCUMENTS

C105.2.2 Electrification system. The construction documents shall provide details for additional electric infrastructure, including branch circuits, conduit, pre-wiring, panel capacity, and electrical service capacity, as well as interior and exterior spaces designated for future electric equipment, in compliance with the provisions of this code.

SECTION C107

INSPECTIONS

C107.2.5 Electrical system. Inspection shall verify lighting system controls, components, meters, and electric infrastructure as required by the code, approved plans and specifications. Where an electrical energy storage system area is required, inspections shall verify space availability and pathways to electrical service.

SECTION C202

GENERAL DEFINITIONS

2024 INTERNATIONAL ENERGY CONSERVATION CODE FINAL DRAFT. The draft version of the 2024 IECC which includes changes from Public Comment Draft #2 and approved proposals from the Committee Action Report.

COMMERCIAL COOKING APPLIANCE. Appliances used in a commercial food service establishment for heating or cooking food. For the purpose of this definition, a commercial food service establishment is where food is regularly prepared for sale or is prepared on a scale that is by volume and frequency not representative of domestic household cooking.

ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). An automobile parking space provided with electrical infrastructure including raceway or cable assemblies, electrical capacity, and electrical distribution equipment space, necessary for connection to an EVSE.

REPLACEMENT COST. The cost to construct or replace an entire building with equal quality, construction type, and square footage, at current construction market labor and material rates.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or is more than 50% of the market value replacement cost of the structure before the improvement or repair is started. Where the structure has sustained substantial damage, as defined in the International Building Code, any repairs are considered substantial improvement regardless of the actual repair work performed. Substantial improvement does not include the following:

1. Improvement of a building ordered by the code official to correct health, sanitary or safety code violations and that are the minimum necessary to assure safe living conditions.

2. Alteration of a historic building where the alteration will not affect the designation as a historic structure.

SECTION C401

GENERAL

C401.2 Application. Commercial buildings shall comply with Section C401.2.1 or C401.2.2.

C401.2.1 Commercial buildings shall comply with one of the following:

1. Prescriptive Compliance. The Prescriptive Compliance option requires compliance with Sections C402 through C406 and Section C408. Dwelling units and sleeping units in Group R-2 buildings shall be deemed to be in compliance with this chapter, provided that they comply with Section R406.

2. Simulated Building Performance. The Simulated Building Performance option requires compliance with Section C407.

Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5.

C401.2.2 ASHRAE 90.1. Commercial buildings shall comply with the requirements of ANSI/ASHRAE/IES 90.1, Appendix CI, and the requirements of the sections indicated within Table C401.2.2.

TABLE C401.2.2 REQUIREMENTS FOR ASHRAE 90.1 COMPLIANCE

SECTIONa

TITLE

New Construction

C405.4

Horticultural lighting

C405.14

Electric Vehicle Power Transfer Infrastructure

C405.16

Electrical energy storage system

C405.18

Electric infrastructure

Additions and Alterations

C502.3.7

Additional energy efficiency credits

C503.3.4

Mechanical system acceptance testing

C503.3.5

Duct testing

C503.3.6

Controls

C503.3.7

System sizing

C503.6

Additional energy efficiency credits

C505.1.3

Additional energy efficiency for changes of occupancy

a Reference to a code section includes all the relative subsections as indicated in the table.

SECTION C402

BUILDING THERMAL ENVELOPE REQUIREMENTS

C402.5.1.3 Fenestration orientation.

The vertical fenestration shall comply with either equation (a) or (b):

a. AW ≤ (AT)/4 and AE ≤ (AT)/4

b. AW × SHGCW ≤ (AT × SHGCC)/5 and AE × SHGCE ≤ (AT × SHGCC)/5

Where:

AW

=

West-oriented vertical fenestration area (oriented within 45 degrees of true west to the south and within 22.5 degrees of true west to the north in the Northern Hemisphere)

AE

=

East-oriented vertical fenestration area (oriented within 45 degrees of true east to the south and within 22.5 degrees of true east to the north in the Northern Hemisphere)

AT

=

Total vertical fenestration area

SHGCC

=

SHGC criteria in Table C402.5

SHGCE

=

SHGC for east-oriented fenestration

SHGCW

=

SHGC for west-oriented fenestration

Exceptions:

1. Buildings with shade on 75% of the east-oriented and west-oriented vertical fenestration areas from permanent projections, existing buildings, existing permanent infrastructure, or topography at 9 a.m. and 3 p.m., respectively, on the summer solstice (June 21).

2. Alterations and additions with no increase in vertical fenestration area.

3. Buildings where the east-oriented and west-oriented vertical fenestration area does not exceed 20% of the gross wall area for each of those façades, and SHGC on those facades is no greater than 90% of the criteria in Table C402.5.

SECTION C405

ELECTRICAL POWER AND LIGHTING SYSTEMS

C405.4 Horticultural lighting. Permanently installed luminaires shall have a photosynthetic photon efficacy of not less than 1.7 μmol/J for horticultural lighting in greenhouses and not less than 2.2 μmol/J for all other horticultural lighting. Luminaires for horticultural lighting in greenhouses shall be controlled by a device that automatically turns off the luminaire when sufficient daylight is available. Luminaires for horticultural lighting shall be controlled by a device that automatically turns off the luminaire at specific programmed times.

Exception: Cannabis facilities subject to 410 ILCS 705/10-45 − the Cannabis Regulation and Tax Act.

C405.14.2 EV Capable spaces. Each EV capable space used to meet the requirements of Section C405.14.1 shall comply with the following:

1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and electrical distribution equipment.

2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with C405.14.5.

3. The electrical distribution equipment to which the raceway or cable assembly connects shall have dedicated overcurrent protection device space and electrical capacity to supply a calculated load in accordance with Section C405.14.5.

4. The enclosure or outlet and the electrical distribution equipment directory shall be marked: "For electric vehicle supply equipment (EVSE)."

C405.14.6 EVSE installation. EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. EVSE shall be accessible in accordance with the 2024 edition of the International Building Code Section 1107.

C405.16 Electrical energy storage system. Buildings shall comply with Section C405.16.1 or Section C405.16.2. Buildings shall comply with Section C405.16.3.

C405.16.1 Electrical energy storage system (ESS) capacity. Each building shall have one or more ESS with a total rated energy capacity and rated power capacity as follows:

1. ESS rated energy capacity (kWh)≥1.0 x Installed On-site Renewable Electric Energy System Rated Power (kWDC)

2. ESS rated power capacity (kW)≥0.25 x Installed On-Site Renewable Electric Energy System Rated Power (kWDC).

Where installed, DC coupled battery systems shall meet the requirements for rated energy capacity alone.

C405.16.2 Electrical energy storage system ready. Each building shall have one or more reserved ESS-ready areas to accommodate future electrical storage.

C405.16.3 Electrical energy storage installed or ready area. Areas where ESS is installed and ESS-ready areas shall comply with Sections C405.16.3.1 through C405.16.3.4.

C405.16.3.1 ESS installed or ready location. Each ESS installed or ready area shall be located in accordance with either Section 1207 of the 2024 International Fire Code or NFPA 855. For the purposes of locating and designing means of egress, ESS-installed or ready areas shall comply with either i) means of egress requirements for H-Occupancies of the 2024 International Fire Code or ii) Sections 7.2.1.4.2(3) and 7.11 of NFPA 101 (2015).

C405.16.3.2 ESS installed or ready minimum area requirements. Each ESS installed or ready area shall be sized in accordance with the spacing requirements of (i) either Section 1207 of the 2024 edition of the International Fire Code or NFPA 855 and (ii) the UL9540 or UL9540A designated rating of the planned system. Where rated to UL9540A, the area shall be sized in accordance with the manufacturer's instructions.

C405.16.3.3 Electrical distribution equipment. The onsite electrical distribution equipment shall have sufficient capacity, rating, and space to allow installation of overcurrent devices and circuit wiring in accordance with NFPA 70 for actual or future electrical ESS installation complying with the capacity criteria of Section C405.16. 3.4.

C405.16.3.4 ESS installed or ready minimum system capacity. Compliance with ESS-ready requirements in Sections C405.16.3.1 through C405.16.3.3 shall be based on a minimum total energy capacity and minimum rated power capacity as follows:

1. ESS rated energy capacity (kWh) ≥ gross conditioned floor area of the three largest floors (ft2) x 0.0008 kWh/ft2

2. ESS rated power capacity (kWh) ≥ gross conditioned floor area of the three largest floors (ft2) x 0.0002 kWh/ft2

C405.18 Electric infrastructure. New group R-2 occupancies that use fossil fuels for space heating, service water heating, cooking, or clothes drying shall install electric infrastructure in accordance with C405.18.1 through C405.18.5 and Section C105.2.2.

C405.18.1 Space heating. Locations with piping for fossil fuel warm-air furnaces and fossil fuel boilers shall comply with Section C405.18.1.1 or C405.18.1.2, as applicable.

Exception to C405.18.1: Where a branch circuit exists for space cooling equipment with the capacity to serve heat pump space heating equipment sized in accordance with the requirements of Section C403.1.1.

C405.18.1.1 Low-capacity space heating. Locations of fossil fuel warm-air furnaces with capacity less than 225,000 Btu/hr (65.9kW) and boilers with a capacity less than 300,000 Btu/hr (88kW) shall be provided with an individual branch circuit in accordance with all of the following:

1. The branch circuit conductors shall terminate within 6 ft (2 m) of the location of the space heating equipment and shall be in a location with ready access.

2. The branch circuit shall be sized to serve heat pump space heating equipment sized in accordance with the requirements of Section C403.1.1, and

3. The branch circuit overcurrent device and the termination of the branch circuit shall be labeled "For future heat pump space heating equipment".

C405.18.1.2 Other space heating equipment. Locations of fossil fuel space heating equipment not covered under C405.18.1.1 shall be provided with a raceway in accordance with all of the following:

1. The raceway shall be continuous from a branch circuit panel to a junction box located within the same space as the equipment or, where the equipment is located on the exterior of the building, within 3 ft (1m) of the equipment.

2. The junction box, raceway, bus bar in the electric panel and conductors serving the electrical panel shall be sized to serve electric space heating equipment sized to serve the same load as the fossil fuel space heating equipment.

3. The electrical panel shall have sufficient reserved physical space for branch circuit overprotection devices sized to serve electric equipment sized to serve the same load as the fossil fuel space heating appliance,

4. The point of origin and the termination of the raceway shall be labeled “For future heat pump space heating equipment.”

C405.18.2 Water heating. Locations with piping for fossil fuel water heaters shall comply with Section C405.18.2.1 or C405.18.2.2, as applicable.

C405.18.2.1 Low-capacity water heating. Locations of fossil fuel water heaters with an input rating of less than 300,000 Btu/hr (88kW) shall comply with all of the following:

1. An individual 30 ampere, 208/240-volt branch circuit shall be provided and terminate within 6 ft (2 m) of the water heater and shall be in a location with ready access.

2. The branch circuit overcurrent protection device and the termination of the branch circuit shall be labeled "For future electric water heater".

3. The space for containing the future water heater shall have a height of not less than 7 ft (2 m), a width of not less than 3 ft (1 m), a depth of not less than 3ft (1 m) and with a volume of not less than 700 ft3 (20 m3).

Exception to C405.18.2.1: Where the space containing the water heater provides for air circulation sufficient for the operation of a heat pump water heater, the minimum room volume shall not be required.

C405.18.2.2 Other water heating. Locations of fossil fuel water heating equipment not covered by Section C405.18.2.1 shall be provided with a raceway in accordance with all of the following:

1. The raceway shall be continuous from an electric panel to a junction box located within the same space as the equipment or, where the equipment is located on the exterior of the building, within 3 ft (1m) of the equipment.

2. The junction box, raceway, and bus bar in the electric panel and conductors serving the electric panel shall be sized to accommodate electric water heating equipment sized to serve the same load as the fossil fuel water heating equipment.

3. The electric panel shall have sufficient reserved physical space for branch circuit overprotection devices sized to serve electric water heating equipment sized to serve the same load as the fossil fuel water heating equipment.

4. The point of origin and termination of the raceway shall be labeled "For future electric water heating appliance."

C405.18.3 Non-commercial cooking. Locations of fossil fuel ranges, cooktops and ovens that are not commercial cooking appliances shall be provided with a dedicated individual branch circuit in accordance with all of the following:

1. The branch circuit shall be rated for 208/240-volts and not less than 50 amps.

2. The branch circuit shall terminate within 3 ft (1 m) of the appliance and shall be in a location with ready access.

3. The point of origin and termination of the branch circuit shall be labeled "For future electric cooking appliance."

C405.18.4 Clothes drying. Locations with piping for fossil fuel clothes drying equipment shall comply with C405.18.4.1 or C405.18.4.2, as applicable.

C405.18.4.1 Residential drying. Locations of fossil fuel clothes drying appliances serving individual dwellings units shall be provided with a dedicated individual branch circuit in accordance with all of the following:

1. The branch circuit shall be rated for 208/240-volts and not less than 30 amps.

2. The branch circuit shall terminate within 3 ft (1 m) of the appliance and shall be in a location with ready access.

3. The point of origin and termination of the branch circuit shall be labeled "For future electric clothes drying appliance."

C405.18.4.2 Non-residential drying. Locations of fossil fuel clothes drying appliances not covered by Section C405.18.4.1 shall be provided with a raceway in accordance with all of the following:

1. The raceway shall be continuous from an electric panel to a junction box located within the same space as the appliance.

2. The junction box, raceway, electric panel bus bar and conductors serving the electric panel shall be sized to serve electric clothes drying appliances having the same drying capacity as the fossil fuel appliance.

3. The electric panel shall have sufficient reserved physical space for branch circuit overprotection devices sized to serve electric clothes drying appliances sized to serve the same load as the fossil fuel clothes drying appliances.

4. The point of origin and termination of the raceway shall be labeled "For future electric clothes drying appliance".

C405.18.5 Onsite transformers. Enclosed spaces and underground vaults containing onsite electric transformers on the building side of the electric utility meter shall have sufficient space to accommodate transformers sized to serve the additional electric loads identified in C405.18.1, C405.18.2, C405.18.3 and C405.18.4.

SECTION C406

ADDITIONAL EFFICIENCY, RENEWABLE, AND LOAD

MANAGEMENT REQUIREMENTS

C406.1.1 Additional energy efficiency credit requirements. Buildings shall comply with measures from C406.2 to achieve not less than the number of required efficiency credits from Table C406.1.1(1) based on building occupancy group and climate zone including any energy credit adjustments in accordance with C406.1.1.1. Where a project contains multiple occupancies, the total required energy credits from each building occupancy shall be weighted by the gross conditioned floor area to determine the weighted average project energy credits required. Accessory occupancies shall be included with the primary occupancy group for purposes of Section C406.

Exception:

1. Portions of buildings devoted to manufacturing or industrial use.

SECTION C407

SIMULATED BUILDING PERFORMANCE

C407.2 Mandatory requirements. Compliance based on total building performance requires that a proposed design meet all of the following:

1. The requirements of the sections indicated within Table C407.2(1).

2. A site energy use that is less than or equal to the percent of the site energy use (SEUC) of the standard reference design calculated in Equation 4-32. The reduction in site energy use of the proposed design associated with on-site and off-site renewable energy shall not be included in the total site energy use.

PSEUC

=

100 x (0.80 +0.25- ECr/1000) (Equation 4-32)

PSEUC

=

Percentage of site energy use applied to standard reference design

ECr

=

Energy efficiency credits required for the building in accordance with Section C406.1 (do not include load management and renewable credits)

Modify Table C407.2(1) as follows:

TABLE C407.2(1)

REQUIREMENTS FOR SIMULATED BUILDING PERFORMANCE

SECTIONa

TITLE

Envelope

C402.5.1.3

Fenestration Orientation

a. Reference to a code section includes all the relative subsections except as indicated in the table.

Modify Table C407.4.1(1) as follows:

TABLE C407.4.1(1)

SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS

Vertical fenestration other than opaque doors

Area

1. The proposed vertical fenestration area; where the proposed vertical fenestration area is less than 40% of the above-grade wall area.

2. 40% of above grade wall area; where the proposed vertical fenestration area is 40% or more of the above grade wall area 3. Fenestration orientation shall comply with Section C402.5.1.3

As proposed

U-factor: as specified in Table C402.5

As proposed

1. SHGC: as specified in Table C402.5 except that for climates with no requirement (NR) SHGC = 0.40 shall be used.

2. Fenestration SHGC shall comply with Section C402.5.1.3

As proposed

External shading and PF: none

As proposed

SECTION C503

ALTERATIONS

C503.6 Additional credit requirements for alterations. Alterations that are substantial improvements shall comply with measures from Sections C402.5 and C405.18 and meet a site EUI by building type in accordance with ASHRAE Standard 100 Table 7-2a. Replacement cost shall be determined by a registered design professional or approved agency and approved by the code official. Where a project contains multiple occupancies, site EUI requirements shall be weighted by the gross conditioned floor area to determine the weighted average site EUI required. Accessory occupancies, other than Groups F or H, shall be included with the primary occupancy group for the purposes of this section.

Exceptions:

1. Alterations that do not contain conditioned space.

2. Portions of buildings devoted to manufacturing or industrial use.

3. Alterations to buildings where the building after the alteration complies with Section C407.

4. Alterations that are permitted with an addition complying with Section C502.3.7.

5. Group R occupancies that achieve an ERI score of 80 or below without on-site renewable energy included in accordance with RESNET/ICC 301, for each dwelling unit.

SECTION C505

CHANGE OF OCCUPANCY OR USE

C505.1.3 Additional energy efficiency for changes of occupancy. Where a space is converted from one occupancy type to another occupancy type, it shall comply with Section C406.1.1.1.

Exceptions:

1. Alterations complying with Section C503.6.

2. Where no less than 50% of the peak space heating and peak water heating load of the building is served by heat pump equipment.

Appendix CD

The 2030 Glide Path

Remove Section CD101.1 Prescriptive compliance and Table CD101.1 in their entirety.

Appendix CG

All-Electric Commercial Building Provisions

This appendix is removed and is not included in the Illinois Commercial Stretch Energy Code.

Appendix CI

Total Building Performance Pathway

CI101 Scope. This section establishes criteria for buildings that demonstrate compliance using total building performance utilizing site energy in accordance with Section 4.2.1.1 of ANSI/ASHRAE/IESNA 90.1.

CI102 Compliance based on site energy. Buildings shall comply with ANSI/ASHRAE/IESNA 90.1 as modified by this section.

CI102.1 Terms. For the purposes of compliance with this appendix, terminology in ANSI/ASHRAE/IESNA 90.1 shall be modified as follows:

1. Replace references to energy cost with references to site energy in Sections G1.2.2, G1.3.2, G2.1, G2.5 and G2.4.2 section heading.

2. Baseline building performance shall be defined as "the annual site energy cost for a building design intended for use as a baseline for rating above-standard design or when using the Performance Rating Method as an alternative path for minimum standard compliance in accordance with Section 4.2.1.1".

3. Proposed building performance shall be defined as “the annual site energy calculated for a proposed design."

CI102.2 Section 4.2.1.1. Section 4.2.1.1 shall be replaced with the following:

New buildings shall comply with Section 4.2.2 through 4.2.5 and either the provisions of:

a. Sections 5, "Building Envelope"; 6, "Heating, Ventilating, and Air Conditioning"; 7, "Service Water Heating"; 8, "Power"; 9, "Lighting"; 10, "Other Equipment"; and 11, "Additional Efficiency Requirements"; or

b. Normative Appendix G, "Performance Rating Method".

When using Normative Appendix G, the Performance Index (Site Energy) of new buildings, additions to existing buildings, and/or alterations to existing buildings shall be less than or equal to the Performance Index Target (PI t) when calculated in accordance with the following:

PIt = [BBUE + (BPFsite × BBRE)- PRE] / BBP

Where:

PI

=

Performance Index (Site Energy) calculated in accordance with Section G1.2.

BBUE

=

Baseline building unregulated site energy, the portion of the annual site energy of a baseline building design that is due to unregulated energy use.

BBRE

=

baseline building regulated site energy, the portion of the annual site energy cost of a baseline building design that is due to regulated energy use.

BPF

=

building performance factor from Table 4.2.1.1. For building area types not listed in Table 4.2.1.1 use "All others." Where a building has multiple building area types, the required BPF shall be equal to the area-weighted average of the building area types based on their gross floor area. Where a project includes an existing building and an addition, the required BPF shall be equal to the area-weighted average, based on the gross floor area, of the existing building BPF determined as described in Section 4.2.1.3 and the addition BPF from Table 4.2.1.1.

BBP

=

Baseline building performance.

PBP

=

Proposed building performance, including the reduced, annual site energy associated with all on-site renewable energy generation systems.

PBPnre

=

Proposed building performance without any credit for reduced annual energy from on-site renewable energy generation systems.

PBPpre

=

Proposed building performance, excluding any renewable energy system in the proposed design and including an on-site renewable energy system that meets but does not exceed the requirements of Section 10.5.1.1 modeled following the requirements for a budget building design in Table 12.5.1.

PRE

PBPnre – PBPpre

When (PBPpre – PBP)/BBP > 0.05, new buildings, additions to existing buildings, and/or alterations to existing buildings shall comply with the following:

PCSEI + [(PBPnre – PBP)/BBP] – 0.05 < PCSEIt

When (PBPpre – PBP)/BBP > 0.05, new buildings, additions to existing buildings, and/or alterations to existing buildings shall comply with the following:

PCI + [(PBPpre – PBP)/BBP] – 0.05 < PCIt

Informative Notes:

1. PBPnre = proposed building performance, no renewable energy

2. PBPpre = proposed building performance, prescriptive renewable energy

3. PRE = prescriptive renewable energy

CI102.3 Building performance factors. Table 4.2.1.1 Building Performance Factor (BPF) shall be replaced with Table CI102.3.

Table CI102.3 Building Performance Factors (BPF), Site Energy

Building Area Type

Climate Zone

4A

5A

Multifamily

0.61

0.56

Healthcare/hospital

0.62

0.65

Hotel/motel

0.65

0.63

Office

0.47

0.49

Restaurant

0.66

0.69

Retail

0.47

0.52

School

0.42

0.44

Warehouse

0.38

0.46

All others

0.55

0.57

CI102.4 Section G1.2.2. Section G1.2.2 shall be replaced with the following:

The performance of the proposed design is calculated in accordance with provisions of this appendix using the following formula:

Performance Site Energy Index

=

Proposed building performance/Baseline building performance

Both the proposed building performance and the baseline building performance shall include all end-use load components within and associated with the building when calculating the Performance Site Energy Index.

CI102.5 Section G1.3.2. Item a. in Section G1.3.2 shall be replaced as follows, and item r. added as follows:

a. The following documentation shall be submitted to the rating authority: The simulation program used, the version of the simulation program, and the results of the energy analysis including the calculated values for the baseline building unregulated site energy (BBUE), baseline building regulated site energy (BBRE), Building Performance Factor (BPF), baseline building performance, the proposed building performance, Performance Site Energy Index (PCSEI), and Performance Site Energy Index Target (PIt).

p. For any exceptional calculation methods employed, document the predicted energy savings by energy type, the site energy savings, a narrative explaining the exceptional calculation method performed, and theoretical or empirical information supporting the accuracy of the method.

CI102.6 Section G2.4.2. Section G2.4.2 shall be renamed "Annual Site Energy". The informative note for sections G2.4.2 and G2.4.2.2 shall be removed. The first sentence in section G2.4.2. shall be replaced with the following:

The baseline building performance and proposed building performance shall be determined using conversion factors in Table CI103.6

Table CI103.6 Units of Fuel to Site Energy Conversion Factors

Building Project Energy Source

Units

Site energy Btu/unit (W-h/unit)

Electricity

kWh

3,412

Natural Gas

Therm (GJ)

100,000 (277,778)

Propane

Therm (GJ)

100,000 (277,778)

Distillate fuel oil

Gallon (L)

137,600 (10,651)

CI102.7 Section G2.5. Section G2.5, item e shall be replaced with the following:

e. The Performance Site Energy Index calculated with and without the exceptional calculation method.

History

• Source: Added at 48 Ill. Reg. 14276, effective January 1, 2025

71 Ill. Adm. Code 600.APPENDIX C Illinois Residential Stretch Energy Code Amendments to the 2021 International Energy Conservation Code

The following Code sections shall be referenced in place of the corresponding 2021 IECC sections.

PART 1 − SCOPE AND APPLICATION

SECTION R101

SCOPE AND GENERAL REQUIREMENTS

R101.1 Title. This code shall be known as the 2023 Illinois Residential Stretch Energy Code or "this Code" and shall mean:

With respect to the residential buildings covered by 71 Ill Adm Code 600 Subpart D:

This Part, all additional requirements incorporated within Subpart D (including the 2021 International Energy Conservation Code Residential Provisions, including all published errata but excluding published supplements) and any statutorily authorized adaptations to the incorporated standards adopted by CDB is effective upon adoption by a Municipality and takes the place of the Illinois Energy Conservation Code with respect to residential buildings.

No unit of local government, including any home rule unit, may regulate energy efficient building standards for residential buildings in a manner that is less stringent than the standards established pursuant to this Illinois Residential Stretch Energy Code.

R101.1.1 Adoption. The Board shall adopt amendments to this Code and include site energy index standards as established in the Energy Efficient Building Act [20 ILCS 3125/55] as follows:

By June 30, 2024 with a site energy index no greater than .50 of the 2006 IECC;

By December 31, 2025 with a site energy index no greater than .40 of the 2006 IECC;

By December 31, 2028 with a site energy index no greater than .33 of the 2006 IECC;

By December 31, 2031 with a site energy index no greater than .25 of the 2006 IECC.

R101.2 Scope. This code applies to residential buildings, building sites and associated systems and equipment.

R101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

R101.3 Intent. This code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.

R101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

R101.4.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of the Illinois Commercial Stretch Code or the Illinois Residential Stretch Code.

R101.5 Compliance. Residential buildings shall meet the provisions of the Illinois Residential Stretch Code covered by 71 Ill Adm. Code 600 Subpart D. The local authority having jurisdiction (AHJ) shall establish its own procedures for enforcement of the Illinois Residential Stretch Code. Minimum compliance shall be demonstrated by submission of:

R101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code; or

R101.5.2 Professional seals. The seal of the architect/engineer as required by Section 14 of the Illinois Architectural Practice Act [225 ILCS 305], Section 12 of the Structural Engineering Licensing Act [225 ILCS 340] and Section 14 of the Illinois Professional Engineering Practice Act [225 ILCS 325]; or

R101.5.3 REScheck. TM Compliance Certificates generated by the U.S. Department of Energy's REScheckTM Code compliance tool.

SECTION R102

ALTERNATIVE MATERIALS, DESIGN AND

METHODS OF CONSTRUCTION AND EQUIPMENT

R102.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner's authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code for strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved.

R102.1.1 Above code programs. Buildings certified in compliance with the Passive House Institute (PHI) or Passive House Institute U.S. (PHIUS) Passive Building Standards programs or buildings that comply with Appendix RC shall be deemed to meet the requirements with this code where such buildings also meet the requirements identified in Table R405.2 and the building thermal envelope is greater than or equal to levels of efficiency and solar heat gain coefficients (SHGC) in Tables 402.1.2 and 402.1.3.

PART 2 − ADMINISTRATION AND ENFORCEMENT

SECTION R103

SCOPE AND ADMINISTRATION

R103.2 Information on construction documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include the following as applicable:

1. Energy compliance path.

2. Insulation materials and their R-values.

3. Fenestration U-factors and solar heat gain coefficients (SHGC).

4. Area-weighted U-factor and solar heat gain coefficients (SHGC) calculations.

5. Mechanical system design criteria.

6. Mechanical and service water-heating systems and equipment types, sizes and efficiencies.

7. Equipment and system controls.

8. Duct sealing, duct and pipe insulation and location.

9. Air sealing details.

R103.2.1 Building thermal envelope depiction. The building thermal envelope shall be represented on the construction documents.

R103.2.2 Solar-ready system. Where a solar-ready zone is provided, the construction documents shall provide details for dedicated roof area, structural design for roof dead and live load, ground snow load, and routing of conduit or pre-wiring from solar-ready zone to electrical service panel or plumbing from solar-ready zone to service water heating system.

SECTION R105

INSPECTIONS

R105.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official or his or her designated agent, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code.

R105.2 Required inspections. The code official or his or her designated agent, upon notification, shall make the inspections set forth in Sections R105.2.1 through R105.2.5.

R105.2.1 Footing and foundation inspection. Inspections associated with footings and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications.

R105.2.2 Framing and rough-in inspection. Inspections at framing and rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation; air leakage controls as required by the code; and approved plans and specifications.

R105.2.3 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection, and required controls. Where the solar-ready zone is installed for solar water heating, inspections shall verify pathways for routing of plumbing from solar-ready zone to service water heating system.

R105.2.4 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R- value, system air leakage control, programmable thermostats, dampers, whole-house ventilation, and minimum fan efficiency.

Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C105.2.4.

R105.2.5 Electrical rough-in inspection. Inspections at electrical rough-in shall verify compliance as required by the code and the approved plans and specifications as to the locations, distribution, and capacity of the electrical system. Where the solar-ready zone is installed for electricity generation, inspections shall verify conduit or pre-wiring from solar-ready zone to electrical panel.

R105.2.6 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures.

R105.3 Reinspection. A building shall be reinspected where determined necessary by the code official.

R105.4 Approved inspection agencies. The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction,

SECTION R202

GENERAL DEFINITIONS

APPROVED SOURCE. An independent person, firm or corporation, approved by the building official, who is competent and experienced in the application of engineering principles to materials, methods or systems analyses.

AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

DEMAND RESPONSE SIGNAL. A signal that indicates a price or a request to modify electricity consumption for a limited time period.

DEMAND RESPONSIVE CONTROL. A control capable of receiving and automatically responding to a demand response signal.

ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current.

ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and either an outlet, junction box or receptacle, that will support an installed EVSE.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attached plugs, personal protection system and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

GAS HEAT PUMP SPACE HEATING SYSTEM. Gas heat pump space heating systems consist of an outdoor combustion unit and heat exchanger(s) inside the building. The outdoor combustion unit is installed outside the building envelope and uses the heat of combustion to drive a refrigeration cycle that pumps heat into the building. Annual fuel utilization efficiencies (AFUE) greater than 120% and 140% are achieved by pumping the heat of combustion and additional heat from the ambient air into the building. The heat is then distributed indoors via forced air hydronic air handler(s), via floors and other radiant systems, or through combinations of forced air and radiant systems.

RESIDENTIAL BUILDING. A detached one-family or two-family dwelling or any building that is three stories or less in height above grade that contains multiple dwelling units, in which the occupants reside on a primarily permanent basis, such as a townhouse, a row house, an apartment house, a convent, a monastery, a rectory, a fraternity or sorority house, a dormitory, and a rooming house; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "RESIDENTIAL BUILDING" means a building containing one or more dwelling units, not exceeding four (4) stories above grade, where occupants are primarily permanent.

SOLAR-READY ZONE. A section or sections of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system.

SECTION R401

GENERAL

R401.1 Scope. This chapter applies to residential buildings.

R401.2 Application. Residential buildings shall comply with either Sections R401.2.1, R401.2.2, or R401.2.3.

Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5.

R401.2.1 Prescriptive Compliance Option. The Prescriptive Compliance Option requires compliance with Sections R401 through R404 and R408.

R401.2.2 Total Building Performance Option. The Total Building Performance Option requires compliance with Section R405.

R401.2.3 Energy Rating Index Option. The Energy Rating Index (ERI) Option requires compliance with Section R406.

R401.2.4 Tropical Climate Region Option. The Tropical Climate Region Option requires compliance with Section R407.

R401.3 Certificate. A permanent certificate shall be completed by the builder or other approved party and posted on a wall in the space where the furnace is located, a utility room or an approved location inside the building. Where located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certificate shall indicate the following:

1. The predominant R-values of insulation installed in or on ceilings, roofs, walls, foundation components such as slabs, basement walls, crawl space walls and floors and ducts outside conditioned spaces.

2. U-factors of fenestration and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for any component of the building envelope, the certificate shall indicate both the value covering the largest area and the area weighted average value if available.

3. The results from any required duct system and building envelope air leakage testing performed on the building.

4. The types, sizes and efficiencies of heating, cooling and service water-heating equipment. Where a gasfired unvented room heater, electric furnace or baseboard electric heater is installed in the residence, the certificate shall indicate "gas-fired unvented room heater", "electric furnace" or "baseboard electric heater", as appropriate. An efficiency shall not be indicated for gas-fired unvented room heaters, electric furnaces and electric baseboard heaters.

5. Where on-site photovoltaic panel systems have been installed, the array capacity, inverter efficiency, panel tilt and orientation shall be noted on the certificate.

6. For buildings where an Energy Rating Index score is determined in accordance with Section R406, the Energy Rating Index score, both with and without any on-site generation, shall be listed on the certificate.

7. The code edition under which the structure was permitted, and the compliance path used and where applicable, the additional efficiency measures selected for compliance with R408.

SECTION R403

SYSTEMS

R403.1 Controls. Not less than one thermostat shall be provided for each separate heating and cooling system. The primary heating or cooling system serving the dwelling unit shall comply with Sections R403.1.1, R403.1.2, and R403.1.3.

R403.1.1 Programmable thermostat. The thermostat controlling the primary heating or cooling system of the dwelling unit shall be capable of controlling the heating and cooling system on a daily schedule to maintain different temperature set points at different times of day and different days of the week. This thermostat shall include the capability to set back or temporarily operate the system to maintain zone temperatures of not less than 55°F (13°C) to not greater than 85°F (29°C). The thermostat shall be programmed initially by the manufacturer with a heating temperature setpoint of not greater than 70°F (21°C) and a cooling temperature setpoint of not less than 78°F (26°C).

R403.1.2 Heat pump supplementary heat. Heat pumps having supplementary electric-resistance heat shall have controls that, except during defrost, prevent supplemental heat operation when the heat pump compressor can meet the heating load.

R403.1.3 Demand responsive thermostat. The thermostat shall be provided with a demand responsive control capable of communicating with the Virtual End Node (VEN) using a wired or wireless bi-directional communication pathway that provides the homeowner the ability to voluntarily participate in utility demand response programs, where available. The thermostat shall be capable of executing the following actions in response to a demand response signal:

1. Automatically increasing the zone operating cooling set point by the following values: 1°F (0.5°C), 2°F (1°C), 3°F (1.5°C), and 4°F (2°C).

2. Automatically decreasing the zone operating heating set point by the following values: 1°F (0.5°C), 2°F (1°C), 3°F (1.5°C), and 4°F (2°C).

Thermostats controlling single stage HVAC systems shall comply with Section R403.1.2.1. Thermostats controlling variable capacity systems shall comply with Section R403.1.2.2. Thermostats controlling multi-stage HVAC systems shall comply with either Section R403.1.2.1 or R403.1.2.2. Where a demand response signal is not available the thermostat shall be capable of performing all other functions.

Exception: Assisted living facilities.

R403.1.3.1 Single stage HVAC system controls. Thermostats controlling single stage HVAC systems shall be provided with a demand responsive control that complies with one of the following:

1. Certified OpenADR 2.0a VEN, as specified under Clause 11, Conformance.

2. Certified OpenADR 2.0b VEN, as specified under Clause 11, Conformance.

3. Certified by the manufacturer as being capable of responding to a demand response signal from a certified OpenADR 2.0b VEN by automatically implementing the control functions requested by the VEN for the equipment it controls.

4. IEC 62746-10-1.

5. The communication protocol required by a controlling entity, such as a utility or service provider, to participate in an automated demand response program.

6. The physical configuration and communication protocol of CTA 2045-A or CTA-2045-B.

R403.1.3.2 Variable capacity and two stage HVAC system controls. Thermostats controlling variable capacity and two stage HVAC system shall be provided with a demand responsive control that complies with the communication and performance requirements of AHRI 1380.

R403.5.4 Demand responsive water heating. Electric storage water heaters with a rated water storage volume of 40 gallons (150L) to 120 gallons (450L) and a nameplate input rating equal to or less than 12kW shall be provided with demand responsive controls in accordance with Table R403.5.4 or another equivalent approved standard.

Exceptions:

1. Water heaters that are capable of delivering water at a temperature of 180°F (82°C) or greater.

2. Water heaters that comply with Section IV, Part HLW or Section X of the ASME Boiler and Pressure Vessel Code.

3. Water heaters that use 3-phase electric power

TABLE R403.5.4

DEMAND RESPONSIVE CONTROLS FOR WATER HEATING

Equipment Type

Controls

Manufactured Before 7/1/2025

Manufactured On or After 7/1/2025

Electric storage water heaters

AHRI Standard 1430-2022 (I-P) or ANSI/CTA-2045-B Level 1 and also capable of initiating water heating to meet the temperature set point in response to a demand response signal.

AHRI Standard 1430-2022 (I-P)

SECTION R404

ELECTRICAL POWER AND LIGHTING SYSTEMS

R404.4 Electric vehicle power transfer infrastructure. New automobile parking spaces for one- and two-family dwellings and townhouses shall be provided in accordance with this section. All other new residential parking facilities shall be provided with electric vehicle power transfer infrastructure in accordance with Section C405.14 of the Illinois Commercial Stretch Energy Code.

R404.4.1 Quantity. Each dwelling unit with a designated attached or detached garage or other onsite private parking provided adjacent to the dwelling unit shall be provided with one EV ready space.

R404.4.2 EV ready spaces. Each branch circuit serving EV ready spaces used to comply with Section R404.4 shall comply with all of the following:

1. Terminate at an outlet or enclosure located within 3 feet (914 mm) of each EV ready space it serves.

2. Be sized for a minimum EV charging load of 7.2 kVA.

3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)".

4. Where a circuit is shared or managed, it shall be in accordance with NFPA 70.

R404.5 Electric readiness. Systems using fossil fuel: water heaters, household clothes dryers, conventional cooking tops, conventional ovens and space heating equipment shall comply with the requirements of Sections R404.5.1 through R404.5.5

R404.5.1 Cooking products. An individual branch circuit outlet with a rating not less than 240-volts, 40-amperes shall be installed, and terminate within three feet of conventional cooking tops, conventional ovens or cooking products combining both.

Exception: Cooking products not installed in an individual dwelling unit.

R404.5.2 Household clothes dryers. An individual branch circuit outlet with a rating not less than 240-volts, 30-amperes shall be installed, and terminate within three feet (304 mm) of each household clothes dryer.

Exception: Clothes dryers that serve more than one dwelling unit and are located outside of a dwelling unit.

R404.5.3 Water heaters. Locations of fossil fuel water heaters shall comply with all of the following:

1. An individual branch circuit outlet with a rating not less than either 240-volts, 30-amperes shall be installed, and terminate within three feet (304 mm) of each fossil fuel water heater.

2. The space for containing the future water heater shall have a height of not less than 7 ft (2 m), a width of not less than 3 ft (1 m), a depth of not less than 3ft (1 m) and with a volume of not less than 700 ft3 (20 m3).

Exceptions:

1. Water heaters in a centralized water heating system serving multiple dwelling units in an R-2 occupancy which comply with Section C405.17.

2. Where the space containing the water heater provides for air circulation sufficient for the operation of a heat pump water heater, the minimum room volume shall not be required.

R404.5.4 Combustion space heating. A designated exterior location(s) in accordance with the following:

1. Natural drainage for condensate from cooling equipment heat pump operation or a condensate drain located within 3 feet (914 mm), and

2. A dedicated branch circuit in compliance with IRC Section E3702.11 based on heat pump space heating equipment sized in accordance with R403.7 and terminating within 3 feet (914 mm) of the location with no obstructions. Both ends of the branch circuit shall be labeled "For Future Heat Pump Space Heater."

R404.5.5 Electrification-ready circuits. The unused conductors required by Sections R404.5.1 through R404.5.4 shall be labeled with the word "spare." Space shall be reserved in the electrical panel in which the branch circuit originates for the installation of an overcurrent device. Capacity for the circuits required by Sections R404.5.1 through R404.5.4 shall be included in the load calculations of the original installation.

R404.6 Renewable energy infrastructure. The building shall comply with the requirements of R404.6.1 or R404.6.2.

R404.6.1 One- and two- family dwellings and townhouses. One- and two-family dwellings and townhouses shall comply with Sections R404.6.1.1 through R404.6.1.4.

Exceptions:

1. A dwelling unit with a permanently installed on-site renewable energy system.

2. A dwelling unit with a solar-ready zone area that is less than 500 square feet (46 m2) of roof area oriented between 110 degrees and 270 degrees of true north.

3. A dwelling unit with less than 500 square feet (46m2) of roof area oriented between 110 degrees and 270 degrees of true north.

4. Dwelling units where 50% of the solar-ready area is shaded from direct-beam sunlight by natural objects or by structures that are not part of the building for more than 2500 annual hours between 8:00 a.m. and 4:00 p.m.

R404.6.1.1 Solar-ready zone area. The total area of the solar-ready zone shall not be less than 250 square feet (23.2 m2) and shall be composed of areas not less than 5.5 feet (1676 mm) in one direction and not less than 80 square feet (7.4 m2) exclusive of access or set back areas as required by the International Residential Code.

Exception: Dwelling units in townhouses three stories or less in height above grade plane and with a total floor area less than or equal to 2,000 square feet (186 m2) per dwelling shall be permitted to have a solar-ready zone area of not less than 150 square feet (14 m2).

R404.6.1.2 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and roof-mounted equipment.

R404.6.1.3 Electrical service reserved space. The main electrical service panel shall have a reserved space for a dual pole circuit breaker and shall be labeled “For Future Solar Electric.” The reserved space shall be at the opposite (load) end of the busbar from the primary energy source.

R404.6.1.4 Electrical interconnection. An electrical junction box shall be installed within 24 inches (610 mm) of the main electrical service panel and shall be connected to a capped roof penetration sleeve or a location in the attic that is within 3 feet (914 mm) of the solar-ready zone by a minimum 1 inch (25 mm) nonflexible metallic conduit or permanently installed wire as approved by the code official. Where the interconnection terminates in the attic, location shall be no less than 12 inches (35 mm) above ceiling insulation. Both ends of the interconnection shall be labeled "For Future Solar Electric."

R404.6.2 Group R occupancies. Buildings in Group R-2, R-3 and R-4 shall comply with Section C405.15 of the Illinois Commercial Stretch Energy Code.

SECTION R405

TOTAL BUILDING PERFORMANCE

R405.1 Scope. This section establishes criteria for compliance using total building performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and service water-heating energy only.

R405.2 Performance-based compliance. Compliance based on total building performance requires that a proposed design meets all of the following:

1. The requirements of the sections indicated within Table R405.2.

2. The proposed total building thermal envelope UA, which is the sum of the U-factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.10 in accordance with Equation 4-1.

UAProposed design ≤1.10 x UAPrescriptive reference design (Equation 4-1)

The site energy use of the proposed design shall be less than or equal to 71% of the site energy use of the standard reference design.

TABLE R405.2

REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE

SECTIONa

TITLE

General

R401.3

Certificate

Building Thermal Envelope

R402.1.1

Vapor retarder

R402.2.3

Eave baffle

R402.2.4.1

Access hatches and doors

R402.2.10.1

Crawl space wall insulation installations

R402.4.1.1

Installation

R402.4.1.2

Testing

R402.5

Maximum fenestration U-factor and SHGC

Mechanical

R403.1

Controls

R403.3, including R403.3.1, except Sections R403.3.2, R403.3.3 and R403.3.6

Ducts

R403.4

Mechanical system piping insulation

R403.5.1

Heated water circulation and temperature maintenance systems

R403.5.3

Drain water heat recovery units

R403.6

Mechanical ventilation

R403.7

Equipment sizing and efficiency rating

R403.8

Systems serving multiple dwelling units

R403.9

Snow melt and ice systems

R403.10

Energy consumption of pools and spas

R403.11

Portable spas

R403.12

Residential pools and permanent residential spas

Electrical Power and Lighting Systems

R404.1

Lighting equipment

R404.2

Interior lighting controls

R404.4

Electric Vehicle Power Transfer Infrastructure

R404.5

Electric readiness

R404.6

Renewable energy infrastructure

a. Reference to a code section includes all the relative subsections except as indicated in the table.

SECTION R406

ENERGY RATING INDEX COMPLIANCE ALTERNATIVE

R406.1 Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) analysis.

R406.2 ERI compliance. Compliance based on the ERI requires that the rated design meets all of the following:

1. The requirements of the sections indicated within Table R406.2.

2. Maximum ERI of Table R406.5.

TABLE R406.2

REQUIREMENTS FOR ENERGY RATING INDEX

SECTIONa

TITLE

General

R401.3

Certificate

Building Thermal Envelope

R402.1.1

Vapor retarder

R402.2.3

Eave baffle

R402.2.4.1

Access hatches and doors

R402.2.10.1

Crawl space wall insulation installation

R402.4.1.1

Installation

R402.4.1.2

Testing

Mechanical

R403.1

Controls

R403.3 except Sections R403.3.2, R403.3.3 and R403.3.6

Ducts

R403.4

Mechanical system piping insulation

R403.5.1

Heated water calculation and temperature maintenance systems

R403.5.3

Drain water heat recovery units

R403.6

Mechanical ventilation

R403.7

Equipment sizing and efficiency rating

R403.8

Systems serving multiple dwelling units

R403.9

Snow melt and ice systems

R403.10

Energy consumption of pools and spas

R403.11

Portable spas

R403.12

Residential pools and permanent residential spas

Electrical Power and Lighting Systems

R404.1

Lighting equipment

R404.2

Interior lighting controls

R404.4

Electric Vehicle Power Transfer Infrastructure

R404.5

Electric readiness

R404.6

Renewable energy infrastructure

a. Reference to a code section includes all the relative subsections except as indicated in the table.

R406.3 Building thermal envelope. The proposed total building thermal envelope UA, which is sum of U- factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.10 in accordance with Equation 4-2.

UAProposed design < 1.10 × UAPrescriptive reference design

(Equation 4-2)

R406.4 Energy rating index. The Energy Rating Index (ERI) shall be determined in accordance with ANSI/RESNET/ICC 301 The mechanical ventilation rates used for the purpose of determining the ERI shall not be construed to establish minimum ventilation requirements for compliance with this code.

Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design.

R406.5 ERI-based compliance. Compliance based on an ERI analysis requires that the rated proposed design and confirmed built dwelling be shown to have an ERI less than or equal to the appropriate value indicated in Table R406.5 when compared to the ERI reference design.

TABLE R406.5

MAXIMUM ENERGY RATING INDEX

Climate

Zone

Energy Rating Index Without Combustion Equipmenta

Energy Rating Index With Combustion Equipmentb

4

54

51

5

55

50

a. Any building that contains no combustion equipment.

b. Any building that contains combustion equipment.

SECTION R408

ADDITIONAL EFFICIENCY REQUIREMENTS

R408.1 Scope. This section establishes additional efficiency requirements to achieve additional energy efficiency in accordance with Section R401.2.1. Buildings shall comply with either Section R408.2 or Section R408.3

R408.2. Heat pump equipment and air tightness option. Buildings shall comply with all of the following:

1. Heating and cooling equipment shall be electric heat pump equipment. In Climate Zone 5A, air-source heat pumps shall meet the following requirements for cold climate heat pumps:

1.1 COP at 5°F (-15°C) ≥ 1.75

1.2 Percent of heating capacity at 5°F (-15°C) ≥ 70% of that at 47°F (8.34°C)

2. Water heating equipment shall be a heat pump water heater.

3. The measured air leakage shall be less than or equal to 2.0 Air Change per Hour at 50 Pa (ACH50) with either an Energy Recovery Ventilator (ERV) or Heat Recovery Ventilator (HRV) with a sensible heat recovery efficiency (SRE) no less than 70% at 32°F (0°C) at an airflow greater than or equal to design airflow. The SRE shall be determined from a listed value or from interpolation of listed values. Construction documents shall include documentation of the SRE.

R408.3 Additional energy efficiency credit requirements. Additional efficiency measures shall be selected from Table R408.3 that meet or exceed a total of 30 credits. Five additional credits shall be selected for dwelling units with greater than 5,000 square feet (465 m2) of living space floor area located above grade plane. Each measure selected shall meet the relevant subsections of Section R408 and receive credit as specified in Table R408.3 for the specific Climate Zone. Interpolation of credits between measures shall not be permitted.

TABLE R408.3

CREDITS FOR ADDITIONAL ENERGY EFFICIENCY

Measure Number

Measure Description

Credit Value

CZ 4

CZ 5

R408.3.1.1 (1)

≥ 2.5% reduction in total UA

1

1

R408.2.1.1 (2)

≥ 5% reduction in total UA

2

3

R408.3.1.1 (3)

7.5% reduction in total UA

2

3

R408.3.1.2

0.22 U-factor windows

3

4

R408.3.2 (1)

High performance cooling system option 1

3

3

R408.3.2 (2)

High performance cooling system option 2

3

2

R408.3.2 (3)

High performance gas furnace option 1

5

7

R408.3.2(4)

High performance gas furnace option 2

4

5

R408.3.2(5)

High performance electric heat pump system option 1

21

31

R408.3.2 (6)

High performance electric heat pump system option 2

22

32

R408.3.2 (7)

Ground source heat pump

23

33

R408.3.2 (8)

High performance gas heat pump space heating system option 1

8

11

R408.3.2 (9)

High performance gas heat pump space heating system option 2

11

16

R408.3.3 (1)

Fossil fuel service water heating system

3

2

R408.3.3 (2)

High performance heat pump water heating system

8

6

R408.3.3 (3)

Solar hot water heating system

6

6

R408.3.3 (4)

Compact hot water distribution

2

2

R408.3.4 (1)

More efficient distribution system

10

12

R408.3.4 (2)

100% of ducts in conditioned space

12

15

R408.3.4 (3)

Reduced total duct leakage

1

1

R408.3.5 (1)

2 ACH50 air leakage rate with ERV or HRV installed

10

13

R408.3.5 (2)

2 ACH50 air leakage rate with balanced ventilation

4

5

R408.3.5 (3)

1.5 ACH50 air leakage rate with ERV or HRV installed

12

15

R408.3.5 (4)

1 ACH50 air leakage rate with ERV or HRV installed

14

17

R408.3.6

Energy Efficient Appliances

1

1

R408.3.1 Enhanced envelope option. The building thermal envelope shall meet the requirements of Section R408.3.1.1 or R408.3.1.2.

R408.3.1.1 Enhanced envelope performance UA. The proposed total building thermal envelope UA shall be calculated in accordance with Section R402.1.5 and shall meet one of the following:

1. Not less than 2.5% of the total UA of the building thermal envelope.

2. Not less than 5% of the total UA of the building thermal envelope.

3. Not less than 7.5% of the total UA of the building thermal envelope.

R408.3.1.2 Improved fenestration. Vertical fenestration shall meet a U-factor equal to or less than 0.22.

R408.3.2 More efficient HVAC equipment performance option. Heating and cooling equipment shall meet one of the following efficiencies:

Options:

1. Greater than or equal to 6.9 SEER2 and 13.4 EER2 air conditioner.

2. Greater than or equal to 15.2 SEER2 and 10 EER2 air conditioner.

3. Greater than or equal to 96 AFUE natural gas furnace.

4. Greater than or equal to 92 AFUE natural gas furnace.

5. Greater than or equal to 8.1HSPF2/16 SEER2 electric air source heat pump.

6. Greater than or equal to 8.5 HSPF2/16.9 SEER2 electric air source heat pump.

7. Greater than or equal to 3.5 COP ground source heat pump.

8. Greater than or equal to 120 AFUE gas heat pump space heating system. The gas heat pump space heating system shall not be configured to provide cooling.

9. Greater than or equal to 140 AFUE gas heat pump space heating system. The gas heat pump space heating system shall not be configured to provide cooling.

For multiple cooling systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100% of the cooling design load. For multiple heating systems, all systems shall meet or exceed the minimum efficiency requirements in this section and shall be sized to serve 100% of the heating design load. In Climate Zone 5A, air-source heat pumps shall meet the following requirements for cold climate heat pumps:

1. COP at 5°F (-15°C) ≥ 1.75

2. Percent of heating capacity at 5°F (-15°C) ≥ 70% of that at 47°F (8.34°C)

R408.3.3 Reduced energy use in service water-heating option. The hot water system shall meet one of the following efficiencies:

1. Greater than or equal to 0.82 UEF fossil fuel service water-heating system.

2. Greater than or equal to 2.9 UEF electric service water-heating system.

3. Greater than or equal to 3.00 SUEF solar water-heating system with electric backup.

4. Greater than or equal to 1.80 SUEF solar water-heating system with gas backup.

5. Compact hot water distribution. For Compact Hot Water Distribution system credit, the volume shall store not more than 16 ounces of water in the nearest source of heated water and the termination of the fixture supply pipe when calculated using section R408.3.3.1 and documented in compliance with Section R408.3.3.2.

R408.3.3.1 Water volume determination. The water volume in the piping shall be calculated in accordance with this section. Water heaters, circulating water systems and heat trace temperature maintenance systems shall be considered to be sources of heated water. The volume shall be the sum of the internal volumes of pipe, fittings, valves, meters and manifolds between the nearest source of heated water and the termination of the fixture supply pipe. The volume in the piping shall be determined from Table R408.3.3.1. The volume contained within fixture shutoff valves, within flexible water supply connectors to a fixture fitting and within a fixture fitting shall not be included in the water volume determination. Where heated water is supplied by a recirculating system or heat-traced piping, the volume shall include the portion of the fitting on the branch pipe that supplies water to the fixture.

TABLE R408.3.3.1

INTERNAL VOLUME OF VARIOUS WATER DISTRIBUTION TUBING

OUNCES OF WATER PER FOOT OF TUBE

NOMINAL SIZE (inches)

COPPER TYPE M

COPPER TYPE L

COPPER TYPE K

CPVC CTS SDR 11

CPVC SCH 40

CPVC SCH 80

PE- RT SDR 9

COMPOSITE ASTM F1281

PEX CTS SDR 9

⅜

1.06

0.97

0.84

N/A

1.17

0.64

0.63

0.64

½

1.69

1.55

1.45

1.25

1.89

1.46

1.18

1.31

1.18

¾

3.43

3.22

2.90

2.67

3.38

2.74

2.35

3.39

2.35

1

5.81

5.49

5.19

4.43

5.53

4.57

3.91

5.56

3.91

1¼

8.70

8.36

8.09

6.61

9.66

8.24

5.81

8.49

5.81

1½

12.18

11.83

11.45

9.22

13.20

11.38

8.09

13.88

8.09

2

21.08

20.58

20.04

15.79

21.88

19.11

13.86

21.48

13.86

For SI: 1 foot = 304.8 mm, 1 inch = 25.4 mm, 1 liquid ounce = 0.030L, 1 oz/ft2 = 305.15 g/m2.

N/A = Not available

R408.3.3.2 Water volume documentation. Where compliance with Section R408.3.3(5) is required, construction documentation or final field inspection shall verify that the compact hot water distribution system meets the prescribed limit in Section R408.3.3(5) with one of the following:

1. Referencing ounces of water per foot of tube on plans as per Table R408.3.3.1.

2. Referencing ounces of water per foot of tube installed as per Table R408.3.3.1.

3. In accordance with Department of Energy's Zero Energy Ready Home National Specification (Rev. 07 or higher) footnote on Hot water delivery systems.

R408.3.4 More efficient duct thermal distribution system option. The thermal distribution system shall meet one of the following efficiencies:

1. 100% of ductless thermal distribution system or hydronic thermal distribution system located completely inside the building thermal envelope.

2. 100% of duct thermal distribution system located in conditioned space as defined by Section R403.3.2.

3. When ducts are located outside conditioned space, the total leakage of the ducts, measured in accordance with R403.3.5, shall be in accordance with one of the following:

3.1. Where the air handler is installed at the time of testing, 2.0 cubic feet per minute (0.94 L/s) per 100 square feet (9.29 m) of conditioned floor area.

3.2 Where the air handler is not installed at the time of testing, 1.75 cubic feet per minute (0.83 L/s) per 100 square feet (9.29 m) of conditioned floor area.

R408.3.5 Improved air sealing and efficient ventilation system option. The measured air leakage rate shall be one of the following:

1. Less than or equal to 2.0 ACH50, with either an Energy Recovery Ventilator (ERV) or Heat Recovery Ventilator (HRV) installed.

2. Less than or equal to 2.0 ACH50, with balanced ventilation as defined in Section 202 of the 2021 International Mechanical Code.

3. Less than or equal to 1.5 ACH50, with either an ERV or HRV installed.

4. Less than or equal to 1.0 ACH50, with either an ERV or HRV installed.

Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be greater than or equal to 75% Sensible Recovery Efficiency (SRE), greater than or equal to 1.2 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use recirculation as a defrost strategy. In addition, the ERV shall be greater than or equal to 50% Latent Recovery/Moisture Transfer (LRMT).

R408.3.6 Energy efficient appliances. Appliances installed in a dwelling unit shall meet the product energy efficiency specifications listed in Table R408.3.6, or equivalent energy efficiency specifications. The three appliance types from Table R408.3.6 shall be installed for compliance with this section.

TABLE R408.3.6 MINIMUM EFFICIENCY REQUIREMENTS: APPLIANCES

Appliance

Efficiency Improvement

Test Procedure

Refrigerator

Maximum Annual Energy Consumption (AEC) No greater than 620 kWh/yr

10 CFR 430, Subpart B, Appendix A

Dishwasher

Maximum Annual Energy Consumption (AEC) No greater than 270 kWh/yr

10 CFR 430, Subpart B, Appendix C1

Clothes Washer and Clothes Dryer

Maximum Annual Energy Consumption (AEC) for Clothes Washera No greater than 130 kWh/yr Integrated Modified Energy Factor (IMEF) > 1.84 cu.ft/kWh/cycle

10 CFR 430 Subpart B, Appendix J2 and 10 CFR 430, Subpart B, Appendices D1 and D2

a. Credit for Clothes Washer and Clothes Dryer pair is based on Clothes Washer efficiency.

CHAPTER 6[RE]

REFERENCED STANDARDS

ASME

American Society of Mechanical Engineers

Two Park Avenue

New York, NY 10016-5990

BPVC

Boiler and Pressure Vessel Code

CTA

Consumer Technology Association Technology & Standards Department

1919 S Eads Street

Arlington, VA 22202

ANSI/CTA-2045-B – 2018

Modular Communications Interface for Energy Management

ANSI/CTA-2045-A – 2018

Modular Communications Interface for Energy Management

IEC

IEC Regional Centre for North America

446 Main Street 16th Floor

Worcester, MA 01608

IEC Regional Centre for North America.

IEC 62746-10-1 - 2018: Systems interface between customer energy management system and the power management system - Part 10-1: Open automated demand response

OpenADR

OpenADR Alliance

111 Deerwood Road, Suite 200

San Ramon, CA 94583

OpenADR Alliance.

OpenADR 2.0a and 2.0b – 2019: Profile Specification Distributed Energy Resources

AHRI

Air-Conditioning, Heating, & Refrigeration Institute

2111 Wilson Blvd, Suite 500

Arlington, VA 22201

AHRI 1380-2019

AHRI 1430-2022 (I-P)

Demand Response through Variable Capacity HVAC Systems in Residential and Small Commercial Applications

Demand Flexible Electric

Storage Water Heaters

SECTION R502

ADDITIONS

R502.3 Prescriptive compliance. Additions shall comply with Sections R502.3.1 through R502.3.5.

R502.3.1 Building envelope. New building envelope assemblies that are part of the addition shall comply with Sections R402.1, R402.2, R402.3.1 through R402.3.5, and R402.4.

Exception: New envelope assemblies are exempt from the requirements of Section R402.4.1.2.

R502.3.2 Heating and cooling systems. HVAC ducts newly installed as part of an addition shall comply with Section R403.

Exception: Where ducts from an existing heating and cooling system are extended to an addition.

R502.3.3 Service hot water systems. New service hot water systems that are part of the addition shall comply with Section R403.5.

R502.3.4 Lighting. New lighting systems that are part of the addition shall comply with Section R404.1.

R502.3.5 Additional Efficiency Requirements. Additions shall comply with sufficient measures from Table R408.3 to achieve not less than 10 credits. Alterations to the existing building that are not part of the addition, but permitted with the addition, shall be permitted to be used to achieve this requirement.

Exceptions:

1. Additions that increase the building's total conditioned floor area by less than 25%.

2. Additions that do not include the addition or replacement of equipment covered in Sections R403.5 or R403.7.

3. Additions that do not contain conditioned space.

4. Where the addition alone or the existing building and addition together comply with Section R405 or R406.

SECTION R503

ALTERATIONS

R503.1.1.2 Roof replacement. Insulation shall comply with Section R402.1. Alternatively, where limiting conditions prevent compliance with Section R402.1, an approved design that minimizes deviation from Section R402.1 shall be provided for the following alterations:

1. Roof replacements or a roof alteration that includes removing and replacing the roof covering where the roof assembly includes insulation entirely above the roof deck. Where limiting conditions require use of an approved design to minimize deviation from Section R402.1 for a Group R-2 building, a registered design professional or other approved source shall provide construction documents that identify the limiting conditions and the means to address them.

R503.1.2 Heating and cooling systems. New heating and cooling and duct systems that are part of the alteration shall comply with Section R403 and this section. HVAC ducts newly installed as part of an alteration shall comply with Section R403. Alterations to heating, cooling and duct systems shall comply with this section.

R503.1.2.1 Ducts. HVAC ducts newly installed as part of an alteration shall comply with Section R403.

Exception: Where ducts from an existing heating and cooling system are extended to an addition.

R503.1.2.2 System sizing. New heating and cooling equipment that is part of an alteration shall be sized in accordance with Section R403.7 based on the existing building features as modified by the alteration.

Exception: Where it has been demonstrated to the code official that compliance with this section would result in heating or cooling equipment that is incompatible with the remaining portions of the existing heating or cooling system.

R503.1.2.3 Duct leakage. Where an alteration includes any of the following, ducts shall be tested in accordance with Section R403.3.5 and shall have a total leakage less than or equal to 12.0 cubic feet per minute (339.9 L/min) per 100 square feet (9.29 m2) of conditioned floor area:

1. Where 25% or more of the registers that are part of the duct system are relocated.

2. Where 25% or more of the total length of all ducts in the system are relocated.

3. Where the total length of all ducts in the system is increased by 25% or more.

Exception: Duct systems located entirely inside a conditioned space in accordance with Section R403.3.2.

R503.1.2.4 Controls New heating and cooling equipment that are part of the alteration shall be provided with controls that comply with Sections R403.1 and R403.2.

History

• Source: Added at 48 Ill. Reg. 14276, effective January 1, 2025

Chapter III Department of Military Affairs

Part 1500 Sale of National Guard Armories and Lands

71 Ill. Adm. Code 1500.10 Sale of Surplus Property

Illinois National Guard armories and lands which are obsolete, inadequate, unusable or no longer required for Illinois National Guard purposes and which are not transferred or exchanged to any State or Federal agency, may be sold at fair market value (Ill. Rev. Stat. 1984 Supp., ch. 129, pars. 220.22-2 and 220.22-5). The Adjutant General will make these determinations considering:

a) Standards for armories enumerated by the National Guard Bureau ("Installations and Facilities Construction Standards," National Guard Regulation 415-10, October 26, 1984 and "Construction Standards," Pamphlet No. 415-11, August 31, 1984.) This rule will not include any later amendments or editions.

b) Whether the armory or land provides adequate housing, storage, and training for the unit or units it supports.

c) Whether the armory or land requires excessive maintenance and operating expenses.

d) Whether the armory or land provides the minimum essential requirements for a National Guard unit.

71 Ill. Adm. Code 1500.20 Determination of Fair Market Value

The Adjutant General shall be the final authority in determining fair market value of the property in question. In making this determination, the following indicators of fair market value will be considered:

a) Appraisals made by certified real estate appraisers. The Director of Facilities, Department of Military Affairs of Illinois, will make an initial valuation of the property using the indicators stated in subsections (b) through (e) below.

1. For property valued by the Director of Facilities at $5000.00 or less, an appraisal is not required.

2. For property valued by the Director of Facilities at more than $5000.00 but less than $50,000.00, one appraisal is required by a certified appraiser who resides in the county in which the property is located.

3. For property valued by the Director of Facilities at $50,000.00 or more, two appraisals are required by certified appraisers, one of whom must reside in the county in which the property is located.

b) The type, nature, and condition of the property involved;

c) Bona fide offers to purchase by willing buyers;

d) Uses to which the land is adapted and might in reason be applied, considering zoning laws, whether the area is commercial or residential, transportation access, existing property tax values, certified real estate appraisal reports, and whether demolition will be required to make the land suitable for commercial use. When demolition is required, the cost of demolition will be deducted from the total value of the property by the appraiser before determining the fair market value of the property; and

e) Bona fide sales which have been consummated for assets of like type, quality, and quantity will be considered when such information is available.

71 Ill. Adm. Code 1500.30 Consideration of Bids

a) In considering bids, the Department of Military Affairs shall consider the following factors:

1. The purchase price offered;

2. The terms or conditions of the bid; and

3. The financial responsibility of the bidder – his capability to complete the purchase according to the stated terms and conditions. The Department will consider past experience with the bidder, if any, evidence that the bidder has adequate financial resources, and his capability to supply the purchase money at the time specified.

b) The Adjutant General shall determine whether a bid is acceptable to the Department of Military Affairs considering the above factors.

71 Ill. Adm. Code 1500.40 Advertisement for Bids

The Department of Military Affairs will publish an advertisement for bids on the property in the Official State Newspaper and at least one county paper of general circulation. The advertisement for bids shall run in each paper not less than three (3) times, the first and last of which publications shall be at least ten (10) days apart. The advertisement for bids will briefly describe the property, state the procedure for submitting bids, and state the day, date, hour, and place when and where bids will be opened. Invitations for bids will also be sent by letter to local governmental bodies or such other parties considered by the Director of Facilities to be prospective bidders.

71 Ill. Adm. Code 1500.50 Right to Reject Bids

The Department of Military Affairs reserves the right to reject any and all bids in order to obtain more evidence of fair market value or if none of the bidders are financially responsible. When all bids are rejected, a re-advertisement for bids shall be published in the same manner as the original advertisement. Additional appraisals may be obtained as a further indicator of fair market value. Additional appraisals would be obtained if there is a great variance between original appraisals and bids received. Additional appraisals would not be obtained if appraisals appear accurate and it is believed additional advertising may bring new bidders. The Adjutant General will consider bids received during the initial bid procedure as indicators of fair market value when evaluating the new bids.

71 Ill. Adm. Code 1500.60 Notification to Successful Bidder and Deposit

Upon completion of the bid opening, the successful bidder will be notified by certified mail. The successful bidder will have 72 hours from receipt of the notification to give the Department of Military Affairs cash, a certified or cashiers check, or a money order in an amount equal to 10% of the bid price. This 10% deposit will be applied to reduce the purchase price at time of closing. If the bidder is unable to complete the purchase according to the stated terms and conditions of the bid, the 10% deposit will be forfeited to the Department of Military Affairs as liquidated damages. The property will then be re-advertised.

71 Ill. Adm. Code 1500.70 Full Payment and Interest

Full payment is required not later than sixty (60) days from the bid opening or on the date and terms specified in the advertisement for bids or as proposed in the bid of the successful bidder. If payment is delayed beyond the due date as established above, the balance shall bear interest at the most recent State bond sale rate.

71 Ill. Adm. Code 1500.80 Approval of Governor

All sales are subject to the written approval of the Governor. However, where the sale price of the armory exceeds 3.5 million dollars and the armory is located in any county with a population of 1 million or more, the authorization of the General Assembly will be required for the sale of such armory (Ill. Rev. Stat. 1984 Supp., ch. 129, par. 220.22-2). Such approval will be obtained after the successful bidder has submitted the 10% deposit to the Department of Military Affairs. If the Governor or General Assembly disapproves the sale, the bidder's deposit will be returned and the property will then be re-advertised.

71 Ill. Adm. Code 1500.90 Conveyances by Quitclaim Deed

All conveyances will be by quitclaim deed and subject only to:

a) Restrictive covenants heretofore of record;

b) Mineral exceptions and reservations heretofore of record;

c) Easements heretofore of record, or visible;

d) Acts done or permitted to be done by Buyer;

e) Zoning laws and ordinances; and

f) Rights of parties in possession.

Part 1510 Rental of National Guard Armories

71 Ill. Adm. Code 1510.100 General Policy

It is the policy of the Adjutant General that Illinois National Guard armories will be made available for reasonable and legitimate activities and, to that end, armory managers and maintenance/janitorial supervisors (hereinafter referred to as "armory managers") will allow such use.

71 Ill. Adm. Code 1510.110 Insurance Requirements

a) Proof of insurance is required. A certificate of insurance issued by the company/broker must be returned to the Office of the Adjutant General along with the signed contract and must indicate that the lessee's insurance coverage extends to the armory by armory name and address.

b) Dram shop coverage is required in addition to liability and property loss/damage for any event selling or serving alcohol.

c) Exceptions to the requirement for insurance are:

1. Rental to other state or federal agencies; and

2. Use by military units for social activities or other unit-sponsored activities. However, if liquor is sold/dispensed, dram shop insurance is required.

71 Ill. Adm. Code 1510.120 Use by Civilian Agencies

a) Use as a Polling Place: Armory space will be made available as a polling place without charges. Armory clean-up and security will be provided from Department resources.

b) Use as an Emergency Evacuation Shelter: The Adjutant General will consider the use of an armory as an emergency evacuation shelter for hospitals, nursing homes and the like (for periods not exceeding 72 hours) as part of an institutional plan to cope with disasters. However, such prospective users will be advised that in a disaster, the National Guard may need the facility for disaster aid operations at the direction of the Governor.

71 Ill. Adm. Code 1510.130 Long-Term Space Rental and Extended Contracts

Prior to entering into any rentals requiring long-term relinquishment of space (i.e., either office, classroom or assembly areas), a letter prepared by the armory manager will be forwarded through military channels to the Assistant Adjutant General – Army, Department of Military Affairs, hereinafter referred to as DMAIL, for review of impact on the Illinois National Guard mission by the loss or reduced availability of the space (e.g., interference with training or operations). The Assistant Adjutant General – Army will advise the Adjutant General on suitability of the rental. Armory rental, vending machine contracts or concession contracts cannot be for more than one year. Charges for these contracts will be computed for the entire rental period when the contract worksheet (see Section 1510.Appendix A) is prepared, and the lessee will submit payment for at least one month's use when the contract is signed. All charges for succeeding months use will be paid within 15 days after receipt of a monthly billing from the Office of the Adjutant General.

71 Ill. Adm. Code 1510.140 Alcoholic Beverage Policy

a) Alcoholic liquors may be delivered to and sold at retail in any building used as an Illinois State Armory provided:

1. The lessee obtains State and local liquor licenses, and submits them to the Office of the Adjutant General prior to the event;

2. The lessee selling or dispensing the alcoholic liquors has provided dram shop liability insurance so as to save harmless the facility and the State from all financial loss, damage or harm; and

3. If catered, the caterer must have the required liquor licenses and dram shop insurance to dispense alcoholic beverages for a lessee in the armory.

b) When liquor is not served or sold during rentals, signs must be posted in prominent places stating that all alcoholic beverages are prohibited. If tickets are to be printed by organizations for functions to be held in the armory where no liquor is served or dispensed, a "No Liquor On Premises" statement must be imprinted on the tickets.

71 Ill. Adm. Code 1510.150 Areas Available for Rental

The following armory areas will be considered for rental:

a) Assembly area;

b) Classrooms;

c) Supporting restroom facilities;

d) Indoor ranges; and

e) Armory's kitchen facilities, but only with qualified National Guard personnel on hand to supervise the use and clean-up.

71 Ill. Adm. Code 1510.200 Restrictions on Rental Activities

a) Neither the lessee, nor any exhibitor or merchant occupying floor space will engage in the sale of merchandise or services of any kind without prior approval of the Adjutant General. When deciding whether to grant such approval, the Adjutant General will consider the following factors:

1. Whether there will be damage to armory property as a result of the rental;

2. Whether the event will endanger the community, armory personnel, or participants;

3. Whether the merchandise or services are of an obscene or lewd nature; and

4. Whether the armory can accommodate the anticipated event or crowds.

b) The armory will not be rented to any organization or individual for any of the following or similar functions:

1. Professional sports;

2. Midget auto racing;

3. Roller skating;

4. Gambling of any kind;

5. Obscene or lewd entertainment; and

6. Rock concerts.

71 Ill. Adm. Code 1510.210 Measures Required to Prevent Armory Damage

a) The armory will not be rented when such use will cause damage to the floor or other facilities (e.g., heavy equipment). In any event where vehicles are to be on the floor, they must be drained of gasoline prior to being moved in and the floor properly protected from oil drippings.

b) The armory will not be rented for any use where liquified petroleum gases in any form are involved.

c) Arrangements for heavy electrical loads for rentals must be arranged between the lessee and local utility company. Payments for extra electricity will be made by the lessee directly to the utility. The electrical panel boxes in the armory will not be used for running additional power cables.

d) The lessee will make no alterations or additions to the armory without the written approval of the Adjutant General. The lessee is liable to the State of Illinois for damages arising out of the use of the armory. In deciding whether to allow a requested alteration or addition, the Adjutant General will consider the following factors:

1. Whether the alteration or addition will damage armory property;

2. Whether the alteration or addition will be dangerous or hazardous (e.g., exposed electrical cable);

3. Whether the alteration or addition will affect military operations or training or future rentals;

4. Whether the alteration or addition will adversely affect the appearance of the armory (e.g., bright paint); and

5. Whether the alteration or addition will be temporary or permanent.

e) No smoking will be permitted on the armory floor.

71 Ill. Adm. Code 1510.220 Armory Indoor Range Rental

a) The lessee must agree that all firing will be done under the supervision of competent instructors, and that there will be a minimum of two persons present on the range when the range is in use. Safety precautions will be strictly adhered to at all times, and the armory manager shall have the right to close the range at any time such precautions are not being followed. Arms and ammunition must adhere to the following specifications: only .22 caliber rifles will be used in armory ranges; handguns up to .45 caliber are authorized. All ammunition must be non-jacketed, low velocity.

b) State and federal law enforcement agencies may use indoor ranges without providing insurance coverage. County and municipal law enforcement agencies will provide proof of self-insurance or proof of insurance policy coverage.

c) Gun clubs and other private groups renting the range must provide insurance coverage.

d) Prior to use, the lessee must provide the armory manager with a list identifying those individuals who will use the range. Each person using the range must sign in and out on a log furnished by the armory manager.

71 Ill. Adm. Code 1510.300 Lease Procedures and Preparation of Paperwork

In order to initiate the rental of an armory, the interested party should contact the armory manager who will prepare an Armory Rental Contract Worksheet (DMAIL Form 22) for each lease. See Section 1510.Appendix A. Rent, operating costs, security and clean-up costs, and any additional costs will be computed and recorded on the worksheet, but the armory manager will not collect monies from the lessee. The armory manager will brief the lessee on the rental and insurance requirements. The worksheet will then be forwarded to the Administrative Assistant at the Office of the Adjutant General where, if the proposed rental is approved, a contract will be drafted and sent to the lessee for approval and signature.

71 Ill. Adm. Code 1510.310 Payment of Rental Fees

a) The Administrative Assistant will prepare a bill in accordance with the rate schedule shown at Section 1510.Appendix B for the rental payment and forward it to the lessee with the proposed contract. The lessee will return the signed contract, check, proof of insurance, and any other required documentation to the Administrative Assistant.

b) Unless other arrangements are made with the armory manager at the time of preparation of the armory rental worksheet, the lessee will submit payment in full for a one-time rental of the armory at the time the contract is signed. In all other cases, the lessee will pay all bills in full within 15 days after receipt.

71 Ill. Adm. Code 1510.320 Security Requirements

a) All after-normal-duty-hours rentals require that the facility and the military equipment be safeguarded by National Guard personnel. The lessee will be charged for the required security personnel if they are not normally working at the time of the event.

b) Security personnel are accountable to the armory manager and not to the lessee. They are hired to insure that the facility and government property are safeguarded. They will not be engaged in maintaining order or crowd control at the lessee's activity.

71 Ill. Adm. Code 1510.330 Clean-Up of Armory Facilities After Use

a) Clean-up after a rental will be accomplished within 24 hours to an "as found" condition as determined by the armory manager who shall inspect the area prior to the rental with a representative of the lessee if he desires to be present. This is the lessee's responsibility to either clean the armory or hire personnel to clean the armory. If the lessee desires, the armory manager is authorized to hire personnel for this task and charge the lessee.

b) If clean-up is done by the lessee, it will be under the supervision of and to the standards of the armory manager.

71 Ill. Adm. Code 1510.340 Termination of Lease

The Adjutant General reserves the right to terminate the lease without notice to the lessee whenever the armory is required for military purposes (e.g. training or Federal mobilization) or disaster aid operations at the direction of the Governor. In all other cases, either the Adjutant General or the lessee may terminate the lease upon two weeks' advance notice, in writing, to the other party.

71 Ill. Adm. Code 1510.350 Hold Harmless Provision

All lessees, except State and Federal agencies or military units, will be required to enter into "hold harmless" agreements to provide for indemnification of the State of Illinois or its agents and employees.

71 Ill. Adm. Code 1510.APPENDIX A Armory Rental Contract Worksheet

ARMORY:

MANAGER:

LESSEE (Complete name of Organization)

ADDRESS:

,

,

Street

City

Zip

PHONE:

IF APPLICABLE:

Illinois Tax Number

Federal Tax-Exempt Number

Not-For-Profit Certification Number

PERSONS AUTHORIZED TO REPRESENT LESSEE:

(Contract will be mailed to this address for signature.)

Name:

SSN:

Address:

City, St, Zip:

Phone:

Business:

Home:

DESCRIBE IN DETAIL HOW THE ARMORY WILL BE USED:

WILL THERE BE INCOME TO THE LESSEE BEECAUSE OF THIS USE THROUGH:

a.

Ticket sales

Program sales

b.

Sale of Advertising

Concessions

c.

Contributions

Vending

d.

Subletting

Other

HOW IS THE LESSEE USING THE INCOME FROM THIS RENTAL:

ESTIMATED NUMBER OF PEOPLE ATTENDING THE EVENT:

DATE/HRS REQUESTED:

(attach schedule sheet if required)

Date(s)

Time (From – To)

Total # Hours

Will alcohol be served

or sold

Yes or No

Yes or No

AREAS OF ARMORY TO BE RENTED:

Assembly area:

(Includes supporting hallways and restrooms

Classrooms:

Room numbers or identification

INSURANCE

I understand I MUST submit a certificate of insurance as proof of liability and property damage coverage along with the signed contract. I understand also that if liquor is to be served, I will be required to show proof of Dram Shop Insurance. The insurance certificate must reflect that liability and property damage/loss coverage has been extended to the armory being rented.

RENTAL CHARGES:

a.

Total number of hours this rental (to be multiplied times the hourly rate shown in Appendix B which includes routine clean-up and security charges).

b.

Subletting fees (if applicable). Number of spaces to be sublet: ____; at $each, for a total of $. DMAIL fee – 15% of total:

c.

Total number of hours Armory Manager administration (preparation of payrolls and rental oversight)

d.

Adjustments to rental charges (to be multiplied times the hourly fee for that service as shown in Appendix B); may be adjusted upward or downward:

Total of number of hours clean-up required:

a)

By DMAIL janitorial personnel

b)

By personnel hired by DMAIL pursuant to contractor's authorization

Total number of hours security required:

a)

By security personnel during normal duty hours

b)

By personnel hired by DMAIL during non-duty hours pursuant to contractor's authorization

How is contract to be paid:

a.

Paid in advance in full when contract is signed (required payment method for all one-time use rentals and lessee's option for all others)

b.

*Semi Annually

c.

*Quarterly

d.

*Monthly

• Lessee's option for all leases except one-time use rentals – payments will be due 15 days after each billing from DMAIL

I have read the foregoing and understand the charges for my rental will be determined by the Office of the Adjutant General upon receipt of this worksheet, and that a contract will be prepared and forwarded to me for my signature. I further understand that I am under no obligation to enter into this contract when forwarded to me for signature.

Lessee's Signature

I recommend approval of the proposed rental on the term described on this worksheet.

Armory Manger

ALL QUESTIONS MUST BE ANSWERED TO ENSURE PROMPT PROCESSING OF CONTRACT, IF NOT APPLICABLE ENTER N/A.

71 Ill. Adm. Code 1510.APPENDIX B Armory Rental Rate Sheet

ARMORY RENTAL RATE SHEET

Rates shown include routine security and clean-up. Rates are subject to increase when an activity will require additional clean-up and/or security. Rates will be adjusted downward when an activity requires less than usual clean-up and security. Rates for clean-up and security are $8.00 for each hour required. Administration fees are $9.50 per hour. Fees for subletting are 15% of total planned space/exhibitor fees.

HOURLY RATES

Assembly Area

Classroom

20,000 SF or less

*More than 20,000 SF

Charities (with federal tax exempt number); or other groups which donate 100% of net profit to humanitarian efforts on behalf of the physically or mentally handicapped or the under-privileged, or for the treatment or prevention of illness.

25.50

36.40

19.00

Government Agencies (Federal, State, or local)

22.60

30.60

18.00

Park & Recreation Districts for recreational programs; or school athletic programs/team practices

28.50

42.40

22.00

Not-for-profit groups organized under the Illinois GENERAL NOT FOR PROFIT CORPORATION ACT OF 1986 (Ill. Rev. Stat. 1987, ch. 32, par. 101.01, et seq.)

33.00

51.40

25.00

Other persons, groups, or organizations

48.00

81.40

32.00

*Broadway, Chicago Avenue, General Jones, Northwest and Rockford Armories.

Rates for Indoor Ranges (Beardstown, Marseilles, North Riverside and Springfield only). Use by any group is limited to 2 hours per week at Marseilles and Springfield. Rates include routine clean-up and security.

1. Government Agencies: $ 16.00 per hour

2. All Others: $ 20.00 per hour

Chapter IV Secretary of State

Part 2000 Public Building Construction

71 Ill. Adm. Code 2000.5 Policy

All construction projects shall be accomplished in the most economic, expeditious and commercially reasonable manner that is in accordance with the Illinois Purchasing Act (Ill. Rev. Stat. 1983, ch. 127, par. 132.1 et seq.), this Part, the Department of Central Management Services rules entitled "Standard Procurement" (44 Ill. Adm. Code 1) and Capital Development Board rules entitled "Prequalification and Suspension of Contractors" (44 Ill. Adm. Code 950). This Part is promulgated to facilitate the construction project practices of the Office of the Secretary of State. Operational interpretations are to be made in accordance with the standards set forth in this Part in a flexible manner designed to secure the Secretary of State's needs and protect its interests.

71 Ill. Adm. Code 2000.10 Applicability

This Part applies to all construction projects by or through delegation to the Office of the Secretary of State.

71 Ill. Adm. Code 2000.15 Definitions

"Agency" unless otherwise specified, means the Office of the Secretary of State.

"Architect" means a person who is licensed as an architect by the Illinois Department of Financial and Professional Regulation.

"Beneficial Interest" means any profit, benefit or advantage resulting from a contract.

"Bid" means an offer made by a Bidder in response to a request by the Office of the Secretary of State for sealed bids, sealed proposals or request for proposal.

"Bidder" means any person or entity by representative that submits a bid. The term Bidder may also, in the appropriate context, refer to the successful Bidder or to a vendor.

"CDB" means the Capital Development Board.

"CMS" means the Department of Central Management Services.

"Contract" means the Agreement for the stated services and/or material.

"Director" unless otherwise specified, means the Director of the Department of Physical Services for the Secretary of State.

"Director of Purchasing" means the Director of the Purchasing Department of the Office of the Secretary of State.

"Engineer" means a person who is licensed as a professional or structural engineer by the Illinois Department of Financial and Professional Regulation.

History

• Source: Amended at 39 Ill. Reg. 2703, effective February 5, 2015

71 Ill. Adm. Code 2000.20 Prequalification

All architects, engineers, and contractors shall be prequalified according to the rules of the Capital Development Board (44 Ill. Adm. Code 950 and 980) to determine their responsibility prior to entering into a contractual relationship with the Secretary of State.

71 Ill. Adm. Code 2000.25 Beneficial Interest

a) All Bidders pursuant to this Part shall disclose in their bid submission documents the names of each individual who has a beneficial interest of more than 7 1/2 percent in the enterprise bidding on the contract. (Section 6-1 of the Illinois Purchasing Act, Ill. Rev. Stat. 1983, ch. 127, par. 132.6-1).

b) A corporation shall disclose in its bid submission documents the names of all officers and directors.

c) Each Bidder shall notify the Secretary of State of any changes in its ownership or officers when such change occurs.

71 Ill. Adm. Code 2000.30 Suspension

Any Bidder who violates the Illinois Purchasing Act (Ill. Rev. Stat. 1983, ch. 127, pars. 132.1 et seq.) or this Part, will be suspended by the Director of Purchasing for up to one year, the exact term of suspension shall not exceed one year and shall depend upon the following factors, including but not limited to, the severity and magnitude of the violation, the previous record of the Bidder, and the delay of inquiry to the Secretary of State in the project.

71 Ill. Adm. Code 2000.35 Causes for Suspension

The following shall be sufficient grounds for suspension:

a) Material Breach of contract.

b) Delivery of goods or performance of services which do not comply with the specifications of the Bidder's contract with the State.

c) Failure to perform within the time specified in the contract or order.

d) Failure to keep offer firm for length of time specified by the Bidder in his/her bid.

e) Failure to provide performance bond when required by Invitation for Bids.

f) Collusion with other Bidders or prospective Bidders to restrain competitive bidding.

g) Giving information in an application for inclusion on a Bidder's list that is later found to be false or materially misleading.

h) Any substitution of an article, even though of the same quality, without first securing the written consent of the Secretary of State.

i) Bankruptcy or other objective evidence of insolvency of the Bidder, such as cash shortages, foreclosures, and inabilities to obtain material from suppliers.

j) Any other facts such as resignation or death of principal partner, loss of personnel with expertise, financial difficulties such as bankruptcy, loss of line of credit, discontinuance of business, termination of previous contracts, bad credit rating, and poor business relations causing substantial doubts as to whether the Bidder will continue to be a responsible Bidder who can be relied upon to fulfill his/her obligations under this Part and under any contract awarded to him/her, including, but not limited to, the Director and Director of Purchasing's experience with the bidder, their business experience, knowledge and expertise, common business practices, bidder reputation, and knowledge of bidder's experience with other government agencies.

k) Any violation of Illinois or federal law or rule which would make it inadvisable for the Agency to deal with such Bidder, including but not limited to bribery, racketeering, other forms of corruption, theft, collusion, consumer fraud, misrepresentation, Internal Revenue Service violations, and tax fraud.

l) Revocation of Department of Human Rights Public Contract number.

m) Failure to honor warranties or to make equitable adjustment or replacements for damaged goods.

n) Failure to provide prevailing wages and benefits where required by law.

o) Any other violation of this Part.

71 Ill. Adm. Code 2000.40 Debarment

Debarment is the permanent suspension of a Bidder or prospective Bidder from doing business with the Agency. A debarment may only take place in those instances involving bribery or attempted bribery of a State of Illinois officer or employee.

71 Ill. Adm. Code 2000.45 Bid Opening

a) Bids will be opened on the date and at the time and place specified in the bid solicitation. The opening of all bids shall be done publicly.

b) The public bid opening shall be conducted and witnessed by not less than two (2) employees of the Secretary of State Purchasing Department. One shall open and read the bid prices aloud, while the other witnesses and records the abstract of bids. This public bid opening shall be open to anyone who wants to attend and witness the proceeding.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.50 Proprietary Information

Any information submitted by the contract awardee is considered public. Information, other than price information, labeled proprietary which is submitted by an unsuccessful Bidder will be held confidential.

71 Ill. Adm. Code 2000.55 The Illinois Purchasing Act

The Illinois Purchasing Act shall apply to all contracts for construction entered into by the Secretary of State.

71 Ill. Adm. Code 2000.100 Invitation for Bid

The Secretary of State will advertise the bid in the official State Purchasing Website (www.purchase.state.il.us) in accordance with requirements of the Illinois Procurement Code, and use the prequalified Bidders of the Capital Development Board (44 Ill. Adm. Code 950). Bidders who have failed on two consecutive occasions to return the bid form without bidding will not ordinarily be sent a bid form on the next occasion, unless the Bidder has shown in a letter to the Director of Purchasing that it wishes to be sent a bid form.

History

• Source: Amended at 39 Ill. Reg. 2703, effective February 5, 2015

71 Ill. Adm. Code 2000.110 Contents of Invitation for Bids

Invitations for bids will contain the following information:

a) The construction project to be bid.

b) A description of the needs and requirements of the work to be done.

c) The dates of the work to be done.

d) A description of the major subdivisions of the work to be done.

e) Any other terms and conditions which will be required to accomplish the project.

71 Ill. Adm. Code 2000.120 Time and Place to Submit Bids

In addition to the above, each Invitation for Bids will indicate a date, time and place for the Bidder to submit a bid. Responses received late will not be considered. The Agency does not prescribe the method by which bids are to be transmitted; therefore, it cannot be held responsible for delay in transmission resulting in late delivery.

71 Ill. Adm. Code 2000.130 Submission of Bids

Each bid must conform to the requirements of this Part and to any additional requirements in the Invitation for Bids. Unless otherwise stated in the Invitation, bids shall be returned using the Agency supplied bid form. Every bid should be typed or written clearly in ink. Bids must be signed by an authorized representative of the Bidder.

History

• Source: Amended at 39 Ill. Reg. 2703, effective February 5, 2015

71 Ill. Adm. Code 2000.140 Change or Withdrawal of Bid

A Bidder may change or withdraw a bid if written or in-person notice of the change or withdrawal is received by the Agency before the time specified for submission of bids. No change or withdrawal is allowed after bid opening except as provided in Subpart E. Modifications, changes, and erasures must be initialed in ink by the Bidder.

71 Ill. Adm. Code 2000.150 Submission Binding

Any bid submitted may be accepted within 30 days of opening unless a different period of time is specified in the Invitation for Bids. Acceptance by the Agency will bind the Bidder in accordance with this Part and any terms and conditions contained in the Invitation for Bids.

71 Ill. Adm. Code 2000.160 Bid Reservations

The Agency reserves the right to reject any or all bids or any part thereof, to waive immaterial technicalities, such as misplaced decimal points, punctuation, misnumbering and typographical errors and to accept bids deemed most favorable to the interests of the Agency, including but not limited to failure to sign bid when bidder is able to come in and sign, failure to acknowledge receipt of documents, and delivery requirements, after all bids have been examined and evaluated.

71 Ill. Adm. Code 2000.170 Bidder Must Be Responsible

Contracts are to be made only with responsible Bidders unless no responsible Bidder is available to meet the Agency's needs. If there is doubt about the responsibility of a Bidder as determined by Subpart C of this Part, and if a bond or other security, such as cashiers check, certified check, or withholding a percentage of the total contract amount, would adequately protect the Agency's interests, then that Bidder may be awarded a contract upon receipt of the bond or other security.

71 Ill. Adm. Code 2000.200 Determination by Procuring Agency

The determination of responsibility is made by the Director of Purchasing and such determination is to be based upon written documentation regarding the following Standards of Responsibility. Responsibility can be proven until time of award or execution of contract, whichever is later.

71 Ill. Adm. Code 2000.205 Proof of Responsibility

Each prospective Bidder must provide the Agency with adequate documentation of responsibility. The Agency will ordinarily provide forms for this information, except when insurance companies provide such forms or references are required in the invitation for bids. The Agency may supplement this information from other sources and may require additional documentation at any time, in order to clarify or complete documentation of responsibility.

71 Ill. Adm. Code 2000.210 Standards of Responsibility

Responsibility shall be determined by consideration of the following factors, such as, whether the Bidder:

a) Has adequate financial resources or the ability to obtain such resources as required during the performance of the contract. The Director of Purchasing shall designate a level of financial resources when the contract exceeds $10,000.00, below which the Bidder will be deemed "not responsible", as determined in the Capital Development Board Rules (44 Ill. Adm. Code 950).

b) Is able to comply with required or proposed delivery or performance schedules, taking into consideration all existing commercial and governmental commitments.

c) Has a satisfactory record of performance. Bidders who are or have been deficient in current or recent contract performance in dealing with the Agency or other customers shall be deemed "not responsible" unless the deficiency is shown to have been beyond the reasonable control of the Bidder.

d) Has a satisfactory record of integrity and business ethics based upon reputation, previous contractual arrangements, and performance.

e) Has a currently valid Identification Number issued by the Public Contracts Division of the Illinois Department of Human Rights.

f) Pays prevailing wages if required by law. The Department of Labor will periodically provide the agency with current information regarding prevailing rates of wages. The Invitation for Bids will advise prospective bidders the amount of wages and benefits which the Department of Labor has determined that workers providing services under the resulting contract should be paid. Submission of a bid shall constitute the bidders acceptance and intent to fully comply. Complaints regarding a contractor's failure to comply shall be directed to the Illinois Department of Labor.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.215 New Bidders

a) Bidders not having a history of performance shall be considered responsible if no other disqualifying factors exist. A bond or other security shall be required for such Bidders.

b) Bidders who are newly formed business concerns having substantially the same owners, officers, directors, or beneficiaries as a previously existing not-responsible Bidder, defined as persons having a controlling interest or 10% or more of any interest, will be declared not-responsible unless the new organization can prove it was not set up for the purpose of avoiding an earlier declaration of non-responsibility.

71 Ill. Adm. Code 2000.220 Security Required

The Director of Purchasing will require that a Bidder furnish bid or performance security on State contracts exceeding $10,000.00 in value. Whenever a bond is required, the bid request will clearly indicate the type and amount of security.

71 Ill. Adm. Code 2000.225 Form of Security

Security, unless otherwise specified, may be in the form of cashier's check, certified check, money order, irrevocable letter of credit or bond. Any bond must be issued by a surety company authorized to do business in the State of Illinois.

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.230 Amount

The Director of Purchasing will determine the amount, in percentage of contract price, that will adequately protect the Agency's interests. This percentage will be 10 percent unless the performance record of the bidder is deficient as determined in Section 2000.210 or a greater percentage is required to ensure completion of the project in accordance with the requirements of the invitation for bid.

71 Ill. Adm. Code 2000.235 Subsequent Requirement

A Bidder shall be required to furnish up to 100% performance security at his/her cost without prior notice, as determined by the Director of Purchasing, if it appears that delivery or production schedule cannot be met, quality is poor, responsibility is questioned and for similar reasons that bear upon the ability to perform the contract.

71 Ill. Adm. Code 2000.240 Security Allowances

a) Bid security will be required pursuant to Section 2000.220, but will not be required on negotiations, emergency or sole source procurements.

b) Performance security will be required pursuant to Section 2000.220, and will be required on contracts calling for advance payment.

71 Ill. Adm. Code 2000.245 Annual Security

A Bidder may submit a single or continuous security each year which will be applicable on all contracts of the Agency. When such security has been obligated in an amount equal to the sum of accumulated security requirements, additional security must be submitted.

71 Ill. Adm. Code 2000.250 Return of Security

Bid security will be returned to unsuccessful Bidders after award of the contract and issuance of a Notice to Proceed. The bid security of the successful Bidder will be returned after contracts have been signed and performance security, if any, submitted. Performance security will be returned upon full performance.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.255 Recording

a) Bid information, including opening date, general description of the procurement, names of Bidders and price information shall be entered in an abstract or record at time of opening.

b) The Director of Purchasing shall certify to the accuracy of the abstract or record. This abstract or record shall be available for public inspection following the award for a period of one year.

71 Ill. Adm. Code 2000.300 Award

Unless all bids are rejected, a notification shall be made in writing within the time allowed for acceptance to the responsible Bidder whose bid, conforming to the request for bids, will be most advantageous to the Agency, including but not limited to, price, low bid, ability to do work, regulatory provisions, special needs, responsiveness to bid request, fiscal constraints and other terms or conditions stated by bidder. The notification must be considered conditional upon favorable determination of any protest (see Subpart G of this Part).

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.310 Delay in Award

Should administrative difficulties, such as delay in approval from the Office of the Architect of the State Capitol, fiscal problems, acts of God, death of parties, and utility failures, be encountered after bid opening that may delay award beyond Bidders' acceptance periods, the responsive Bidders may be requested, before expiration of their bids, to extend the bid acceptance period (with consent of sureties, if any) in order to avoid the need for readvertisement.

History

• Source: Amended at 39 Ill. Reg. 2703, effective February 5, 2015

71 Ill. Adm. Code 2000.320 Cancellation of Invitation

Invitation for Bids may be cancelled prior to award or after consideration of protest and all bids rejected prior to award when such action is in the best interests of the Agency. Every effort shall be made to anticipate necessity of rejection to avoid additional procurement costs and exposure of bid prices. Reasons for rejecting all bids are:

a) Inadequate, ambiguous, or otherwise deficient specifications were cited in the Invitation for Bids.

b) The goods or services are no longer required.

c) The Invitation for Bids did not provide for consideration of all factors of cost to the Agency.

d) Bids received indicate that the needs of the Agency can be satisfied by a less expensive good or service differing from that on which the bids were invited.

e) All otherwise acceptable bids received are at unreasonable prices as compared to the estimated cost of the project.

f) The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith.

g) Time factors for delivery do not allow acceptance.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.330 Notice of Cancellation

When it is determined to reject all bids and to rebid the request, the Director of Purchasing shall notify each Bidder that all bids have been rejected, stating the reason for such action.

71 Ill. Adm. Code 2000.340 Rejection of Individual Bids

a) Any bid which fails to conform to the essential requirements of the Invitation for Bids, such as specifications, delivery schedule, or permissible alternatives thereto, shall be rejected as nonresponsive in addition to the reasons specified in subsection (c) of this Section.

b) Bids containing any material alteration or erasure will be rejected unless the change is initialed in ink by the Bidder. Samples submitted showing evidence of altering or removing manufacturer's label, logotype, model or serial number, or any other standard of the industry for identification, shall be due cause for rejection of the bid, unless alteration or removal is supported with justifiable documentation satisfactory to the Director of Purchasing.

c) A bid shall be rejected or considered an alternative bid where the Bidder imposes conditions which would modify requirements of the Invitation for Bids or limit liability to the Agency so as to give an advantage over other Bidders. For example, bids shall be rejected in which the Bidder:

1. Attempts to protect against future changes in conditions such as increased costs, if total price to the Agency cannot be determined for bid evaluation.

2. Fails to state a price and, in lieu thereof, states that price shall be "price in effect at time of delivery".

3. States a price but qualifies such price as being subject to "price in effect at time of delivery", or "price subject to change".

4. Where not authorized by the invitation, conditions or qualifies the bid by stipulating that the bid is to be considered only if, prior to date of award, Bidder receives (or does not receive) award under a separate procurement.

5. Limits rights of Agency under any contract clause. However, a low Bidder may be requested to delete objectionable conditions from the bid if these conditions do not go to the substance, as distinguished from the form of the bid. A condition goes to the substance of a bid where it affects price, quantity, quality, or delivery of the items offered.

d) Any bid may be rejected if the Agency determines in writing that it is unreasonable as to price.

e) Bids received from any person or concern debarred or ineligible shall be rejected if the period of debarment or ineligibility has not expired.

f) Low bids received from firms determined to be not responsible.

g) Where a bid security is required and a bidder fails to furnish it in accordance with the requirements of the Invitations for Bids.

h) After submitting a bid, if a Bidder transfers all of his/her assets or that part of his/her assets related to the bid during the period between the bid opening and the award, the transferee may not take over the bid except with permission of the Agency.

i) Any bid may be rejected if the bidder fails to provide any information which was requested in the Invitation for Bids. Criteria for rejection of a bid due to the failure of the bidder to provide any information which was requested in the Invitation for Bid could include, but not necessarily be limited to:

1. The difference in price between the bid received from this non-responsive bidder and a fully responsive bidder.

2. The time and effort required to obtain such information from the non-responsive bidder.

j) The originals of all rejected bids, and any written findings with respect to such rejection, shall be preserved along with the bids and other papers relating to the procurement.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.350 Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one which is a matter of form or pertains to some immaterial or inconsequential defect or variation of a bid from the exact requirement of the Invitation for Bids, the correction or waiver of which would not be prejudicial to other Bidders. The defect or variation in the bid is immaterial and inconsequential when its significance as to price, quantity, quality, or delivery is trivial or negligible when compared to the total cost or scope of the goods or services being procured. The Director of Purchasing shall either give the Bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive such deficiency, whichever is to the advantage of the Agency. Examples of minor informalities or irregularities of form include, but are not limited to:

a) Failure of Bidder to return the number of copies of signed bids required by the Invitation for Bids.

b) Failure of Bidder to sign its bid, but only if:

1. The unsigned bid is accompanied by other material indicating the Bidder's intention to be bound by the unsigned bid document, such as the submission of a bid guarantee, or a letter signed by the Bidder with the bid referring to and clearly identifying the bid itself; or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of document by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature.

c) Failure of a Bidder to acknowledge receipt of an amendment to an Invitation for Bids, but only if:

1. The bid received clearly indicates that the Bidder received the amendment, such as where the amendment added another item to the Invitation for Bids and the Bidder submitted a bid thereon; or

2. The amendment involves only a matter of form or is one which has either no effect or merely a trivial or negligible effect on price, quantity, quality, or delivery of the item bid upon.

71 Ill. Adm. Code 2000.360 Time of Award

After evaluation, the Director of Purchasing will determine and announce the apparent awardee. The award will not become final until any protest period has passed. If a protest is received, award will not be made final until the protest is resolved, unless immediate award is necessary to secure Agency needs. Performance prior to finalization of award or execution of contract is at Bidder's risk.

71 Ill. Adm. Code 2000.370 General

After the opening of bids, Director of Purchasing shall examine all bids for accuracy. In cases of apparent error and in cases where the Director of Purchasing has reason to believe that an error may have been made, he/she shall request from the Bidder a verification of the bid, calling attention to the suspected error. If the Bidder alleges an error, the matter shall be processed in accordance with Section 2000.350 of this Part. Such actions shall be taken prior to award.

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.400 Apparent Clerical Mistake

Any clerical mistake, apparent on the face of a bid, may be corrected by the Director of Purchasing prior to award, if the Director of Purchasing has first obtained from the Bidder verification of the bid actually intended. Examples of such apparent mistakes are: obvious misplacement of a decimal point; obviously incorrect discounts (for example, 1 percent 10 days, 2 percent 20 days, 5 percent 30 days); obvious reversal of the price f.o.b. (free on board) destination and price f.o.b. origin; and obvious mistake in designation of unit. Correction shall be reflected in the award document.

71 Ill. Adm. Code 2000.410 Other Mistakes Disclosed Before Award

Director of Purchasing is authorized, in order to minimize delay in contract awards, to make the administrative determinations described below in connection with mistakes in bids alleged after opening of bids and before award. The authority contained herein to permit correction of bids is limited to bids which, as submitted, are responsive to the Invitation for Bids, and may not be used to permit correction of bids to make them responsive.

a) A determination may be made permitting the Bidder to withdraw its bid where the Bidder requests permission to do so and clear and convincing evidence establishes the existence of a mistake.

b) If the evidence is clear and convincing both as to the existence of a mistake and as to the bid actually intended, and if the bid, both as uncorrected and corrected, is the lowest received, a determination may be made to correct the bid and not permit its withdrawal.

c) A determination may be made permitting the Bidder to correct the bid where the Bidder requests permission to do so and clear and convincing evidence establishes both the existence of a mistake and the bid actually intended. However, if such correction would result in displacing one or more lower acceptable bids, the determination shall not be made unless the existence of the mistake and bid actually intended are ascertainable substantially from the invitation and bid itself. If the evidence is clear and convincing only as to the mistake, but not as to the intended bid, a determination permitting the Bidder to withdraw his/her bid may be made.

d) If the evidence does not warrant a determination under subsections (a), (b), or (c) of this Section, a determination may be made that a Bidder may neither withdraw nor correct his/her bid.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.420 Processing Mistakes

a) Suspected or alleged mistakes prior to award shall be processed as follows:

1. Whenever the Director of Purchasing suspects that a mistake may have been made in a bid, he/she shall immediately request that the Bidder verify the request. Such request shall inform the Bidder why the request for verification is made, that a mistake is suspected and the basis for such suspicion; e.g., that the bid is significantly out of line with the next low or other bids or with the Agency's estimate. If the time for acceptance of bids is likely to expire before a decision can be made, the Director of Purchasing, shall request all Bidders whose bids may become eligible for award to extend the time for acceptance of their bids. If the Bidder whose bid is believed erroneous does not grant such extension of time and a decision cannot be reached before expiration of the time for acceptance, even if handled by telegraph or telephone as provided in subsection (d) of this Section, the bid shall be considered as originally submitted.

2. If the Bidder verifies his/her bid, the Director of Purchasing shall consider it as originally submitted. If the Bidder alleges a mistake, the Director of Purchasing shall advise him/her to support his allegation by statements concerning the alleged mistake and by all pertinent evidence, such as the Bidder's file copy of the bid, his/her original worksheets and other data used in preparing the bid, subcontractors' and suppliers' quotations, if any, published price lists, and any other evidence which will serve to establish the mistake, the manner in which it occurred, and the bid actually intended.

b) If a mistake is disclosed after award the Agency shall advise the Bidder to support the alleged error by written statements and by all pertinent evidence, such as the Bidder's file copy of the bid, his/her original worksheets and other data used in preparing the bid, subcontractors' and suppliers' quotation (if any), published price lists, and any other evidence which will serve to establish the mistake, the manner in which it occurred, and the bid actually intended.

c) Where the Bidder furnished evidence in support of an alleged mistake, the Director of Purchasing shall consider:

1. All evidence furnished by the Bidder.

2. The bid, the Invitation for Bids, and any specifications or drawings relevant to the alleged mistake.

3. The abstract or record of the bids received.

4. A contract if any.

5. A written statement setting forth:

A) The expiration date of the bid in question and of the other bids submitted;

B) Specific information as to how and when the mistake was alleged;

C) A summary of the evidence submitted by the Bidder;

D) In the event only one bid was received, a quotation of a recent contract price for the supplies or services involved, or, in the absence of a recent comparable contract, the estimate of a fair price for the supplies or services and the basis for such estimate;

E) Any additional evidence considered pertinent including copies of all correspondence between the Agency and the Bidder concerning the alleged mistake; and

F) The course of action with respect to the bid that the Director of Purchasing considers proper on the basis of the evidence.

d) Where the Bidder fails or refuses to furnish evidence in support of a suspected or alleged mistake, the Director of Purchasing shall consider the bid as submitted unless the amount of the bid is so far out of line with the amounts of other bids received or with the amount estimated by the Agency or determined by the Agency to be reasonable, or there are other indications of error so clear, as reasonable to justify the conclusion that acceptance of the bid would be unfair to the Bidder or to other bonafide Bidders, in which case it shall be rejected. The attempts made to obtain the information required and the action taken with respect to the bid shall be fully documented.

71 Ill. Adm. Code 2000.430 Incorrect Procedures

If, for any reason, the Director of Purchasing makes an award that is procedurally incorrect and if it determines not to overturn the award, the protesting Bidder that should have received the award may only claim as damages the reasonable cost of bid preparation, such as labor, postage, photocopies, etc. An explanation of such procedural errors will be filed with the Department of Central Management Services and with the Auditor General.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.500 Terms and Conditions of Transactions

The following terms and conditions, or substitute language proposed by the Bidder and acceptable to the Agency, whether in a contract form or not, shall apply to any contract resulting from these procedures:

a) Entire Agreement – These terms and conditions, together with the Invitation for Bids, other written representation of Bidder, and all sheets or documents as are made a part hereof, shall constitute the entire present agreement between the parties.

b) Modifications – No change in, addition, or waiver of the items, conditions and specifications contained herein shall be a binding obligation on the Agency unless approved in writing by its authorized representative.

c) Warranties – Bidder makes the following warranties to Agency and its customers and the users of the goods or services herein described in the bid:

1. It will, at the date of delivery, have good title to any and all goods supplied hereunder, and said goods will be free and clear of any and all liens and encumbrances,

2. Any and all goods supplied hereunder will be merchantible quality and fit for the particular use intended,

3. Will be free from defects, whether patent or latent in material or workmanship, and will be in full conformity with the specifications contained herein.

4. Bidder agrees that the foregoing warranties shall survive acceptance of the goods, and that said warranties shall be in addition to any warranties of additional scope given to Agency by Bidder. The warranty in subsection (2) above may be modified if expressly brought to the attention of the Agency and an acceptable substitute offered.

d) Governing Law – The contract formed pursuant to the terms, conditions and specifications of the Invitation for Bids and the obligations thereby imposed on Bidder and Agency shall be governed by and construed according to the laws of the State of Illinois. Bidder represents and agrees that the goods herein described have not been or will not be manufactured, sold, priced or transported in violation of any federal, state or local law or any lawful order, rule or regulations issued thereunder.

e) Assignment – Bidder shall not assign such contract without the written consent of the Agency by the Director of Purchasing.

f) Equal Employment Opportunity – In the event of the bidder's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act (Ill. Rev. Stat. 1991, ch. 68, pars. 1-101 et seq.) or the Rules of the Illinois Department of Human Rights (44 Ill. Adm. Code 750) ("Department"), the Bidder shall be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract shall be cancelled or voided in whole or in part, and such other sanctions or penalties shall be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Bidder agrees as follows:

1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service, and further that it will examine all job classifications to determine if minority persons or women are under-utilized and will take appropriate affirmative action to rectify any such under-utilization.

2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized.

3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service.

4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Bidder's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the Bidder in its efforts to comply with such Act and Rules, the Bidder will promptly so notify the Department and the Agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder.

5. That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the Agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules.

6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the Agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules.

7. That it will include verbatim or by reference the provision of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Bidder will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the Agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

g) Other Terms and Conditions – Any terms and conditions not set forth herein shall be as specified in the request for proposal or invitation for bid and/or the resulting contract.

h) Anti-Bribery – By signing the bid or contract, the bidder certifies that he/she has not bribed or attempted to bribe an officer or employee of the State of Illinois.

i) Insurance – Each bidder shall carry full workers' compensation insurance and public liability insurance sufficient to protect the Agency's interests.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.510 Modification

Contracts may be changed or modified only by amendments signed by all parties to the original contract and approved by the Agency with procurement authority. Amendments may pertain to parties, scope of work, time-frame, terms or price but should be allowed only for valid consideration. Price amendments to other contracts may be in amount necessary to accomplish the Agency's needs. Typographical errors may be corrected or other minor changes made on the contract form if those corrections or changes are initialed by the party to be bound.

71 Ill. Adm. Code 2000.520 Fiscal Year Contracting

The state fiscal year is July 1 to June 30 of the following calendar year. If a contract is signed before June 30, and performance occurs on or after July 1 and before September 30, payment may be made from funds of the fiscal year in which the contract was obligated in accordance with "An Act in relation to State finance" (Ill. Rev. Stat. 1991, ch. 127, pars. 137 et seq.).

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.530 Contracts Spanning Fiscal Years

All contracts may span fiscal years but must contain a clause that terminates the Agency's obligations immediately and without further payment being required if the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available, funds for the contract.

71 Ill. Adm. Code 2000.540 Prevailing Wage Required

a) No Bidder will be awarded a contract for construction on public works unless its employees are paid wages and benefits and are working under conditions prevalent in the location where the work is to be performed.

b) Prevailing wage and conditions prevalent means the hourly wages plus fringe benefits for health and welfare (such as, unemployment compensation, workman's compensation, liability insurance and health insurance), insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character, as determined by the Department of Labor (Ill. Rev. Stat. 1991, ch. 48, par. 39s-2).

c) Prevailing wage rates, benefits and conditions will be those in effect on the first date of the contract, provided that if the rate changes during the contract term and the amount of change is known before execution of the contract, then the contract rate will reflect the change in rate. Any increases in costs to the contractor due to changes in the prevailing rate of wages or labor law during the term of any contract shall be at the expense of the contractor and not at the expense of the Secretary of State.

History

• Source: Amended at 16 Ill. Reg. 10068, effective June 15, 1992

71 Ill. Adm. Code 2000.550 Full Compliance

By submitting a bid the Bidder agrees to comply with all applicable laws and rules and with the specific requirements set forth in the Invitation for Bids. A waiver of a requirement on one occasion will not be construed as a waiver on subsequent occasions unless a written directive indicates the waiver as permanent.

71 Ill. Adm. Code 2000.560 Cancellation for Material Breach of Contract

In any of the following cases the Director of Purchasing shall terminate or rescind any contract entered into under this Part for the following reasons, unless it is in the best interest of the Agency to continue the contract because of the need to complete the work and/or the financial advantage to the Agency:

a) In the event the successful Bidder fails to furnish the required performance bond within the time specified.

b) In the event Bidder fails to make delivery or complete the work at the place or within the time specified in the contract or subsequently upon the failure of bidder to meet the original scheduling requirements as ordered by the Director.

c) In the event any goods or services provided under the contract are rejected (for not meeting specification, not conforming to sample, or not being in good condition when delivered) and are not promptly replaced by the Bidder. If there are repeated rejections of the Bidder's goods or service this shall be grounds for termination or rescission even though the Bidder offers to replace the goods or services promptly. Promptness shall be determined by the Director of Purchasing considering the availability of items, goods or services, and needs of the agency.

d) In the event the Bidder is guilty of misrepresentation in connection with the contracting or subcontracting of another contract for the sale of goods or services to the Agency that he/she cannot reasonably be depended upon to fulfill his/her obligations as a responsible Bidder under any of his/her contracts with the Agency.

e) In the event the Bidder should be adjudged bankrupt; enter into a general assignment for the benefit of his/her creditors or receivership due to insolvency; or disregard laws and ordinances, rules, regulation, or instructions of a purchasing official; or act in violation of any provision of the contract or these regulations; or if the contract conflicts with any statutory or constitutional provision of the State of Illinois or of the United States.

f) In the event of any other material breach of contract or other unlawful act by the Bidder such as fraud, theft, misrepresentation, embezzlement, racketeering, consumer fraud, or similar statutes of Illinois or the United States.

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.570 Cancellation for Fraud, Collusion, Illegality, Etc.

a) The Director of Purchasing shall cancel any contract if it is established that there is sufficient evidence, by the preponderance of the evidence, to show that

1. The contract was obtained by fraud, collusion, conspiracy, or other unlawful means, or

2. The contract conflicts with any statutory provision of the State of Illinois or of the United States.

b) The Director of Purchasing will notify the Attorney General of the facts upon which such termination or rescission is based in order that he/she may take such action as he/she deems appropriate.

71 Ill. Adm. Code 2000.580 Withholding Monies to Compensate State for Damages

If a contract is terminated or rescinded pursuant to this Part, the Agency shall deduct from whatever is owed the Bidder on that or any other contract an amount sufficient to compensate the State of Illinois for any damages suffered by it because of the Bidder's breach of contract or other unlawful act on his/her part on which the cancellation is based.

71 Ill. Adm. Code 2000.590 Damages

The damages for which the Agency may be compensated as provided in Section 2000.580 or by a suit on the Bidder's performance bond or by other legal remedy shall include, but is not limited to the following:

a) The additional cost of goods or services bought elsewhere.

b) Cost of repeating the procurement procedure.

c) Any expenses incurred because of delay in receipt of goods or services, and

d) Any other damages caused by the Bidder's breach of contract or unlawful act, such as theft, fraud, misrepresentation, embezzlement, racketeering, consumer fraud, or similar statutes of Illinois or the United States.

71 Ill. Adm. Code 2000.600 General

The Director of Purchasing shall consider all protests or objections regarding a procurement action which are timely submitted. If the protest or objection is oral and cannot be immediately resolved, written confirmation must be timely submitted as shown below. If the written protest is not received by the time specified, the oral protest may be disregarded and award may be made in the normal manner. Each protest or objection must contain a full and concise statement of the facts and circumstances of the action which is alleged to be objectionable, why the action is objectionable legally or otherwise and a statement of the relief sought. The Director of Purchasing may require additional details if the protests or objection fails to meet the requirements listed in this Section. Failure to supply information requested by the Director of Purchasing will be cause for dismissal of the protest.

71 Ill. Adm. Code 2000.610 Time/Place for Protest or Objections

Written protests or objections regarding a procurement action or decision must be received by the Director of Purchasing at his/her office within seven calendar days of the award of the contract.

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.620 Suspension of Award

Where a written protest against the making of an award is received, award shall not be considered final until the matter is resolved unless the Director of Purchasing determines that:

a) The items or services to be procured are urgently required to meet the immediate needs of the Agency to avoid impairing the duty, functioning and responsibility of the Agency; or

b) Delivery or performance will be unduly delayed by failure to make award promptly due to inability to resolve the protest.

History

• Source: Amended at 10 Ill. Reg. 19104, effective October 27, 1986

71 Ill. Adm. Code 2000.630 Evaluation of Protest or Objection

The Director of Purchasing shall immediately investigate the allegations against the procurement action. The nature of the allegations will determine the investigative procedure utilized:

a) In all actions suspending or debarring a Bidder, the Bidder will be required to submit a written statement as required above. After investigation of the allegations, the Director of Purchasing will issue a written final decision.

b) In all other procurement actions, such as contract interpretation or termination, bid procedures, specifications or evaluations, the Bidder will be required to submit a written statement as required above. The Director of Purchasing will investigate the allegations and will issue a final written decision.

71 Ill. Adm. Code 2000.640 No Rights Conferred

Receipt of an Invitation for Bids or submission of a bid confers no rights to receive an award nor obligates the Agency in any manner.

71 Ill. Adm. Code 2000.650 Attempt to Influence Award

No person on a Bidder's list or who submits or intends to submit a bid shall give or offer to give, directly or indirectly, any money, article, or other thing of value to any Agency officer or employee which gift is intended in any manner to influence the award or administration of an Agency contract. Violation of this provision will result in suspension from bidding, and may result in debarment depending upon the size of the gift, the size of the contract, whether a criminal action is initiated, or a conviction occurs, or to whom the gift is offered, and whether such gift-giving is a standard cause of conduct by the Bidder.

71 Ill. Adm. Code 2000.660 Collusive Bids

No person shall agree with another to restrain the competitive procurement process by fixing prices, agreeing not to submit bids or by any other means. If it appears that there is a reasonable basis for believing such an agreement exists, the Director of Purchasing shall immediately contact the Attorney General. If the low price appears to have been arrived at by collusion, award will be suspended until the Attorney General notifies the Director of Purchasing of the appropriate action.

71 Ill. Adm. Code 2000.700 Identical Bids

If the Director of Purchasing obtains two or more identical bids in a response to an Invitation for Bids, it shall inform the Attorney General of such facts, in writing within 30 days following the disposition of all bids received in response to an Invitation, whether by the awarding of contracts or other action, in such form and manner as prescribed by the Attorney General.

71 Ill. Adm. Code 2000.710 Severability

If any provision of this Part or any application thereof is held invalid, such invalidity shall not affect other provisions or applications of this Part which can be given effect without such invalid provision or application.

Part 2005 Public Use of the Capitol Complex and Springfield Facilities

71 Ill. Adm. Code 2005.10 Applicability

This Part is applicable to the use of the Stratton Building, the Visitors' Center, the Supreme Court Building, the Capitol Building, the Willard Ice Building, the Department of Driver Services Building, the Howlett Building, the State Library, the Archives Building, Driver's License Facility Mechanical Services Building at 316 North Klein, Klein and Mason Warehouse, Power Plant at 315 North Klein, Court of Claims, Appellate Court at 201 West Monroe, the Warehouses at 3701, 3710 and 3765 Winchester Road, the Index Department at 111 East Monroe, the Emergency Services at 110 East Adams, the Securities Department at 421 East Capitol, #2, the Secretary of State Police at 110 East Adams, the Herndon Building at 421 East Capitol, Property Control at 319 North Klein, and the grounds of those buildings, pursuant to Section 5 of the Secretary of State Act [15 ILCS 305/5]. Nothing in this Part gives the Director authority over the use of the rooms governed by the General Assembly including the Chambers, meeting rooms, committee rooms, or offices of the General Assembly.

History

• Source: Amended at 47 Ill. Reg. 17881, effective November 16, 2023

71 Ill. Adm. Code 2005.20 Definitions

"Building" means the Stratton Office Building, Visitors' Center, the Capitol Building, the Howlett Building, and other buildings named in Section 2005.10, in Springfield, Illinois.

"Capitol Complex" means all buildings, grounds, and parking lots identified in this Part with boundaries being Washington Street, Third Street, Cook Street, and Pasfield Street in the City of Springfield, based upon Section 3.08 of the Space Needs Act [25 ILCS 125/3.08].

"Commercial Activity" means an activity whose primary purpose is to obtain a profit for the benefit of an individual or business entity organized for profit and shall not include the solicitation of donations by anyone during a demonstration or for charitable purposes, as defined by the Charitable Trusts Act [760 ILCS 55] and Solicitation for Charity Act [225 ILCS 460].

"Demonstration" means demonstrating, picketing, marching, rallying, selling non-commercial printed matter or materials, moving in procession, holding of vigils, singing, chanting, or shouting in a loud voice of the type that could interfere with the business conducted in the building, and all other forms of public demonstrative activity that involve the communication or expression, orally or by conduct, of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd or onlookers within 100 feet of the buildings named in Section 2005.10, on the Capitol Complex grounds, or within the building or the Capitol. Demonstration shall also mean demonstrating, parading, picketing, speechmaking, holding of vigils, sit-ins, or other activities, conducted for the purpose of demonstrating approval or disapproval of governmental policies or practices (or the lack thereof), expressing a view on public issues, or bringing into public notice any issue or other matter. However, nothing in this Part shall be construed to govern lobbyists or lobbying as defined by the Lobbyist Registration Act [25 ILCS 170], nor shall a demonstration mean the peaceful contact or discussion by one or more persons with elected representatives during a legislative session, or with executive branch officials, concerning their view on a public or personal issue.

"Director" means the Director or Acting Director of the Department of Physical Services of the Office of the Secretary of State of Illinois.

"Food Truck" means a vehicle equipped to cook and sell food that has a valid, local mobile food service permit.

"Government Photo Identification Card" shall mean:

An identification card issued by the Illinois General Assembly, an employee identification card issued by an Illinois State agency, or an employee identification card issued by the Secretary of State.

"Grounds" shall mean the grass areas, garden areas, and all parking areas in the Capitol Complex.

"Interfere" or "Interference" shall mean the type of conduct that by its nature tends to hinder, disrupt, or obstruct the orderly function of the official enterprises being carried on in the building or on the land of the building or Capitol Complex.

"Special Events Division" means the division within the Secretary of State's Department of Physical Services responsible for issuing permits for demonstrations or public displays within and upon the Capital Complex.

"Structure" shall mean anything, built by any person or persons, of any material or substance, for purposes of display, residence, or as part of a demonstration. This term shall not refer to anything built pursuant to a State contract for construction, remodeling, or repair of any State property within the Capitol Complex or the buildings defined in Section 2005.10.

History

• Source: Amended at 50 Ill. Reg. 4368, effective March 4, 2026

Chapter IV Secretary of State

Part 2005 Public Use of the Capitol Complex and Springfield Facilities

71 Ill. Adm. Code 2005.30 Business Hours, Holidays, and Public Access

a) The public business hours of the Capitol Complex buildings are 8 a.m. to 5 p.m. unless otherwise posted, Monday through Friday, except holidays declared by the Governor pursuant to Section 5-635 of the Civil Administrative Code of Illinois [20 ILCS 5], and on weekends and holidays between 9 a.m. and 3 p.m. for purposes of public Capitol building tours only. When the General Assembly is in session, or when the start of a committee meeting or session for either chamber is scheduled to commence before or adjourns after public business hours, the public business hours will begin one hour before the earliest committee meeting or session, and will end one hour after the adjournment of the last committee meeting or session in whatever building the legislative function is held.

b) The following are observed holidays for the Capitol Complex: New Year's Day, Martin Luther King, Jr. Birthday, Lincoln's Birthday, Washington's Birthday (President's Day), Easter Sunday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans' Day, Thanksgiving and the following day, Christmas Eve, and Christmas Day.

c) Entrance to any building identified in Section 2005.10 during times other than stated in subsection (a) is prohibited, except for the following persons who shall be admitted to office areas assigned to them for their use in carrying out their official duties:

1. members of the General Assembly;

2. employees of the General Assembly;

3. employees of the executive departments whose offices are in the building;

4. representatives of news media who have offices in the Capitol Building;

5. any authorized maintenance, repairer, contractor, or other service employee, while performing duties that have been arranged for by the Department of Physical Services or the Office of the Architect of the Capitol (OAC); and

6. any person who is specifically requested to enter any building or office by an authorized individual listed in subsections (c)(1) to (4).

d) Proper identification of all persons, such as a press pass, government photo identification card, a driver's license, or other document that shows the identity of the person, may be demanded by security personnel, and employees may be required to sign in and out of a building after 5 p.m. and before 7 a.m. Only one entrance shall be open after public business hours.

1. Factors to be considered in determining that identification will be requested include, but are not limited to:

A) the security guard or investigator does not recognize the individual;

B) the behavior of the individual; and

C) accessibility to office areas, work areas, and restricted-access areas.

2. All members of the General Assembly, legislative staff, and State employees with government photo identification cards entering the buildings of the Capitol Complex will be required to wear their government photo identification card where it can be easily seen at all times when it has been determined by the Director of the Department of Police that security concerns warrant that display. All visitors to the Capitol Complex who do not possess a government photo identification card will be required to submit themselves to security screening measures prior to entry.

e) All persons and vehicles entering the Capitol Complex and its buildings may be subject to search, including, but not limited to, inspection of vehicles, trunks, parcels and packages, metal detector screening, X-Ray scans, and inspection of bulky personal items brought into the Capitol Complex.

f) Parking for the public is not available on the Capitol Complex. Parking in the parking lots of the Capitol Complex is by parking permit only. All persons are prohibited from parking in assigned parking spaces without the appropriate permit. Employees and members identified as working within the Capitol Complex must park only in the parking spot assigned by their employer, with the parking placard visible in the vehicle. Parking in a spot without the appropriate parking placard clearly visible shall result in a parking citation issued by the Office of the Secretary of State Department of Police prescribed in Section 2005.80(c). Parking for the public is authorized in the visitor's lot located on Edwards Street between College Street and Pasfield Street.

g) Firearms, firearm ammunition, knives, razors or other blade instruments, stun guns or tasers, explosive devices, flammable, corrosive or explosive compounds, incendiary devices, irritants or noxious compounds (e.g., tear gas or pepper spray), toy or dummy weapons, all contraband, and any other items considered inappropriate or that could be used as a weapon are prohibited. The Director of the Department of Police may permit exemptions to these prohibitions for law enforcement, military, and ceremonial personnel who are performing their official duties.

h) Emergency personnel who are responding to a genuine emergency situation within the Capitol Complex are not subject to screening or searches.

i) Public access to any building or area of the grounds may be restricted if it is determined by the Director of the Department of Police that a situation has arisen that threatens the security of persons and buildings within the Capitol Complex.

History

• Source: Amended at 49 Ill. Reg. 5978, effective April 15, 2025

71 Ill. Adm. Code 2005.40 Prohibited Activities

a) No animals, except service animals to assist persons with disabilities, or animals utilized by police officers and firefighters in the performance of their official duties, shall be permitted in the buildings in the Capitol Complex.

b) No person or organization shall camp, erect a tent, fixture, whether or not affixed to the grounds (except as authorized by the Secretary of State or General Assembly to commemorate a deceased public official or a historical event), structure, portable toilet, platform, sign, or similar device on the grounds of or within the State Capitol, Visitors' Center, the State Library, the Howlett Building, or the Stratton Building, except as provided in subsection (i). No person shall sleep or shelter on the Capitol Grounds in a manner or place that may create a fire hazard or threaten the property or safety of any person on the Capitol Complex.

c) No person or organization shall block, obstruct, or impede any doorway, stairway, corridor, ventilation duct, or elevator in or on the Capitol Complex.

d) No demonstrations are allowed above the first floor of the Capitol Building; this includes singing, chanting, or shouting in a loud voice in such a manner that could interfere with the business conducted in the building.

e) No banners, posters, placards, signs, or symbols may be carried above the first floor of the Capitol Building. No sticks, poles, or laths may be used to carry any sign or placard into the buildings. No chains or ropes may be carried into the buildings, except by authorized workers and State employees, with the permission of the Director.

f) No person or group of persons may use any electronic loudspeaker, bullhorn, or other amplifying device within the Capitol Complex buildings or grounds, unless prior permission of the Director is obtained pursuant to Section 2005.50(d). Permission will be granted for demonstrations only.

g) No banners, posters, placards, signs, or symbols may be affixed in any way by any person to the railing of the second, third, or fourth floor of the State Capitol Building. No banners, posters, placards, signs, or symbols for demonstration purposes may be affixed in any way to the walls, railings, floors, or ceilings of any of the buildings in the Capitol Complex.

h) No banners, posters, placards, signs, or symbols may be displayed within the Capitol Complex buildings or grounds for more than two weeks within a six-month period.

i) No displays or structures (including tents) in Capitol Complex buildings or grounds may be erected without the permission of the Director pursuant to Section 2005.50(d). Permission shall be granted only if the display structure is part of symbolic expression in the exercise of free speech guaranteed by the First Amendment to the United States Constitution and Article I, Sections 4 and 5 of the 1970 Illinois Constitution. No more than 2 tents or small structures may be erected at the location designated by the Director. The location shall not impede pedestrian or vehicular traffic or substantially damage Capitol Complex grounds (e.g., damage to grass or grounds that would require replacement). The only locations that are authorized for structures and displays shall be the paved areas between the Howlett Building and the Capitol Building, in the north front of the Howlett Building, between the Stratton Building and the Archives Building, and in the Capitol Rotunda pursuant to Section 2005.60(i). No structures or displays will be placed on grass areas that have an underground watering system on them.

j) The display of commercial signs, placards, or other forms of advertisement, or the sale, display, or vending of commercial products or articles in Capitol Complex buildings or grounds is prohibited, except pursuant to a contract with a unit of State government.

k) The noise level from demonstrators, picketers, and protesters of any group or groups, or as individuals, within the Capitol Building rotunda must not exceed 75dB(A). If the noise level from these persons exceeds this limit, the Director or the Director of the Department of Police, or a designee, shall direct all persons to decrease the noise, or to reduce the number of people, within the Capitol Building to lower the noise level to the specified level, which must not exceed 75dB(A).

l) No person or organization shall damage, destroy, remove, deface, defile, tarnish, or injure in any way State property within Capitol Complex buildings or grounds. All persons and organizations engaging in this type of prohibited activity will be responsible for all costs, expenses, damages, and liability resulting from their own actions or the actions of persons or organizations controlled or directed by them at the time of the damage to State property.

m) No smoking, vaping, or use of electronic cigarettes is permitted in any building or structure in the Capitol Complex.

n) No skateboard riding, rollerblading, recreational scooter riding, or skating is allowed on the Capitol Complex. The riding of bicycles is permitted only in parking lots of the Capitol Complex and not on any Capitol Complex sidewalks or pathways.

o) No masks that cover a person's face may be worn on the Capitol Complex grounds or within any of the Capitol Complex buildings with the exception of the following:

1. Masks designed to cover the nose and mouth for the purposes of preventing the spread or contraction of a respiratory infection;

2. Religious head or face coverings when worn in accordance with sincerely held religious beliefs;

3. Masks required to protect a worker while completing a construction task; or

4. Hazmat or other masks worn by first responders.

p) No person may operate an unmanned aerial vehicle (UAV), unmanned aircraft system (UAS), or device more commonly referred to as a "drone" on or from the Capitol Complex grounds or within the Capitol Complex buildings, except as permitted under Section 2005.65(d).

q) No parking is allowed in permit-only parking lots on the Capitol Complex without a personally assigned parking placard. A violation of this subsection will result in a parking citation as prescribed in 2005.80(c). Parking for the public is authorized in the visitor's lot located on the Capitol Complex.

History

• Source: Amended at 47 Ill. Reg. 17881, effective November 16, 2023

71 Ill. Adm. Code 2005.50 Demonstrations

a) The holding or conducting of any demonstration, public meeting, gathering, or parade on or in the buildings or their grounds is prohibited unless a permit for that activity is issued by the Director. To apply for a permit, a Special Events form (https://www.ilsos.gov/publications/pdf_publications/bg56.pdf) must be submitted electronically to the Department of Physical Services, Special Events Division via email (SpecialEventRequest@ilsos.gov) at least 48 hours in advance of the event to be scheduled, unless the requestor can show by the preponderance of the evidence that the cause or reason for the requested demonstration, meeting, gathering or parade was not known, contemplated or reasonably foreseeable, resulted from changed circumstances, or was not in existence within those 48 hours, except that no such request shall take precedence over an activity that was previously scheduled by the Director.

b) The Special Events form must state the name of the individual, organization, association, society, fraternity, sorority, club, or other group seeking to use the building or the grounds. The request must list the event contact person, telephone numbers and address. Additionally, the building or facility desired to be used, the dates and times sought, equipment to be used or supplied, and the estimated number of participants shall be provided by the applicant. The permit will only be valid for the date and time approved by the Director and does not allow the group to demonstrate at any date or time other than that which has been approved.

c) Any group seeking a permit under this Section must have a minimum of one usher per 25 participants. Ushers shall be identified by insignia and their identities disclosed to security or police officials prior to the demonstration. The usher's duties shall include making certain, to the best of that person's ability under the circumstances, that the conditions of the permit are met, that the group and participants comply with the rules, that the demonstration remains peaceful and orderly, and that the participants remain within the physical boundaries of the permit.

d) The Director will issue a permit to an applicant unless the Director determines the intended activity will:

1. Unreasonably interfere with the movement of vehicular traffic in the parking lots of the Capital Complex or persons within the buildings or on the grounds;

2. Not occur in the area designated and will create or cause a health or safety hazard and will impede substantially the performance of public business to be conducted in the area;

3. Endanger the health or safety of the permit applicants or other persons;

4. Be a commercial activity or a fundraiser for an entity that is not a not-for-profit registered with the Secretary of State under 14 Ill. Adm. Code 160; or

5. Conflict in date, time, and place with a previously scheduled activity of another applicant or a government agency. All Special Events forms are considered received based on the date and time of the receipt of the email and permits are issued on a first-come, first-served basis.

e) Applicants may also be denied a permit if past demonstrations involving their organization/individuals have resulted in removal, arrest, or other substantial violation of this Part.

f) Applicants denied a permit may modify their request to meet the objection and concerns of the Director and may resubmit their application for consideration.

g) A Special Events form electronically submitted to the Special Events Division shall be considered an application. A written response, via email from the Director or a designee approving part or all of the application, is considered the permit. The written response will state the reasons for denying, in whole or in part, the request. The Director or a designee is required to show by the preponderance of the evidence that an unreasonable interference will occur or is occurring if the request is denied in whole or in part.

h) A person or organization denied a permit in whole or in part may appeal the denial to the Secretary of State. The appeal shall be in writing in an email to SpecialEventRequest@ilsos.gov, and must state the specific reasons why the decision of the Director or the Director of the Department of Police is faulty and what relief is sought. The appeal must be submitted at least 24 hours prior to the time of the requested demonstration to allow the Secretary of State time within which to consider and decide the appeal. The Secretary of State's decision will be in writing via reply email and be made 48 hours after the appeal is received and at least 2 hours prior to the requested demonstration's time of starting. The Secretary of State's decision shall be final for the purposes of the Administrative Review Law [735 ILCS 5/Art. III].

i) Permitted demonstrations may be canceled without prior notice by the Director of the Department of Police if security concerns warrant such an action or if the Illinois Department of Public Health determines that a public health concern exists.

j) Groups may be subject to time changes or cancellation if it is determined that the scheduled activity will unreasonably interfere with the legislative process or business within the Capitol Complex.

History

• Source: Amended at 47 Ill. Reg. 17881, effective November 16, 2023

71 Ill. Adm. Code 2005.60 Use of Building for Non-Demonstration Activity or Fund-Raising Events

a) Not-for-profit organizations that apply to sell baked goods or other items with a price not to exceed $50.00 in the Capitol Complex buildings shall submit a Special Events form to the Department of Physical Services, Special Events Division at least 48 hours in advance of the desired start of their sale and in the same manner as outlined in Section 2005.50. The application must state the name of the organization, the date requested for the sale or activity, the location requested, and any alternative dates and locations.

1. Only one activity at a time will be approved by the Director for each location.

2. The only locations allowed for the sales are the northwest lobby of the Howlett Building, the area on the south side of the Stratton Building Cafeteria, and the designated first-floor hallway area at the Department of Driver Services Building at 2701 South Dirksen Parkway.

3. Sales may occur only during the public business hours.

4. The Director will only approve applications to sell submitted by not-for-profit organizations, who must submit a copy of the organization's tax-exempt number form. No organization without a tax-exempt number will be allowed to sell in the areas designated.

5. If a not-for-profit organization is not authorized to transact business in the State of Illinois, as determined by the Secretary of State Department of Business Services, the application will be denied.

b) No commercial activity, including but not limited to selling real estate, automobiles, or insurance, is allowed in the Capitol Complex buildings.

c) No alcohol or alcoholic beverages are allowed to be sold, consumed, delivered, or used in the buildings, except as permitted by Section 6-15 of the Liquor Control Act of 1934 [235 ILCS 5].

d) All organizations that are permitted to use the Capitol Complex or the buildings shall indemnify the State and the Secretary of State from any injury or damage caused by their members' or participants' negligence or willful misconduct. The members who cause the damage or injury are primarily responsible. The organization must also restore the used areas to their pre-use appearance and condition, less reasonable wear and tear, and the Director is the final decision-maker on the cleanup of the used area. This subsection applies to those organizations listed in subsection (a) and any other organization receiving permission from the Director to use the specified buildings for meetings or parties.

e) All Special Events forms requesting use of Capitol Complex buildings or grounds shall be submitted to the Special Events Division at least 48 hours in advance of the proposed starting time of the activity.

f) Decorations cannot be applied by tape, glue, or any type of adhesive material to any part of the building, unless special arrangements have been made and approved by the Special Events Coordinator. No candles, confetti, or balloons are allowed. No smoke or fog machines are permitted. Any other special effects equipment must have prior approval of the Special Events Division.

g) No on-site cooking or warming of food with flames or burners, such as grilling or the use of Sterno or other canned heat, is permitted in the Capitol Complex or on the grounds, except as permitted under subsection (j).

h) Permitted uses of the Capitol Complex may be canceled without prior notice by the Director of the Department of Police if security concerns warrant that action.

i) Any entity that contacts the Special Events Division to erect a display in the Capitol building rotunda between Thanksgiving and New Year's Day shall be granted a permit to do so on a first-come, first-served basis with a total limit of 5 displays permitted at a time. A request for a display in any calendar year may be made any time on or after January 2 of the same calendar year. The displays, if applicable, must meet the following requirements:

1. Any lights used in the displays must be LED lights;

2. Decorations must be unbreakable or sufficiently secured to avoid damage;

3. Any required equipment to set up or operate the display shall be provided by the entity;

4. Displays must be assembled by the entity seeking to place the display; and

5. Assembly and disassembly of the display must be coordinated with the Special Events Division for a business day.

j) No more than two food trucks per calendar day may provide food and nonalcoholic beverages to individuals at the Department of Driver Services Building at 2701 South Dirksen Parkway, provided that the owner or operator of the food truck receives a permit from the Director of Physical Services to operate on a particular day. All food preparation shall be contained within the food truck and the food truck operator shall be responsible for removing all food waste and trash associated with the food truck operations. All water and other utility requirements shall be provided by the food truck operator. The designated food trucks may only be located in an area designated by the Director from 11 a.m. through 2 p.m. on the permitted day. If the Director of Driver Services, Director of Physical Services, or Director of the Department of Police, or their designees, determine that a food truck is interfering with Secretary of State daily operations or is causing a disturbance, the food truck may be asked to leave the premises for the remainder of the day.

History

• Source: Amended at 47 Ill. Reg. 17881, effective November 16, 2023

71 Ill. Adm. Code 2005.65 Operating Unmanned Aircraft on the Capitol Complex

a) The purpose of these rules is to make sure the use of unmanned aircraft on the Capitol Complex is managed in a safe and secure manner and to protect the buildings and people on the Capitol Complex. For this reason, the Capitol Complex is closed to launching, landing, or operating unmanned aircraft, subject to the conditions and exceptions in subsection (d).

b) Definitions That Apply to This Section

1. "Department" means the Illinois Secretary of State Department of Police.

2. "Director" means the Director of the Illinois Secretary of State Department of Police.

3. "National airspace system" means the airspace, navigation facilities, and airports of the United States.

4. "Capitol Complex" means all State-owned or State-occupied buildings, grounds, and parking lots identified in this Part with boundaries being Washington Street, Third Street, Cook Street, and Pasfield Street in the City of Springfield and includes the buildings and spaces listed in Section 2005.10. For the purposes of this specific Section, the definition also includes the airspace of the Capitol Complex.

5. "Unmanned aircraft" means a system or device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, or communication links). This term includes all types of systems or devices that meet this definition that are used for any purpose or activity, including but not limited to governmental, private, recreational, or commercial uses. Some examples of unmanned aircraft include, but are not limited to, model airplanes, quadcopters, and drones.

c) Use of Unmanned Aircraft is Prohibited. Launching, landing, or operating an unmanned aircraft from, on, or within the boundaries of the Capitol Complex is prohibited but for the exceptions in subsection (d) below.

d) Exceptions. The prohibition on launching, landing, or operating unmanned aircraft on the Capitol Complex does not apply to:

1. emergency law enforcement and fire response operations;

2. other operations designed to support responses to health and human safety emergencies, such as search and rescue, health and environmental incidents;

3. United States national defense activities;

4. activities necessary for the care and custody of the Capitol Complex when those activities have prior written approval by the Director; and

5. flights required to document construction sites when those flights have been authorized by the Office of the Architect of the Capitol and advanced notification has been provided to the Director.

e) Requirements for Obtaining Advance Approval from the Director

1. Use of unmanned aircraft must be approved in advance and in writing by the Director.

2. When considering approval or denial of requests, the Director must consider whether the activity will:

A) present a clear and present danger to public safety or the Department of Public Health determines that the activity will present a clear and present danger to public health;

B) cause risk of injury or damage to State property or State resources;

C) be contrary to the purposes for which the Capitol Complex was established or unacceptably interrupts the functions performed on the Capitol Complex;

D) unreasonably interfere with the ability of visitors to tour or assemble at the Capitol Complex, other scheduled programs or activities, or with the administrative activities performed on the Capitol Complex;

E) substantially impair the operations of vendors or contractors working on the Capitol Complex;

F) result in significant conflict with other existing uses or previously scheduled and permitted activities.

3. The Director may condition any approval with reasonable time, place, and manner restrictions that the requestor must follow.

4. Operators given permission by the Director to operate an unmanned aircraft on the Capitol Complex must comply with all restrictions imposed by the Director and all applicable State and federal laws and regulations, including but not limited to, the regulations of the Federal Aviation Administration. This includes notifying and obtaining approval from all applicable State and federal entities, airports, air traffic control facilities, and helipads. The operator may be required to submit proof of such prior approval to the Director before operating the unmanned aircraft.

5. Requirements put in place by the Federal Aviation Administration on the use or operation of unmanned aircraft in the national airspace system must be followed. Nothing in this rule is intended to modify any requirement put in place by the Federal Aviation Administration on the use or operation of unmanned aircraft in the national airspace system.

6. The Department will coordinate with the Federal Aviation Administration regarding the use of unmanned aircraft on the Capitol Complex as may be required.

History

• Source: Added at 47 Ill. Reg. 17881, effective November 16, 2023

Chapter IV Secretary of State

Part 2005 Public Use of the Capitol Complex and Springfield Facilities

71 Ill. Adm. Code 2005.70 Distribution of Leaflets and Solicitation of Funds

a) No organization, including charitable organizations and political parties or candidates, shall distribute leaflets to persons entering or in the buildings specified in Section 2005.10 of this Part, except from public sidewalks, walkways within the Capitol Complex, or on the north plaza of the Howlett Building.

b) No such distribution shall be allowed in any automobile parking area under the control of the Director in Springfield, or within business areas in the buildings specified in Section 2005.10 of this Part.

c) Activities included in subsection (a) of this Section shall not be allowed without the written permission of the Director, which shall not be withheld if the request pertains to political activity or charitable solicitation. All requests to engage in this activity must be submitted in writing at least 48 hours in advance of the activity, unless the criteria for requests within less than 48 hours set forth in

Section 2005.50(a) are met.

d) Pursuant to the State Officials and Employees Ethics Act [5 ILCS 430], no contributions regulated by the Election Code (see 10 ILCS 5/9-1.4) may be intentionally solicited, accepted, offered or made in the buildings or on the grounds of the buildings set forth in Section 2005.10 by public officials, by State employees, by candidates for elective office, by persons required to be registered under the Lobbyist Registration Act [25 ILCS 170], or by any officers, employees or agents of any political organization, except as allowed by 5 ILCS 430/5-35.

History

• Source: Amended at 36 Ill. Reg. 7662, effective May 2, 2012

71 Ill. Adm. Code 2005.80 Secretary of State Department of Police

a) The Secretary of State's Department of Police enforces all laws within the Capitol Complex and the buildings specified within Section 2005.10, except for the Willard Ice Building. The Illinois Department of Revenue provides security for the Willard Ice Building and its grounds.

b) The Illinois statutes applicable to the presentation of order and peace within the specified buildings include, but are not limited to:

1. criminal damage to State supported property [720 ILCS 5/21-1.01];

2. trespass to State lands [720 ILCS 5/21-5];

3. the unauthorized possession of explosives or explosive or incendiary devices [720 ILCS 5/20-2];

4. mob action [720 ILCS 5/25-1];

5. disorderly conduct [720 ILCS 5/26-1];

6. interference with judicial procedure [720 ILCS 5/32];

7. threatening a public official [720 ILCS 5/12-9]; and

8. unauthorized use of parking places reserved for persons with disabilities [625 ILCS 5/11-1301.3].

c) The Secretary of State Department of Police shall enforce parking regulations in the parking lots on the Capitol Complex. The Office of the Architect of the Capitol (OAC) shall have the discretion to notify the Secretary of State when a parking matter requires Secretary of State Department of Police enforcement in OAC controlled lots. In all other parking lots on the Capitol Complex, the Secretary of State shall have the discretion to enforce parking regulations without limitation. Unauthorized parking in any permit-required parking spot on the Complex will result in the issuance of a parking citation and a $50 penalty per violation. Any party that receives a parking citation may either pay the penalty or contest the citation through the Secretary of State's administrative hearing process (see 92 Ill. Adm. Code 1001, Subpart A). If a party agrees to pay the citation, the party waives the ability to contest the administrative citation through the administrative hearing process. A party shall have 30 calendar days after receiving the citation to either pay the penalty or file a request for an administrative hearing. Failure to timely request an administrative hearing will result in the penalty being immediately due and owing. Failure to pay the citation may result in the Secretary initiating collection actions as prescribed in 92 Ill. Adm. Code 1003.30 until the penalty is paid in full.

History

• Source: Amended at 47 Ill. Reg. 17881, effective November 16, 2023

71 Ill. Adm. Code 2005.90 Severability

If a court of competent jurisdiction shall hold any provision of this Part to be invalid, that holding shall not affect the remaining portions of this Part.

History

• Source: Amended at 26 Ill. Reg. 9948, effective June 24, 2002

Chapter VII Department of Human Rights

Part 2300 Housing Discrimination

71 Ill. Adm. Code 2300.10 Definitions

For purposes of this Part, the following terms shall have the meanings indicated:

"Act" − the Illinois Human Rights Act [775 ILCS 5].

"Department" – the Illinois Department of Human Rights.

"Director" – the Director of the Department or a duly authorized designee.

"Housing facility or community" – any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. A portion or portions of a single building shall not constitute a housing facility or community. Examples of a housing facility or community include, but are not limited to:

A condominium association;

A cooperative;

A property governed by a homeowners' or residents' association;

A municipally zoned area;

A leased property under common private ownership;

A mobile home park; and

A manufactured housing community.

History

• Source: Amended at 36 Ill. Reg. 8731, effective May 30, 2012

71 Ill. Adm. Code 2300.30 Exemptions

a) It shall not be a civil rights violation to restrict rental of rooms in a housing accommodation, including housing used exclusively for dormitory facilities by educational institutions, to persons of one sex to further important privacy interests.

b) As used in Section 3-106 of the Act, the phrase "member of his or her family" shall include the person's mother, father, spouse, son, or daughter.

History

• Source: Amended at 29 Ill. Reg. 13808, effective August 25, 2005

71 Ill. Adm. Code 2300.35 Housing for Older Persons

a) Housing for older persons pursuant to Section 3-106(I)(1)(a) of the Act. To ascertain whether housing for older persons provided under a federal program is "specifically designed and operated to assist elderly persons", the Department will obtain a determination from the U.S. Department of Housing and Urban Development as to whether the housing is in accordance with federal law, regulations and standards.

b) Verification of occupancy pursuant to Section 3-106(I)(1)(c)(iii)(aa) of the Act.

1. In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce, in response to a charge filed under Article 3 of the Act, verification of compliance through reliable surveys and/or affidavits.

2. A facility or community shall, by January 27, 2009, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older. These procedures may be part of a normal leasing or purchasing arrangement.

3. The procedures described in subsection (b)(2) of this Section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. The updates must take place at least once every two years.

4. Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:

A) Driver's license;

B) Birth certificate;

C) Passport;

D) Immigration card;

E) Military identification;

F) Any other state, local, national or international official documents containing a birth date of comparable reliability; or

G) A certification in a lease, application, affidavit or other document signed by any member of the household age 18 or older asserting that at least one person in the unit is 55 years of age or older.

5. A facility or community shall consider any one of the forms of verification identified in subsection (b)(4) as adequate for verification of age, provided that it contains specific information about current age or date of birth.

6. The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this Section.

7. If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older. Acceptable evidence may include:

A) Government records or documents, such as a local household census;

B) Prior forms or applications; or

C) A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for that knowledge and be signed under the penalty of perjury.

8. A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

c) Examples of the types of policies and procedures relevant to a determination of compliance pursuant to Section 3-106(I)(1)(c)(iii)(bb) of the Act.

1. In order for a housing facility or community to qualify as housing designed for persons who are 55 years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

A) The manner in which the housing facility or community is described to prospective residents;

B) Any advertising designed to attract prospective residents;

C) Lease provisions;

D) Written rules, regulations, covenants, deed or other restrictions;

E) The maintenance and consistent application of relevant procedures;

F) Actual practices of the housing facility or community; and

G) Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.

2. Phrases such as "adult living", "adult community" or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older.

3. If there is language in a deed or other housing facility or community documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the Department shall consider documented evidence of a good faith attempt to remove that language in determining whether the housing facility or community complies with the requirements of this Section, in conjunction with other evidence of intent.

4. A housing facility or community may allow occupancy by families with children as long as the requirements of Section 3-106(I)(1)(c)(i) of the Act and subsection (c)(1) of this Section are met.

History

• Source: Amended at 32 Ill. Reg. 13497, effective August 1, 2008

71 Ill. Adm. Code 2300.40 Verified Response to Charge

71 Ill. Adm. Code 2300.50 Dismissal for Refusal to Accept Settlement Offer

The Department may dismiss a charge pursuant to Section 7B-103(D) of the Act if complainant voluntarily agrees in writing to such dismissal.

71 Ill. Adm. Code 2300.70 Procedures

a) Procedures set forth in Articles 7B and 8B of the Act shall be followed for the processing of any civil rights violation set out in Article 6 alleging the following, if related to housing discrimination: retaliation for opposing unlawful discrimination, filing a charge or complaint, or for testifying, assisting or participating in an investigation, proceeding or hearing under the Act; aiding, abetting, compelling or coercing a person to commit a violation of the Act; or willfully interfering with the performance of a duty or the exercise of a power by the Human Rights Commission or one of its members or representatives or by the Department or one of its officers or employees.

b) Pursuant to Section 7B-102(C)(1), (D)(2) and (G)(1) of the Act, and within 100 days after a charge has been properly filed, the Department (or Director) shall either order that no complaint be filed or file a complaint with the Human Rights Commission, unless it is impracticable to do so. If it is impracticable to do so, the Department shall continue to process the charge pursuant to Section 7B-102 of the Act with the greatest promptness that is administratively feasible. Circumstances of impracticability shall include, but not be limited to:

1. Complexity of issues;

2. Death or serious injury of a party or a party's immediate family member;

3. Death or serious illness of the Department's investigator or the investigator's immediate family member;

4. Unavailability of witnesses; or

5. Processing, litigation and/or enforcement of a subpoena, temporary restraining order or other legal action.

History

• Source: Amended at 29 Ill. Reg. 13808, effective August 25, 2005

71 Ill. Adm. Code 2300.80 Rental of Rooms in a Private Home

In determining whether an exemption exists under Section 3-106(C) of the Act, a housing accommodation will be considered to be a private home if it contains living quarters occupied, or intended to be occupied, by no more than four families living independently of each other.

71 Ill. Adm. Code 2300.90 Real Estate Transactions

For purposes of determining whether a civil rights violation has occurred in a real estate transaction, activities constituting a real estate transaction shall include:

a) the sale, exchange, rental or lease of real property;

b) the brokering or appraising of residential real property;

c) the making or purchasing of loans or providing other financial assistance:

1. for purchasing, constructing, improving, repairing or maintaining a dwelling; or

2. secured by residential real estate (Section 3-101(B) of the Act); and

d) access to, membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing accommodations.

Chapter VIII University of Illinois

Part 2400 Relocation Assistance

71 Ill. Adm. Code 2400.10 Purpose

The purpose of this Part is to provide relocation assistance for eligible residents and business concerns displaced as a result of the acquisition of land for expansion of the University of Illinois at Chicago within the South Campus Project Area. This Part is intended to establish a means of providing such relocation assistance and of making expense payments to business concerns and residents in their displacement resulting from a project designed for the benefit of the public as a whole. These relocation assistance benefits are available to business concerns and residents who will be permanently displaced by the University's South Campus Project and meet the eligibility requirements described in this Part. The maximum total payments to be made by the University under this Part shall not exceed $900,000.

71 Ill. Adm. Code 2400.20 Definitions

"Board of Trustees" – means The Board of Trustees of the University of Illinois.

"Business Concern" – means a legally constituted for-profit or not-for-profit enterprise established and lawfully occupying premises in compliance with applicable laws, ordinances, rules, regulations and judicial orders within the Project Area as of August 10, 1998 and continuing until the approved date of move.

"Displaced Resident or Business Concern" – means any eligible resident or business concern that moves from the real property or moves its personal property from the real property within the Project Area.

"Displacing Agency" – means The Board of Trustees of the University of Illinois carrying out any program or project within the Project Area that causes a resident or business concern to be a displaced resident or business concern.

"Dwelling" – means the place of permanent or customary and usual residence of a resident, according to law.

"Good Cause" – means all bills from companies involved in any part of the relocation have not been received by the displaced concern despite efforts to secure those bills; illness or other extraordinary circumstance causes the displaced concern to be unable to complete the submission; or the complexity of the documentation requires additional time for assembly.

"In Lieu Payment" – means a payment made to a displaced business concern as an alternative to filing a relocation claim for actual moving and related expenses.

"Project Area" – means the territory located on or adjacent to the University of Illinois at Chicago Campus and bounded as follows: on the West by Morgan Street, on the North by Roosevelt Road, on the East by Union Street, and on the South by the North boundary of the METRA embankment at 16th Street in the City of Chicago, Cook County, Illinois.

"Relocation Expenses" – means defined eligible moving and related expenses incurred by a resident or business concern within the Project Area because of displacement by the displacing agency.

"Resident" – means a person who maintains a dwelling within the Project Area by ownership or rental, which complies with applicable laws, ordinances, rules, regulations and judicial orders, and who can demonstrate lawful occupancy of the premises as of August 10, 1998 and continuously until the approved date of move.

"Resident" eligibility is further defined to require all of the following:

A person who has not moved before the approved date of move determined through negotiations with the University;

A person who initially entered into occupancy of the dwelling before August 10, 1998 and continuously until the approved date of move;

A person who has not occupied the property for the sole purpose of attempting to obtain relocation assistance under this program;

A person whom the University determines is displaced as a direct result of an acquisition;

A person who is notified in writing that he or she will in fact be displaced for the project and is eligible for relocation assistance; and

A person who loses the right of use and occupancy of the real property following its acquisition by the University.

"University" – means The Board of Trustees of the University of Illinois.

71 Ill. Adm. Code 2400.30 Business Relocation

An eligible business concern displaced by the South Campus Project shall be provided assistance in accordance with the provisions of Section 2400.50 – Business Relocation Services. The University may retain the professional services of a Relocation Consultant or any other person so designated by the University who shall be authorized to provide help in obtaining a relocation payment to a business concern that is required to move as a result of the University's South Campus Project. For assistance with a relocation claim, please contact:

University of Illinois at Chicago

Office of University Counsel

Suite 405 Administrative Office Building

1737 West Polk Street

Chicago, Illinois 60612

Phone: (312) 996-7762

Fax: (312) 996-6455

71 Ill. Adm. Code 2400.40 Residential Relocation

An eligible resident displaced by the South Campus Project shall be provided assistance in accordance with the provisions of Section 2400.60 – Residential Relocation Services. For assistance with a relocation claim, please contact:

University of Illinois at Chicago

Office of University Counsel

Suite 405 Administrative Office Building

1737 West Polk Street

Chicago, Illinois 60612

Phone: (312) 996-7762

Fax: (312) 996-6455

71 Ill. Adm. Code 2400.50 Business Relocation Services

a) Eligibility.

Eligibility for relocation benefits is determined by the business concern's lawful occupancy of premises within the Project Area prior to August 10, 1998, and the continued occupation of the premises until the approved date of move, as well as compliance with all requirements under this Part. The benefits and policies described in this Part only apply to business concerns owning or occupying property within the Project Area.

b) Assistance of University.

The University itself or through its Relocation Consultant will assist an eligible business concern plan its move from the premises and claim the relocation benefits. The University may:

1. consult with the business concern regarding the amount of space and other requirements needed at the new location;

2. advise on cost and availability of suitable new premises and supply names of real estate brokers who may be able to assist the business concern with referrals;

3. inform the business concern of the availability of other programs and agencies providing guidance and financial assistance; and

4. assist the business concern with the documentation of its relocation claim.

c) Payment for Actual Moving and Related Expenses.

A business concern meeting the eligibility requirements may be eligible to receive a payment for actual moving and related expenses not to exceed $20,000 in total. Actual moving and related expenses may include:

1. Moving expenses, including the cost of insuring, disconnecting, packing and crating, loading, transporting, unloading, unpacking, reshelving, assembling and reconnecting personal property. A business concern may hire contractors for moving and related work or use its own regular or specially hired employees for all or part of the work;

2. Storage costs made necessary because of relocation;

3. Cost and installation of substitute equipment;

4. Costs of relettering signs and replacing printed matter made obsolete by the move;

5. Professional services of architects, attorneys, engineers and consultants necessary to move, install or plan the move of personal property;

6. Costs for direct loss of personal property, when a business concern elects to dispose of some or all of its personal property rather than relocate it. The payment may not exceed the estimated cost of relocating the personal property not moved;

7. Costs for reestablishing the business concern at another location, including, but not limited to, repairs, modifications or improvements to the replacement real estate, utility hook-ups, impact fees, redecoration or replacement of soiled or worn surfaces, and professional services necessary in connection with the purchase or lease of a replacement site; and

8. Costs incurred while searching for a replacement location, not to exceed $1,000.

d) Procedures Prior to the Move.

These procedures must be followed to expedite the payment of the relocation claim:

1. At least 30 days but not more than 90 days prior to the move, the business concern must submit a completed Notice of Intent to Relocate form;

2. The business concern shall provide the University with an inventory of items of personal property that are intended to be moved, as well as a list of the related expenses that the business concern intends to claim as allowed in this Section. The University will supply the business concern with all necessary forms. Only items of personal property may be listed. No payment may be made for moving any items that are irremovable or part of the real property or included in the compensation paid by the University to acquire property. Upon review of the inventory listing, the University will inform the business concern of any excluded items. The University will also evaluate requests for related expenses; and

3. The business concern shall submit copies of all bids, invoices, and related information for costs incurred in its move, and for the related expenses, in order to facilitate the preparation of a relocation claim.

If the business concern intends to move on a contractual basis, the University can assist, upon written request, in identifying moving contractors.

The University is not responsible for any loss or damage during the move.

Moving expenses for which reimbursement may be requested may not be incurred before the business concern has submitted its Notice of Intent to Move or Relocate and any bids and proposals for which reimbursement will be claimed have been approved by the University. The University must be notified in writing when the moving is to begin so that the required recording of moving activities may be made at the displacement and replacement locations, as applicable.

e) Payment in Lieu of Actual Moving and Related Expenses.

1. As an alternative to filing a relocation claim for moving and related expenses, the business concern may file a claim for an "in lieu payment." Subject to this subsection (e), the "in lieu payment" can be made only to a displaced business concern that meets the following conditions:

A) The business concern owns or rents personal property that must be moved. A list of inventory is required;

B) The business concern moves from the displacement location;

C) The business concern cannot be relocated without a substantial loss of its existing patronage or clientele;

D) The business concern is not part of a commercial enterprise having more than three other establishments engaged in the same or similar type business that are not being displaced;

E) The business concern is not operated at the displacement location solely for the purpose of renting a dwelling or a site to others; and

AGENCY NOTE: This requirement does not apply to a licensed hotel operation.

F) The business contributed materially to the income of the owner of the business concern.

2. The "in lieu payment" will be based upon the net income of the business concern in recent years, but shall not exceed $20,000. The relocation claim must be supported by evidence of earnings such as copies of federal income tax returns or certified financial statements audited by an accountant for the years preceding relocation.

f) Making a Relocation Claim.

The business concern is responsible for submitting an accurate relocation claim adequately supported by the required documentation and signed by the applicant. False or fraudulent relocation claims may be punishable under the law.

If a relocation consultant administers the relocation program, then the consultant shall be responsible for initial determinations of the eligibility of all relocation claims and their components according to this Part. The University will have final approval of all relocation claims. The relocation payment will be made by the University directly to the business concern.

Every business concern is urged to work as closely as possible with the University or relocation consultant in order that the relocation claim will be as complete as possible and payable at the earliest possible time.

g) Assembly of the Relocation Claim.

A relocation claim must include documentary proof that the business concern meets eligibility requirements, that prescribed procedures have been followed, and that the claimed amount of relocation expenses has been incurred. A claim for a relocation assistance payment must be supported by proper documentation such as bills, certified prices, appraisals, or other evidence of incurred expenses.

The relocation claim should be assembled as soon as the move or displacement is completed. It must include the supporting documentation described for either actual expenses or for the "in lieu payment" and must be made using the relocation forms supplied by the University.

The business concern is responsible for providing a complete relocation claim; however, the University will assist in completing and filing the relocation claim. Copies of the documentation that the business concern has submitted to the University will be made available upon request by the business concern.

A claim for a relocation assistance payment must be filed with the University within 60 days after:

1. for tenants, the date of displacement.

2. for owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.

The 60 day time period may be waived by the University for good cause.

h) Payment of the Relocation Claim.

The University will review claims. The claimant will be notified in writing as to any additional documentation that is required to support the claim. Payment for a claim will be made following receipt of proper documentation to support the claim.

After the relocation claim is submitted it must be reviewed by the University for determination of the eligibility of the claimed amounts.

A Letter of Determination will be mailed to the business concern outlining eligible and ineligible costs and the reasons for any disallowances.

If the business concern follows the prescribed procedures and provides complete and adequate documentation, the University will make every effort to expedite its review and payment of the relocation claim. If a displaced resident or business concern demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship (e.g., moving company does not perform as scheduled, need for interim space for business or storage, cash flow problems), the University may issue payment to a third party providing a relocation service, subject to safeguards as are appropriate to ensure that the objective of the payment is accomplished.

The University will deduct the amount of any advance relocation payment from the relocation payment to which a displaced resident or business concern is otherwise entitled. The University may not withhold any part of a relocation payment to satisfy an obligation to any creditor other than the University, unless ordered by a court of competent jurisdiction.

If the business concern has objections to any disallowances made by the University, the business concern may submit those objections in writing to the University within 7 days after receipt of the Letter of Determination. If the University disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it will notify the claimant in writing within 7 days of its final determination and the basis for its determination.

71 Ill. Adm. Code 2400.60 Residential Relocation Services

a) Eligibility.

Eligibility for relocation benefits is determined by the lawful occupancy of the premises prior to August 10, 1998, and the continued occupation of the premises until the approved date of move. A displaced resident will be provided written notice of such eligibility. The benefits and policies described in this Section only apply to a displaced resident residing within the Project Area.

b) Payment for Relocation.

Residential relocation assistance will follow the same procedures as business concern relocations as nearly as may be practicable, except that the maximum relocation payment shall be $2,000 and there shall be no "in lieu payment" for residential relocation.

If two or more lawful occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the University, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling.

71 Ill. Adm. Code 2400.70 Benefit Limits – Notification Procedure

A displaced resident or business concern will be given as much advance notice as possible of the time that possession of the property will be required. Except in an emergency as determined by the University (e.g., the premises have been determined to be unsafe or the property is interfering with the construction schedule), no one lawfully occupying the property will be given less than 90 days' written notice to vacate their premises. The notice shall inform a displaced resident or business concern of the relocation assistance that may be available.

71 Ill. Adm. Code 2400.80 Ineligible Relocation Expenses

The following expenses (this list is not exhaustive) are considered ineligible for reimbursement as "actual relocation expenses" and a displaced resident or business concern is not entitled to payment:

a) any additional operating expenses of a business concern incurred because of operating in a new location;

b) improvements to a replacement structure or site;

c) interest on a loan to cover moving expenses;

d) loss of goodwill;

e) loss of profits;

f) loss of trained employees;

g) personal injury;

h) any legal fee or other cost of preparing a claim for relocation assistance or for representing the claimant before the University;

i) any physical changes to the real property, including any improvements thereon, at the replacement location except as specifically provided in this Section; or

j) costs of storage of personal property on real property already owned or leased by the displaced resident or business concern.

Chapter IX Illinois Green Governments Coordinating Council

Part 2500 Agency Sustainability Planning Tool

71 Ill. Adm. Code 2500.10 Applicability of Requirements

The requirements in this Part must be met by all State agencies as defined in Section 2500.20. The agency sustainability planning tool will also be made available for voluntary use by units of local government and educational institutions.

71 Ill. Adm. Code 2500.20 Definitions

Agency Sustainability Plan − The sustainability assessment and plan completed using the Agency Sustainability Planning Tool.

Agency Sustainability Planning Tool − The internet-based sustainability assessment and planning and reporting application, available on the Council's website.

Act − The Green Governments Illinois Act [20 ILCS 3954].

Council − The Illinois Green Governments Coordinating Council created by the Green Governments Illinois Act and authorized by the Act to create the agency sustainability planning tool.

Sustainability Goal − A general statement of intended outcome.

Measure for Assessment − A unit for determining success of a sustainability objective.

Sustainability Objective − A specific result expressed as a quantity achieved in a certain time frame.

State Agency − An Agency described in the Illinois State Auditing Act [30 ILCS 5/1-7], excluding any agencies with 10 or fewer full-time equivalent employees.

Sustainability Progress Report − An annual statement of performance toward sustainability objectives.

Sustainability Strategy − An action-step needed to achieve a desired sustainability objective.

71 Ill. Adm. Code 2500.30 Sustainability Committee

a) The director or chief executive of each State agency, or his or her designee, shall appoint staff to an agency-specific Sustainability Committee.

b) Each Sustainability Committee shall be responsible for completing the agency sustainability plan.

c) The director or chief executive of each State agency, or his or her designee, shall appoint persons with knowledge, skills and abilities in each of the areas of operation contained in the agency sustainability plan.

d) The director or chief executive of each State agency, or his or her designee, shall appoint one member of the Sustainability Committee, who is also a senior member of management, as liaison to the Council.

e) Unless the director or chief executive of each State agency, or his or her designee, otherwise notifies the Council, the liaison will have all rights and responsibilities of the director or chief executive as pertaining to agency responsibilities under the Act.

71 Ill. Adm. Code 2500.40 Agency Sustainability Plans and Sustainability Progress Reports

a) Any State agency that does not have an agency sustainability plan on file with the Council as of the effective date of this Part shall file an agency sustainability plan no later than 90 days after the effective date of this Part.

b) A State agency shall submit its agency sustainability plan via the agency sustainability planning tool on the Council’s website. If using the agency sustainability planning tool would impose extraordinary costs, the State agency may submit its plan using the paper-based form in Appendix A.

c) Each State agency sustainability plan shall include an assessment of environmental impacts in each of the applicable areas of operation:

1. Transportation

2. Purchasing of Goods and Services

3. Office Operations

4. Facility Management

5. Construction and Renovation

d) Each State agency sustainability plan shall include sustainability goals, objectives, strategies and measures for assessment of progress in each of the applicable areas of operation listed in subsection (c).

e) A State agency must submit at least one sustainability goal and related sustainability objective, sustainability strategy and measure for assessment. A State agency may submit multiple sustainability goals, objectives, strategies and measures for assessment.

f) The State agency must submit a revised sustainability plan by no later than three years after the date of the initial plan.

g) Each State agency shall complete the sustainability progress report on or before July 1, 2008 and on or before June 1 of each subsequent year. The State agency may, but is not required to, revise the agency sustainability plan at the time of submitting the sustainability progress report.

h) Any plans, reports or other submissions to the Council shall be sent to Green Governments Coordinating Council, c/o Lt. Governor's Office, 100 W. Randolph, Suite 15-200, Chicago, Illinois 60601.

i) Any materials submitted via the Council's website need not also be submitted by paper.

71 Ill. Adm. Code 2500.50 Enforcement

71 Ill. Adm. Code 2500.APPENDIX A Agency Sustainability Plan Template

State of Illinois

Illinois Green Governments Coordinating Council

Agency Sustainability Plan Template

Area of Operations: Office Operations

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Area of Operations: Purchasing of Goods and Services

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Area of Operations: Transportation

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Areas of Operations: Facility Management

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Area of Operations: Construction and Renovation

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy:

Goal:

Objective:

Measure:

Strategy:

Strategy:

Strategy: