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90_HB1009
New Act
55 ILCS 5/5-1066 from Ch. 34, par. 5-1066
65 ILCS 5/11-30-9 from Ch. 24, par. 11-30-9
Creates the Private Swimming Pool Enclosure Act and
amends the Counties Code and the Illinois Municipal Code.
Requires that new outdoor swimming pools on private
residential property be enclosed by a fence, wall, or other
effective permanent barrier of 42 inches or greater height.
Provides that the provisions do not apply to above ground
pools with a height of 42 inches or more or to jacuzzis.
Permits more restrictive regulation by units of local
government and preempts less restrictive regulation by home
rule units.
LRB9002833PTcw
LRB9002833PTcw
1 AN ACT concerning the enclosure of private swimming
2 pools.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Private Swimming Pool Enclosure Act.
7 Section 5. Definition. As used in this Act, "swimming
8 pool" means an outdoor artificial basin of water that is
9 constructed, modified, improved, or installed in or above the
10 ground of private residential property for the purpose of
11 swimming or wading and that has a depth of more than 24
12 inches covering more than 25 square feet or that has a
13 capacity of more than 200 gallons of water. The term
14 includes only swimming pools intended for the use of the
15 owner and guests and does not include swimming pools subject
16 to the Swimming Pool and Bathing Beach Act or the Swimming
17 Pool Safety Act. The term does not include above ground pools
18 with a height of 42 or more inches and does not include
19 jacuzzis.
20 Section 10. Barrier required. A protective fence, wall,
21 or other effective permanent barrier shall completely enclose
22 the perimeter of a swimming pool the construction or
23 installation of which is completed on or after the effective
24 date of this Act. The fence, wall, or other barrier shall be
25 at least 42 inches in height.
26 Section 15. Local regulation. Nothing in this Act
27 prohibits a unit of local government from regulating the
28 enclosure of swimming pools, the construction or installation
29 of which is completed on or after the effective date of this
-2- LRB9002833PTcw
1 Act, in a more restrictive manner. Nothing in this Act
2 prohibits a unit of local government from regulating the
3 enclosure of swimming pools, the construction or installation
4 of which is completed before the effective date of this Act,
5 in an inconsistent manner.
6 Section 20. Home rule. A home rule unit may not
7 regulate the enclosure of swimming pools, the construction or
8 installation of which is completed on or after the effective
9 date of this Act, in a manner less restrictive than the
10 regulation by the State of the enclosure of those swimming
11 pools under this Act. This Section is a limitation under
12 subsection (i) of Section 6 of Article VII of the Illinois
13 Constitution on the concurrent exercise by home rule units of
14 powers and functions exercised by the State.
15 Section 105. The Counties Code is amended by changing
16 Section 5-1066 as follows:
17 (55 ILCS 5/5-1066) (from Ch. 34, par. 5-1066)
18 Sec. 5-1066. Artificial basins of water used for swimming
19 or wading. Subject to the Private Swimming Pool Enclosure
20 Act, the county board may prescribe rules and regulations for
21 the construction of privately owned artificial basins of
22 water used for swimming or wading, which use or need external
23 buttresses or which are dug into the ground, located on
24 private residential property and intended for the use of the
25 owner and guests. The county shall, however, exempt all
26 municipalities located wholly or partly within the county
27 where the municipal building code is equal to or of higher
28 standard than the county regulation and where the local
29 authorities are enforcing the municipal building code.
30 (Source: P.A. 86-962.)
-3- LRB9002833PTcw
1 Section 110. The Illinois Municipal Code is amended by
2 changing Section 11-30-9 as follows:
3 (65 ILCS 5/11-30-9) (from Ch. 24, par. 11-30-9)
4 Sec. 11-30-9. Artificial basins of water. Subject to
5 the Private Swimming Pool Enclosure Act, the corporate
6 authorities may prescribe rules and regulations for the
7 construction of privately owned artificial basins of water
8 used for swimming or wading, which use or need external
9 buttresses or which are dug into the ground, located on
10 private residential property and intended for the use of the
11 owner and guests.
12 The corporate authorities may by ordinance require the
13 construction of fences around or protective covers over
14 previously constructed artificial basins of water dug in the
15 ground and used for swimming or wading, which are located on
16 private residential property and intended for the use of the
17 owner and guests.
18 (Source: P.A. 86-1470.)