97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3980

 

Introduced 1/18/2012, by Rep. Jason Barickman

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 125/15.1

    Amends the Swimming Facility Act to provide that the Department of Public Health may not impose penalties on a swimming facility that is in violation of the federal Virginia Graeme Baker Pool and Spa Safety Act until October 1, 2012 if the swimming facility has applied on or before October 1, 2011 to become compliant with that Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health facilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Swimming Facility Act is amended by changing
5Section 15.1 as follows:
 
6    (210 ILCS 125/15.1)
7    Sec. 15.1. Violations at facilities.
8    (a) If the Department finds violations at swimming
9facilities requiring licensure under this Act, the Department
10shall issue a written report or notice of the violations. In
11accordance with subsections (b), (c), and (d), each violation
12shall be categorized as either Type "A", Type "B", or Type "C".
13    (b) Type "A" Violation. The situation, condition, or
14practice constituting a Type "A" violation shall be abated or
15eliminated immediately, unless a fixed period of time, not
16exceeding 10 days, as determined by the Department and
17specified in the notice of violation or inspection report, is
18required for correction. Type "A" violations shall include, but
19not be limited to:
20        (1) Inoperable gauges or flowmeters.
21        (2) The failure to maintain appropriate water quality
22    within 20% of standard.
23        (3) The failure to maintain or provide operation

 

 

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1    reports.
2        (4) The failure to provide and maintain necessary
3    safety equipment prescribed by rule.
4        (5) The failure to maintain cleanliness of the facility
5    (cracks, leaks, lint, dirt, and sediment).
6        (6) The improper use of starting platforms.
7        (7) The failure to maintain equipment in proper work
8    order (including, but not limited to, skimmers, pumps, and
9    chlorinators), such that the public is not endangered.
10        (8) The failure to post Patron Regulations and Bather
11    Load signs.
12    (c) Type "B" Violation. At the time of issuance of a notice
13of a Type "B" violation, the Department shall request a plan of
14correction that is subject to the Department's approval. The
15facility shall have 10 days after receipt of a notice of
16violation in which to prepare and submit a plan of correction.
17The Department may extend this period up to 30 days where
18correction involves substantial capital improvement. The plan
19shall include a fixed time period, not to exceed 90 days,
20within which violations are to be corrected. If the Department
21rejects a plan of correction, it shall send notice of the
22rejection and the reason for the rejection to the facility. The
23facility shall have 10 days after receipt of the notice of
24rejection in which to submit a modified plan. If the modified
25plan is not timely submitted, or if the modified plan is
26rejected, the facility shall follow an approved plan of

 

 

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1correction imposed by the Department. Type "B" violations shall
2include, but not be limited to:
3        (1) Ongoing repeat Type "A" violations not corrected in
4    accordance with a notice or inspection report.
5        (2) The failure to submit a Drowning and Injury Report
6    within 24 hours.
7        (3) The failure to provide a lifeguard or a warning
8    sign as required by the rules.
9        (4) The failure to maintain water quality in accordance
10    with Section 820.320 of Title 77 of the Illinois
11    Administrative Code, and in excess of that allowed for in a
12    Type "A" violation.
13        (5) The failure to properly secure the pool area or the
14    equipment/storage area.
15        (6) The failure to maintain any operational reports.
16        (7) The failure to obey assigned bather load.
17        (8) The failure to properly display a
18    Department-issued license.
19    (d) Type "C" Violation. Type "C" violations include those
20violations that may lead to serious injury or death of patrons,
21employees, or the general public. Upon finding a Type "C"
22violation at a facility, the Department shall immediately take
23such actions as necessary to protect public health, including
24ordering the immediate closure of the facility, ordering the
25abatement of conditions deemed dangerous by the Department, or
26ordering the cessation of any practice deemed dangerous or

 

 

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1improper by the Department. Type "C" violations shall include,
2but not be limited to:
3        (1) The failure to obtain a license prior to operating.
4        (2) The failure to construct the pool in accordance
5    with the Department-issued permit to construct.
6        (3) The failure to secure a permit to alter the pool.
7        (4) The failure to close the pool in accordance with
8    the rules.
9        (5) The failure to obey any lawful order of the
10    Department.
11        (6) The failure to provide access to the facility by
12    the Department or any duly appointed agent thereof.
13        (7) The failure to post a Department-issued closure
14    order.
15        (8) Operating the facility in a manner that results in
16    imminent danger to the public.
17        (9) Submitting fraudulent documentation to the
18    Department or a duly appointed agent thereof.
19    (e) In determining whether a penalty is to be imposed and
20in fixing the amount of the penalty to be imposed, if any, for
21a violation, the Director shall consider the following factors:
22        (1) The gravity of the violation, including the
23    probability that death or serious physical harm to the
24    public will result or has resulted; the severity of the
25    actual or potential harm; and the extent to which the
26    provisions of the applicable statutes or regulations were

 

 

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1    violated.
2        (2) The reasonable diligence exercised by the licensee
3    and efforts to correct violations.
4        (3) Any previous violations committed by the licensee.
5        (4) The financial benefit to the facility for
6    committing or continuing the violation.
7    Type "A" violations shall carry no penalty provided they
8are corrected within the terms set forth by this Act and in
9accordance with the rules established under this Act. Type "B"
10violations may be assessed a penalty of $25 per day for each
11day the violation exists. Type "C" violations may be assessed a
12penalty of $100 per day for each day the violation exists, in
13addition to any other penalties provided for by law.
14    (f) The Department may not impose penalties on a swimming
15facility that is in violation of the federal Virginia Graeme
16Baker Pool and Spa Safety Act until October 1, 2012 if the
17swimming facility has applied on or before October 1, 2011 to
18become compliant with that Act.
19(Source: P.A. 96-1081, eff. 7-16-10.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.