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 
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.