[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1300
210 ILCS 125/4 from Ch. 111 1/2, par. 1204
210 ILCS 125/4.5 new
Amends the Swimming Pool and Bathing Beach Act to exempt
a privately-owned beach from certain equipment and design
requirements adopted by the Department of Public Health
pursuant to the Act absent a decision by the Department that
a demonstrable and continuing health risk exists at the beach
following proper notice and a hearing. Effective immediately.
LRB9000468DPmgA
LRB9000468DPmgA
1 AN ACT to amend the Swimming Pool and Bathing Beach Act
2 by changing Section 4 and adding Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Swimming Pool and Bathing Beach Act is
6 amended by changing Section 4 and adding Section 4.5 as
7 follows:
8 (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)
9 Sec. 4. License requirement. After January 1, 1974,
10 except as provided in Section 4.5, it shall be unlawful for
11 any person to open, establish, maintain or operate a swimming
12 pool or bathing beach within this State without first
13 obtaining a license therefor from the Department. Licenses
14 for bathing beaches and outdoor swimming pools shall expire
15 May 1, next following the swimming season for which the
16 license was issued and licenses for indoor pools shall expire
17 on December 1, next following the date of issue, except that
18 an original license for an indoor pool issued after September
19 1 and before December 1 shall expire on December 1 of the
20 following year. Applications for original licenses shall be
21 made on forms furnished by the Department. Each application
22 to the Department shall be signed by the applicant and
23 accompanied by an affidavit of the applicant as to the truth
24 of the application and, except in the case of an application
25 by an organization incorporated under the General Not for
26 Profit Corporation Act, as amended, by the payment of a
27 license application fee of $50. License fees are not
28 refundable. Each application shall contain: the name and
29 address of the applicant, or names and addresses of the
30 partners if the applicant is a partnership, or the name and
31 addresses of the officers if the applicant is a corporation
-2- LRB9000468DPmgA
1 or the names and addresses of all persons having an interest
2 therein if the applicant is a group of individuals,
3 association, or trust; and the location of the swimming pool
4 or beach. A license shall be valid only in the possession of
5 the person to whom it is issued and shall not be the subject
6 of sale, assignment, or other transfer, voluntary, or
7 involuntary, nor shall the license be valid for any premises
8 other than those for which originally issued. Upon receipt of
9 an application for an original license the Department shall
10 inspect such pool or beach to insure compliance with this
11 Act.
12 (Source: P.A. 86-595.)
13 (210 ILCS 125/4.5 new)
14 Sec. 4.5. Privately-owned bathing beaches; exemption.
15 (a) A privately-owned bathing beach shall not be subject
16 to the rules that were adopted by the Department in Part 820
17 of Title 77 of the Illinois Administrative Code and became
18 effective on May 25, 1996, unless the Department decides,
19 after providing notice and a hearing as set forth in
20 subsections (c) and (d), that a demonstrable and continuing
21 health risk threatens swimmers and recreational bathers at
22 the bathing beach. The Department may inspect and remove
23 samples from a privately-owned bathing beach to assess the
24 health risk.
25 (b) For purposes of this Section:
26 "Demonstrable and continuing health risk" means an
27 unreasonable and ongoing threat to human health or safety
28 posed by the physical, bacteriological, or chemical
29 conditions of the bathing beach.
30 "Department" means the Department of Public Health.
31 "Director" means the Director of Public Health.
32 (c) The Department may order a hearing to decide whether
33 a demonstrable and continuing health risk exists at a
-3- LRB9000468DPmgA
1 privately-owned bathing beach if it finds, following an
2 investigation, that there are reasonable grounds to believe
3 that such a risk exists. If a hearing is ordered, the hearing
4 shall be conducted within the same zip code area as the beach
5 or, if impracticable, near that area. The Department shall
6 notify each owner of the affected property, including, for
7 example, each member of an apartment or condominium
8 association, of the hearing by certified or registered mail
9 at least 20 days before the hearing. The notice shall:
10 (1) be in writing;
11 (2) include a statement of the Department's reasons
12 for believing there is a demonstrable and continuing
13 health risk;
14 (3) include a statement of projected annual costs
15 to each owner of the affected property of compliance with
16 this Act and its rules;
17 (4) include a statement of costs to State taxpayers
18 of preparing and serving the notice; and
19 (5) contain the time and place of the hearing as
20 designated by the Department.
21 (d) Except as otherwise provided in this Section, the
22 hearing shall proceed in accordance with the Illinois
23 Administrative Procedure Act. The Department shall have the
24 burden of proving that a demonstrable and continuing health
25 risk exists at the bathing beach. The Director may appoint a
26 hearing officer to preside at a hearing conducted under this
27 Section.
28 (e) The decision of the Department after a hearing shall
29 be subject to judicial review as a final administrative
30 decision in accordance with the Administrative Review Law.
31 (f) Nothing in this Section shall prevent the Department
32 from temporarily closing a privately-owned bathing beach for
33 the purpose of abatement of an immediate danger to human
34 health or safety.
-4- LRB9000468DPmgA
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.