AUTHORITY: Implementing and authorized by the Swimming Facility Act [210 ILCS 125].
SOURCE: Adopted October 22, 1974; amended and effective February 9, 1976; amended at 4 Ill. Reg. 46, p. 1283, effective November 5, 1980; amended at 5 Ill. Reg. 9593, effective September 16, 1981; rules repealed and new rules adopted at 5 Ill. Reg. 13623, effective December 2, 1981; amended and codified at 8 Ill. Reg. 12366, effective July 5, 1984; amended at 11 Ill. Reg. 12308, effective July 15, 1987; amended at 14 Ill. Reg. 786, effective January 1, 1990; amended at 20 Ill. Reg. 6971, effective May 25, 1996; emergency amendment at 21 Ill. Reg. 7536, effective May 28, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 9357, effective May 15, 1998; amended at 23 Ill. Reg. 6079, effective May 20, 1999; emergency amendment at 23 Ill. Reg. 6551, effective May 20, 1999, for a maximum of 150 days; emergency expired October 16, 1999; amended at 24 Ill. Reg. 11271, effective July 15, 2000; amended at 25 Ill. Reg. 8291, effective July 1, 2001; emergency amendment at 27 Ill. Reg. 4223, effective February 15, 2003, for a maximum of 150 days; emergency expired July 14, 2004; emergency amendment at 33 Ill. Reg. 7177, effective May 18, 2009, for a maximum of 150 days; emergency expired October 14, 2009; amended at 34 Ill. Reg. 2698, effective February 3, 2010; amended at 35 Ill. Reg. 6203, effective March 22, 2011; amended at 37 Ill. Reg. 16539, effective October 4, 2013.
SUBPART A: GENERAL
Section 820.10 Definitions
In addition to the definitions in the Illinois Swimming Facility Act, the following additional definitions shall apply:
"Act" means the Swimming Facility Act [210 ILCS 125].
"Agent Health Department" means a certified local health department that the Department has designated as its agent for making inspections and investigations under Section 11 of the Act. (Section 3.23 of the Act)
"Appurtenance" means an accessory facility or feature at a swimming facility, such as a diving board, slide, wading pool, plunge pool, spray pool or bather preparation facility. The term does not refer to a therapy pool as defined in this Section.
"Approval" means compliance with the Act and this Part.
"Approved Certification Agency" means an organization that has been accredited by the American National Standards Institute (ANSI) and found to meet the requirements specified in ANSI Z 34.1, Third Party Certification Program, to evaluate swimming facility equipment for compliance with Standard 50, "Equipment for Swimming Pools, Spas, Hot Tubs and other Recreational Water Facilities", published by the National Sanitation Foundation (NSF) International.
"Aquatic Feature"
means any single element of a swimming facility other than a swimming pool or
spa or bathing beach, including, but not limited to, a lazy river, water slide,
spray pool, or other feature that provides aquatic recreation or therapy. (Section
3.16 of the Act)
It
does include small slides, play structures and other similar equipment. It does
not include diving boards or starting blocks.
"Attendant" means a person at least 16 years of age, stationed at the top of a water slide and responsible for ensuring safe use of the slide.
"Bather Load" means the maximum number of persons that may be allowed in the swimming facility area at one time without creating undue health or safety hazards. (See Section 820.200(b).)
"Bathing Beach" or "Public Bathing Beach" means any body of water, except a swimming pool as defined in this Part, or that portion thereof used for the purpose of public swimming or recreational bathing, and includes beaches at: apartments, condominiums, subdivisions, and other groups or associations having 5 or more living units, clubs, churches, camps, schools, institutions, parks, recreational areas, motels, hotels and other commercial establishments. It includes shores, equipments, buildings and appurtenances pertaining to such areas. It does not include bathing beaches at private residences intended only for the use of the owner and guests. (Section 3.02 of the Act)
"Certified Safety Cover" means a cover for a swimming facility suction outlet that has been certified for conformance to ANSI and the Association of Pool & Spa Professionals (APSP) standard ANSI/APSP 16.
"Community Water System" means a public water system that serves at least 15 service connections used by residents or regularly serves at least 25 residents for at least 60 days a year.
"Construction" means the process of building or fabricating a swimming facility or appurtenance.
"Construction in a Flood Plain" means the placement or erection of structures or earthworks; land filling, excavation or non-agricultural alteration of the ground surface; installation of public utilities; channel modification; storage of materials or any other activity undertaken to modify the existing physical features of a flood plain with respect to the storage and conveyance of flood waters.
"Deep Area" means an area of a swimming pool in which the water depth exceeds 5 feet.
"Department" means the Department of Public Health, State of Illinois. (Section 3.06 of the Act)
"Diving Pool" means a pool designed and intended for use exclusively for diving.
"Drop Slide" means a slide with an exit angle exceeding 11 degrees measured downward from the horizontal.
"Field-Fabricated Suction Outlet" means a suction outlet having a cover that is not a certified safety cover or a safety cover installed in a manner that is not specified by the manufacturer. The term includes suction outlet covers consisting of a certified safety cover installed together with other components and covers comprising multiple certified safety covers covering a single suction outlet.
"Flume" means the inclined channel of a water slide.
"Homeowner's Association" is a not-for-profit corporation composed of members who have common ownership interest in property owned or operated by the association for the benefit of all the members.
"Initial Inspection" means an inspection conducted by the Department to determine compliance with the Act and this Part in order to approve the operation of a swimming facility after the Department has issued a permit for construction or major alteration. (Section 3.22 of the Act)
"Initial Review" means the first review of any submittal made by an applicant for a permit for construction or major alteration, as provided for in Section 5 of the Act. If the requirements of Section 5 are met, a permit shall be issued; otherwise the Department shall issue correspondence indicating deficiencies. (Section 3.21 of the Act)
"Inlet" means an opening or fitting through which filtered water enters the swimming facility.
"Installation" means the emplacement of a swimming facility manufactured and transported to the intended site.
"Lapsed Fee" means the amount charged to a licensee for failing to renew a swimming facility license within one year after the expiration of the license. This fee is in addition to any other fees associated with renewal of a swimming facility license. (Section 3.17 of the Act)
"Lazy River" means a swimming facility intended for use with flotation devices and consisting of a closed loop with an artificially induced current.
"Living Unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multi-unit residential structure or a campground lot. (Section 3.18 of the Act)
"Main Drain" means the outlet or outlets in the floor of the swimming facility.
"Major Alteration" means any change to a swimming facility or its aquatic features or appurtenances that alters the facility's functionality or as-built or as-permitted condition. This includes, but is not limited to, an alteration of a swimming facility that changes the water surface area, depth, or volume, addition of a permanently installed appurtenance such as a diving board, slide, or starting platform, modification of the design of the recirculation system, and replacement or modification of a bather preparation facility. It does not include maintenance or minor repair or the replacement of equipment with comparable components. (Section 3.19 of the Act) Examples of alterations that are not major include, but are not limited to, painting of a swimming facility, replacement of a swimming facility filter or pump having identical characteristics, or replacement of plumbing fixtures in a bather preparation facility.
"Make-up Water" means the water added to a swimming facility to replace that which is lost.
"Manager/Operator" means the person or entity responsible for the actual daily operation, or for the supervision of the operation, of a swimming facility.
"Office of Water Resources" means the Illinois Department of Natural Resources, Office of Water Resources, One Natural Resources Way, Springfield IL 62702.
"Ordinance Health Department" means a certified local health department belonging to a unit of local government that has adopted an ordinance electing to administer and enforce the Act and adopting, by reference, this Part. (Section 3.24 of the Act)
"Perimeter Overflow System" means a channel normally extending completely around the pool used to skim the surface layer of water or also known as an overflow gutter.
"Permit" means a certificate issued by the Department allowing the construction, major alteration or installation of a swimming facility under the provisions of the Act.
"Plunge Area" means a location in a swimming facility at the exit of a slide, or the area in a pool below and in front of a diving board or platform.
"Plunge Pool" means a pool used exclusively as a plunge area for one or more slides.
"Pool" means a swimming pool, plunge pool, spa, or other water basin used by the public. The term does not refer to basins for individual use that are drained after each use.
"Pool Depth" means the vertical distance between the pool floor and the water level.
"Prequalified Architect" or "Prequalified Professional Engineer" means an individual who is prequalified by the Department and is responsible for coordinating the design, planning, and creation of specifications for swimming facilities and for applying for a permit for construction or major alteration. (Section 3.14 of the Act)
"Prequalified Swimming Facility Contractor" means a person who is prequalified by the Department to perform the construction, installation, modification, or repair of a swimming facility and its appurtenances. (Section 3.15 of the Act)
"Project Designer" means a prequalified architect or prequalified professional engineer as defined in this Part and the Act.
"Recirculation Piping" means the piping from the pool to the filters and back to the pool, through which the pool water circulates.
"Safety Vacuum Release System" means a device or combination of devices that has been designed to prevent bather entrapment on a suction fitting in a pool. Methods include, but are not limited to, immediately admitting air into the suction piping, de-energizing the pump upon sensing an increase in vacuum in the suction pipe, reversing the circulation flow or any combination of these.
"Safety Vent Pipe" means a piping arrangement designed to admit air into suction piping to break a vacuum caused by a blocked suction fitting in a pool.
"Self-Perform" means:
designing, planning and creating specifications for swimming facilities and applying for a permit for construction or major alteration of a swimming facility without subcontracting the work; or
constructing, installing, modifying or repairing a swimming facility without subcontracting the work.
"Shallow Area" means an area in a swimming pool in which the water depth does not exceed 5 feet at any point.
"Skimmer" means a mechanical device connected to the recirculation piping that is used to skim the pool surface.
"Slide" means a recreational feature, including a water slide or drop slide, with a smooth, inclined flume or channel by which a rider is conveyed downward to a plunge area.
"Slip-Resistant" means not conducive to slipping under contact with bare feet when wet.
"Spa" means a basin of water designed for recreational or therapeutic use that is not drained, cleaned, or refilled for each user. It may include hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or some combination thereof. It includes "therapeutic pools", "hydrotherapy pools", "whirlpools", "cold spas", "hot spas", and "hot tubs". It does not include these facilities at individual single-family residences intended for use by the occupant and his or her guests. (Section 3.10 of the Act) The term does not apply to a swimming pool as defined in the Act.
"Spray Pool" means an aquatic feature that is not a swimming pool and that has structures or fittings for spraying, dumping, or shooting water. The term does not include features 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. (Section 3.13 of the Act)
"Subsequent Inspection" means any inspection made by the Department or its agents or certified local health departments that are authorized by local government ordinance to administer and enforce the Act for purposes of annual renewals, responding to a substantiated complaint, complying with a request by the licensee or its agent, or ensuring compliance with an order of the Department. The term does not include initial inspections performed by the Department relating to permitted construction, interim compliance inspections, or Department inspections in a case in which no violations are found. (Section 3.20 of the Act)
"Suction Outlet" means a fitting or opening in a pool basin through which water flows out of the pool. The term does not include a skimmer or a drain for a perimeter overflow system.
"Superchlorination" means the establishment of an elevated chlorine residual in pool water for the purpose of removing combined chlorine (chlorine that has reacted with nitrogenous compounds) or destroying unwanted organisms in the pool.
"Swimming Facility" means a swimming pool, spa, public bathing beach, or aquatic feature and its appurtenances, singular or aggregated together, that exists for the purpose of providing recreation or therapeutic services to the public. It does not include isolation or flotation tanks. (Section 3.12 of the Act)
"Swimming Pool" means any artificial basin of water that is modified, improved, constructed or installed for the purpose of public swimming, wading, floating, or diving, and includes: pools for community use, pools at apartments, condominiums, and other groups or associations having five or more living units, clubs, churches, camps, schools, institutions, Y.M.C.A.'s, Y.W.C.A.'s, parks, recreational areas, motels, hotels, health clubs, golf and country clubs, and other commercial establishments. It does not include pools at private single-family residences intended only for the use of the owner and guests. (Section 3.01 of the Act) The term refers to swimming pools used for swimming, wading pools, lazy rivers, therapy pools, and plunge pools. The term does not refer to spas or to spray pools.
"Therapy Pool" means a pool that is not a spa and is intended only for medical treatment, physical therapy or muscle relaxation.
"Transition Point" means a location in a shallow area of a swimming pool where an area, having a floor slope of no more than 1 foot vertical in 12 feet horizontal, adjoins an area where the floor slope exceeds 1 in 12.
"Turnover Period" means the time required to recirculate a volume of water equivalent to the water volume of the pool through the filtration system.
"Wading Area" means a portion of a pool, other than an area of limited extent such as a stair, seat or ramp, where the water depth does not exceed 30 inches; or the portion of a bathing beach where the water depth is less than 5 feet, or that portion of a bathing beach designated by the installation of a buoyed line to separate this area from deeper water.
"Wading Pool" means a swimming pool having a maximum water depth not exceeding 30 inches.
"Water Level" means the level of the overflow lip of a perimeter overflow system or the mid-level of the skimmer operating range.
"Water Slide" means a ride with a flow of water and having a flume exceeding 30 feet in length. (Section 3.11 of the Act)
"Wave Pool" means a swimming pool designed for the purpose of producing wave action in the water.
"Zero-Depth Edge" means that portion of the perimeter of a zero-depth pool where the pool floor intersects the pool water surface.
"Zero-Depth Pool" means a swimming pool where the pool floor intersects the water surface along a portion of its perimeter.
(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)
Section 820.20 Incorporated and Referenced Materials
a) The following materials are referenced in this Part and are available for inspection at the Department's Springfield office:
1) State and Federal Statutes
A) Swimming Facility Act [210 ILCS 125]
B) 2011 Internal Revenue Code (26 USC 501)
2) State Administrative Rules
A) Illinois Plumbing Code (77 Ill. Adm. Code 890). (See Sections 820.200(r), 820.2109(c)(1), and 820.210(f)(1)(A).)
B) Regulation of Construction within Flood Plains (17 Ill. Adm. Code 7362). (See Sections 820.10 and 820.100 (b)(3)(A).)
C) Drinking Water Systems Code (77 Ill. Adm. Code 900). (See Section 820.110(a).)
D) Private Sewage Disposal Code (77 Ill. Adm. Code 905). (See Section 820.120.)
E) Food Service Sanitation Code (77 Ill. Adm. Code 750). (See Section 820.130.)
F) Public Water Supplies (35 Ill. Adm. Code: Subtitle F, Chapters I and II). (See Section 820.110(a).)
G) Public Area Sanitary Practice Code (77 Ill. Adm. Code 895). (See Section 820.110(a).)
H) Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100) (See Section 820.150(e).)
b) The following materials are incorporated in this Part and are available for inspection at the Department's Springfield office:
1) National Electrical Code (2008 Edition)
National Fire Protection Association
1 Batterymarch Park
Quincy MA 02169
2) NSF Standard 50, Equipment for Swimming Pools, Spas, Hot Tubs and other Recreational Water Facilities (2012)
NSF International
789 N. Dixboro Road
P.O. Box 130140
Ann Arbor MI 48113-0140
3) ANSI Z 34.1 (1993), Third Party Certification Program
American National Standards Institute
25 West 43rd Street
New York NY 10036
4) ANSI/APSP 16-2011, Standard Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs
The Association of Pool & Spa Professionals
2111 Eisenhower Avenue
Alexandria VA 22314
5) ASME A112.19.17-2010, "Manufactured Safety Vacuum Release Systems (SVRS) for Residential and Commercial Swimming Pool, Spa, Hot Tub, and Wading Pool Suction Systems"
The American Society of Mechanical Engineers
Two Park Avenue
New York NY 10016-5990
6) ASTM F2387-04 (2012), "Standard Specification for Manufactured Safety Vacuum Release Systems (SVRS) for Swimming Pools, Spas and Hot Tubs"
ASTM International
100 Barr Harbor Dr., P.O. Box C700
West Conshohocken PA 19428-2959
7) IAPMO SPS 04-2009, "Special Use Suction Fittings for Swimming Pools, Spas and Hot Tubs (For Suction Side Automatic Swimming Pool Cleaners)"
The International Association of Plumbing and Mechanical Officials
4755 E. Philadelphia St.
Ontario CA 91761
c) All incorporations by reference of the standards of nationally recognized organizations refer to the regulations and standards on the date specified and do not include any amendments or editions subsequent to the date specified.
(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)