Illinois General Assembly - Full Text of SB3727
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Full Text of SB3727  97th General Assembly

SB3727enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3727 EnrolledLRB097 14566 DRJ 65183 b

1    AN ACT concerning health regulation.
 
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
5Sections 2, 3, 3.01, 3.02, 3.05, 3.10, 3.12, 3.13, 4, 5, 6, 7,
68, 9, 11, 13, 17, 20, 21, 22, 23, and 27 and by adding Sections
73.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23,
83.24, 5.1, 5.2, 8.1, 8.2, 8.3, 20.5, 22.2, 30, 31, and 32 as
9follows:
 
10    (210 ILCS 125/2)  (from Ch. 111 1/2, par. 1202)
11    Sec. 2. Legislative purpose. It is found that there exists,
12and may in the future exist, within the State of Illinois
13public swimming facilities, including swimming pools, spas,
14water slides, public bathing beaches, and other swimming
15facilities, which are substandard in one or more important
16features of safety, cleanliness or sanitation. Such conditions
17adversely affect the public health, safety and general welfare
18of persons.
19    Therefore, the purpose of this Act is to protect, promote
20and preserve the public health, safety and general welfare by
21providing for the establishment and enforcement of minimum
22standards for safety, cleanliness and general sanitation for
23all swimming facilities, including swimming pools, spas, water

 

 

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1slides, public bathing beaches, and other aquatic features now
2in existence or hereafter constructed, developed, or altered,
3and to provide for inspection and licensing of all such
4facilities.
5(Source: P.A. 96-1081, eff. 7-16-10.)
 
6    (210 ILCS 125/3)  (from Ch. 111 1/2, par. 1203)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires, the terms specified in Sections
93.01 through 3.24 3.13 have the meanings ascribed to them in
10those Sections.
11(Source: P.A. 96-1081, eff. 7-16-10.)
 
12    (210 ILCS 125/3.01)  (from Ch. 111 1/2, par. 1203.01)
13    Sec. 3.01. Swimming pool. "Swimming Pool" means any
14artificial basin of water which is modified, improved,
15constructed or installed for the purpose of public swimming,
16wading, floating, or diving, and includes: pools for community
17use, pools at apartments, condominiums, and other groups or
18associations having 5 or more living units, clubs, churches,
19camps, schools, institutions, Y.M.C.A.'s, Y.W.C.A.'s, parks,
20recreational areas, motels, hotels, health clubs, golf and
21country clubs, and other commercial establishments. It does not
22include pools at private single-family residences intended
23only for the use of the owner and guests.
24(Source: P.A. 92-18, eff. 6-28-01.)
 

 

 

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1    (210 ILCS 125/3.02)  (from Ch. 111 1/2, par. 1203.02)
2    Sec. 3.02. "Public Bathing Beach" means any body of water,
3except as defined in Section 3.01, or that portion thereof used
4for the purpose of public swimming or recreational bathing, and
5includes beaches at: apartments, condominiums, subdivisions,
6and other groups or associations having 5 or more living units,
7clubs, churches, camps, schools, institutions, parks,
8recreational areas, motels, hotels and other commercial
9establishments. It includes shores, equipments, buildings and
10appurtenances pertaining to such areas. It does not include
11bathing beaches at private residences intended only for the use
12of the owner and guests.
13(Source: P.A. 78-1149.)
 
14    (210 ILCS 125/3.05)  (from Ch. 111 1/2, par. 1203.05)
15    Sec. 3.05. "Person" means any individual, group of
16individuals, association, trust, partnership, limited
17liability company, corporation, person doing business under an
18assumed name, county, municipality, the State of Illinois, or
19any political subdivision or department thereof, or any other
20entity.
21(Source: P.A. 78-1149.)
 
22    (210 ILCS 125/3.10)
23    Sec. 3.10. Spa. "Spa" means a basin of water designed for

 

 

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1recreational or therapeutic use that is not drained, cleaned,
2or refilled for each user. It may include hydrojet circulation,
3hot water, cold water mineral bath, air induction bubbles, or
4some combination thereof. It includes "therapeutic pools",
5"hydrotherapy pools", "whirlpools", "cold spas", "hot spas",
6and "hot tubs". It does not include these facilities at
7individual single-family residences intended for use by the
8occupant and his or her guests.
9(Source: P.A. 92-18, eff. 6-28-01.)
 
10    (210 ILCS 125/3.12)
11    Sec. 3.12. Swimming facility. "Swimming Facility" means a
12swimming pool, spa, public bathing beach, water slide, lazy
13river, spray pool, or other aquatic feature and its
14appurtenances, singular or aggregated together, that exists
15for the purpose of providing recreation or therapeutic services
16to the public. It does not include isolation or flotation
17tanks.
18(Source: P.A. 96-1081, eff. 7-16-10.)
 
19    (210 ILCS 125/3.13)
20    Sec. 3.13. Spray pool. "Spray pool" means an aquatic
21feature recreational facility that is not a swimming pool and
22that has structures or fittings for spraying, dumping, or
23shooting water. The term does not include features facilities
24having as a source of water a public water supply that is

 

 

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1regulated by the Illinois Environmental Protection Agency or
2the Illinois Department of Public Health and that has no
3capacity to recycle water.
4(Source: P.A. 96-1081, eff. 7-16-10.)
 
5    (210 ILCS 125/3.14 new)
6    Sec. 3.14. Prequalified architect or prequalified
7professional engineer. "Prequalified architect" or
8"prequalified professional engineer" means an individual who
9is prequalified by the Department and is responsible for
10coordinating the design, planning, and creation of
11specifications for swimming facilities and for applying for a
12permit for construction or major alteration.
 
13    (210 ILCS 125/3.15 new)
14    Sec. 3.15. Prequalified swimming facility contractor.
15"Prequalified swimming facility contractor" means a person who
16is prequalified by the Department to perform the construction,
17installation, modification, or repair of a swimming facility
18and its appurtenances.
 
19    (210 ILCS 125/3.16 new)
20    Sec. 3.16. Aquatic feature. "Aquatic feature" means any
21single element of a swimming facility other than a swimming
22pool or spa or bathing beach, including, but not limited to, a
23lazy river, water slide, spray pool, or other feature that

 

 

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1provides aquatic recreation or therapy.
 
2    (210 ILCS 125/3.17 new)
3    Sec. 3.17. Lapsed fee. "Lapsed fee" means the amount
4charged to a licensee for failing to renew a swimming facility
5license within one year after the expiration of the license.
6This fee is in addition to any other fees associated with
7renewal of a swimming facility license.
 
8    (210 ILCS 125/3.18 new)
9    Sec. 3.18. Living unit. "Living unit" means a home, mobile
10home, duplex unit, apartment unit, condominium unit, or any
11dwelling unit in a multi-unit residential structure or a
12campground lot.
 
13    (210 ILCS 125/3.19 new)
14    Sec. 3.19. Major alteration. "Major alteration" means any
15change to a swimming facility or its aquatic features or
16appurtenances that alters the facility's functionality or
17as-built or as-permitted condition. This includes, but is not
18limited to, an alteration of a pool that changes the water
19surface area, depth, or volume, addition of a permanently
20installed appurtenance such as a diving board, slide, or
21starting platform, modification of the design of the
22recirculation system, and replacement or modification of a
23bather preparation facility. It does not include maintenance or

 

 

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1minor repair or the replacement of equipment with comparable
2components.
 
3    (210 ILCS 125/3.20 new)
4    Sec. 3.20. Subsequent inspection. "Subsequent inspection"
5means any inspection made by the Department or its agents or
6certified local health departments that are authorized by local
7government ordinance to administer and enforce this Act for
8purposes of annual renewals, responding to a substantiated
9complaint, complying with a request by the licensee or its
10agent, or ensuring compliance with an order of the Department.
11The term does not include initial inspections performed by the
12Department relating to permitted construction, interim
13compliance inspections, or Department inspections in a case in
14which no violations are found.
 
15    (210 ILCS 125/3.21 new)
16    Sec. 3.21. Initial review. "Initial review" means the
17first review of any submittal made by an applicant for a permit
18for construction or major alteration, as provided for in
19Section 5 of this Act. If the requirements of Section 5 are
20met, a permit shall be issued; otherwise the Department shall
21issue correspondence indicating deficiencies.
 
22    (210 ILCS 125/3.22 new)
23    Sec. 3.22. Initial inspection. "Initial inspection" means

 

 

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1an inspection conducted by the Department to determine
2compliance with this Act and rules promulgated thereunder in
3order to approve the operation of a swimming facility after the
4Department has issued a permit for construction or major
5alteration.
 
6    (210 ILCS 125/3.23 new)
7    Sec. 3.23. Agent health department. "Agent health
8department" means a certified local health department that the
9Department has designated as its agent for making inspections
10and investigations under Section 11 of this Act.
 
11    (210 ILCS 125/3.24 new)
12    Sec. 3.24. Ordinance health department. "Ordinance health
13department" means a certified local health department
14belonging to a unit of local government that has adopted an
15ordinance electing to administer and enforce this Act and
16adopting, by reference, the rules adopted and amended from time
17to time by the Department under the authority of Section 27 of
18this Act.
 
19    (210 ILCS 125/4)  (from Ch. 111 1/2, par. 1204)
20    Sec. 4. License to operate. After May 1, 2002, it shall be
21unlawful for any person to open, establish, maintain or operate
22a swimming facility within this State without first obtaining a
23license therefor from the Department or, where applicable, from

 

 

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1the ordinance health department. Applications for original
2licenses shall be made on forms furnished by the Department or,
3where applicable, by an ordinance health department. Each
4application to the Department shall be signed by the applicant
5and accompanied by an affidavit of the applicant as to the
6truth of the application and, except in the case of an
7application by an organization incorporated under the General
8Not for Profit Corporation Act, as amended, by the payment of a
9license application fee of $50. License fees are not
10refundable. Each application shall contain: the name and
11address of the applicant, or names and addresses of the
12partners if the applicant is a partnership, or the name and
13addresses of the officers if the applicant is a corporation or
14the names and addresses of all persons having an interest
15therein if the applicant is a group of individuals,
16association, or trust; and the location of the swimming
17facility. A license shall be valid only in the possession of
18the person to whom it is issued and shall not be the subject of
19sale, assignment, or other transfer, voluntary, or
20involuntary, nor shall the license be valid for any premises
21other than those for which originally issued. Upon receipt of
22an application for an original license, the Department or,
23where applicable, the ordinance health department shall
24inspect such swimming facility to insure compliance with this
25Act. In no case shall license fees be assessed by both the
26Department and the ordinance health department.

 

 

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1(Source: P.A. 96-1081, eff. 7-16-10.)
 
2    (210 ILCS 125/5)  (from Ch. 111 1/2, par. 1205)
3    Sec. 5. Permit for construction or major alteration. No
4swimming facility shall be constructed, developed, installed,
5or altered in a major manner until plans, specifications, and
6other information relative to such swimming facility and
7appurtenant facilities as may be requested on forms provided by
8the Department are submitted to and reviewed by the Department
9and found to comply with minimum sanitary and safety
10requirements and design criteria, and until a permit for the
11construction or major alteration development is issued by the
12Department. Permits are valid for a period of one year from
13date of issue. They may be reissued upon application to the
14Department and payment of the permit fee as provided in this
15Act.
16    The fee to be paid by an applicant, other than an
17organization incorporated under the General Not for Profit
18Corporation Act, as now or hereafter amended, for a permit for
19construction, development, major alteration, or installation
20of each swimming facility shall be in accordance with Sections
218.1, 8.2, and 8.3 of this Act and is $50, which shall accompany
22such application.
23(Source: P.A. 96-1081, eff. 7-16-10.)
 
24    (210 ILCS 125/5.1 new)

 

 

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1    Sec. 5.1. Permit applications; certification. Permit
2applications shall be made by an architect or engineer
3prequalified in accordance with Section 30 of this Act. Such
4applications shall include the sealed technical submissions of
5the prequalified architect or prequalified professional
6engineer responsible for the application. The requirements for
7permit applications by a prequalified architect or
8prequalified professional engineer shall take effect upon
9adoption of rules to implement Section 30 of this Act.
 
10    (210 ILCS 125/5.2 new)
11    Sec. 5.2. Plan resubmittal. Those permit applications
12failing to qualify for a permit for construction or major
13alteration after review by the Department shall be supplemented
14within 30 days by a plan resubmittal. Such resubmittals shall
15include, but not be limited to, revised plans, specifications
16and other required documentation sufficient to correct
17deficiencies in the application and demonstrate compliance
18with the rules. All plan resubmittals shall be submitted to the
19Department by a prequalified architect or prequalified
20professional engineer and shall be accompanied by a fee in
21accordance with Sections 8.1, 8.2 and 8.3 of this Act. The
22requirements for plan resubmittal by a prequalified architect
23or prequalified professional engineer shall take effect upon
24adoption of rules to implement Section 30 of this Act.
 

 

 

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1    (210 ILCS 125/6)  (from Ch. 111 1/2, par. 1206)
2    Sec. 6. License renewal. Applications and fees for renewal
3of the license shall be made in writing by the holder of the
4license, on forms furnished by the Department or, where
5applicable, the ordinance health department, and, except in the
6case of an application by an organization incorporated under
7the General Not for Profit Corporation Act, as now or hereafter
8amended, shall be accompanied by a license application fee in
9accordance with Sections 8.1, 8.2, and 8.3 of this Act for fees
10assessed by the Department or as established by local ordinance
11for fees assessed by the ordinance health department of $50,
12which shall not be refundable, and shall contain any change in
13the information submitted since the original license was issued
14or the latest renewal granted. In addition to any other fees
15required under this Act, a late fee in accordance with Sections
168.1, 8.2, and 8.3 of this Act of $20 shall be charged when any
17renewal application is received by the Department after the
18license has expired or as established by local ordinance for
19fees assessed by the ordinance health department; however,
20educational institutions and units of State or local government
21shall not be required to pay late fees. If, after inspection,
22the Department or the ordinance health department is satisfied
23that the swimming facility is in substantial compliance with
24the provisions of this Act and the rules and regulations issued
25thereunder, the Department or the ordinance health department
26shall issue the renewal license. No license shall be renewed if

 

 

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1the licensee has unpaid fines, fees, or penalties owed to the
2Department. In no case shall license renewal or late fees be
3assessed by both the Department and the ordinance health
4department.
5(Source: P.A. 96-1081, eff. 7-16-10.)
 
6    (210 ILCS 125/7)  (from Ch. 111 1/2, par. 1207)
7    Sec. 7. Conditional license. If the Department or, where
8applicable, the ordinance health department finds that the
9facilities of any swimming facility for which a license is
10sought are not in compliance with the provisions of this Act
11and the rules of the Department relating thereto, but may
12operate without undue prejudice to the public, the Department
13or the ordinance health department may issue a conditional
14license setting forth the conditions on which the license is
15issued, the manner in which the swimming facility fails to
16comply with the Act and such rules, and shall set forth the
17time, not to exceed 3 years, within which the applicant must
18make any changes or corrections necessary to fully comply with
19this Act and the rules and regulations of the Department
20relating thereto. No more than 3 such consecutive annual
21conditional licenses may be issued.
22(Source: P.A. 96-1081, eff. 7-16-10.)
 
23    (210 ILCS 125/8)  (from Ch. 111 1/2, par. 1208)
24    Sec. 8. Payment of fees; display of licenses. All fees and

 

 

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1penalties generated under the authority of this Act, except
2fees collected by agent health departments or ordinance health
3departments, shall be deposited into the Facility Licensing
4Fund and, subject to appropriation, shall be used by the
5Department in the administration of this Act. All fees and
6penalties shall be submitted in the form of a check or money
7order, or by other means authorized by the Department, agent
8health department, or ordinance health department. All
9licenses provided for in this Act shall be displayed in a
10conspicuous place for public view, within or on such premises.
11In case of revocation or suspension, the licensee owner or
12operator or both shall cause the license to be removed and to
13post the notice of revocation or suspension issued by the
14Department or ordinance health department. Fees for a permit
15for construction or major alteration, an original license, and
16a plan resubmittal shall be determined by the total water
17surface area of the swimming facility, except that aquatic
18features and bathing beaches shall be charged a fixed fee
19regardless of water surface area. License renewal fees assessed
20by the Department shall be determined by the total water
21surface area of the swimming facility, except that aquatic
22features and bathing beaches shall be charged a fixed fee
23regardless of water surface area. Late renewal, lapsed, initial
24inspection, and subsequent inspection fees assessed by the
25Department shall be fixed fees regardless of water surface
26area.

 

 

 

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1    Fees assessed by the Department shall be determined in
2accordance with the ownership designation of the swimming
3facility at the time of application. Fees assessed by agent
4health departments and ordinance health departments may be
5established by local ordinance.
6(Source: P.A. 96-1081, eff. 7-16-10.)
 
7    (210 ILCS 125/8.1 new)
8    Sec. 8.1. Fee schedule for fees assessed by the Department
9for all licensees except certain tax-exempt organizations,
10governmental units, and public elementary and secondary
11schools. The fee schedule for fees assessed by the Department
12for all licensees, except those specifically identified in
13Sections 8.2 and 8.3 of this Act, shall be as follows:
 
14Water Surface ConstructionMajor Plan
15Area or OtherPermit Fee Alteration Fee Resubmittal
16Feature Fee
170-500 sq ft  $625 $310 $200
18501-1,000 sq ft  $1,250 $625 $200
191,001-2,000 sq
20ft  $1,500 $750 $200
212,001 sq ft and
22up  $1,950 $975 $200
23Aquatic Feature  $625 $310 $200
24Bathing Beach  $625 $310 $200

 
 

 

 

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1Water Surface Area or OtherOriginal License and License
2Feature Renewal Fee
30-500 sq ft $150
4501-1,000 sq ft $300
51,001-2,000 sq ft $400
62,001 sq ft and up $500
7Aquatic Feature $150
8Bathing Beach $150
9Late Renewal Fee $100
10Lapsed Fee $150
11Inspections Fee
12Initial Inspection $150
13Subsequent Inspection $100
14    All fees set forth in this Section shall be charged on a
15per-swimming-facility or per-aquatic-feature basis, unless
16otherwise noted.
 
17    (210 ILCS 125/8.2 new)
18    Sec. 8.2. Fee schedule for fees assessed by the Department
19for certain tax-exempt organizations. The fee schedule for fees
20assessed by the Department for a licensee that is an
21organization recognized by the United States Internal Revenue
22Service as tax-exempt under Title 26 of the United States Code,

 
 

 

 

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1Section 501(c)(3) shall be as follows:
 
2Water SurfaceConstruction Major Alteration Plan
3Area or OtherPermit Fee FeeResubmittal
4FeatureFee
50-500 sq ft  $150 $50 $200
6501-1,000 sq ft  $150 $50 $200
71,001-2,000 sq ft  $150 $50 $200
82,001 sq ft and
9up  $150 $200 $200
10Aquatic Feature  $600 $300 $200
11Bathing Beach  $150 $50 $200
12Water Surface Area or OtherOriginal License and License
13Feature Renewal Fee
140-500 sq ft $0
15501-1,000 sq ft $0
161,001-2,000 sq ft $0
172,001 sq ft and up $0
18Aquatic Feature $75
19Bathing Beach $75
20Late Renewal Fee $50
21Lapsed Fee $75
22Inspections Fee
23Initial Inspection $0

 
 

 

 

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1Subsequent Inspection $100
2    All fees set forth in this Section shall be charged on a
3per-swimming-facility or per-aquatic-feature basis.
 
4    (210 ILCS 125/8.3 new)
5    Sec. 8.3. Fee schedule for fees assessed by the Department
6for certain governmental units and schools. The fee schedule
7for fees assessed by the Department for a licensee that is a
8unit of State or local government or a public elementary or
9secondary school shall be as follows:
 
10Water SurfaceConstruction Major Alteration Plan
11Area or OtherPermit FeePermit FeeResubmittal
12FeatureFee
130-500 sq ft  $0 $0 $200
14501-1,000 sq ft  $0 $0 $200
151,001-2,000 sq ft  $0 $0 $200
162,001 sq ft and
17up  $0 $0 $200
18Aquatic Feature  $600 $300 $200
19Bathing Beach  $0 $0 $200
20Water Surface Area or OtherOriginal License and License
21FeatureRenewal Fee
220-500 sq ft $0

 
 

 

 

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1501-1,000 sq ft $0
21,001-2,000 sq ft $0
32,001 sq ft and up $0
4Aquatic Feature $0
5Bathing Beach $0
6Late Renewal Fee $0
7Lapsed Fee $0
8Inspections Fee
9Initial Inspection $0
10Subsequent Inspection $100
11    Construction permit fees and major alteration permit fees
12set forth in this Section shall be due only if the Department
13produces an initial review within 60 days after receipt of the
14application. The fees for aquatic features under this Section
15shall cover all aquatic features at a particular facility, and
16an aquatic feature fee is not required for each and every
17aquatic feature.
 
18    (210 ILCS 125/9)  (from Ch. 111 1/2, par. 1209)
19    Sec. 9. Inspections. Subject to constitutional
20limitations, the Department, by its representatives, after
21proper identification, is authorized and shall have the power
22to enter at reasonable times upon private or public property
23for the purpose of inspecting and investigating conditions

 

 

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1relating to the enforcement of this Act and rules regulations
2issued hereunder. Written notice of all violations shall be
3given to each person against whom a violation is alleged the
4owners, operators and licensees of swimming facilities.
5(Source: P.A. 92-18, eff. 6-28-01.)
 
6    (210 ILCS 125/11)  (from Ch. 111 1/2, par. 1211)
7    Sec. 11. Department's agents. The Department may designate
8certified local health departments as its agents for purposes
9of carrying out this Act. An agent so designated may charge
10fees for costs associated with enforcing this Act. Where the
11agent determines that it cannot perform an inspection under
12this Act, the Department shall perform the inspection and any
13applicable fees shall be payable to the Department and the
14agent may not charge a fee. If the Department performs a
15service or activity for the agent that the agent cannot
16perform, the fee for the service or activity shall be paid to
17the Department and not to the agent. In no case shall fees be
18assessed by both the Department and an agent for the same
19service or activity. full-time Municipal, District, County or
20multiple-County Health Departments as its agents in making
21inspections and investigations.
22(Source: P.A. 78-1149.)
 
23    (210 ILCS 125/13)  (from Ch. 111 1/2, par. 1213)
24    Sec. 13. Rules. The Department shall promulgate, publish,

 

 

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1adopt and amend such rules as may be necessary for the proper
2enforcement of this Act, to protect the health and safety of
3the public using swimming facilities such pools and beaches,
4spas, and their other appurtenances, and may, when necessary,
5utilize the services of any other state agencies to assist in
6carrying out the purposes of this Act. These rules shall
7include but are not limited to design criteria for swimming
8facility areas and bather preparation facilities, standards
9relating to sanitation, cleanliness, plumbing, water supply,
10sewage and solid waste disposal, design and construction of all
11equipment, buildings, rodent and insect control, communicable
12disease control, safety and sanitation of appurtenant swimming
13facilities. The rules must include provisions for the
14prevention of bather entrapment or entanglement at new and
15existing swimming facilities. Bather preparation facilities
16consisting of dressing room space, toilets and showers shall be
17available for use of patrons of swimming facilities, except as
18provided by Department rules.
19(Source: P.A. 96-1081, eff. 7-16-10.)
 
20    (210 ILCS 125/17)  (from Ch. 111 1/2, par. 1217)
21    Sec. 17. Subpoenas; witness fees. The Director or Hearing
22Officer may compel by subpoena or subpoena duces tecum the
23attendance and testimony of witnesses and the production of
24records or documents either in electronic or paper form books
25and papers and administer oaths to witnesses. All subpoenas

 

 

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1issued by the Director or Hearing Officer may be served as
2provided for in a civil action.
3    The fees of witnesses for attendance and travel shall be
4the same as the fees for witnesses before the circuit court and
5shall be paid by the party to such proceeding at whose request
6the subpoena is issued. If such subpoena is issued at the
7request of the Department, the witness fee shall be paid as an
8administrative expense.
9    In cases of refusal of a witness to attend or testify, or
10to produce records or documents books or papers, concerning any
11matter upon which he might be lawfully examined, the circuit
12court of the county where the hearing is held, upon application
13of any party to the proceeding, may compel obedience by
14proceeding as for contempt.
15(Source: P.A. 83-334.)
 
16    (210 ILCS 125/20)  (from Ch. 111 1/2, par. 1220)
17    Sec. 20. Judicial review. The Department is not required to
18certify any record or file any answer or otherwise appear in
19any proceeding for judicial review unless there is filed in the
20court with the complaint a receipt from the Department
21acknowledging payment of the costs of furnishing and certifying
22the record, which costs shall be computed at the rate of $1 per
23page of such record the party filing the complaint deposits
24with the clerk of the court the sum of $1 per page representing
25costs of such certification. Failure on the part of the

 

 

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1plaintiff to make such deposit shall be grounds for dismissal
2of the action.
3(Source: P.A. 82-1057.)
 
4    (210 ILCS 125/20.5 new)
5    Sec. 20.5. Reproduction of records. The Department may
6charge $0.25 per each 8.5" x 11" page, whether paper or
7electronic, for copies of records held by the Department
8pursuant to this Act. For documents larger than 8.5" x 11",
9actual copying costs plus $0.25 per page shall apply.
 
10    (210 ILCS 125/21)  (from Ch. 111 1/2, par. 1221)
11    Sec. 21. Closure of facility. Whenever the Department finds
12any violation of this Act or the rules promulgated under this
13Act, if the violation presents an emergency or risk to public
14health, the Department shall, without prior notice or hearing,
15issue a written notice, immediately order the owner, operator,
16or licensee to close the swimming facility and to prohibit any
17person from using such facilities. Notwithstanding any other
18provisions in this Act, such order shall be effective
19immediately.
20    The notice shall state the reasons prompting the closing of
21the facilities and a copy of the notice must be posted
22conspicuously at the pool or beach by the owner, operator or
23licensee.
24    The Attorney General and the State's Attorney and Sheriff

 

 

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1of the county in which the swimming facility is located shall
2enforce the closing order after receiving notice thereof.
3    Any owner, operator or licensee affected by such an order
4is entitled, upon written request to the Department, to a
5hearing as provided in this Act.
6    When such violations are abated in the opinion of the
7Department, the Department may authorize reopening the
8swimming facility.
9(Source: P.A. 96-1081, eff. 7-16-10.)
 
10    (210 ILCS 125/22)  (from Ch. 111 1/2, par. 1222)
11    Sec. 22. Criminal penalties. Any person who violates this
12Act or any rule or regulation adopted by the Department, or who
13violates any determination or order of the Department under
14this Act, shall be guilty of a Class A misdemeanor punishable
15by a fine of $1,000 for each day the violation exists, in
16addition to civil penalties, or up to 6 months imprisonment, or
17both a fine and imprisonment.
18    Each day's violation constitutes a separate offense. The
19State's Attorney of the county in which the violation occurred,
20or the Attorney General shall bring such actions in the name of
21the people of the State of Illinois, or may in addition to
22other remedies provided in this Act, bring action for an
23injunction to restrain such violation, or to enjoin the
24operation of any such establishment.
25(Source: P.A. 78-1149.)
 

 

 

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1    (210 ILCS 125/22.2 new)
2    Sec. 22.2. Civil enforcement. The Department may impose
3administrative civil penalties for violations of this Act and
4the rules promulgated thereunder, pursuant to rules for such
5penalties adopted by the Department. The State's Attorney of
6the county in which the violation occurred, or the Attorney
7General, shall bring actions for collection of penalties
8imposed under this Section in the name of the people of the
9State of Illinois. The State's Attorney or Attorney General
10may, in addition to other remedies provided in this Act, bring
11an action (i) for an injunction to restrain the violation, (ii)
12to impose civil penalties (if no penalty has been imposed by
13the Department), or (iii) to enjoin the operation of any such
14person or establishment.
 
15    (210 ILCS 125/23)  (from Ch. 111 1/2, par. 1223)
16    Sec. 23. Applicability of Act. Nothing in this Act shall be
17construed to exclude the State of Illinois and Departments and
18educational institutions thereof and units of local government
19except that the provisions in this Act for fees or late fees
20for licenses and permits, and the provisions for civil
21penalties, fines fine and imprisonment shall not apply to the
22State of Illinois, to Departments and educational institutions
23thereof, or units of local government. This Act shall not apply
24to beaches operated by units of local government located on

 

 

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1Lake Michigan.
2(Source: P.A. 96-1081, eff. 7-16-10.)
 
3    (210 ILCS 125/27)  (from Ch. 111 1/2, par. 1227)
4    Sec. 27. Adoption of ordinances. Any unit of government
5having a certified local full-time municipal, district, county
6or multiple-county health department and which employs full
7time a physician licensed in Illinois to practice medicine in
8all its branches and a professional engineer, registered in
9Illinois, with a minimum of 2 years' experience in
10environmental health, may administer and enforce this Act by
11adopting an ordinance electing to administer and enforce this
12Act and adopting by reference the rules and regulations
13promulgated and amended from time to time by the Department
14under authority of this Act.
15    A unit of local government that so qualified and elects to
16administer and enforce this Act shall furnish the Department a
17copy of its ordinance and the names and qualifications of the
18employees required by this Act. The unit of local government
19ordinance shall then prevail in lieu of the state licensure fee
20and inspection program with the exception of Section 5 of this
21Act which provides for permits for construction or major
22alteration, and Sections 5.1, 5.2, 30, and 31, development and
23installation, which provisions shall continue to be
24administered by the Department. With the exception of permits
25as provided for in Section 5 of this Act, a unit of local

 

 

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1government may collect fees for administration of ordinances
2adopted pursuant to this Section. Units of local government
3shall require such State permits as provided in Section 5 prior
4to issuing licenses for swimming facilities constructed,
5developed, installed, or altered in a major manner in
6accordance with this Act after the effective date of this Act.
7    Not less than once every 3 years each year the Department
8shall evaluate each unit of local government's licensing and
9inspection program to determine whether such program is being
10operated and enforced in accordance with this Act and the rules
11and regulations promulgated thereunder. If the Department
12finds, after investigation, that such program is not being
13enforced within the provisions of this Act or the rules and
14regulations promulgated thereunder, the Director shall give
15written notice of such findings to the unit of government. If
16the Department finds, not less than 30 days after of such given
17notice, that the program is not being conducted and enforced
18within the provisions of this Act or the rules and regulations
19promulgated thereunder, the Director shall give written notice
20to the unit of government that its authority to administer this
21Act is revoked. Any unit of government whose authority to
22administer this Act is revoked may request an administrative
23hearing as provided in this Act. If the unit of government
24fails to request a hearing within 15 days after receiving the
25notice or if, after such hearing, the Director confirms the
26revocation, all swimming facilities then operating under such

 

 

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1unit of government shall be immediately subject to the State
2licensure fee and inspection program, until such time as the
3unit of government is again authorized by the Department to
4administer and enforce this Act.
5(Source: P.A. 92-18, eff. 6-28-01.)
 
6    (210 ILCS 125/30 new)
7    Sec. 30. Prequalified architect or prequalified
8professional engineer.
9    (a) Any person responsible for designing, planning, and
10creating specifications for swimming facilities and for
11applying for a permit for construction or major alteration of a
12swimming facility must be an architect or professional engineer
13prequalified by the Department. A prequalified architect or
14prequalified professional engineer must be licensed and in good
15standing with the Illinois Department of Financial and
16Professional Regulation and must possess public swimming
17facility design experience as determined by rules promulgated
18by the Department. Persons seeking prequalification pursuant
19to this Section shall apply for prequalification pursuant to
20rules adopted by the Department.
21    (b) In addition to any other power granted in this Act to
22adopt rules, the Department may adopt rules relating to the
23issuance or renewal of the prequalification of an architect or
24professional engineer or the suspension of the
25prequalification of any such person or entity, including,

 

 

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1without limitation, a summary suspension without a hearing
2founded on any one or more of the bases set forth in this
3subsection.
4    The bases for an interim or emergency suspension of the
5prequalification of an architect or professional engineer
6include, but are not limited to, the following:
7        (1) A finding by the Department that the public
8    interest, safety, or welfare requires a summary suspension
9    of the prequalification without a hearing.
10        (2) The occurrence of an event or series of events
11    which, in the Department's opinion, warrants a summary
12    suspension of the prequalification without a hearing. Such
13    events include, without limitation: (i) the indictment of
14    the holder of the prequalification by a State or federal
15    agency or another branch of government for a crime; (ii)
16    the suspension of a license or prequalification by another
17    State agency or by a federal agency or another branch of
18    government after a hearing; (iii) failure to comply with
19    State law, including, without limitation, this Act and the
20    rules promulgated thereunder; and (iv) submission of
21    fraudulent documentation or the making of false statements
22    to the Department.
23    (c) If a prequalification is suspended by the Department
24without a hearing for any reason set forth in this Section or
25in Section 10-65 of the Illinois Administrative Procedure Act,
26the Department, within 30 days after the issuance of an order

 

 

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1of suspension of the prequalification, shall initiate a
2proceeding for the suspension of or other action upon the
3prequalification.
4    (d) An applicant for prequalification under this Section
5must, at a minimum, be licensed in Illinois as a professional
6engineer or architect in accordance with the Professional
7Engineering Practice Act of 1989 or the Illinois Architecture
8Practice Act of 1989.
 
9    (210 ILCS 125/31 new)
10    Sec. 31. Prequalified swimming facility contractor.
11    (a) Any person seeking to perform construction,
12installation, or major alteration of a swimming facility must
13be prequalified by the Department. A prequalified swimming
14facility contractor must be registered and in good standing
15with the Secretary of State and possess public swimming
16facility construction experience as determined by rules
17promulgated by the Department. Persons seeking
18prequalification pursuant to this Section shall apply for
19prequalification pursuant to rules adopted by the Department.
20    (b) In addition to any other power granted in this Act to
21adopt rules, the Department may adopt rules relating to the
22issuance or renewal of the prequalification of a swimming
23facility contractor or the suspension of the prequalification
24of any such person or entity, including, without limitation, an
25interim or emergency suspension without a hearing founded on

 

 

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1any one or more of the bases set forth in this subsection.
2    The bases for an interim or emergency suspension of the
3prequalification of a swimming facility contractor include,
4but are not limited to, the following:
5        (1) A finding by the Department that the public
6    interest, safety, or welfare requires a summary suspension
7    of the prequalification without a hearing.
8        (2) The occurrence of an event or series of events
9    which, in the Department's opinion, warrants a summary
10    suspension of the prequalification without a hearing. Such
11    events include, without limitation: (i) the indictment of
12    the holder of the prequalification by a State or federal
13    agency or another branch of government for a crime; (ii)
14    the suspension or modification of a license by another
15    State agency or by a federal agency or another branch of
16    government after a hearing; (iii) failure to comply with
17    State law, including, without limitation, this Act and the
18    rules promulgated thereunder; and (iv) submission of
19    fraudulent documentation or the making of false statements
20    to the Department.
21    (c) If a prequalification is suspended by the Department
22without a hearing for any reason set forth in this Section or
23in Section 10-65 of the Illinois Administrative Procedure Act,
24the Department, within 30 days after the issuance of an order
25of suspension of the prequalification, shall initiate a
26proceeding for the suspension of or other action upon the

 

 

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1prequalification.
 
2    (210 ILCS 125/32 new)
3    Sec. 32. Service animals. It is the duty of a licensee
4under this Act to allow the use of service animals as defined
5and prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R.
635.139, 28 C.F.R. 36.104, 28 C.F.R. 208, and 28 C.F.R. 302(c)
7if the service animal has been trained to perform a specific
8task or work in the water and the use of such animal does not
9pose a direct threat to the health and safety of the patrons of
10the facility or the function or sanitary conditions of the
11facility. Any use of a licensed swimming facility by an animal
12other than a service animal as authorized under this Section is
13prohibited.
 
14    Section 99. Effective date. This Act takes effect January
151, 2013.