Isaiah 40: 4
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Every year more and more Illinois congregations are taking steps to make their
houses of worship accessible to all. However, few congregations are aware that
the State of Illinois often requires accessibility improvements when other
building improvements are made. This guide provides an overview of the State
of Illinois code requirements and how they pertain to Illinois houses of worship.
A more comprehensive overview of accessibility in houses of worship can be
found in Accessible Faith: A Technical Guide for Accessibility in Houses of
Worship, published and distributed by The Retirement Research Foundation.
In Illinois, accessibility issues are governed by the Illinois Environmental Barriers
Act (" EBA") and the Illinois Accessibility Code (" IAC"). 1 Both the EBA and the
IAC date to the 1980s, prior to enactment of the federal Americans with
Disabilities Act (ADA). In 1997, Illinois regulators revised the IAC to follow the
ADA more closely. Where state and federal requirements conflicted, however,
the legislature adopted the stricter of the two standards. Most significantly for
Illinois congregations Ð and unlike the ADA Ð the IAC makes no blanket
exemption for houses of worship. Rather, the IAC applies to all "public
facilities." 2 The term is defined broadly to include "... any building, structure, or
site improvement used... by the public or by employees for one or more of... the
following: the purpose of gathering, recreation, transient lodging, education,
employment, institutional care, or... social service establishments...." 3
When a congregation alters or refurbishes its existing house of worship,
constructs an addition, or builds a new facility, specific requirements of the IAC
come into play. For both new construction and additions to existing buildings,
the IAC mandates full compliance with the accessibility requirements set forth
in it. These requirements closely follow the standards set forth in the Americans
with Disabilities Act Accessibility Guidelines (" ADAAG"), but the IAC must be
reviewed carefully to ensure full compliance.
For building additions, several other requirements apply. If the new section of
the building will have no accessible entrance, then an entrance to the existing
building must be made accessible, and an accessible route to the addition must
be provided. Further, the overall number of restrooms must comply with the
Illinois Plumbing Code of the Illinois Administrative Code (Title 77, Part 890). If
no restrooms are included in the addition, then two restrooms in the existing
building must be made accessible. 4
1
Accessible Faith In Illinois
Most
significantly
for Illinois
congregations,
the Illinois
Accessibility
Code makes
no blanket
exemption for
houses of
worship.
1 The Illinois Accessibility Code is found in its entirety on the Capital Development Board's website: www. cdb. state. il. us/ forms/ iac. htm
2 The Illinois Accessibility Code of the Illinois Administrative Code, title 71, §400.130 (1997).
3 Ibid., §400.210 (1997).
4 Ibid., §400.310 (1997); §400.410 (1997).
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Alterations to existing houses of worship are subject to a separate set of rules. As a
general matter, all alterations are subject to the requirement that: "No alteration
shall decrease accessibility or usability of a building below the requirements for
new construction at the time of the alteration." 5 (The extent of the accessibility
improvements required for any given alteration, however, depends on the
monetary value of the alteration work being planned.)
The IAC categorizes alterations based on their relation to the total "reproduction
cost" (RC) of the building being altered. The RC is defined as "the estimated cost
of constructing a new building... of like size, design and materials at the site of the
original building... assuming such site is clear," based on "the recognized standards
of an authoritative technical organization." 6
Historic and architecturally significant houses of worship often have soaring
cathedral ceilings and majestic steeples, towers, and spires. Moreover, they often
feature hand-carved stone and millwork, intricate stained glass windows, and
imported marble appointments. This is particularly true for houses of worship
built before World War II. Such luxuries are generally omitted from "recognized
standards" found in print. In fact, the true RC for older houses of worship is
often significantly more than the estimated value suggested by the leading
published sources. Therefore, most authorities will also accept a reasonable RC
developed by a professional estimator who is familiar with the unique construction
methods and high quality materials used for historic buildings.
The IAC recognizes four cost categories of alterations (see the flow chart for
further clarification). [Figure 1] At the low end are alterations that amount to
15% or less of the building's RC. For such alterations, the Code requires only
that the element or space being altered be made accessible. In this category, the
Code provides an important, limited exception with respect to religious properties:
a religious entity making alterations costing less than 15% of the
reproduction cost need not comply with accessibility standards unless the
cost of the alteration is greater than $100,000. 7
For alterations valued more than 15% but less than 50% of the RC, the element
or space being altered must be made accessible. In addition, an entrance and
egress intended for the general public must comply with the requirements for new
construction. 8
2
The extent
of the
accessibility
improvements
required for
any given
alteration
depends on
the monetary
value of the
alteration
work being
planned.
5 Ibid. §400.510( a) (1997). The IAC provides an exception to the general alterations requirements, which is rarely invoked. The exception applies to "parts of
buildings which it would be technically unfeasible to make conform to the strict requirements... for new construction, with the approval of the regulatory authority
[the Illinois Capital Development Board]." The Illinois Accessibility Code of the Illinois Administrative Code, title 71, §400.520( d) (1997).
6 Ibid. §400.210 (1997). 7 Ibid. §400.510( b)( 1) and (6) (1997). 8 Ibid. §400.510( b)( 3) and (4) (1997). The IAC defines "means of egress" as "a continuous
and unobstructed path of travel from any point in a building or structure to a public way...."
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NEW CONSTRUCTION ADDITIONS ALTERATIONS
Full compliance with accessibility requirements
*Alteration costs 15% or less of
reproduction cost
*Alteration costsmorethan15% butlessthan50%
ofreproductioncost andlessthan$100,000
*Alteration costsmorethan15% butlessthan50%
ofreproductioncost andmorethan$100,000
*Alteration costs 50% or more of
reproduction cost
Full compliance with accessibility requirements No alteration shall decrease accessibility or usability of building below requirements for new
construction at the time of alteration
If no accessible entrance, then must be accessible
entrance in existing building
AND
If only accessible entrance is in existing building,
provide accessible route to addition
Overall number of restrooms must comply with
Illinois Plumbing Code; if no restrooms in
addition, 2 restrooms in existing building must be
made accessible
Element or space being altered must comply
with new construction requirements
Element or space being altered must comply
with new construction requirements
Element or space being altered must comply
with new construction requirements
Comply with all requirements for
new construction
An entrance and egress intended for general
public must comply with requirements for
new construction
An entrance and egress intended for general
public must comply with requirements for
new construction
All spaces / elements necessary to provide
horizontal and vertical accessible routes
between an accessible entrance / element or
space being altered
Provide an accessible route from public
sidewalks or accessible parking spaces, (if
provided), to an accessible entrance
Iftoiletrooms areprovidedorrequired,
provideatleast oneaccessiblerestroomfor
eachsexora unisexrestroomwhenpermitted
If parking is provided, provide
accessible parking spaces
Requirements for all public facilities
other than state-owned
Exception:
Compliance is not mandatory
for religious entities (and spedified
others) unless cost of alteration
exceeds $100,000
Exception:
No vertical access required in
privately-owned public facility
with 2 levels of occupiable space
where cost of vertical access is
more than 20% of
reproduction cost
For purposes of the IAC, the cost of alteration equals "the total actual combined cost of all alterations made within any period of 30 months."
*Reproduction cost (RC) is defined as "the estimated cost of constructing a new building, structure, or site improvement of like size, design and materials at the site of the original
building, structure, or site improvement, assuming such site is clear. The reproduction cost shall be determined by using the recognized standards of an authoritative technical
organization." S400.210 (1997)
Figure 1: Flow chart for the IAC
threshhold requirements.
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Alterations between 15% and 50% and valued at more than $100,000 must
comply with four additional requirements. First, all spaces and elements
necessary to provide horizontal and vertical accessible routes between an
accessible entrance and an element or space being altered must be made
accessible. (However, in buildings with two levels of "occupiable" floor space,
vertical access is not required if the installation cost will exceed 20% of the RC).
Second, if restrooms are provided or required, at least one accessible restroom for
each sex or a unisex restroom (when permitted) must be provided. Third, if
parking is provided, accessible parking spaces must be provided. And, fourth,
there must be an accessible route from public sidewalks or accessible parking
spaces (if provided) to an accessible entrance. 9
The final category, including alterations that cost 50% or more of the RC,
requires full compliance with the accessibility rules for new construction. 10
The IAC also includes special rules for structures listed in, or eligible for, the
National Register of Historic Places or designated as local landmarks. 11 As in the
federal ADA, these historic preservation provisions take into account the special
challenges of making accessibility improvements in historic structures. Historic
preservation projects are considered alterations under the IAC. As a general
rule, such alterations must comply with the accessibility requirements for new
construction, although the IAC provides minor exceptions. 12 Further, if the
Illinois Historic Preservation Agency determines that the alteration would
threaten or destroy the historic significance of the building, the agency can
specify alternative minimum requirements. 13 This section of the IAC seldom
impacts houses of worship since relatively few religious buildings are officially
designated landmarks.
Finally, it is important to note that the IAC constitutes minimum accessibility
standards for the State of Illinois. It is therefore essential to determine
whether local authorities maintain more stringent standards before
proceeding with construction.
The following three theoretical examples are provided to help congregations
consider various IAC requirements. The illustrations are intended to provide a
sense of scale only, rather than an actual representation of the accessibility
scenario described.
4
9 Ibid. §400.510( b)( 4) (1997).
10 Ibid. §400.510( b)( 5) (1997).
11 Ibid.§ 400.210 (1997) and §400.610 (1997).
12 Ibid. §400.610 (1997).
13 Ibid. §400.620 (1997).
It is essential
to determine
whether local
authorities
maintain more
stringent
standards
before
proceeding
with
construction.
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Example A: Small House of Worship
Description of Work: A small (10,000 square foot {s. f.}) house of
worship, built in 1929, currently lacks accessibility. The
congregation plans to remodel the restrooms. [Figure 2] Due to
budget constraints, there are no immediate plans to add
accessibility to the building even though it is a desirable goal. The
congregation has not decided whether to hire an architect but
wants to determine whether the restrooms must be accessible. This
would increase the estimated construction costs considerably, from
$48,000 to $78,000. The congregation has completed no other work in the past
30 months, so there is no cumulative cost that could impact IAC requirements.
Estimated Reproduction Cost (RC): A professional cost estimator has
determined the RC to be $485 per square foot (p. s. f.), due to the extremely
high quality of construction and materials. Therefore, the RC for Example A is
$4,850,000 (10,000 s. f. x $485/ p. s. f.).
Required to Meet IAC? No. The highest potential cost of the alteration
($ 78,000) is only 2% of the RC, and is less than $100,000, and thereby meets
the exemption for religious entities. Although the congregation should strive to
improve accessibility and use this modest project to get the ball rolling, it is not
legally required to make the restrooms accessible.
Example B: Medium-Sized House of Worship
Description of Work: A congregation has a medium-sized (25,000
s. f.) house of worship of more contemporary design. Last year,
the congregation constructed accessible restrooms as part of a first
phase of work costing $169,000. The congregation is now
planning to remodel the sanctuary and a few adjacent spaces as a
second phase of work. [Figure 3] The congregation would prefer to
postpone further accessibility improvements until a third phase of
work, since it would require other immediate project compromises.
The second phase construction costs are estimated to be $385,000, and the
congregation wants to determine whether accessibility is required by the IAC. A
new elevator would increase the total project by $160,000.
5
Figure 2: Example A.
Figure 3: Example B.
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Estimated Reproduction Cost (RC): *The RC is determined to be $130 p. s. f.
according to R. S. Means 2003 Square Foot Costs. Therefore, the RC for example
B is $3,250,000 (25,000 s. f. x $130 p. s. f.).
Required to Meet IAC? Yes. The cumulative cost of work for the first and
second phases will be $169,000 + $385,000 = $554,000. This represents 17%
($ 554,000/$ 3,250,000) of the RC and exceeds $100,000. Therefore, following
through the flow chart [Figure 1] for the third "alteration" column: 1) the
sanctuary and adjacent spaces must be made accessible; 2) an accessible entrance
and egress must be provided; 3) all spaces/ elements that provide horizontal and
vertical accessible routes must be made accessible (since the additional elevator
cost of $160,000 does not exceed 20% of the RC); 4) since restrooms are already
available, additional restrooms will not be required (as long as the existing
restrooms are accessible from the sanctuary); 5) accessible parking is required; and
6) an accessible route from the public sidewalk must be provided. Note: In this
scenario, reducing the scope of the second phase to $300,000 in order to fall
below the 15% threshold would substantially reduce the accessibility
requirements for this particular project. In this case, only the sanctuary and
adjacent spaces would need to be made accessible, deferring the significant cost of
the elevator and other improvements.
Example C: Large House of Worship
Description of Work: A large (50,000 s. f.) house of worship, built
in 1920, has some accessibility improvements. None of the work
was completed in the past 30 months. The congregation is now
planning a major capital campaign to rehabilitate the entire facility.
[Figure 4] The rehabilitation is estimated to cost $12 million.
Estimated Reproduction Cost (RC): A professional cost
estimator has determined the RC to be $435 p. s. f., due to the
extremely high quality of construction and materials. Therefore, the RC for
Example C is $21,750,000 (50,000 s. f. x $435/ p. s. f.).
Required to Meet IAC? Yes. The $12 million campaign goal represents 55%
($ 12,000,000/$ 21,750,000) of the RC and therefore shifts this work to column
four of the flow chart under "Alterations." [Figure 1] The project must comply
with all the accessibility requirements for new construction.
6
*The cost estimates found in R. S. Means 2003 Square Foot Costs also vary based on a "Location Factor" (multiplier) that must be determined as well. In 2003,
Illinois construction costs range from Chicago (1.14 times the national average), to Carbondale (0.97 times the national average). Land values are not considered in
the estimated reproduction cost of the building.
*See Flow Chart, Figure 1.1 Ibid., §400.210 (1997).
Figure 4: Example C.
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ILLINOIS REGULATORY AGENCIES
Capital Development Board
William G. Stratton Building-Third Floor
401 South Spring Street
Springfield, IL 62706
(217) 782-8530 (Voice)
Find the Illinois Accessibility Code at:
www. cdb. state. il. us/ forms/ iac. htm
Disability Rights Bureau Chicago
Office of Attorney General
James R. Thompson Center-11th Floor
100 West Randolph Street
Chicago, IL 60604
(312) 814-5684 (voice)
(312) 814-3374 (TTY)
Disability Rights Bureau Springfield
Office of Attorney General
500 South Second Street
Springfield, IL 62706
(217) 785-5726 (Voice)
(217) 785-2771 (TTY)
7
Illinois Historic Preservation Agency
One Old Capitol Plaza
Springfield, IL 62701
(217) 785-7930 (Voice)
Mayor's Office for People with Disabilities
City Hall
121 North LaSalle
Chicago, IL 60602
(312) 744-6673 (Voice)
(312) 744-2721 (Voice: Architectural Services)
Policy Advisor on Disability Rights
Office of Attorney General
500 South Second Street
Springfield, IL 62706
(217) 524-6575 (Voice)
(217) 785-2771 (TTY)
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2003 R. S. Means Square Foot Costs. (24th Annual Edition.) Kingston, MA:
R. S. Means Company, Inc., 2003.
Davie, Ann Rose and Ginny Thornburgh. That All May Worship: An
Interfaith Welcome to People with Disabilities. (Sixth Printing.)
Washington, D. C.: National Organization on Disability, 2000.
Illinois Accessibility Code. (Fifth printing.) Springfield, IL: State of Illinois,
Capital Development Board, 1997. [71 Ill. Admin. Code Part 400.]
Illinois Accessibility Code: Site Inspection Checklist. Springfield, IL: State of
Illinois, Office of the Attorney General, 1997.
Illinois Plumbing Code. Springfield, IL: State of Illinois, Illinois Department
of Public Health, 1999. [77 Ill. Admin. Code Part 890.]
Patterson, Elizabeth A. and Neal A. Vogel. Accessible Faith: A Technical
Guide for Accessibility in Houses of Worship. Chicago, IL: The
Retirement Research Foundation, 2003.
8
Bibliography
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ACKNOWLEDGEMENTS
This publication was sponsored and funded by The Retirement Research
Foundation and developed by Restoric, LLC, in Evanston, Illinois. The
Retirement Research Foundation, based in Chicago, is the nation's largest
private foundation devoted solely to aging and retirement issues.
You may be interested in a national overview of this subject, covered by
Accessible Faith: A Technical Guide for Accessibility in Houses of Worship. For more
information about this publication, contact the Foundation directly or
download a copy from the Foundation's website, www. rrf. org.
This work was made possible only through the generous support, assistance, and
guidance of many people. Those worthy of special mention include: Ms. Denise
R. Arnold, Mayor's Office for People with Disabilities, City of Chicago; Mr.
Doug Gamble, Capital Development Board, State of Illinois; Heitzman
Architects, Oak Park; Mr. Mike Jackson, Illinois Historic Preservation Agency;
LCM Architects; Ms. Carol McLaughlin, Farr Associates; and William Worn
Architects, P. C.
This publication was edited by Thomas F. Golz, designed by Artworx Studio,
and printed by Elk Grove Graphics (www. elkgrovegraphics. com). Produced by
The Retirement Research Foundation, August 2003.
This guide was developed to assist Illinois congregations in navigating and
interpreting the Illinois Accessibility Code as it pertains to religious properties.
It is not intended to provide legal advice regarding the Code or Illinois law.
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The
Retirement
Research
Foundation
8765 West Higgins Road, Suite 430
Chicago, Illinois 60631-4170
(773) 714-8080
Fax: (773) 714-8089
E-mail: info@ rrf. org
www. rrf. org
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