Illinois General Assembly - Full Text of Public Act 096-1081
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Public Act 096-1081





Public Act 096-1081
SB3057 EnrolledLRB096 16294 KTG 31552 b

    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
(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
    (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
(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
(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
(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
        (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
        (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
        (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
        (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
    (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
    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