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Public Act 92-0018
HB1551 Enrolled LRB9203542TAcs
AN ACT concerning public health and safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Swimming Pool and Bathing Beach Act is
amended by changing Sections 1, 2, 3, 3.01, 4, 5, 6, 7, 8, 9,
10, 12, 13, 21, 21.1, 23, and 27 and by adding Sections 3.10,
3.11, and 3.12 as follows:
(210 ILCS 125/1) (from Ch. 111 1/2, par. 1201)
Sec. 1. Short title. This Act shall be known and may be
cited as the Swimming Facility Pool and Bathing Beach Act.
(Source: P.A. 78-1149.)
(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, and
public bathing beaches, and other 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, and public bathing
beaches, and other aquatic features now in existence or
hereafter constructed, or developed, or altered and to
provide for inspection and licensing of all such facilities.
(Source: P.A. 78-1149.)
(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 3.12 3.09 have the meanings ascribed to them in
those Sections.
(Source: P.A. 78-1149.)
(210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)
Sec. 3.01. Swimming pool. "Swimming Pool" means any
artificial basin of water which 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 5 or more living units, clubs,
churches, camps, schools, institutions, Y.M.C.A.'s,
Y.W.C.A.'s, parks, recreational areas, motels, hotels and
other commercial establishments. It does not include pools at
private residences intended only for the use of the owner and
guests.
(Source: P.A. 86-595.)
(210 ILCS 125/3.10 new)
Sec. 3.10. Spa. "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", "hot
spas", and "hot tubs". It does not include these facilities
at individual residences intended for use by the occupant and
his or her guests.
(210 ILCS 125/3.11 new)
Sec. 3.11. Water slide. "Water slide" means a ride with a
flow of water and having a flume exceeding 30 feet in length.
(210 ILCS 125/3.12 new)
Sec. 3.12. Swimming facility. "Swimming Facility" means a
swimming pool, spa, public bathing beach, water slide, lazy
river, or other similar aquatic feature.
(210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)
Sec. 4. License to operate. After May January 1, 2002
1974, it shall be unlawful for any person to open, establish,
maintain or operate a swimming 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 bathing beaches and
outdoor swimming facilities pools shall expire May 1, next
following the swimming season for which the license was
issued and licenses for indoor pools shall expire on December
1, next following the date of issue, except that an original
license for a swimming facility an indoor pool issued after
February September 1 and before May December 1 shall expire
on May December 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 pool or beach. 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 pool or beach to insure compliance with
this Act.
(Source: P.A. 86-595.)
(210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)
Sec. 5. Permit for construction or major alteration. No
swimming facility pool or public bathing beach shall be
constructed, developed, or installed, or altered in a major
manner until plans, specifications, and other information
relative to such swimming facility pool or beach area 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; except that permit fees for
swimming pools having 50,000 gallons or less is $25.
(Source: P.A. 78-1149.)
(210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)
Sec. 6. License renewal. Applications 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 pool or beach 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. 85-1261.)
(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 pool or bathing beach
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 or temporary license setting forth the conditions
on which the license is issued, the manner in which the
swimming facility pool or beach 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 or temporary licenses may be issued.
(Source: P.A. 78-1149.)
(210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)
Sec. 8. Payment of fees; display of licenses. All fees
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 shall be submitted in
the form of a check or money order. All licenses and permits
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. 78-1149.)
(210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)
Sec. 9. Inspections. Subject to constitutional
limitations, the Department, by its representatives, after
proper identification, is authorized and shall have the power
to enter at reasonable times upon private or public property
for the purpose of inspecting and investigating conditions
relating to the enforcement of this Act and regulations
issued hereunder. Written notice of all violations shall be
given to the owners, operators and licensees of swimming
facilities pools and bathing beaches.
(Source: P.A. 78-1149.)
(210 ILCS 125/10) (from Ch. 111 1/2, par. 1210)
Sec. 10. Access to premises. It shall be the duty of the
owners, operators and licensees of swimming facilities pools
and bathing beaches to give the Department and its authorized
agents free access to such premises at all reasonable times
for the purpose of inspection.
(Source: P.A. 78-1149.)
(210 ILCS 125/12) (from Ch. 111 1/2, par. 1212)
Sec. 12. Water samples. Licensees shall cause to be
submitted water samples and such operational and analytical
data and records as may be required by the Department to
determine the sanitary and safety conditions of the swimming
facility pool or bathing beach.
(Source: P.A. 78-1149.)
(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
regulations shall include but are not limited to design
criteria for swimming facility pool and beach 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 pool and beach facilities. The 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 pools and beaches, except as provided by
Department regulations.
(Source: P.A. 86-595.)
(210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
Sec. 21. Closure of facility. Whenever the Department
finds any of the conditions hereinafter set forth it shall,
by written notice, immediately order the owner, operator or
licensee to close the swimming facility pool or beach and to
prohibit any person from using such facilities:
(1) If conditions at a swimming facility pool or bathing
beach 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 pool or bathing beach, 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 pool or beach 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 pool or bathing beach 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 conditions are abated or when the results of
analyses of water samples collected from the swimming
facility pool or beach, 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 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. 78-1149.)
(210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1)
Sec. 21.1. Use of life jackets. No person shall prohibit
the use of a life jacket in a swimming facility pool by an
individual who, as evidenced by a statement signed by a
licensed physician, suffers from a physical disability or
condition which necessitates the use of such life jacket.
(Source: P.A. 84-964.)
(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
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. 78-1149.)
(210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)
Sec. 27. Adoption of ordinances. Any unit of government
having a full-time municipal, district, county or
multiple-county health department and which employs full
time: 1. a physician licensed in Illinois to practice
medicine in all its branches and, 2. a professional engineer,
registered in Illinois, with a minimum of 2 two years'
experience in environmental health, may administer and
enforce this Act by adopting an ordinance electing to
administer and enforce this Act and adopting by reference the
rules and regulations promulgated and amended from time to
time by the Department under authority of this Act.
A unit of local government that so qualified and elects
to administer and enforce this Act shall furnish the
Department a copy of its ordinance and the names and
qualifications of the employees required by this Act. The
unit of local government ordinance shall then prevail in lieu
of the state licensure fee and inspection program with the
exception of Section 5 of this Act which provides for permits
for construction, development and installation, which
provisions shall continue to be administered by the
Department. Units of local government shall require such
State permits as provided in Section 5 prior to issuing
licenses for swimming facilities pools or public bathing
beaches constructed, developed, or installed, or altered in a
major manner after the effective date of this Act.
Not less than once each year the Department shall
evaluate each unit of local government's licensing and
inspection program to determine whether such program is being
operated and enforced in accordance with this Act and the
rules and regulations promulgated thereunder. If the
Department finds, after investigation, that such program is
not being enforced within the provisions of this Act and/or
the rules and regulations promulgated thereunder, the
Director shall give written notice of such findings to the
unit of government. If the Department finds, not less than 30
days of such given notice, that the program is not being
conducted and enforced within the provisions of this Act
and/or the rules and regulations promulgated thereunder, the
Director shall give written notice to the unit of government
that its authority to administer this Act is revoked. Any
unit of government whose authority to administer this Act is
revoked may request an administrative hearing as provided in
this Act. If the unit of government fails to request a
hearing or if, after such hearing, the Director confirms the
revocation, all swimming facilities pools and public bathing
beaches then operating under such unit of government shall be
immediately subject to the State licensure fee and inspection
program, until such time as the unit of government is again
authorized by the Department to administer and enforce this
Act.
(Source: P.A. 86-595.)
(210 ILCS 125/28 rep.)
Section 10. The Swimming Pool and Bathing Beach Act is
amended by repealing Section 28.
Section 95. The Illinois Migrant Labor Camp Law is
amended by changing Section 18 as follows:
(210 ILCS 110/18)
Sec. 18. The Department shall deposit all fees and fines
collected under this Act into the Facility Licensing Fund.
Moneys in the Fund, subject to appropriation, shall be used
for the enforcement of this Act.
(Source: P.A. 88-535.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 17, 2001.
Approved June 28, 2001.
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