Full Text of SB3727 97th General Assembly
SB3727enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Swimming Facility Act is amended by changing | 5 | | Sections 2, 3, 3.01, 3.02, 3.05, 3.10, 3.12, 3.13, 4, 5, 6, 7, | 6 | | 8, 9, 11, 13, 17, 20, 21, 22, 23, and 27 and by adding Sections | 7 | | 3.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, | 8 | | 3.24, 5.1, 5.2, 8.1, 8.2, 8.3, 20.5, 22.2, 30, 31, and 32 as | 9 | | follows: | 10 | | (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202) | 11 | | Sec. 2. Legislative purpose. It is found that there exists, | 12 | | and may in
the future exist, within the
State of Illinois | 13 | | public swimming facilities, including swimming pools, spas, | 14 | | water slides, public
bathing beaches, and other swimming | 15 | | facilities , which
are substandard in one or more important | 16 | | features of safety, cleanliness or
sanitation. Such conditions | 17 | | adversely affect the public health, safety and
general welfare | 18 | | of persons. | 19 | | Therefore, the purpose of this Act is to protect, promote | 20 | | and preserve
the public health, safety and general welfare by | 21 | | providing for the
establishment and enforcement of minimum | 22 | | standards for safety, cleanliness
and general sanitation for | 23 | | all swimming facilities, including swimming pools, spas, water |
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| 1 | | slides,
public bathing beaches, and other aquatic features
now | 2 | | in existence or hereafter constructed, developed, or altered ,
| 3 | | and to
provide for
inspection and licensing of all such | 4 | | facilities. | 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 | 8 | | context otherwise
requires, the terms
specified in Sections | 9 | | 3.01 through 3.24 3.13 have the meanings ascribed
to them
in | 10 | | those 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 | 14 | | artificial basin of
water which is
modified, improved, | 15 | | constructed or installed for the purpose of public
swimming, | 16 | | wading, floating, or diving, and includes: pools for community
| 17 | | use, pools at
apartments, condominiums, and other groups or | 18 | | associations having 5 or more
living units, clubs, churches, | 19 | | camps, schools, institutions, Y.M.C.A.'s,
Y.W.C.A.'s, parks, | 20 | | recreational areas, motels, hotels , health clubs, golf and | 21 | | country clubs, and other commercial
establishments. It does not | 22 | | include pools at private single-family residences intended
| 23 | | only 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, | 3 | | except as defined in
Section 3.01, or that portion thereof used | 4 | | for the purpose of public
swimming or recreational bathing, and | 5 | | includes beaches at: apartments,
condominiums, subdivisions, | 6 | | and other groups or associations having 5 or more living
units, | 7 | | clubs, churches, camps, schools, institutions, parks, | 8 | | recreational
areas, motels, hotels and other commercial | 9 | | establishments. It includes
shores, equipments, buildings and | 10 | | appurtenances pertaining to such areas.
It does not include | 11 | | bathing beaches at private residences intended only for
the use | 12 | | of 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 | 16 | | individuals, association, trust,
partnership, limited | 17 | | liability company, corporation, person doing business under an | 18 | | assumed name,
county, municipality, the State of Illinois, or | 19 | | any political subdivision
or department thereof, or any other | 20 | | entity.
| 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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| 1 | | recreational
or
therapeutic use that is not drained, cleaned, | 2 | | or refilled for each user. It
may
include hydrojet circulation, | 3 | | hot water, cold water mineral bath, air induction
bubbles, or | 4 | | some combination thereof. It includes "therapeutic pools",
| 5 | | "hydrotherapy pools", "whirlpools", "cold spas", "hot spas", | 6 | | and "hot tubs". It does not
include these facilities at | 7 | | individual single-family residences intended for use by the
| 8 | | occupant 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 | 12 | | swimming pool,
spa, public bathing
beach, water slide, lazy | 13 | | river, spray pool, or other aquatic feature and its | 14 | | appurtenances, singular or aggregated together, that exists | 15 | | for the purpose of providing recreation or therapeutic services | 16 | | to the public. It does not include isolation or flotation | 17 | | tanks. | 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 | 21 | | feature recreational facility that is not a swimming pool and | 22 | | that has structures or fittings for spraying, dumping, or | 23 | | shooting water. The term does not include features facilities | 24 | | having as a source of water a public water supply that is |
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| 1 | | regulated by the Illinois Environmental Protection Agency or | 2 | | the Illinois Department of Public Health and that has no | 3 | | capacity 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 | 7 | | professional engineer. "Prequalified architect" or | 8 | | "prequalified professional engineer" means an individual who | 9 | | is prequalified by the Department and is responsible for | 10 | | coordinating the design, planning, and creation of | 11 | | specifications for swimming facilities and for applying for a | 12 | | permit 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 | 16 | | is prequalified by the Department to perform the construction, | 17 | | installation, modification, or repair of a swimming facility | 18 | | and its appurtenances. | 19 | | (210 ILCS 125/3.16 new) | 20 | | Sec. 3.16. Aquatic feature. "Aquatic feature" means any | 21 | | single element of a swimming facility other than a swimming | 22 | | pool or spa or bathing beach, including, but not limited to, a | 23 | | lazy river, water slide, spray pool, or other feature that |
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| 1 | | provides aquatic recreation or therapy. | 2 | | (210 ILCS 125/3.17 new) | 3 | | Sec. 3.17. Lapsed fee. "Lapsed fee" means the amount | 4 | | charged to a licensee for failing to renew a swimming facility | 5 | | license within one year after the expiration of the license. | 6 | | This fee is in addition to any other fees associated with | 7 | | renewal of a swimming facility license. | 8 | | (210 ILCS 125/3.18 new) | 9 | | Sec. 3.18. Living unit. "Living unit" means a home, mobile | 10 | | home, duplex unit, apartment unit, condominium unit, or any | 11 | | dwelling unit in a multi-unit residential structure or a | 12 | | campground lot. | 13 | | (210 ILCS 125/3.19 new) | 14 | | Sec. 3.19. Major alteration. "Major alteration" means any | 15 | | change to a swimming facility or its aquatic features or | 16 | | appurtenances that alters the facility's functionality or | 17 | | as-built or as-permitted condition. This includes, but is not | 18 | | limited to, an alteration of a pool that changes the water | 19 | | surface area, depth, or volume, addition of a permanently | 20 | | installed appurtenance such as a diving board, slide, or | 21 | | starting platform, modification of the design of the | 22 | | recirculation system, and replacement or modification of a | 23 | | bather preparation facility. It does not include maintenance or |
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| 1 | | minor repair or the replacement of equipment with comparable | 2 | | components. | 3 | | (210 ILCS 125/3.20 new) | 4 | | Sec. 3.20. Subsequent inspection. "Subsequent inspection" | 5 | | means any inspection made by the Department or its agents or | 6 | | certified local health departments that are authorized by local | 7 | | government ordinance to administer and enforce this Act for | 8 | | purposes of annual renewals, responding to a substantiated | 9 | | complaint, complying with a request by the licensee or its | 10 | | agent, or ensuring compliance with an order of the Department. | 11 | | The term does not include initial inspections performed by the | 12 | | Department relating to permitted construction, interim | 13 | | compliance inspections, or Department inspections in a case in | 14 | | which no violations are found. | 15 | | (210 ILCS 125/3.21 new) | 16 | | Sec. 3.21. Initial review. "Initial review" means the | 17 | | first review of any submittal made by an applicant for a permit | 18 | | for construction or major alteration, as provided for in | 19 | | Section 5 of this Act. If the requirements of Section 5 are | 20 | | met, a permit shall be issued; otherwise the Department shall | 21 | | issue correspondence indicating deficiencies. | 22 | | (210 ILCS 125/3.22 new) | 23 | | Sec. 3.22. Initial inspection. "Initial inspection" means |
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| 1 | | an inspection conducted by the Department to determine | 2 | | compliance with this Act and rules promulgated thereunder in | 3 | | order to approve the operation of a swimming facility after the | 4 | | Department has issued a permit for construction or major | 5 | | alteration. | 6 | | (210 ILCS 125/3.23 new) | 7 | | Sec. 3.23. Agent health department. "Agent health | 8 | | department" means a certified local health department that the | 9 | | Department has designated as its agent for making inspections | 10 | | and investigations under Section 11 of this Act. | 11 | | (210 ILCS 125/3.24 new) | 12 | | Sec. 3.24. Ordinance health department. "Ordinance health | 13 | | department" means a certified local health department | 14 | | belonging to a unit of local government that has adopted an | 15 | | ordinance electing to administer and enforce this Act and | 16 | | adopting, by reference, the rules adopted and amended from time | 17 | | to time by the Department under the authority of Section 27 of | 18 | | this 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 | 21 | | unlawful
for any person to open,
establish, maintain or operate | 22 | | a swimming facility within this
State without first obtaining a | 23 | | license therefor from the Department or, where applicable, from |
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| 1 | | the ordinance health department .
Applications for
original | 2 | | licenses shall be made on forms furnished by the Department or, | 3 | | where applicable, by an ordinance health department . Each
| 4 | | application to the Department shall be signed by the applicant | 5 | | and
accompanied by an affidavit of the applicant as to the | 6 | | truth of the
application and, except in the case of an | 7 | | application by an organization
incorporated under the General | 8 | | Not for Profit Corporation Act, as amended,
by the payment of a | 9 | | license application fee of $50 .
License fees are not | 10 | | refundable. Each application shall contain: the name
and | 11 | | address of the applicant, or names and addresses of the | 12 | | partners if the
applicant is a partnership, or the name and | 13 | | addresses of the officers if
the applicant is a corporation or | 14 | | the names and addresses of all persons
having an interest | 15 | | therein if the applicant is a group of individuals,
| 16 | | association, or trust; and the location of the swimming | 17 | | facility. A
license shall be valid only in the possession of | 18 | | the person to whom it is
issued and shall not be the subject of | 19 | | sale, assignment, or other transfer,
voluntary, or | 20 | | involuntary, nor shall the license be valid for any premises
| 21 | | other than those for which originally issued. Upon receipt of | 22 | | an
application for an original license , the Department or, | 23 | | where applicable, the ordinance health department shall | 24 | | inspect such
swimming facility to insure compliance with this | 25 | | Act. In no case shall license fees be assessed by both the | 26 | | Department 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 | 4 | | swimming facility shall be
constructed ,
developed, installed, | 5 | | or altered in a major manner until plans,
specifications, and | 6 | | other information
relative to such swimming facility and | 7 | | appurtenant
facilities as may be
requested on forms provided by | 8 | | the Department are submitted to and reviewed by the Department
| 9 | | and found to comply with minimum sanitary and safety | 10 | | requirements and
design criteria, and until a permit for the | 11 | | construction or major alteration development is
issued by the | 12 | | Department. Permits are valid for a period of one year from
| 13 | | date of issue. They may be reissued upon application to the | 14 | | Department and
payment of the permit fee as provided in this | 15 | | Act . | 16 | | The fee to be paid by an applicant , other than an | 17 | | organization
incorporated under the General Not for Profit | 18 | | Corporation Act, as now or
hereafter amended, for a permit for | 19 | | construction, development, major
alteration, or
installation | 20 | | of each swimming facility shall be in accordance with Sections | 21 | | 8.1, 8.2, and 8.3 of this Act and is $50, which shall accompany | 22 | | such
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 | 2 | | applications shall be made by an architect or engineer | 3 | | prequalified in accordance with Section 30 of this Act. Such | 4 | | applications shall include the sealed technical submissions of | 5 | | the prequalified architect or prequalified professional | 6 | | engineer responsible for the application. The requirements for | 7 | | permit applications by a prequalified architect or | 8 | | prequalified professional engineer shall take effect upon | 9 | | adoption 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 | 12 | | failing to qualify for a permit for construction or major | 13 | | alteration after review by the Department shall be supplemented | 14 | | within 30 days by a plan resubmittal. Such resubmittals shall | 15 | | include, but not be limited to, revised plans, specifications | 16 | | and other required documentation sufficient to correct | 17 | | deficiencies in the application and demonstrate compliance | 18 | | with the rules. All plan resubmittals shall be submitted to the | 19 | | Department by a prequalified architect or prequalified | 20 | | professional engineer and shall be accompanied by a fee in | 21 | | accordance with Sections 8.1, 8.2 and 8.3 of this Act. The | 22 | | requirements for plan resubmittal by a prequalified architect | 23 | | or prequalified professional engineer shall take effect upon | 24 | | adoption 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 | 3 | | of
the license shall be made in writing by the holder of the | 4 | | license, on forms
furnished by the Department or, where | 5 | | applicable, the ordinance health department, and, except in the | 6 | | case of an application by an
organization incorporated under | 7 | | the General Not for Profit Corporation Act,
as now or hereafter | 8 | | amended, shall be accompanied by a license application
fee in | 9 | | accordance with Sections 8.1, 8.2, and 8.3 of this Act for fees | 10 | | assessed by the Department or as established by local ordinance | 11 | | for fees assessed by the ordinance health department of $50 , | 12 | | which shall not be refundable, and shall contain any change in
| 13 | | the information submitted since the original license was issued | 14 | | or the
latest renewal granted. In addition to any other fees | 15 | | required under this
Act, a late fee in accordance with Sections | 16 | | 8.1, 8.2, and 8.3 of this Act of $20 shall be charged when any | 17 | | renewal application is
received by the Department after the | 18 | | license has expired or as established by local ordinance for | 19 | | fees assessed by the ordinance health department ; however, | 20 | | educational
institutions and units of State or local government | 21 | | shall not be required
to pay late fees. If, after inspection, | 22 | | the Department or the ordinance health department is satisfied
| 23 | | that the swimming facility is in substantial compliance
with | 24 | | the
provisions of this Act and the rules and regulations issued | 25 | | thereunder, the
Department or the ordinance health department | 26 | | shall issue the renewal license. No license shall be renewed if |
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| 1 | | the licensee has unpaid fines, fees, or penalties owed to the | 2 | | Department. In no case shall license renewal or late fees be | 3 | | assessed by both the Department and the ordinance health | 4 | | department. | 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 | 8 | | applicable, the ordinance health department finds that the | 9 | | facilities
of any swimming facility for which a license is | 10 | | sought are not in compliance with the
provisions of this Act | 11 | | and the rules of the Department
relating thereto, but may | 12 | | operate without undue prejudice to the public,
the Department | 13 | | or the ordinance health department may issue a conditional | 14 | | license setting forth
the conditions on which the license is | 15 | | issued, the manner in which the
swimming facility fails to | 16 | | comply with the Act and such
rules, and shall set forth the | 17 | | time, not to exceed 3 years, within
which the applicant must | 18 | | make any changes or corrections necessary to fully
comply with | 19 | | this Act and the rules and regulations of the Department
| 20 | | relating thereto. No more than 3 such consecutive annual | 21 | | conditional 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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| 1 | | penalties generated under
the authority of this Act , except | 2 | | fees collected by agent health departments or ordinance health | 3 | | departments, shall be deposited into
the Facility Licensing | 4 | | Fund and, subject to appropriation, shall be used by the
| 5 | | Department in the administration of this Act. All fees and | 6 | | penalties shall be submitted in
the form of a check or money | 7 | | order , or by other means authorized by the Department , agent | 8 | | health department, or ordinance health department . All
| 9 | | licenses provided for in this Act shall be displayed in a
| 10 | | conspicuous place for public view, within or on such premises. | 11 | | In case of
revocation or suspension, the licensee owner or | 12 | | operator or both shall cause the
license to be removed and to | 13 | | post the notice of revocation or suspension
issued by the | 14 | | Department or ordinance health department . Fees for a permit | 15 | | for construction or major alteration, an original license, and | 16 | | a plan resubmittal shall be determined by the total water | 17 | | surface area of the swimming facility, except that aquatic | 18 | | features and bathing beaches shall be charged a fixed fee | 19 | | regardless of water surface area. License renewal fees assessed | 20 | | by the Department shall be determined by the total water | 21 | | surface area of the swimming facility, except that aquatic | 22 | | features and bathing beaches shall be charged a fixed fee | 23 | | regardless of water surface area. Late renewal, lapsed, initial | 24 | | inspection, and subsequent inspection fees assessed by the | 25 | | Department shall be fixed fees regardless of water surface | 26 | | area. |
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| 1 | | Fees assessed by the Department shall be determined in | 2 | | accordance with the ownership designation of the swimming | 3 | | facility at the time of application. Fees assessed by agent | 4 | | health departments and ordinance health departments may be | 5 | | established 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 | 9 | | for all licensees except certain tax-exempt organizations, | 10 | | governmental units, and public elementary and secondary | 11 | | schools. The fee schedule for fees assessed by the Department | 12 | | for all licensees, except those specifically identified in | 13 | | Sections 8.2 and 8.3 of this Act, shall be as follows: | |
14 | | Water Surface | Construction | Major | Plan | |
15 | | Area or Other | Permit Fee | Alteration Fee | Resubmittal | |
16 | | Feature | | | Fee | |
17 | | 0-500 sq ft | $625 | $310 | $200 | |
18 | | 501-1,000 sq ft | $1,250 | $625 | $200 | |
19 | | 1,001-2,000 sq | 20 | | ft | $1,500 | $750 | $200 | |
21 | | 2,001 sq ft and | 22 | | up | $1,950 | $975 | $200 | |
23 | | Aquatic Feature | $625 | $310 | $200 | |
24 | | Bathing Beach | $625 | $310 | $200 |
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| 1 | | Water Surface Area or Other | Original License and License | |
2 | | Feature | Renewal Fee | |
3 | | 0-500 sq ft | $150 | |
4 | | 501-1,000 sq ft | $300 | |
5 | | 1,001-2,000 sq ft | $400 | |
6 | | 2,001 sq ft and up | $500 | |
7 | | Aquatic Feature | $150 | |
8 | | Bathing Beach | $150 | |
9 | | Late Renewal Fee | $100 | |
10 | | Lapsed Fee | $150 |
| | |
12 | | Initial Inspection | $150 | |
13 | | Subsequent Inspection | $100 |
| 14 | | All fees set forth in this Section shall be charged on a | 15 | | per-swimming-facility or per-aquatic-feature basis, unless | 16 | | otherwise noted. | 17 | | (210 ILCS 125/8.2 new) | 18 | | Sec. 8.2. Fee schedule for fees assessed by the Department | 19 | | for certain tax-exempt organizations. The fee schedule for fees | 20 | | assessed by the Department for a licensee that is an | 21 | | organization recognized by the United States Internal Revenue | 22 | | Service as tax-exempt under Title 26 of the United States Code, |
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| 1 | | Section 501(c)(3) shall be as follows: | |
2 | | Water Surface | Construction | Major Alteration | Plan | |
3 | | Area or Other | Permit Fee | Fee | Resubmittal | |
4 | | Feature | | | Fee | |
5 | | 0-500 sq ft | $150 | $50 | $200 | |
6 | | 501-1,000 sq ft | $150 | $50 | $200 | |
7 | | 1,001-2,000 sq ft | $150 | $50 | $200 | |
8 | | 2,001 sq ft and | 9 | | up | $150 | $200 | $200 | |
10 | | Aquatic Feature | $600 | $300 | $200 | |
11 | | Bathing Beach | $150 | $50 | $200 |
| |
12 | | Water Surface Area or Other | Original License and License | |
13 | | Feature | Renewal Fee | |
14 | | 0-500 sq ft | $0 | |
15 | | 501-1,000 sq ft | $0 | |
16 | | 1,001-2,000 sq ft | $0 | |
17 | | 2,001 sq ft and up | $0 | |
18 | | Aquatic Feature | $75 | |
19 | | Bathing Beach | $75 | |
20 | | Late Renewal Fee | $50 | |
21 | | Lapsed Fee | $75 |
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| 1 | | Subsequent Inspection | $100 |
| 2 | | All fees set forth in this Section shall be charged on a | 3 | | per-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 | 6 | | for certain governmental units and schools. The fee schedule | 7 | | for fees assessed by the Department for a licensee that is a | 8 | | unit of State or local government or a public elementary or | 9 | | secondary school shall be as follows: | |
10 | | Water Surface | Construction | Major Alteration | Plan | |
11 | | Area or Other | Permit Fee | Permit Fee | Resubmittal | |
12 | | Feature | | | Fee | |
13 | | 0-500 sq ft | $0 | $0 | $200 | |
14 | | 501-1,000 sq ft | $0 | $0 | $200 | |
15 | | 1,001-2,000 sq ft | $0 | $0 | $200 | |
16 | | 2,001 sq ft and | 17 | | up | $0 | $0 | $200 | |
18 | | Aquatic Feature | $600 | $300 | $200 | |
19 | | Bathing Beach | $0 | $0 | $200 |
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20 | | Water Surface Area or Other | Original License and License | |
21 | | Feature | Renewal Fee | |
22 | | 0-500 sq ft | $0 | |
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| 1 | | 501-1,000 sq ft | $0 | |
2 | | 1,001-2,000 sq ft | $0 | |
3 | | 2,001 sq ft and up | $0 | |
4 | | Aquatic Feature | $0 | |
5 | | Bathing Beach | $0 | |
6 | | Late Renewal Fee | $0 | |
7 | | Lapsed Fee | $0 |
| | |
9 | | Initial Inspection | $0 | |
10 | | Subsequent Inspection | $100 |
| 11 | | Construction permit fees and major alteration permit fees | 12 | | set forth in this Section shall be due only if the Department | 13 | | produces an initial review within 60 days after receipt of the | 14 | | application. The fees for aquatic features under this Section | 15 | | shall cover all aquatic features at a particular facility, and | 16 | | an aquatic feature fee is not required for each and every | 17 | | aquatic feature.
| 18 | | (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)
| 19 | | Sec. 9. Inspections. Subject to constitutional | 20 | | limitations, the
Department, by its
representatives, after | 21 | | proper identification, is authorized and shall have
the power | 22 | | to enter at reasonable times upon private or public property | 23 | | for
the purpose of inspecting and investigating conditions |
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| 1 | | relating to the
enforcement of this Act and rules regulations | 2 | | issued hereunder. Written notice of
all violations shall be | 3 | | given to each person against whom a violation is alleged the | 4 | | owners, 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 | 8 | | certified local health departments as its agents for purposes | 9 | | of carrying out this Act. An agent so designated may charge | 10 | | fees for costs associated with enforcing this Act. Where the | 11 | | agent determines that it cannot perform an inspection under | 12 | | this Act, the Department shall perform the inspection and any | 13 | | applicable fees shall be payable to the Department and the | 14 | | agent may not charge a fee. If the Department performs a | 15 | | service or activity for the agent that the agent cannot | 16 | | perform, the fee for the service or activity shall be paid to | 17 | | the Department and not to the agent. In no case shall fees be | 18 | | assessed by both the Department and an agent for the same | 19 | | service or activity. full-time Municipal, District, County or
| 20 | | multiple-County Health Departments as its agents in making | 21 | | inspections 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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| 1 | | adopt and
amend such
rules as may be necessary for the proper | 2 | | enforcement of
this Act, to protect the health and safety of | 3 | | the public using swimming facilities such pools
and beaches, | 4 | | spas, and their other appurtenances, and may, when necessary,
| 5 | | utilize the services of any other
state agencies to assist in | 6 | | carrying out the purposes of this Act. These rules
shall | 7 | | include but are not limited to design criteria for swimming
| 8 | | facility areas and bather preparation facilities, standards | 9 | | relating to
sanitation, cleanliness, plumbing, water supply, | 10 | | sewage and solid waste
disposal, design and construction of all | 11 | | equipment, buildings, rodent and
insect control, communicable | 12 | | disease control, safety and sanitation of
appurtenant swimming | 13 | | facilities. The rules must
include provisions for the | 14 | | prevention of bather entrapment or entanglement at
new and | 15 | | existing swimming facilities.
Bather preparation
facilities
| 16 | | consisting of dressing room space, toilets and showers shall be | 17 | | available
for use of patrons of swimming facilities, except as
| 18 | | provided 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 | 22 | | Officer may compel by subpoena or subpoena
duces tecum the | 23 | | attendance and testimony of witnesses and the production
of | 24 | | records or documents either in electronic or paper form books | 25 | | and papers and administer oaths to witnesses. All subpoenas |
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| 1 | | issued by the
Director or Hearing Officer may be served as | 2 | | provided for in a civil
action. | 3 | | The fees of witnesses for attendance and travel shall be | 4 | | the same
as the fees for witnesses before the circuit court and | 5 | | shall be paid by the
party to such proceeding at whose request | 6 | | the subpoena is issued. If such
subpoena is issued at the | 7 | | request of the Department, the witness fee shall
be paid as an | 8 | | administrative expense.
| 9 | | In cases of refusal of a witness to attend or testify, or | 10 | | to produce records or documents
books or papers , concerning any | 11 | | matter upon which he might be lawfully
examined, the circuit | 12 | | court of the county where the hearing is held, upon
application | 13 | | of any party to the proceeding, may compel
obedience by | 14 | | proceeding 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 | 18 | | certify any record or file any
answer or otherwise appear in | 19 | | any proceeding for judicial
review unless there is filed in the | 20 | | court with the complaint a receipt from the Department | 21 | | acknowledging payment of the costs of furnishing and certifying | 22 | | the record, which costs shall be computed at the rate of $1 per | 23 | | page of such record the party filing the complaint deposits | 24 | | with the clerk of
the court the sum of $1 per page representing | 25 | | costs of such certification .
Failure on the part of the |
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| 1 | | plaintiff to make such deposit shall be grounds
for dismissal | 2 | | of 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 | 6 | | charge $0.25 per each 8.5" x 11" page, whether paper or | 7 | | electronic, for copies of records held by the Department | 8 | | pursuant to this Act. For documents larger than 8.5" x 11", | 9 | | actual 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 | 12 | | any violation of this Act or the rules promulgated under this | 13 | | Act, if the violation presents an emergency or risk to public | 14 | | health, the Department shall, without prior notice or hearing, | 15 | | issue a written notice, immediately order the owner, operator, | 16 | | or
licensee to close the swimming facility and to prohibit
any | 17 | | person from using
such facilities. Notwithstanding any other | 18 | | provisions in this Act, such order shall be effective | 19 | | immediately. | 20 | | The notice shall state the reasons prompting the closing of | 21 | | the
facilities and a copy of the notice must be posted | 22 | | conspicuously at the
pool or beach by the owner, operator or | 23 | | licensee. | 24 | | The Attorney General and the State's Attorney and Sheriff |
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| 1 | | of the county in which the swimming
facility is located shall | 2 | | enforce the closing order after receiving
notice thereof. | 3 | | Any owner, operator or licensee affected by such an order | 4 | | is entitled,
upon written request to the Department, to a | 5 | | hearing as provided in this
Act. | 6 | | When such violations are abated in the
opinion of the | 7 | | Department,
the Department may authorize reopening the | 8 | | swimming 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 | 12 | | Act or any rule or regulation adopted by
the Department, or who | 13 | | violates any determination or order of the
Department under | 14 | | this Act , shall be guilty of a Class A misdemeanor punishable | 15 | | by a fine of $1,000 for each day the violation exists, in | 16 | | addition to civil penalties, or up to 6 months imprisonment, or | 17 | | both a fine and imprisonment .
| 18 | | Each day's violation constitutes a separate offense. The | 19 | | State's
Attorney of the county in which the violation occurred, | 20 | | or the Attorney
General shall bring such actions in the name of | 21 | | the people of the State of
Illinois , or may in addition to | 22 | | other remedies provided in this Act, bring
action for an | 23 | | injunction to restrain such violation, or to enjoin the
| 24 | | operation 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 | 3 | | administrative civil penalties for violations of this Act and | 4 | | the rules promulgated thereunder, pursuant to rules for such | 5 | | penalties adopted by the Department. The State's Attorney of | 6 | | the county in which the violation occurred, or the Attorney | 7 | | General, shall bring actions for collection of penalties | 8 | | imposed under this Section in the name of the people of the | 9 | | State of Illinois. The State's Attorney or Attorney General | 10 | | may, in addition to other remedies provided in this Act, bring | 11 | | an action (i) for an injunction to restrain the violation, (ii) | 12 | | to impose civil penalties (if no penalty has been imposed by | 13 | | the Department), or (iii) to enjoin the operation of any such | 14 | | person 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 | 17 | | construed to
exclude the State of Illinois
and Departments and | 18 | | educational institutions thereof and units of local
government | 19 | | except that the provisions in this Act for fees or late fees | 20 | | for licenses and
permits,
and the provisions for civil | 21 | | penalties, fines fine and imprisonment shall not apply to the | 22 | | State
of Illinois, to Departments and educational institutions | 23 | | thereof, or units
of local government. This Act shall not apply | 24 | | to beaches operated by units
of local government located on |
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| 1 | | Lake 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 | 5 | | having a certified local
full-time municipal, district,
county | 6 | | or multiple-county health department and which employs full | 7 | | time
a
physician licensed in Illinois to practice medicine in | 8 | | all its branches
and a professional engineer, registered in | 9 | | Illinois, with a minimum of 2
years' experience in | 10 | | environmental health, may administer and enforce this
Act by | 11 | | adopting an ordinance electing to administer and enforce this | 12 | | Act
and adopting by reference the rules and regulations | 13 | | promulgated and
amended from time to time by the Department | 14 | | under authority of this Act.
| 15 | | A unit of local government that so qualified and elects to | 16 | | administer
and enforce this Act shall furnish the Department a | 17 | | copy of its ordinance
and the names and qualifications of the | 18 | | employees required by this Act. The
unit of local government | 19 | | ordinance shall then prevail in lieu of the state
licensure fee | 20 | | and inspection program with the exception of Section 5 of
this | 21 | | Act which provides for permits for construction or major | 22 | | alteration, and Sections 5.1, 5.2, 30, and 31 , development and
| 23 | | installation, which provisions shall continue to be | 24 | | administered by the
Department. With the exception of permits | 25 | | as provided for in Section 5 of this Act, a unit of local |
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| 1 | | government may collect fees for administration of ordinances | 2 | | adopted pursuant to this Section. Units of local government | 3 | | shall require such State permits as
provided in Section 5 prior | 4 | | to issuing licenses for swimming facilities constructed , | 5 | | developed, installed, or altered in a major
manner in | 6 | | accordance with this Act
after the effective date of
this Act .
| 7 | | Not less than once every 3 years each year the Department | 8 | | shall evaluate each unit of
local government's licensing and | 9 | | inspection program to determine whether
such program is being | 10 | | operated and enforced in accordance with this Act and
the rules | 11 | | and regulations promulgated thereunder. If the Department | 12 | | finds,
after investigation, that such program is not being | 13 | | enforced within the
provisions of this Act or the rules and | 14 | | regulations promulgated
thereunder, the Director shall give | 15 | | written notice of such findings to the
unit of government. If | 16 | | the Department finds, not less than 30 days after of such
given | 17 | | notice, that the program is not being conducted and enforced | 18 | | within
the provisions of this Act or the rules and regulations | 19 | | promulgated
thereunder, the Director shall give written notice | 20 | | to the unit of
government that its authority to administer this | 21 | | Act is revoked. Any unit
of government whose authority to | 22 | | administer this Act is revoked may request
an administrative | 23 | | hearing as provided in this Act. If the unit of
government | 24 | | fails to request a hearing within 15 days after receiving the | 25 | | notice or if, after such hearing, the
Director confirms the | 26 | | revocation, all swimming facilities then operating under
such |
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| 1 | | unit of government shall be immediately
subject to the State | 2 | | licensure fee and inspection program, until such time
as the | 3 | | unit of government is again authorized by the Department to
| 4 | | administer 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 | 8 | | professional engineer. | 9 | | (a) Any person responsible for designing, planning, and | 10 | | creating specifications for swimming facilities and for | 11 | | applying for a permit for construction or major alteration of a | 12 | | swimming facility must be an architect or professional engineer | 13 | | prequalified by the Department. A prequalified architect or | 14 | | prequalified professional engineer must be licensed and in good | 15 | | standing with the Illinois Department of Financial and | 16 | | Professional Regulation and must possess public swimming | 17 | | facility design experience as determined by rules promulgated | 18 | | by the Department. Persons seeking prequalification pursuant | 19 | | to this Section shall apply for prequalification pursuant to | 20 | | rules adopted by the Department. | 21 | | (b) In addition to any other power granted in this Act to | 22 | | adopt rules, the Department may adopt rules relating to the | 23 | | issuance or renewal of the prequalification of an architect or | 24 | | professional engineer or the suspension of the | 25 | | prequalification of any such person or entity, including, |
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| 1 | | without limitation, a summary suspension without a hearing | 2 | | founded on any one or more of the bases set forth in this | 3 | | subsection. | 4 | | The bases for an interim or emergency suspension of the | 5 | | prequalification of an architect or professional engineer | 6 | | include, 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 | 24 | | without a hearing for any reason set forth in this Section or | 25 | | in Section 10-65 of the Illinois Administrative Procedure Act, | 26 | | the Department, within 30 days after the issuance of an order |
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| 1 | | of suspension of the prequalification, shall initiate a | 2 | | proceeding for the suspension of or other action upon the | 3 | | prequalification. | 4 | | (d) An applicant for prequalification under this Section | 5 | | must, at a minimum, be licensed in Illinois as a professional | 6 | | engineer or architect in accordance with the Professional | 7 | | Engineering Practice Act of 1989 or the Illinois Architecture | 8 | | Practice Act of 1989. | 9 | | (210 ILCS 125/31 new) | 10 | | Sec. 31. Prequalified swimming facility contractor. | 11 | | (a) Any person seeking to perform construction, | 12 | | installation, or major alteration of a swimming facility must | 13 | | be prequalified by the Department. A prequalified swimming | 14 | | facility contractor must be registered and in good standing | 15 | | with the Secretary of State and possess public swimming | 16 | | facility construction experience as determined by rules | 17 | | promulgated by the Department. Persons seeking | 18 | | prequalification pursuant to this Section shall apply for | 19 | | prequalification pursuant to rules adopted by the Department. | 20 | | (b) In addition to any other power granted in this Act to | 21 | | adopt rules, the Department may adopt rules relating to the | 22 | | issuance or renewal of the prequalification of a swimming | 23 | | facility contractor or the suspension of the prequalification | 24 | | of any such person or entity, including, without limitation, an | 25 | | interim or emergency suspension without a hearing founded on |
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| 1 | | any one or more of the bases set forth in this subsection. | 2 | | The bases for an interim or emergency suspension of the | 3 | | prequalification of a swimming facility contractor include, | 4 | | but 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 | 22 | | without a hearing for any reason set forth in this Section or | 23 | | in Section 10-65 of the Illinois Administrative Procedure Act, | 24 | | the Department, within 30 days after the issuance of an order | 25 | | of suspension of the prequalification, shall initiate a | 26 | | proceeding for the suspension of or other action upon the |
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| 1 | | prequalification. | 2 | | (210 ILCS 125/32 new) | 3 | | Sec. 32. Service animals. It is the duty of a licensee | 4 | | under this Act to allow the use of service animals as defined | 5 | | and prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R. | 6 | | 35.139, 28 C.F.R. 36.104, 28 C.F.R. 208, and 28 C.F.R. 302(c) | 7 | | if the service animal has been trained to perform a specific | 8 | | task or work in the water and the use of such animal does not | 9 | | pose a direct threat to the health and safety of the patrons of | 10 | | the facility or the function or sanitary conditions of the | 11 | | facility. Any use of a licensed swimming facility by an animal | 12 | | other than a service animal as authorized under this Section is | 13 | | prohibited.
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2013. |
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