State of Illinois
92nd General Assembly
Legislation

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92_HB1551ham001

 










                                           LRB9203542TAtmam01

 1                    AMENDMENT TO HOUSE BILL 1551

 2        AMENDMENT  NO.  _______.   Amend  House  Bill   1551   by
 3    replacing the title with the following:
 4        "AN ACT concerning public health and safety."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

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

15        (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202)
16        Sec. 2. Legislative  purpose.  It  is  found  that  there
17    exists,  and  may  in  the  future exist, within the State of
18    Illinois public  swimming  pools,  spas,  water  slides,  and
19    public  bathing beaches, and other aquatic features which are
20    substandard in one or  more  important  features  of  safety,
 
                            -2-            LRB9203542TAtmam01
 1    cleanliness  or  sanitation. Such conditions adversely affect
 2    the public health, safety and general welfare of persons.
 3        Therefore, the purpose of this Act is to protect, promote
 4    and preserve the public health, safety and general welfare by
 5    providing for the establishment and  enforcement  of  minimum
 6    standards  for safety, cleanliness and general sanitation for
 7    all swimming pools, spas, water slides,  and  public  bathing
 8    beaches,  and  other  aquatic  features  now  in existence or
 9    hereafter  constructed,  or  developed,  or  altered  and  to
10    provide for inspection and licensing of all such facilities.
11    (Source: P.A. 78-1149.)

12        (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203)
13        Sec. 3. Definitions. As used  in  this  Act,  unless  the
14    context  otherwise  requires, the terms specified in Sections
15    3.01 through 3.12 3.09 have the meanings ascribed to them  in
16    those Sections.
17    (Source: P.A. 78-1149.)

18        (210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)
19        Sec.  3.01.  Swimming  pool.  "Swimming  Pool"  means any
20    artificial  basin  of  water  which  is  modified,  improved,
21    constructed or installed for the purpose of public  swimming,
22    wading,   floating,   or  diving,  and  includes:  pools  for
23    community use, pools at apartments, condominiums,  and  other
24    groups  or associations having 5 or more living units, clubs,
25    churches,   camps,   schools,    institutions,    Y.M.C.A.'s,
26    Y.W.C.A.'s,  parks,  recreational  areas,  motels, hotels and
27    other commercial establishments. It does not include pools at
28    private residences intended only for the use of the owner and
29    guests.
30    (Source: P.A. 86-595.)

31        (210 ILCS 125/3.10 new)
 
                            -3-            LRB9203542TAtmam01
 1        Sec. 3.10. Spa. "Spa" means a basin of water designed for
 2    recreational or therapeutic use that is not drained, cleaned,
 3    or  refilled  for  each  user.  It   may   include   hydrojet
 4    circulation,   hot   water,  cold  water  mineral  bath,  air
 5    induction bubbles, or some combination thereof.  It  includes
 6    "therapeutic pools", "hydrotherapy pools", "whirlpools", "hot
 7    spas",  and  "hot tubs". It does not include these facilities
 8    at individual residences intended for use by the occupant and
 9    his or her guests.

10        (210 ILCS 125/3.11 new)
11        Sec. 3.11. Water slide. "Water slide" means a ride with a
12    flow of water and having a flume exceeding 30 feet in length.

13        (210 ILCS 125/3.12 new)
14        Sec. 3.12. Swimming facility. "Swimming Facility" means a
15    swimming pool, spa, public bathing beach, water  slide,  lazy
16    river, or other similar aquatic feature.

17        (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)
18        Sec.  4.  License  to  operate. After May January 1, 2002
19    1974, it shall be unlawful for any person to open, establish,
20    maintain or operate a swimming pool, water slide, or  bathing
21    beach  within  this  State  without first obtaining a license
22    therefor from the Department. After May 1, 2003, it shall  be
23    unlawful  for  any  person  to  open, establish, maintain, or
24    operate a spa within this State  without  first  obtaining  a
25    license from the Department. Licenses for bathing beaches and
26    outdoor  swimming  facilities  pools shall expire May 1, next
27    following the swimming  season  for  which  the  license  was
28    issued and licenses for indoor pools shall expire on December
29    1,  next following the date of issue, except that an original
30    license for a swimming facility an indoor pool  issued  after
31    February  September  1 and before May December 1 shall expire
 
                            -4-            LRB9203542TAtmam01
 1    on May December 1 of the following year. Licenses for  indoor
 2    pools that expire December 1, 2001 shall be renewed for a $75
 3    fee   for  a  license  that  will  expire  on  May  1,  2003.
 4    Applications for original licenses shall  be  made  on  forms
 5    furnished   by   the  Department.  Each  application  to  the
 6    Department shall be signed by the applicant  and  accompanied
 7    by  an  affidavit  of  the  applicant  as to the truth of the
 8    application and, except in the case of an application  by  an
 9    organization  incorporated  under  the General Not for Profit
10    Corporation Act, as amended, by  the  payment  of  a  license
11    application fee of $50. License fees are not refundable. Each
12    application  shall  contain:  the  name  and  address  of the
13    applicant, or names and addresses  of  the  partners  if  the
14    applicant  is a partnership, or the name and addresses of the
15    officers if the applicant is a corporation or the  names  and
16    addresses  of  all  persons having an interest therein if the
17    applicant is a group of individuals, association,  or  trust;
18    and  the  location  of the swimming facility pool or beach. A
19    license shall be valid only in the possession of  the  person
20    to  whom  it  is issued and shall not be the subject of sale,
21    assignment, or other transfer, voluntary, or involuntary, nor
22    shall the license be valid for any premises other than  those
23    for  which  originally issued. Upon receipt of an application
24    for an original license the  Department  shall  inspect  such
25    swimming  facility  pool  or  beach to insure compliance with
26    this Act.
27    (Source: P.A. 86-595.)

28        (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)
29        Sec. 5. Permit for construction or major alteration.   No
30    swimming  facility  pool  or  public  bathing  beach shall be
31    constructed, developed, or installed, or altered in  a  major
32    manner  until  plans,  specifications,  and other information
33    relative to such swimming facility pool  or  beach  area  and
 
                            -5-            LRB9203542TAtmam01
 1    appurtenant  facilities as may be requested by the Department
 2    are submitted to and reviewed by the Department and found  to
 3    comply  with  minimum  sanitary  and  safety requirements and
 4    design criteria, and until a permit for the  construction  or
 5    development is issued by the Department. Construction permits
 6    for  spas are not required until January 1, 2003. Permits are
 7    valid for a period of one year from date of issue.  They  may
 8    be reissued upon application to the Department and payment of
 9    the permit fee as provided in this Act.
10        The  fee  to  be  paid  by  an  applicant,  other than an
11    organization incorporated under the General  Not  for  Profit
12    Corporation  Act,  as  now or hereafter amended, for a permit
13    for   construction,   development,   major   alteration,   or
14    installation of each swimming facility is  $50,  which  shall
15    accompany  such  application;  except  that  permit  fees for
16    swimming pools having 50,000 gallons or less is $25.
17    (Source: P.A. 78-1149.)

18        (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)
19        Sec. 6. License renewal. Applications for renewal of  the
20    license  shall  be  made  in  writing  by  the  holder of the
21    license, on forms furnished by the Department and, except  in
22    the  case  of  an application by an organization incorporated
23    under the General Not for Profit Corporation Act, as  now  or
24    hereafter   amended,   shall  be  accompanied  by  a  license
25    application fee of $50, which shall not  be  refundable,  and
26    shall  contain  any change in the information submitted since
27    the  original  license  was  issued  or  the  latest  renewal
28    granted. In addition to any other fees  required  under  this
29    Act,  a  late  fee  of  $20 shall be charged when any renewal
30    application is received by the Department after  the  license
31    has  expired;  however, educational institutions and units of
32    State or local government shall not be required to  pay  late
33    fees.  If, after inspection, the Department is satisfied that
 
                            -6-            LRB9203542TAtmam01
 1    the  swimming  facility  pool  or  beach  is  in  substantial
 2    compliance  with the provisions of this Act and the rules and
 3    regulations issued thereunder, the Department shall issue the
 4    renewal license.
 5    (Source: P.A. 85-1261.)

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

23        (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)
24        Sec. 8. Payment of fees; display of licenses.   All  fees
25    generated  under the authority of this Act shall be deposited
26    into  the   Facility   Licensing   Fund   and,   subject   to
27    appropriation,  shall  be  used  by  the  Department  in  the
28    administration  of  this  Act. All fees shall be submitted in
29    the form of a check or money order. All licenses and  permits
30    provided  for in this Act shall be displayed in a conspicuous
31    place for public view, within or on such premises. In case of
32    revocation or suspension, the owner or operator or both shall
 
                            -7-            LRB9203542TAtmam01
 1    cause the license to be removed and to  post  the  notice  of
 2    revocation or suspension issued by the Department.
 3    (Source: P.A. 78-1149.)

 4        (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)
 5        Sec.    9.   Inspections.   Subject   to   constitutional
 6    limitations, the Department, by  its  representatives,  after
 7    proper identification, is authorized and shall have the power
 8    to  enter at reasonable times upon private or public property
 9    for the purpose of inspecting  and  investigating  conditions
10    relating  to  the  enforcement  of  this  Act and regulations
11    issued hereunder. Written notice of all violations  shall  be
12    given  to  the  owners,  operators  and licensees of swimming
13    facilities pools and bathing beaches.
14    (Source: P.A. 78-1149.)

15        (210 ILCS 125/10) (from Ch. 111 1/2, par. 1210)
16        Sec. 10. Access to premises. It shall be the duty of  the
17    owners,  operators and licensees of swimming facilities pools
18    and bathing beaches to give the Department and its authorized
19    agents free access to such premises at all  reasonable  times
20    for the purpose of inspection.
21    (Source: P.A. 78-1149.)

22        (210 ILCS 125/12) (from Ch. 111 1/2, par. 1212)
23        Sec.  12.  Water  samples.  Licensees  shall  cause to be
24    submitted water samples and such operational  and  analytical
25    data  and  records  as  may  be required by the Department to
26    determine the sanitary and safety conditions of the  swimming
27    facility pool or bathing beach.
28    (Source: P.A. 78-1149.)

29        (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)
30        Sec.   13.    Rules.  The  Department  shall  promulgate,
 
                            -8-            LRB9203542TAtmam01
 1    publish, adopt and amend such rules and regulations as may be
 2    necessary for the proper enforcement of this Act, to  protect
 3    the  health  and  safety  of  the public using such pools and
 4    beaches,  spas,  and  other  appurtenances,  and  may,   when
 5    necessary,  utilize  the services of any other state agencies
 6    to assist in carrying out the purposes  of  this  Act.  These
 7    regulations  shall  include  but  are  not  limited to design
 8    criteria for swimming  facility  pool  and  beach  areas  and
 9    bather   preparation   facilities,   standards   relating  to
10    sanitation, cleanliness, plumbing, water supply,  sewage  and
11    solid   waste   disposal,  design  and  construction  of  all
12    equipment, buildings, rodent and insect control, communicable
13    disease  control,  safety  and  sanitation   of   appurtenant
14    swimming  pool  and  beach  facilities.  The regulations must
15    include provisions for the prevention of bather entrapment or
16    entanglement at new and  existing  swimming  facilities.  The
17    Department  may  adopt  less  stringent requirements for spas
18    existing prior to January 1, 2003 than for new spas, provided
19    minimum safety  features,  including  provisions  to  protect
20    against  bather  entrapment, are provided. Bather preparation
21    facilities consisting of dressing  room  space,  toilets  and
22    showers  shall  be  available  for use of patrons of swimming
23    facilities  pools  and  beaches,  except   as   provided   by
24    Department regulations.
25    (Source: P.A. 86-595.)

26        (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
27        Sec.  21.  Closure  of  facility. Whenever the Department
28    finds any of the conditions hereinafter set forth  it  shall,
29    by  written  notice, immediately order the owner, operator or
30    licensee to close the swimming facility pool or beach and  to
31    prohibit any person from using such facilities:
32        (1)  If conditions at a swimming facility pool or bathing
33    beach and appurtenances, including bathhouse facilities, upon
 
                            -9-            LRB9203542TAtmam01
 1    inspection  and  investigation  by  a  representative  of the
 2    Department, create an immediate danger to health  or  safety,
 3    including  conditions that could lead to bather entrapment or
 4    entanglement; or
 5        (2)  When the  Department,  upon  review  of  results  of
 6    bacteriological  analyses  of  water samples collected from a
 7    swimming facility pool or  bathing  beach,  finds  that  such
 8    water  does  not  conform  to  the  bacteriological standards
 9    promulgated by  the  Department  for  proper  swimming  water
10    quality; or
11        (3)  When  an  environmental  survey  of  an  area  shows
12    evidence  of  sewage  or other pollutional or toxic materials
13    being discharged to waters tributary to a beach  creating  an
14    immediate danger to health or safety; or
15        (4)  When the Department finds by observation or test for
16    water  clarity of the swimming facility pool or beach water a
17    higher turbidity level than permitted in  the  standards  for
18    physical quality as promulgated by the Department; or
19        (5)  When  in  such cases as it is required, the presence
20    of a satisfactory disinfectant residual, prescribed  by  rule
21    as promulgated by the Department, is absent.
22        The  notice shall state the reasons prompting the closing
23    of the facilities and a copy of the  notice  must  be  posted
24    conspicuously  at the pool or beach by the owner, operator or
25    licensee.
26        The State's Attorney and Sheriff of the county  in  which
27    the  swimming facility pool or bathing beach is located shall
28    enforce the closing order after receiving notice thereof.
29        Any owner, operator or licensee affected by such an order
30    is entitled, upon written request to  the  Department,  to  a
31    hearing as provided in this Act.
32        When  such  conditions  are abated or when the results of
33    analyses  of  water  samples  collected  from  the   swimming
34    facility  pool  or  beach,  in the opinion of the Department,
 
                            -10-           LRB9203542TAtmam01
 1    comply with the Department's  bacteriological  standards  for
 2    acceptable  water quality, or when the turbidity decreases to
 3    the permissible limit,  or  when  the  disinfectant  residual
 4    reaches  a  satisfactory  level  as  prescribed  by rule, the
 5    Department may authorize reopening the pool  or  beach.  When
 6    sources  of  sewage, pollution, or toxic materials discovered
 7    as a result of an environmental survey  are  eliminated,  the
 8    Department may authorize reopening of such beach.
 9    (Source: P.A. 78-1149.)

10        (210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1)
11        Sec. 21.1.  Use of life jackets. No person shall prohibit
12    the  use  of  a life jacket in a swimming facility pool by an
13    individual who, as evidenced  by  a  statement  signed  by  a
14    licensed  physician,  suffers  from  a physical disability or
15    condition which necessitates the use of such life jacket.
16    (Source: P.A. 84-964.)

17        (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223)
18        Sec. 23. Applicability of Act. Nothing in this Act  shall
19    be construed to exclude the State of Illinois and Departments
20    and  educational  institutions  thereof  and  units  of local
21    government except that the provisions in this  Act  for  fees
22    for  licenses  and  permits,  and the provisions for fine and
23    imprisonment shall not apply to the  State  of  Illinois,  to
24    Departments and educational institutions thereof, or units of
25    local  government.  This  Act  shall  not  apply  to  beaches
26    operated  by  units  of  local  government  located  on  Lake
27    Michigan.
28    (Source: P.A. 78-1149.)

29        (210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)
30        Sec.  27.  Adoption of ordinances. Any unit of government
31    having   a   full-time   municipal,   district,   county   or
 
                            -11-           LRB9203542TAtmam01
 1    multiple-county health  department  and  which  employs  full
 2    time:  1.  a  physician  licensed  in  Illinois  to  practice
 3    medicine in all its branches and, 2. a professional engineer,
 4    registered  in  Illinois,  with  a  minimum  of  2 two years'
 5    experience  in  environmental  health,  may  administer   and
 6    enforce  this  Act  by  adopting  an  ordinance  electing  to
 7    administer and enforce this Act and adopting by reference the
 8    rules  and  regulations  promulgated and amended from time to
 9    time by the Department under authority of this Act.
10        A unit of local government that so qualified  and  elects
11    to   administer  and  enforce  this  Act  shall  furnish  the
12    Department  a  copy  of  its  ordinance  and  the  names  and
13    qualifications of the employees required  by  this  Act.  The
14    unit of local government ordinance shall then prevail in lieu
15    of  the  state  licensure fee and inspection program with the
16    exception of Section 5 of this Act which provides for permits
17    for  construction,  development   and   installation,   which
18    provisions   shall   continue   to  be  administered  by  the
19    Department. Units of  local  government  shall  require  such
20    State  permits  as  provided  in  Section  5 prior to issuing
21    licenses for swimming  facilities  pools  or  public  bathing
22    beaches constructed, developed, or installed, or altered in a
23    major manner after the effective date of this Act.
24        Not  less  than  once  each  year  the  Department  shall
25    evaluate  each  unit  of  local  government's  licensing  and
26    inspection program to determine whether such program is being
27    operated  and  enforced  in  accordance with this Act and the
28    rules  and  regulations  promulgated   thereunder.   If   the
29    Department  finds,  after investigation, that such program is
30    not being enforced within the provisions of this  Act  and/or
31    the   rules   and  regulations  promulgated  thereunder,  the
32    Director shall give written notice of such  findings  to  the
33    unit of government. If the Department finds, not less than 30
34    days  of  such  given  notice,  that the program is not being
 
                            -12-           LRB9203542TAtmam01
 1    conducted and enforced within  the  provisions  of  this  Act
 2    and/or  the rules and regulations promulgated thereunder, the
 3    Director shall give written notice to the unit of  government
 4    that  its  authority  to  administer this Act is revoked. Any
 5    unit of government whose authority to administer this Act  is
 6    revoked  may request an administrative hearing as provided in
 7    this Act. If the  unit  of  government  fails  to  request  a
 8    hearing  or if, after such hearing, the Director confirms the
 9    revocation, all swimming facilities pools and public  bathing
10    beaches then operating under such unit of government shall be
11    immediately subject to the State licensure fee and inspection
12    program,  until  such time as the unit of government is again
13    authorized by the Department to administer and  enforce  this
14    Act.
15    (Source: P.A. 86-595.)

16        (210 ILCS 125/28 rep.)
17        Section  10.   The Swimming Pool and Bathing Beach Act is
18    amended by repealing Section 28.

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

21        (210 ILCS 110/18)
22        Sec. 18.  The Department shall deposit all fees and fines
23    collected  under  this  Act into the Facility Licensing Fund.
24    Moneys in the Fund, subject to appropriation, shall  be  used
25    for the enforcement of this Act.
26    (Source: P.A. 88-535.)

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

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