State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]


92_HB1551eng

 
HB1551 Engrossed                               LRB9203542TAcs

 1        AN ACT concerning public health and safety.

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

 4        Section  5.   The  Swimming Pool and Bathing Beach Act is
 5    amended by changing Sections 1, 2, 3, 3.01, 4, 5, 6, 7, 8, 9,
 6    10, 12, 13, 21, 21.1, 23, and 27 and by adding Sections 3.10,
 7    3.11, and 3.12 as follows:

 8        (210 ILCS 125/1) (from Ch. 111 1/2, par. 1201)
 9        Sec. 1. Short title. This Act shall be known and  may  be
10    cited as the Swimming Facility Pool and Bathing Beach Act.
11    (Source: P.A. 78-1149.)

12        (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202)
13        Sec.  2.  Legislative  purpose.  It  is  found that there
14    exists, and may in the future  exist,  within  the  State  of
15    Illinois  public  swimming  pools,  spas,  water  slides, and
16    public bathing beaches, and other aquatic features which  are
17    substandard  in  one  or  more  important features of safety,
18    cleanliness or sanitation. Such conditions  adversely  affect
19    the public health, safety and general welfare of persons.
20        Therefore, the purpose of this Act is to protect, promote
21    and preserve the public health, safety and general welfare by
22    providing  for  the  establishment and enforcement of minimum
23    standards for safety, cleanliness and general sanitation  for
24    all  swimming  pools,  spas, water slides, and public bathing
25    beaches, and other  aquatic  features  now  in  existence  or
26    hereafter  constructed,  or  developed,  or  altered  and  to
27    provide for inspection and licensing of all such facilities.
28    (Source: P.A. 78-1149.)

29        (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203)
 
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 1        Sec.  3.  Definitions.  As  used  in this Act, unless the
 2    context otherwise requires, the terms specified  in  Sections
 3    3.01  through 3.12 3.09 have the meanings ascribed to them in
 4    those Sections.
 5    (Source: P.A. 78-1149.)

 6        (210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)
 7        Sec. 3.01.  Swimming  pool.  "Swimming  Pool"  means  any
 8    artificial  basin  of  water  which  is  modified,  improved,
 9    constructed  or installed for the purpose of public swimming,
10    wading,  floating,  or  diving,  and  includes:   pools   for
11    community  use,  pools at apartments, condominiums, and other
12    groups or associations having 5 or more living units,  clubs,
13    churches,    camps,    schools,   institutions,   Y.M.C.A.'s,
14    Y.W.C.A.'s, parks, recreational  areas,  motels,  hotels  and
15    other commercial establishments. It does not include pools at
16    private residences intended only for the use of the owner and
17    guests.
18    (Source: P.A. 86-595.)

19        (210 ILCS 125/3.10 new)
20        Sec. 3.10. Spa. "Spa" means a basin of water designed for
21    recreational or therapeutic use that is not drained, cleaned,
22    or   refilled   for   each  user.  It  may  include  hydrojet
23    circulation,  hot  water,  cold  water  mineral   bath,   air
24    induction  bubbles,  or some combination thereof. It includes
25    "therapeutic pools", "hydrotherapy pools", "whirlpools", "hot
26    spas", and "hot tubs". It does not include  these  facilities
27    at individual residences intended for use by the occupant and
28    his or her guests.

29        (210 ILCS 125/3.11 new)
30        Sec. 3.11. Water slide. "Water slide" means a ride with a
31    flow of water and having a flume exceeding 30 feet in length.
 
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 1        (210 ILCS 125/3.12 new)
 2        Sec. 3.12. Swimming facility. "Swimming Facility" means a
 3    swimming  pool,  spa, public bathing beach, water slide, lazy
 4    river, or other similar aquatic feature.

 5        (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)
 6        Sec. 4. License to operate. After  May  January  1,  2002
 7    1974, it shall be unlawful for any person to open, establish,
 8    maintain  or operate a swimming pool, water slide, or bathing
 9    beach within this State without  first  obtaining  a  license
10    therefor  from the Department. After May 1, 2003, it shall be
11    unlawful for any person  to  open,  establish,  maintain,  or
12    operate  a  spa  within  this State without first obtaining a
13    license from the Department. Licenses for bathing beaches and
14    outdoor swimming facilities pools shall expire  May  1,  next
15    following  the  swimming  season  for  which  the license was
16    issued and licenses for indoor pools shall expire on December
17    1, next following the date of issue, except that an  original
18    license  for  a swimming facility an indoor pool issued after
19    February September 1 and before May December 1  shall  expire
20    on  May December 1 of the following year. Licenses for indoor
21    pools that expire December 1, 2001 shall be renewed for a $75
22    fee  for  a  license  that  will  expire  on  May  1,   2003.
23    Applications  for  original  licenses  shall be made on forms
24    furnished  by  the  Department.  Each  application   to   the
25    Department  shall  be signed by the applicant and accompanied
26    by an affidavit of the applicant  as  to  the  truth  of  the
27    application  and,  except in the case of an application by an
28    organization incorporated under the General  Not  for  Profit
29    Corporation  Act,  as  amended,  by  the payment of a license
30    application fee of $50. License fees are not refundable. Each
31    application shall  contain:  the  name  and  address  of  the
32    applicant,  or  names  and  addresses  of the partners if the
33    applicant is a partnership, or the name and addresses of  the
 
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 1    officers  if  the applicant is a corporation or the names and
 2    addresses of all persons having an interest  therein  if  the
 3    applicant  is  a group of individuals, association, or trust;
 4    and the location of the swimming facility pool  or  beach.  A
 5    license  shall  be valid only in the possession of the person
 6    to whom it is issued and shall not be the  subject  of  sale,
 7    assignment, or other transfer, voluntary, or involuntary, nor
 8    shall  the license be valid for any premises other than those
 9    for which originally issued. Upon receipt of  an  application
10    for  an  original  license  the Department shall inspect such
11    swimming facility pool or beach  to  insure  compliance  with
12    this Act.
13    (Source: P.A. 86-595.)

14        (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)
15        Sec.  5. Permit for construction or major alteration.  No
16    swimming facility pool  or  public  bathing  beach  shall  be
17    constructed,  developed,  or installed, or altered in a major
18    manner until plans,  specifications,  and  other  information
19    relative  to  such  swimming  facility pool or beach area and
20    appurtenant facilities as may be requested by the  Department
21    are  submitted to and reviewed by the Department and found to
22    comply with minimum  sanitary  and  safety  requirements  and
23    design  criteria,  and until a permit for the construction or
24    development is issued by the Department. Construction permits
25    for spas are not required until January 1, 2003. Permits  are
26    valid  for  a period of one year from date of issue. They may
27    be reissued upon application to the Department and payment of
28    the permit fee as provided in this Act.
29        The fee to  be  paid  by  an  applicant,  other  than  an
30    organization  incorporated  under  the General Not for Profit
31    Corporation Act, as now or hereafter amended,  for  a  permit
32    for   construction,   development,   major   alteration,   or
33    installation  of  each  swimming facility is $50, which shall
 
HB1551 Engrossed            -5-                LRB9203542TAcs
 1    accompany such  application;  except  that  permit  fees  for
 2    swimming pools having 50,000 gallons or less is $25.
 3    (Source: P.A. 78-1149.)

 4        (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)
 5        Sec.  6. License renewal. Applications for renewal of the
 6    license shall be  made  in  writing  by  the  holder  of  the
 7    license,  on forms furnished by the Department and, except in
 8    the case of an application by  an  organization  incorporated
 9    under  the  General Not for Profit Corporation Act, as now or
10    hereafter  amended,  shall  be  accompanied  by   a   license
11    application  fee  of  $50, which shall not be refundable, and
12    shall contain any change in the information  submitted  since
13    the  original  license  was  issued  or  the  latest  renewal
14    granted.  In  addition  to any other fees required under this
15    Act, a late fee of $20 shall  be  charged  when  any  renewal
16    application  is  received by the Department after the license
17    has expired; however, educational institutions and  units  of
18    State  or  local government shall not be required to pay late
19    fees.  If, after inspection, the Department is satisfied that
20    the  swimming  facility  pool  or  beach  is  in  substantial
21    compliance with the provisions of this Act and the rules  and
22    regulations issued thereunder, the Department shall issue the
23    renewal license.
24    (Source: P.A. 85-1261.)

25        (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207)
26        Sec. 7. Conditional license. If the Department finds that
27    the facilities of any swimming facility pool or bathing beach
28    for  which a license is sought are not in compliance with the
29    provisions of this Act and the rules and regulations  of  the
30    Department  relating  thereto,  but may operate without undue
31    prejudice  to  the  public,  the  Department  may   issue   a
32    conditional or temporary license setting forth the conditions
 
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 1    on  which  the  license  is  issued,  the manner in which the
 2    swimming facility pool or beach fails to comply with the  Act
 3    and such rules and regulations, and shall set forth the time,
 4    not  to  exceed 3 years, within which the applicant must make
 5    any changes or corrections necessary  to  fully  comply  with
 6    this  Act  and  the  rules  and regulations of the Department
 7    relating thereto. No more  than  3  such  consecutive  annual
 8    conditional or temporary licenses may be issued.
 9    (Source: P.A. 78-1149.)

10        (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)
11        Sec.  8.  Payment of fees; display of licenses.  All fees
12    generated under the authority of this Act shall be  deposited
13    into   the   Facility   Licensing   Fund   and,   subject  to
14    appropriation,  shall  be  used  by  the  Department  in  the
15    administration of this Act. All fees shall  be  submitted  in
16    the  form of a check or money order. All licenses and permits
17    provided for in this Act shall be displayed in a  conspicuous
18    place for public view, within or on such premises. In case of
19    revocation or suspension, the owner or operator or both shall
20    cause  the  license  to  be removed and to post the notice of
21    revocation or suspension issued by the Department.
22    (Source: P.A. 78-1149.)

23        (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)
24        Sec.   9.   Inspections.   Subject   to    constitutional
25    limitations,  the  Department,  by its representatives, after
26    proper identification, is authorized and shall have the power
27    to enter at reasonable times upon private or public  property
28    for  the  purpose  of inspecting and investigating conditions
29    relating to the  enforcement  of  this  Act  and  regulations
30    issued  hereunder.  Written notice of all violations shall be
31    given to the owners,  operators  and  licensees  of  swimming
32    facilities pools and bathing beaches.
 
HB1551 Engrossed            -7-                LRB9203542TAcs
 1    (Source: P.A. 78-1149.)

 2        (210 ILCS 125/10) (from Ch. 111 1/2, par. 1210)
 3        Sec.  10. Access to premises. It shall be the duty of the
 4    owners, operators and licensees of swimming facilities  pools
 5    and bathing beaches to give the Department and its authorized
 6    agents  free  access to such premises at all reasonable times
 7    for the purpose of inspection.
 8    (Source: P.A. 78-1149.)

 9        (210 ILCS 125/12) (from Ch. 111 1/2, par. 1212)
10        Sec. 12. Water  samples.  Licensees  shall  cause  to  be
11    submitted  water  samples and such operational and analytical
12    data and records as may be  required  by  the  Department  to
13    determine  the sanitary and safety conditions of the swimming
14    facility pool or bathing beach.
15    (Source: P.A. 78-1149.)

16        (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)
17        Sec.  13.   Rules.  The  Department   shall   promulgate,
18    publish, adopt and amend such rules and regulations as may be
19    necessary  for the proper enforcement of this Act, to protect
20    the health and safety of the  public  using  such  pools  and
21    beaches,   spas,  and  other  appurtenances,  and  may,  when
22    necessary, utilize the services of any other  state  agencies
23    to  assist  in  carrying  out the purposes of this Act. These
24    regulations shall include  but  are  not  limited  to  design
25    criteria  for  swimming  facility  pool  and  beach areas and
26    bather  preparation   facilities,   standards   relating   to
27    sanitation,  cleanliness,  plumbing, water supply, sewage and
28    solid  waste  disposal,  design  and  construction   of   all
29    equipment, buildings, rodent and insect control, communicable
30    disease   control,   safety  and  sanitation  of  appurtenant
31    swimming pool and  beach  facilities.  The  regulations  must
 
HB1551 Engrossed            -8-                LRB9203542TAcs
 1    include provisions for the prevention of bather entrapment or
 2    entanglement  at  new  and  existing swimming facilities. The
 3    Department may adopt less  stringent  requirements  for  spas
 4    existing prior to January 1, 2003 than for new spas, provided
 5    minimum  safety  features,  including  provisions  to protect
 6    against bather entrapment, are provided.  Bather  preparation
 7    facilities  consisting  of  dressing  room space, toilets and
 8    showers shall be available for use  of  patrons  of  swimming
 9    facilities   pools   and   beaches,  except  as  provided  by
10    Department regulations.
11    (Source: P.A. 86-595.)

12        (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
13        Sec. 21. Closure of  facility.  Whenever  the  Department
14    finds  any  of the conditions hereinafter set forth it shall,
15    by written notice, immediately order the owner,  operator  or
16    licensee  to close the swimming facility pool or beach and to
17    prohibit any person from using such facilities:
18        (1)  If conditions at a swimming facility pool or bathing
19    beach and appurtenances, including bathhouse facilities, upon
20    inspection and  investigation  by  a  representative  of  the
21    Department,  create  an immediate danger to health or safety,
22    including conditions that could lead to bather entrapment  or
23    entanglement; or
24        (2)  When  the  Department,  upon  review  of  results of
25    bacteriological analyses of water samples  collected  from  a
26    swimming  facility  pool  or  bathing  beach, finds that such
27    water does  not  conform  to  the  bacteriological  standards
28    promulgated  by  the  Department  for  proper  swimming water
29    quality; or
30        (3)  When  an  environmental  survey  of  an  area  shows
31    evidence of sewage or other pollutional  or  toxic  materials
32    being  discharged  to waters tributary to a beach creating an
33    immediate danger to health or safety; or
 
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 1        (4)  When the Department finds by observation or test for
 2    water clarity of the swimming facility pool or beach water  a
 3    higher  turbidity  level  than permitted in the standards for
 4    physical quality as promulgated by the Department; or
 5        (5)  When in such cases as it is required,  the  presence
 6    of  a  satisfactory disinfectant residual, prescribed by rule
 7    as promulgated by the Department, is absent.
 8        The notice shall state the reasons prompting the  closing
 9    of  the  facilities  and  a copy of the notice must be posted
10    conspicuously at the pool or beach by the owner, operator  or
11    licensee.
12        The  State's  Attorney and Sheriff of the county in which
13    the swimming facility pool or bathing beach is located  shall
14    enforce the closing order after receiving notice thereof.
15        Any owner, operator or licensee affected by such an order
16    is  entitled,  upon  written  request to the Department, to a
17    hearing as provided in this Act.
18        When such conditions are abated or when  the  results  of
19    analyses   of  water  samples  collected  from  the  swimming
20    facility pool or beach, in the  opinion  of  the  Department,
21    comply  with  the  Department's bacteriological standards for
22    acceptable water quality, or when the turbidity decreases  to
23    the  permissible  limit,  or  when  the disinfectant residual
24    reaches a satisfactory  level  as  prescribed  by  rule,  the
25    Department  may  authorize  reopening the pool or beach. When
26    sources of sewage, pollution, or toxic  materials  discovered
27    as  a  result  of an environmental survey are eliminated, the
28    Department may authorize reopening of such beach.
29    (Source: P.A. 78-1149.)

30        (210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1)
31        Sec. 21.1.  Use of life jackets. No person shall prohibit
32    the use of a life jacket in a swimming facility  pool  by  an
33    individual  who,  as  evidenced  by  a  statement signed by a
 
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 1    licensed physician, suffers from  a  physical  disability  or
 2    condition which necessitates the use of such life jacket.
 3    (Source: P.A. 84-964.)

 4        (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223)
 5        Sec.  23. Applicability of Act. Nothing in this Act shall
 6    be construed to exclude the State of Illinois and Departments
 7    and educational  institutions  thereof  and  units  of  local
 8    government  except  that  the provisions in this Act for fees
 9    for licenses and permits, and the  provisions  for  fine  and
10    imprisonment  shall  not  apply  to the State of Illinois, to
11    Departments and educational institutions thereof, or units of
12    local  government.  This  Act  shall  not  apply  to  beaches
13    operated  by  units  of  local  government  located  on  Lake
14    Michigan.
15    (Source: P.A. 78-1149.)

16        (210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)
17        Sec. 27. Adoption of ordinances. Any unit  of  government
18    having   a   full-time   municipal,   district,   county   or
19    multiple-county  health  department  and  which  employs full
20    time:  1.  a  physician  licensed  in  Illinois  to  practice
21    medicine in all its branches and, 2. a professional engineer,
22    registered in Illinois,  with  a  minimum  of  2  two  years'
23    experience   in  environmental  health,  may  administer  and
24    enforce  this  Act  by  adopting  an  ordinance  electing  to
25    administer and enforce this Act and adopting by reference the
26    rules and regulations promulgated and amended  from  time  to
27    time by the Department under authority of this Act.
28        A  unit  of local government that so qualified and elects
29    to  administer  and  enforce  this  Act  shall  furnish   the
30    Department  a  copy  of  its  ordinance  and  the  names  and
31    qualifications  of  the  employees  required by this Act. The
32    unit of local government ordinance shall then prevail in lieu
 
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 1    of the state licensure fee and inspection  program  with  the
 2    exception of Section 5 of this Act which provides for permits
 3    for   construction,   development   and  installation,  which
 4    provisions  shall  continue  to  be   administered   by   the
 5    Department.  Units  of  local  government  shall require such
 6    State permits as provided  in  Section  5  prior  to  issuing
 7    licenses  for  swimming  facilities  pools  or public bathing
 8    beaches constructed, developed, or installed, or altered in a
 9    major manner after the effective date of this Act.
10        Not  less  than  once  each  year  the  Department  shall
11    evaluate  each  unit  of  local  government's  licensing  and
12    inspection program to determine whether such program is being
13    operated and enforced in accordance with  this  Act  and  the
14    rules   and   regulations   promulgated  thereunder.  If  the
15    Department finds, after investigation, that such  program  is
16    not  being  enforced within the provisions of this Act and/or
17    the  rules  and  regulations  promulgated   thereunder,   the
18    Director  shall  give  written notice of such findings to the
19    unit of government. If the Department finds, not less than 30
20    days of such given notice, that  the  program  is  not  being
21    conducted  and  enforced  within  the  provisions of this Act
22    and/or the rules and regulations promulgated thereunder,  the
23    Director  shall give written notice to the unit of government
24    that its authority to administer this  Act  is  revoked.  Any
25    unit  of government whose authority to administer this Act is
26    revoked may request an administrative hearing as provided  in
27    this  Act.  If  the  unit  of  government  fails to request a
28    hearing or if, after such hearing, the Director confirms  the
29    revocation,  all swimming facilities pools and public bathing
30    beaches then operating under such unit of government shall be
31    immediately subject to the State licensure fee and inspection
32    program, until such time as the unit of government  is  again
33    authorized  by  the Department to administer and enforce this
34    Act.
 
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 1    (Source: P.A. 86-595.)

 2        (210 ILCS 125/28 rep.)
 3        Section 10.  The Swimming Pool and Bathing Beach  Act  is
 4    amended by repealing Section 28.

 5        Section  95.   The  Illinois  Migrant  Labor  Camp Law is
 6    amended by changing Section 18 as follows:

 7        (210 ILCS 110/18)
 8        Sec. 18.  The Department shall deposit all fees and fines
 9    collected under this Act into the  Facility  Licensing  Fund.
10    Moneys  in  the Fund, subject to appropriation, shall be used
11    for the enforcement of this Act.
12    (Source: P.A. 88-535.)

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

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