Public Act 096-1081
Public Act 1081 96TH GENERAL ASSEMBLY
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Public Act 096-1081
| | SB3057 Enrolled | LRB096 16294 KTG 31552 b |
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| AN ACT concerning regulation.
| 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 | Sections 2, 3, 3.12, 4, 5, 6, 7, 8, 13, 14, 21, and 23 and by | adding Sections 3.13, 15.1, 15.2, and 16.1 as follows:
| (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202) | Sec. 2. Legislative purpose. It is found that there exists, | and may in
the future exist, within the
State of Illinois | public swimming pools, spas, water slides, public
bathing | beaches, and other swimming facilities aquatic features which
| are substandard in one or more important features of safety, | cleanliness or
sanitation. Such conditions adversely affect | the public health, safety and
general welfare of persons. | Therefore, the purpose of this Act is to protect, promote | and preserve
the public health, safety and general welfare by | providing for the
establishment and enforcement of minimum | standards for safety, cleanliness
and general sanitation for | all swimming pools, spas, water slides,
public bathing beaches, | and other aquatic features
now in existence or hereafter | constructed, developed, or altered
and to
provide for
| inspection and licensing of all such facilities. | (Source: P.A. 92-18, eff. 6-28-01.)
|
| (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203) | Sec. 3. Definitions. As used in this Act, unless the | context otherwise
requires, the terms
specified in Sections | 3.01 through 3.13 3.12 have the meanings ascribed
to them
in | those Sections. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/3.12) | Sec. 3.12. Swimming facility. "Swimming Facility" means a | swimming pool,
spa, public bathing
beach, water slide, lazy | river, spray pool, or other similar aquatic feature that exists | for the purpose of providing recreation or therapeutic services | to the public. It does not include isolation or flotation | tanks. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/3.13 new) | Sec. 3.13. Spray pool. "Spray pool" means an aquatic | recreational facility that is not a swimming pool and that has | structures or fittings for spraying, dumping, or shooting | water. The term does not include facilities having as a source | of water a public water supply that is regulated by the | Illinois Environmental Protection Agency or the Illinois | Department of Public Health and that has no capacity to recycle | water.
|
| (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204) | Sec. 4. License to operate. After May 1, 2002,
it shall be | unlawful
for any person to open,
establish, maintain or operate | a swimming facility pool, water slide, or bathing
beach within | this
State without first obtaining a license therefor from the | Department.
After May 1, 2003, it shall be unlawful for any | person to open, establish,
maintain, or operate a spa within | this State without first obtaining a license
from the | Department. Licenses for swimming
facilities
shall expire May
| 1, next following the swimming season for which the license was | issued, except that an original license for a swimming facility | issued
after February 1 and before May 1 shall
expire on May 1 | of the
following year. Licenses for indoor pools that expire | December 1, 2001 shall
be renewed for a $75 fee for a license | that will expire on May 1, 2003.
Applications for
original | licenses shall be made on forms furnished by the Department. | Each
application to the Department shall be signed by the | applicant and
accompanied by an affidavit of the applicant as | to the truth of the
application and, except in the case of an | application by an organization
incorporated under the General | Not for Profit Corporation Act, as amended,
by the payment of a | license application fee of $50.
License fees are not | refundable. Each application shall contain: the name
and | address of the applicant, or names and addresses of the | partners if the
applicant is a partnership, or the name and |
| addresses of the officers if
the applicant is a corporation or | the names and addresses of all persons
having an interest | therein if the applicant is a group of individuals,
| association, or trust; and the location of the swimming | facility. A
license shall be valid only in the possession of | the person to whom it is
issued and shall not be the subject of | sale, assignment, or other transfer,
voluntary, or | involuntary, nor shall the license be valid for any premises
| other than those for which originally issued. Upon receipt of | an
application for an original license the Department shall | inspect such
swimming facility to insure compliance with this | Act. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205) | Sec. 5. Permit for construction or major alteration. No | swimming facility shall be
constructed,
developed, installed, | or altered in a major manner until plans,
specifications, and | other information
relative to such swimming facility and | appurtenant
facilities as may be
requested by the Department | are submitted to and reviewed by the Department
and found to | comply with minimum sanitary and safety requirements and
design | criteria, and until a permit for the construction or | development is
issued by the Department. Construction permits | for spas are not required
until January 1, 2003. Permits are | valid for a period of one year from
date of issue. They may be |
| reissued upon application to the Department and
payment of the | permit fee as provided in this Act. | The fee to be paid by an applicant, other than an | organization
incorporated under the General Not for Profit | Corporation Act, as now or
hereafter amended, for a permit for | construction, development, major
alteration, or
installation | of each swimming facility is $50, which shall accompany such
| application. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206) | Sec. 6. License renewal. Applications and fees for renewal | of
the license shall be made in writing by the holder of the | license, on forms
furnished by the Department and, except in | the case of an application by an
organization incorporated | under the General Not for Profit Corporation Act,
as now or | hereafter amended, shall be accompanied by a license | application
fee of $50, which shall not be refundable, and | shall contain any change in
the information submitted since the | original license was issued or the
latest renewal granted. In | addition to any other fees required under this
Act, a late fee | of $20 shall be charged when any renewal application is
| received by the Department after the license has expired; | however, educational
institutions and units of State or local | government shall not be required
to pay late fees. If, after | inspection, the Department is satisfied
that the swimming |
| facility is in substantial compliance
with the
provisions of | this Act and the rules and regulations issued thereunder, the
| Department shall issue the renewal license. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207) | Sec. 7. Conditional license. If the Department finds that | the facilities
of any swimming facility for which a license is | sought are not in compliance with the
provisions of this Act | and the rules and regulations of the Department
relating | thereto, but may operate without undue prejudice to the public,
| the Department may issue a conditional license setting forth
| the conditions on which the license is issued, the manner in | which the
swimming facility fails to comply with the Act and | such
rules and
regulations, and shall set forth the time, not | to exceed 3 years, within
which the applicant must make any | changes or corrections necessary to fully
comply with this Act | and the rules and regulations of the Department
relating | thereto. No more than 3 such consecutive annual conditional | licenses may be issued. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208) | Sec. 8. Payment of fees; display of licenses. All fees and | penalties generated under
the authority of this Act shall be | deposited into
the Facility Licensing Fund and, subject to |
| appropriation, shall be used by the
Department in the | administration of this Act. All fees and penalties shall be | submitted in
the form of a check or money order, or by other | means authorized by the Department. All
licenses provided for | in this Act shall be displayed in a
conspicuous place for | public view, within or on such premises. In case of
revocation | or suspension, the owner or operator or both shall cause the
| license to be removed and to post the notice of revocation or | suspension
issued by the Department. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213) | Sec. 13. Rules. The Department shall promulgate, publish, | adopt and
amend such
rules and regulations as may be necessary | for the proper enforcement of
this Act, to protect the health | and safety of the public using such pools
and beaches, spas, | and other appurtenances, and may, when necessary,
utilize the | services of any other
state agencies to assist in carrying out | the purposes of this Act. These rules
regulations shall include | but are not limited to design criteria for swimming
facility | areas and bather preparation facilities, standards relating to
| sanitation, cleanliness, plumbing, water supply, sewage and | solid waste
disposal, design and construction of all equipment, | buildings, rodent and
insect control, communicable disease | control, safety and sanitation of
appurtenant swimming | facilities. The rules regulations must
include provisions for |
| the prevention of bather entrapment or entanglement at
new and | existing swimming facilities. The
Department may adopt less | stringent requirements for spas existing prior to
January 1, | 2003 than for new spas, provided minimum safety features,
| including provisions to protect against bather entrapment, are | provided.
Bather preparation
facilities
consisting of dressing | room space, toilets and showers shall be available
for use of | patrons of swimming facilities, except as
provided by
| Department rules regulations. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/14) (from Ch. 111 1/2, par. 1214) | Sec. 14. | Whenever the Department determines that there are | reasonable grounds to
believe that there has been violation of | any provision of this Act or the
rules and regulations issued | hereunder, the Department shall give notice of
such alleged | violation to the person to whom the license was issued, as
| herein provided. Such notice shall: | (a) be in writing; | (b) include a statement of the reasons for the issuance of | the notice; | (c) (Blank) allow reasonable time as determined by the | Department for the
performance of any act it requires; | (d) be served upon the owner, operator or licensee as the | case may
require; provided that such notice or order shall be |
| deemed to have been
properly served upon such owner, operator | or licensee when a copy thereof
has been sent by registered or | certified mail to his last known address as
furnished to the | Department; or, when he has been served with such notice
by any | other method authorized by the laws of this State; | (e) (Blank) contain an outline of remedial action, which, | if taken, will be
required to effect compliance with the | provisions of this Act and the rules
and regulations issued | hereunder. | (Source: P.A. 78-1149.)
| (210 ILCS 125/15.1 new) | 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.
| (210 ILCS 125/15.2 new) | Sec. 15.2. Violations and civil penalties. The Department | is empowered to assess civil penalties and sanctions for | violations of this Act and the rules promulgated under this | Act. Each day a violation exists shall constitute a separate | violation.
| (210 ILCS 125/16.1 new) | Sec. 16.1. Denial, suspension, or revocation of a license. |
| The Director, after notice and opportunity for a hearing to a | party, may deny, suspend, or revoke a license or permit, or | assess a civil penalty, in any case in which he or she finds | that there has been a substantial failure to comply with the | provisions of this Act or rules established under it. Notice | shall be provided by certified mail, return receipt requested, | or served personally and by fixing a date, not less than 15 | days from the date of such mailing or service, at which time | the applicant or license holder shall be given an opportunity | to serve a written request for hearing upon the Department. The | hearing shall be conducted by the Director or by an individual | designated in writing by the Director as the Hearing Officer. | On the basis of any such hearing, or upon default of the | applicant or license holder, the Director shall make a | determination specifying his or her findings and conclusions. A | copy of the determinations shall be sent by certified mail, | return receipt requested, or served personally upon the | applicant or license holder.
| (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221) | Sec. 21. Closure of facility. Whenever the Department finds | any violation of this Act or the rules promulgated under this | Act, if the violation presents an emergency or risk to public | health, the Department the
conditions hereinafter set
forth it | shall, without prior notice or hearing, issue a by written | notice, immediately order the owner, operator, or
licensee to |
| close the swimming facility and to prohibit
any person from | using
such facilities. Notwithstanding any other provisions in | this Act, such order shall be effective immediately. : | (1) If conditions at a swimming facility and
| appurtenances,
including bathhouse facilities, upon | inspection and investigation by a
representative of the | Department, create an immediate danger to health or
safety, | including conditions that could lead to bather entrapment | or
entanglement; or | (2) When the Department, upon review of results of | bacteriological
analyses of water samples collected from a | swimming facility,
finds that such water does not conform | to the bacteriological standards
promulgated by the | Department for proper swimming water quality; or | (3) When an environmental survey of an area shows | evidence of sewage or
other pollutional or toxic materials | being discharged to waters tributary
to a beach creating an | immediate danger to health or safety; or | (4) When the Department finds by observation or test | for water clarity
of the swimming facility water a higher | turbidity level
than permitted in the
standards for | physical quality as promulgated by the Department; or | (5) When in such cases as it is required, the presence | of a satisfactory
disinfectant residual, prescribed by | rule as promulgated by the Department,
is absent. | The notice shall state the reasons prompting the closing of |
| the
facilities and a copy of the notice must be posted | conspicuously at the
pool or beach by the owner, operator or | licensee. | The State's Attorney and Sheriff of the county in which the | swimming
facility is located shall enforce the closing order | after receiving
notice thereof. | Any owner, operator or licensee affected by such an order | is entitled,
upon written request to the Department, to a | hearing as provided in this
Act. | When such violations conditions are abated or when the | results of analyses of water
samples collected from the | swimming facility, in the
opinion of the Department,
comply | with the Department's bacteriological standards for acceptable | water
quality, or when the turbidity decreases to the | permissible limit, or when
the disinfectant residual reaches a | satisfactory level as prescribed by
rule, the Department may | authorize reopening the swimming facility pool or beach. When
| sources of sewage, pollution, or toxic materials discovered as | a result of
an environmental survey are eliminated, the | Department may authorize
reopening of such beach. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223) | Sec. 23. Applicability of Act. Nothing in this Act shall be | construed to
exclude the State of Illinois
and Departments and | educational institutions thereof and units of local
government |
| except that the provisions in this Act for fees or late fees | for licenses and
permits,
and the provisions for fine and | imprisonment shall not apply to the State
of Illinois, to | Departments and educational institutions thereof, or units
of | local government. This Act shall not apply to beaches operated | by units
of local government located on Lake Michigan. | (Source: P.A. 92-18, eff. 6-28-01.)
| (210 ILCS 125/15 rep.) | (210 ILCS 125/16 rep.) | Section 10. The Swimming Facility Act is amended by | repealing Sections 15 and 16.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 7/16/2010
|
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