HB3980 97TH GENERAL ASSEMBLY

LRB097 13906 RPM 58781 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3980

Introduced 1/18/2012, by Rep. Jason Barickman

SYNOPSIS AS INTRODUCED:

210 ILCS 125/15.1

Amends the Swimming Facility Act to provide that the Department of Public Health may not impose penalties on a swimming facility that is in violation of the federal Virginia Graeme Baker Pool and Spa Safety Act until October 1, 2012 if the swimming facility has applied on or before October 1, 2011 to become compliant with that Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health facilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Swimming Facility Act is amended by changing Section 15.1 as follows:

(210 ILCS 125/15.1)

Sec. 15.1. Violations at facilities.

(a) If the Department finds violations at swimming facilities requiring licensure under this Act, the Department shall issue a written report or notice of the violations. In accordance with subsections (b), (c), and (d), each violation shall be categorized as either Type "A", Type "B", or Type "C".

(b) Type "A" Violation. The situation, condition, or practice constituting a Type "A" violation shall be abated or eliminated immediately, unless a fixed period of time, not exceeding 10 days, as determined by the Department and specified in the notice of violation or inspection report, is required for correction. Type "A" violations shall include, but not be limited to:

(1) Inoperable gauges or flowmeters.

(2) The failure to maintain appropriate water quality within 20% of standard.

(3) The failure to maintain or provide operation reports.

(4) The failure to provide and maintain necessary safety equipment prescribed by rule.

(5) The failure to maintain cleanliness of the facility (cracks, leaks, lint, dirt, and sediment).

(6) The improper use of starting platforms.

(7) The failure to maintain equipment in proper work order (including, but not limited to, skimmers, pumps, and chlorinators), such that the public is not endangered.

(8) The failure to post Patron Regulations and Bather Load signs.

(c) Type "B" Violation. At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction that is subject to the Department's approval. The facility shall have 10 days after receipt of a notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period, not to exceed 90 days, within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department. Type "B" violations shall include, but not be limited to:

(1) Ongoing repeat Type "A" violations not corrected in accordance with a notice or inspection report.

(2) The failure to submit a Drowning and Injury Report within 24 hours.

(3) The failure to provide a lifeguard or a warning sign as required by the rules.

(4) The failure to maintain water quality in accordance with Section 820.320 of Title 77 of the Illinois Administrative Code, and in excess of that allowed for in a Type "A" violation.

(5) The failure to properly secure the pool area or the equipment/storage area.

(6) The failure to maintain any operational reports.

(7) The failure to obey assigned bather load.

(8) The failure to properly display a Department-issued license.

(d) Type "C" Violation. Type "C" violations include those violations that may lead to serious injury or death of patrons, employees, or the general public. Upon finding a Type "C" violation at a facility, the Department shall immediately take such actions as necessary to protect public health, including ordering the immediate closure of the facility, ordering the abatement of conditions deemed dangerous by the Department, or ordering the cessation of any practice deemed dangerous or improper by the Department. Type "C" violations shall include, but not be limited to:

(1) The failure to obtain a license prior to operating.

(2) The failure to construct the pool in accordance with the Department-issued permit to construct.

(3) The failure to secure a permit to alter the pool.

(4) The failure to close the pool in accordance with the rules.

(5) The failure to obey any lawful order of the Department.

(6) The failure to provide access to the facility by the Department or any duly appointed agent thereof.

(7) The failure to post a Department-issued closure order.

(8) Operating the facility in a manner that results in imminent danger to the public.

(9) Submitting fraudulent documentation to the Department or a duly appointed agent thereof.

(e) In determining whether a penalty is to be imposed and in fixing the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:

(1) The gravity of the violation, including the probability that death or serious physical harm to the public will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of the applicable statutes or regulations were violated.

(2) The reasonable diligence exercised by the licensee and efforts to correct violations.

(3) Any previous violations committed by the licensee.

(4) The financial benefit to the facility for committing or continuing the violation.

Type "A" violations shall carry no penalty provided they are corrected within the terms set forth by this Act and in accordance with the rules established under this Act. Type "B" violations may be assessed a penalty of $25 per day for each day the violation exists. Type "C" violations may be assessed a penalty of $100 per day for each day the violation exists, in addition to any other penalties provided for by law.

(f) The Department may not impose penalties on a swimming facility that is in violation of the federal Virginia Graeme Baker Pool and Spa Safety Act until October 1, 2012 if the swimming facility has applied on or before October 1, 2011 to become compliant with that Act.

(Source: P.A. 96-1081, eff. 7-16-10.)

Section 99. Effective date. This Act takes effect upon becoming law.