Full Text of SB1999 97th General Assembly
SB1999sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1999
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1999 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Swimming Facility Act is amended by | 5 | | changing Sections 2, 3, 3.01, 3.02, 3.05, 3.10, 3.12, 4, 5, 6, | 6 | | 8, 13, 15, 15.1, 20, 21, and 22 and by adding Sections 3.14, | 7 | | 3.15, 3.16, 3.17, 3.18, 5.1, 5.2, 8.1, 8.2, 8.3, 8.4, 22.2, 30, | 8 | | 31, and 35 as follows: | 9 | | (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202) | 10 | | Sec. 2. Legislative purpose. It is found that there exists, | 11 | | and may in
the future exist, within the
State of Illinois | 12 | | public swimming facilities, including swimming pools, spas, | 13 | | water slides, public
bathing beaches, and other swimming | 14 | | facilities which
are substandard in one or more important | 15 | | features of safety, cleanliness or
sanitation. Such conditions | 16 | | adversely affect the public health, safety and
general welfare |
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| 1 | | of persons. | 2 | | Therefore, the purpose of this Act is to protect, promote | 3 | | and preserve
the public health, safety and general welfare by | 4 | | providing for the
establishment and enforcement of minimum | 5 | | standards for safety, cleanliness
and general sanitation for | 6 | | all swimming facilities, including swimming pools, spas, water | 7 | | slides,
public bathing beaches, and other aquatic features
now | 8 | | in existence or hereafter constructed, developed, or altered
| 9 | | and to
provide for
inspection and licensing of all such | 10 | | facilities. | 11 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 12 | | (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203) | 13 | | Sec. 3. Definitions. As used in this Act, unless the | 14 | | context otherwise
requires, the terms
specified in Sections | 15 | | 3.01 through 3.18 3.13 have the meanings ascribed
to them
in | 16 | | those Sections. | 17 | | (Source: P.A. 96-1081, eff. 7-16-10.)
| 18 | | (210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)
| 19 | | Sec. 3.01. Swimming pool. "Swimming Pool" means any | 20 | | artificial basin of
water which is
modified, improved, | 21 | | constructed or installed for the purpose of public
swimming, | 22 | | wading, floating, or diving, and includes: pools for community
| 23 | | use, pools at
apartments, condominiums, and other groups or | 24 | | associations having 5 or more
living units, clubs, churches, |
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| 1 | | camps, schools, institutions, Y.M.C.A.'s,
Y.W.C.A.'s, parks, | 2 | | recreational areas, motels, hotels , health clubs, golf and | 3 | | country clubs, and other commercial
establishments. It does not | 4 | | include pools at private single-family residences intended
| 5 | | only for the use of the owner and guests.
| 6 | | (Source: P.A. 92-18, eff. 6-28-01.)
| 7 | | (210 ILCS 125/3.02) (from Ch. 111 1/2, par. 1203.02)
| 8 | | Sec. 3.02.
"Public Bathing Beach" means any body of water, | 9 | | except as defined in
Section 3.01, or that portion thereof used | 10 | | for the purpose of public
swimming or recreational bathing, and | 11 | | includes beaches at: apartments,
condominiums, subdivisions, | 12 | | and other groups or associations having 5 or more living
units, | 13 | | clubs, churches, camps, schools, institutions, parks, | 14 | | recreational
areas, motels, hotels and other commercial | 15 | | establishments. It includes
shores, equipments, buildings and | 16 | | appurtenances pertaining to such areas.
It does not include | 17 | | bathing beaches at private residences intended only for
the use | 18 | | of the owner and guests.
| 19 | | (Source: P.A. 78-1149.)
| 20 | | (210 ILCS 125/3.05) (from Ch. 111 1/2, par. 1203.05)
| 21 | | Sec. 3.05.
"Person" means any individual, group of | 22 | | individuals, association, trust,
partnership, limited | 23 | | liability company, corporation, person doing business under an | 24 | | assumed name,
county, municipality, the State of Illinois, or |
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| 1 | | any political subdivision
or department thereof, or any other | 2 | | entity.
| 3 | | (Source: P.A. 78-1149.)
| 4 | | (210 ILCS 125/3.10)
| 5 | | Sec. 3.10. Spa. "Spa" means a basin of water designed for | 6 | | recreational
or
therapeutic use that is not drained, cleaned, | 7 | | or refilled for each user. It
may
include hydrojet circulation, | 8 | | hot water, cold water mineral bath, air induction
bubbles, or | 9 | | some combination thereof. It includes "therapeutic pools",
| 10 | | "hydrotherapy pools", "whirlpools", "cold spas", "hot spas", | 11 | | and "hot tubs". It does not
include these facilities at | 12 | | individual single-family residences intended for use by the
| 13 | | occupant and his or her guests.
| 14 | | (Source: P.A. 92-18, eff. 6-28-01.)
| 15 | | (210 ILCS 125/3.12) | 16 | | Sec. 3.12. Swimming facility. "Swimming Facility" means a | 17 | | swimming pool,
spa, public bathing
beach, water slide, lazy | 18 | | river, spray pool, or other aquatic feature and appurtenances | 19 | | that exists for the purpose of providing recreation or | 20 | | therapeutic services to the public. It does not include | 21 | | isolation or flotation tanks. | 22 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 23 | | (210 ILCS 125/3.14 new) |
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| 1 | | Sec. 3.14. Certified swimming facility designer. | 2 | | "Certified swimming facility designer" means an individual who | 3 | | is certified by the Department and is responsible for | 4 | | coordinating the design, planning, and creation of | 5 | | specifications for swimming facilities and for applying for a | 6 | | permit for construction or major alteration. | 7 | | (210 ILCS 125/3.15 new) | 8 | | Sec. 3.15. Licensed swimming facility contractor. | 9 | | "Licensed swimming facility contractor" means an individual | 10 | | who is licensed by the Department to perform construction, | 11 | | installation, modification, or repair of a swimming facility. | 12 | | (210 ILCS 125/3.16 new) | 13 | | Sec. 3.16. Special feature. "Special feature" means any | 14 | | swimming facility other than a swimming pool, spa, or bathing | 15 | | beach, including, but not limited to, a lazy river, water | 16 | | slide, or spray pool. | 17 | | (210 ILCS 125/3.17 new) | 18 | | Sec. 3.17. Lapsed fee. "Lapsed fee" means the amount | 19 | | charged to a licensee for failing to renew a swimming facility | 20 | | license within one year after the expiration of the license. | 21 | | This fee is in addition to any other fees associated with the | 22 | | renewal of a swimming facility license. |
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| 1 | | (210 ILCS 125/3.18 new) | 2 | | Sec. 3.18. Living unit. "Living unit" means a home, mobile | 3 | | home, duplex unit, apartment unit, condominium unit, or any | 4 | | dwelling unit in a multi-unit residential structure or a | 5 | | campground lot. | 6 | | (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204) | 7 | | Sec. 4. License to operate. After May 1, 2002,
it shall be | 8 | | unlawful
for any person to open,
establish, maintain or operate | 9 | | a swimming facility within this
State without first obtaining a | 10 | | license therefor from the Department.
Applications for
| 11 | | original licenses shall be made on forms furnished by the | 12 | | Department. Each
application to the Department shall be signed | 13 | | by the applicant and
accompanied by an affidavit of the | 14 | | applicant as to the truth of the
application and, except in the | 15 | | case of an application by an organization
incorporated under | 16 | | the General Not for Profit Corporation Act, as amended,
by the | 17 | | payment of a license application fee of $50.
License fees are | 18 | | not refundable . Each application shall contain: the name
and | 19 | | address of the applicant, or names and addresses of the | 20 | | partners if the
applicant is a partnership, or the name and | 21 | | addresses of the officers if
the applicant is a corporation or | 22 | | the names and addresses of all persons
having an interest | 23 | | therein if the applicant is a group of individuals,
| 24 | | association, or trust; and the location of the swimming | 25 | | facility. A
license shall be valid only in the possession of |
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| 1 | | the person to whom it is
issued and shall not be the subject of | 2 | | sale, assignment, or other transfer,
voluntary, or | 3 | | involuntary, nor shall the license be valid for any premises
| 4 | | other than those for which originally issued. Upon receipt of | 5 | | an
application for an original license the Department shall | 6 | | inspect such
swimming facility to insure compliance with this | 7 | | Act. | 8 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 9 | | (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205) | 10 | | Sec. 5. Permit for construction or major alteration. No | 11 | | swimming facility shall be
constructed,
developed, installed, | 12 | | or altered in a major manner until plans,
specifications, and | 13 | | other information
relative to such swimming facility and | 14 | | appurtenant
facilities as may be
requested by the Department | 15 | | are submitted to and reviewed by the Department
and found to | 16 | | comply with minimum sanitary and safety requirements and
design | 17 | | criteria, and until a permit for the construction or | 18 | | development is
issued by the Department. Permits are valid for | 19 | | a period of one year from
date of issue. They may be reissued | 20 | | upon application to the Department and
payment of the permit | 21 | | fee as provided in this Act . | 22 | | The fee to be paid by an applicant , other than an | 23 | | organization
incorporated under the General Not for Profit | 24 | | Corporation Act, as now or
hereafter amended, for a permit for | 25 | | construction, development, major
alteration, or
installation |
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| 1 | | of each swimming facility shall be in accordance with Sections | 2 | | 8.1, 8.2, and 8.3 of this Act and is $50, which shall accompany | 3 | | such
application. | 4 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 5 | | (210 ILCS 125/5.1 new) | 6 | | Sec. 5.1. Plan certification. Permit applications for plan | 7 | | certification shall be made by a certified swimming facility | 8 | | designer on forms provided by the Department. Such applications | 9 | | shall bear the signature and Department-issued certification | 10 | | number of the certified swimming facility designer responsible | 11 | | for the application, affirming that the application meets the | 12 | | requirements of the rules, standards, and applicable codes. | 13 | | Applications submitted prior to the effective date of this | 14 | | amendatory Act of the 97th General Assembly, but not permitted | 15 | | within 12 months after the effective date of this amendatory | 16 | | Act of the 97th General Assembly shall require the affirmation | 17 | | of a certified swimming facility designer. The requirements for | 18 | | permit and plan resubmittal by a certified swimming facility | 19 | | designer shall take effect upon adoption of rules for the | 20 | | certification of certified swimming facility designers by the | 21 | | Department. | 22 | | (210 ILCS 125/5.2 new) | 23 | | Sec. 5.2. Plan resubmittal. Those permit applications | 24 | | failing to qualify for a permit for construction or major |
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| 1 | | alteration after review by the Department shall be | 2 | | supplemented, within 30 days, by a plan resubmittal or the | 3 | | application for permit shall be deemed null and void. Such | 4 | | resubmittals shall include, but not be limited to, revised | 5 | | plans, specifications, and other required documentation | 6 | | sufficient to correct deficiencies in the application and | 7 | | demonstrate compliance with the rules. All plan resubmittals | 8 | | shall be submitted to the Department by a certified swimming | 9 | | facility designer and shall be accompanied by a fee in | 10 | | accordance with Sections 8.1, 8.2, and 8.3 of this Act. Only | 11 | | one plan resubmittal may be submitted in a 60-day period. | 12 | | (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206) | 13 | | Sec. 6. License renewal. Applications and fees for renewal | 14 | | of
the license shall be made in writing by the holder of the | 15 | | license, on forms
furnished by the Department and, except in | 16 | | the case of an application by an
organization incorporated | 17 | | under the General Not for Profit Corporation Act,
as now or | 18 | | hereafter amended, shall be accompanied by a license | 19 | | application
fee in accordance with Sections 8.1, 8.2, and 8.3 | 20 | | of this Act of $50 , which shall not be refundable, and shall | 21 | | contain any change in
the information submitted since the | 22 | | original license was issued or the
latest renewal granted. In | 23 | | addition to any other fees required under this
Act, a late fee | 24 | | in accordance with Sections 8.1, 8.2, and 8.3 of this Act of | 25 | | $20 shall be charged when any renewal application is
received |
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| 1 | | by the Department after the license has expired; however, | 2 | | educational
institutions and units of State or local government | 3 | | shall not be required
to pay late fees. If, after inspection, | 4 | | the Department is satisfied
that the swimming facility is in | 5 | | substantial compliance
with the
provisions of this Act and the | 6 | | rules and regulations issued thereunder, the
Department shall | 7 | | issue the renewal license. | 8 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 9 | | (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208) | 10 | | Sec. 8. Payment of fees; display of licenses. All fees and | 11 | | penalties generated under
the authority of this Act shall be | 12 | | deposited into
the Facility Licensing Fund and, subject to | 13 | | appropriation, shall be used by the
Department in the | 14 | | administration of this Act. All fees and penalties shall be | 15 | | submitted in
the form of a check , or money order, or by other | 16 | | means authorized by the Department. All
licenses provided for | 17 | | in this Act shall be displayed in a
conspicuous place for | 18 | | public view, within or on such premises. In case of
revocation | 19 | | or suspension, the licensee owner or operator or both shall | 20 | | cause the
license to be removed and to post the notice of | 21 | | revocation or suspension
issued by the Department. Fees for | 22 | | permit for construction or major alteration, license renewal, | 23 | | and plan resubmittal shall be determined by the total water | 24 | | surface area of the swimming facility, except that special | 25 | | features and bathing beaches shall be charged a fixed fee |
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| 1 | | regardless of water surface area. License renewal fees shall be | 2 | | determined by the total water surface area of the swimming | 3 | | facility, except that special features and bathing beaches | 4 | | shall be charged a fixed fee regardless of water surface area. | 5 | | Late renewal, lapsed, initial inspection, and subsequent | 6 | | inspection fees are fixed fees regardless of water surface | 7 | | area. | 8 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 9 | | (210 ILCS 125/8.1 new) | 10 | | Sec. 8.1. Fee schedule for all licensees; except those | 11 | | specifically identified in Sections 8.2, 8.3, and 8.4. | 12 | | (a) The fees for all licensees, except those specifically | 13 | | identified in Sections 8.2, 8.3, and 8.4, based on total water | 14 | | surface are as follows: | |
15 | | Total Water | Construction | Major | Plan | |
16 | | Surface | Permit | Alteration | Resubmittal | |
17 | | area | Fee | Fee | Fee | |
18 | | 0-500 sq ft | $625 | $310 | $200 | |
19 | | 501-1,000 | | | | |
20 | | sq ft | $1250 | $625 | $200 | |
21 | | 1,001-2,000 | | | | |
22 | | sq ft | $1500 | $750 | $200 | |
23 | | 2,001 sq | | | | |
24 | | ft and up | $1950 | $975 | $200 |
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| 1 | | The fixed fees for all licensees, except those specifically | 2 | | identified in Sections 8.2, 8.3, and 8.4, are as follow: | |
3 | | | Construction | Major | Plan | |
4 | | | Permit | Alteration | Resubmittal | |
5 | | | Fee | Fee | Fee | |
6 | | Special | | | | |
7 | | feature | $625 | $310 | $200 | |
8 | | Bathing beach | $625 | $310 | $200 |
| 9 | | (b) The license renewal fees for all licensees, except | 10 | | those specifically identified in Sections 8.2, 8.3, and 8.4, | 11 | | based on total water surface area are as follows: | |
12 | | | License Renewal Fee | |
13 | | 0-500 sq ft | $150 | |
14 | | 501-1,000 sq ft | $225 | |
15 | | 1,001-2,000 sq ft | $300 | |
16 | | 2,001 sq ft and up | $500 |
| 17 | | The fixed fees for all licensees, except those specifically | 18 | | identified in Sections 8.2, 8.3, and 8.4 for license renewal | 19 | | are as follows: | |
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| 1 | | Bathing beach | $150 | |
2 | | Late renewal fee | $100 | |
3 | | Lapsed fee | $150 |
| 4 | | (c) The inspection fees for all licensees, except those | 5 | | specifically identified in Sections 8.2, 8.3, and 8.4, are as | 6 | | follows: | |
7 | | Inspections | Fee | |
8 | | Initial inspection fee | | |
9 | | (per facility) | $150 | |
10 | | Subsequent inspection | | |
11 | | (per facility) | $75 |
| 12 | | (210 ILCS 125/8.2 new) | 13 | | Sec. 8.2. Fee schedule for organizations recognized by the | 14 | | United States Internal Revenue Service as exempt under Title 26 | 15 | | of the U.S. Code, Section 501(c)(3), including religious | 16 | | organizations. | 17 | | (a) The fees for organizations recognized by the United | 18 | | States Internal Revenue Service as exempt under Title 26 of the | 19 | | U.S. Code, Section 501(c)(3), including religious | 20 | | organizations, are as follows: | |
21 | | | 22 | | | Construction Permit | Major Alteration | Plan Resubmittal | |
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| 1 | | | Fee | Fee | Fee | |
2 | | Swimming pool | $0 | $0 | $200 | |
3 | | Special | | | | |
4 | | features | $600 | $300 | $200 | |
5 | | Bathing beach | $150 | $50 | $200 |
| 6 | | The fixed fees for organizations recognized by the United | 7 | | States Internal Revenue Service as exempt under Title 26 of the | 8 | | U.S. Code, Section 501(c)(3), including religious | 9 | | organizations, for license renewal are as follows: | |
10 | | | License Renewal Fee | |
11 | | Swimming pool | $0 | |
12 | | Special features | $75 | |
13 | | Bathing beach | $75 | |
14 | | Late renewal fee | $50 | |
15 | | Lapsed fee | $75 |
| 16 | | (a-5) The fees for special features under this Section | 17 | | shall cover all special features at a particular facility, and | 18 | | a special feature fee shall not be required for each and every | 19 | | special feature. | 20 | | (b) The inspection fees for organizations recognized by the | 21 | | United States Internal Revenue Service as exempt under Title 26 | 22 | | of the U.S. Code, Section 501(c)(3), including religious | 23 | | organizations are as follows: | |
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| 1 | | Inspections | Fee | |
2 | | Initial inspection | | |
3 | | fee (per facility) | $0 | |
4 | | Subsequent inspection | | |
5 | | (per facility) | $100 |
| 6 | | (210 ILCS 125/8.3 new) | 7 | | Sec. 8.3. Fee schedule for units of State and local | 8 | | government and K-12 public schools. | 9 | | (a) The fees for units of State and local government and | 10 | | K-12 public schools are as follows: | |
11 | | | 12 | | | Construction Permit | Major Alteration | Plan Resubmittal | |
13 | | | Fee | Fee | Fee | |
14 | | Swimming pool | $0 | $0 | $200 | |
15 | | Special | | | | |
16 | | features | $600 | $300 | $200 | |
17 | | Bathing beach | $0 | $0 | $200 |
| 18 | | The fixed fees for units of State and local government and | 19 | | K-12 public schools for license renewal are as follows: | |
20 | | | License Renewal Fee | |
21 | | Swimming pool | $0 | |
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| 1 | | Special features | $0 | |
2 | | Bathing beach | $0 | |
3 | | Late renewal fee | $0 | |
4 | | Lapsed fee | $0 |
| 5 | | (a-5) The fees for special features under this Section | 6 | | shall cover all special features at a particular facility, and | 7 | | a special feature fee shall not be required for each and every | 8 | | special feature. | 9 | | (b) The inspection fees for units of State and local | 10 | | government and K-12 public schools are as follows: | |
11 | | Inspections | Fee | |
12 | | Initial inspection | | |
13 | | fee (per facility) | $0 | |
14 | | Subsequent inspection | | |
15 | | (per facility) | $100 |
| 16 | | (210 ILCS 125/8.4 new) | 17 | | Sec. 8.4. Fee schedule for licensed swimming facility | 18 | | contractors and certified swimming facility designers. | 19 | | (a) The fee schedule for licensed swimming facility | 20 | | contractors is as follows: | |
21 | | Licensed Swimming Facility Contractor | |
22 | | Initial application review | $500 | |
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| 1 | | Annual renewal | $500 | |
2 | | Late renewal | $600 |
| 3 | | (b) The fee schedule for certified swimming facility | 4 | | designers is as follows: | |
5 | | Certified Swimming Facility Designer | |
6 | | Initial application review | $500 | |
7 | | Annual renewal | $500 | |
8 | | Late renewal | $600 |
| 9 | | (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213) | 10 | | Sec. 13. Rules. The Department shall promulgate, publish, | 11 | | adopt and
amend such
rules as may be necessary for the proper | 12 | | enforcement of
this Act, to protect the health and safety of | 13 | | the public using such swimming facilities pools
and beaches, | 14 | | spas, and other appurtenances, and may, when necessary,
utilize | 15 | | the services of any other
state agencies to assist in carrying | 16 | | out the purposes of this Act. These rules
shall include but are | 17 | | not limited to design criteria for swimming
facility areas and | 18 | | bather preparation facilities, standards relating to
| 19 | | sanitation, cleanliness, plumbing, water supply, sewage and | 20 | | solid waste
disposal, design and construction of all equipment, | 21 | | buildings, rodent and
insect control, communicable disease | 22 | | control, safety and sanitation of
appurtenant swimming | 23 | | facilities. The rules must
include provisions for the |
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| 1 | | prevention of bather entrapment or entanglement at
new and | 2 | | existing swimming facilities.
Bather preparation
facilities
| 3 | | consisting of dressing room space, toilets and showers shall be | 4 | | available
for use of patrons of swimming facilities, except as
| 5 | | provided by
Department rules. | 6 | | (Source: P.A. 96-1081, eff. 7-16-10.) | 7 | | (210 ILCS 125/15.1) | 8 | | Sec. 15.1. Violations at facilities. | 9 | | (a) If the Department finds violations at swimming | 10 | | facilities requiring licensure under this Act, the Department | 11 | | shall issue a written report or notice of the violations. In | 12 | | accordance with subsections (b), (c), and (d), each violation | 13 | | shall be categorized as either Type "A", Type "B", or Type "C". | 14 | | (b) Type "A" Violation. The situation, condition, or | 15 | | practice constituting a Type "A" violation shall be abated or | 16 | | eliminated immediately . Type "A" violations not corrected | 17 | | during an inspection or other timeframe provided by the | 18 | | Department, not to exceed 48 hours, shall become Type "B" | 19 | | violations , unless a fixed period of time, not exceeding 10 | 20 | | days, as determined by the Department and specified in the | 21 | | notice of violation or inspection report, is required for | 22 | | correction . Type "A" violations shall include, but not be | 23 | | limited to: | 24 | | (1) Inoperable gauges or flowmeters. | 25 | | (2) The failure to provide a lifeguard or a warning |
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| 1 | | sign as required by the rules. | 2 | | (3) The failure to maintain required water quality | 3 | | within 20% of standards found in Section 820.320 of Title | 4 | | 77 of the Illinois Administrative Code. | 5 | | (4) The failure to properly secure the pool area or the | 6 | | equipment or storage area. | 7 | | (5) The failure to conduct required water quality and | 8 | | equipment testing and record results in daily operational | 9 | | reports. | 10 | | (6) The failure to obey the assigned Bather Load. | 11 | | (7) The failure to properly display a | 12 | | Department-issued license. | 13 | | (8) The failure to post Patron Regulations and Bather | 14 | | Load signs. | 15 | | (1) Inoperable gauges or flowmeters. | 16 | | (2) The failure to maintain appropriate water quality | 17 | | within 20% of standard. | 18 | | (3) The failure to maintain or provide operation | 19 | | reports. | 20 | | (4) The failure to provide and maintain necessary | 21 | | safety equipment prescribed by rule. | 22 | | (5) The failure to maintain cleanliness of the facility | 23 | | (cracks, leaks, lint, dirt, and sediment). | 24 | | (6) The improper use of starting platforms. | 25 | | (7) The failure to maintain equipment in proper work | 26 | | order (including, but not limited to, skimmers, pumps, and |
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| 1 | | chlorinators), such that the public is not endangered. | 2 | | (8) The failure to post Patron Regulations and Bather | 3 | | Load signs. | 4 | | (c) Type "B" Violation. The situation, condition, or | 5 | | practice constituting a Type "B" violation shall be abated or | 6 | | eliminated immediately, unless a fixed period of time, not | 7 | | exceeding 10 days, as determined by the Department and | 8 | | specified in the notice of violation or inspection report is | 9 | | required for correction. At the time of issuance of a notice of | 10 | | a Type "B" violation, the Department shall request a plan of | 11 | | correction that is subject to the Department's approval. The | 12 | | facility shall have 10 days after receipt of a notice of | 13 | | violation in which to prepare and submit a plan of correction. | 14 | | The Department may extend this period up to 30 days where | 15 | | correction involves substantial capital improvement. The plan | 16 | | shall include a fixed time period, not to exceed 90 days, | 17 | | within which violations are to be corrected. If the Department | 18 | | rejects a plan of correction, it shall send notice of the | 19 | | rejection and the reason for the rejection to the facility. The | 20 | | facility shall have 10 days after receipt of the notice of | 21 | | rejection in which to submit a modified plan. If the modified | 22 | | plan is not timely submitted, or if the modified plan is | 23 | | rejected, the facility shall follow an approved plan of | 24 | | correction imposed by the Department. Type "B" violations shall | 25 | | include, but not be limited to: | 26 | | (1) The continued failure to conduct required water |
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| 1 | | quality and equipment testing and record results in daily | 2 | | operational reports. | 3 | | (2) The failure to maintain cleanliness of the | 4 | | facility, including, but not limited to, cracks, leaks, | 5 | | lint, dirt, and sediment. | 6 | | (3) The improper use of starting platforms. | 7 | | (4) 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 | | (5) The failure to maintain water quality in accordance | 11 | | with Section 820.320 of Title 77 of the Illinois | 12 | | Administrative Code, and in excess of that allowed for in a | 13 | | Type "A" violation. | 14 | | (6) Ongoing repeat Type "A" violations not corrected in | 15 | | accordance with a notice or inspection report. | 16 | | (7) The failure to submit a Drowning and Injury Report | 17 | | within 24 hours. | 18 | | (1) Ongoing repeat Type "A" violations not corrected in | 19 | | accordance with a notice or inspection report. | 20 | | (2) The failure to submit a Drowning and Injury Report | 21 | | within 24 hours. | 22 | | (3) The failure to provide a lifeguard or a warning | 23 | | sign as required by the rules. | 24 | | (4) The failure to maintain water quality in accordance | 25 | | with Section 820.320 of Title 77 of the Illinois | 26 | | Administrative Code, and in excess of that allowed for in a |
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| 1 | | Type "A" violation. | 2 | | (5) The failure to properly secure the pool area or the | 3 | | equipment/storage area. | 4 | | (6) The failure to maintain any operational reports. | 5 | | (7) The failure to obey assigned bather load. | 6 | | (8) The failure to properly display a | 7 | | Department-issued license. | 8 | | (d) Type "C" Violation. Type "C" violations include those | 9 | | violations that may lead to serious injury or death of patrons, | 10 | | employees, or the general public. Upon finding a Type "C" | 11 | | violation at a facility, the Department shall immediately take | 12 | | such actions as necessary to protect public health, including , | 13 | | but not limited to, ordering the immediate closure of the | 14 | | facility, ordering the abatement of conditions deemed | 15 | | dangerous by the Department, or ordering the cessation of any | 16 | | practice deemed dangerous or improper by the Department. Type | 17 | | "C" violations shall include, but not be limited to: | 18 | | (1) The failure to obtain a license prior to operating. | 19 | | (2) The failure to construct the swimming facility pool | 20 | | in accordance with the Department-issued permit to | 21 | | construct. | 22 | | (3) The failure to secure a permit to alter the | 23 | | swimming facility pool . | 24 | | (4) The failure to close the swimming facility pool in | 25 | | accordance with the rules. | 26 | | (5) The failure to obey any lawful order of the |
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| 1 | | Department. | 2 | | (6) The failure to provide access to the swimming | 3 | | facility by the Department or any duly appointed agent | 4 | | thereof. | 5 | | (7) The failure to post and maintain a | 6 | | Department-issued closure order. | 7 | | (8) Operating the swimming facility in a manner that | 8 | | results in imminent danger to the public. | 9 | | (9) Submitting fraudulent documentation to the | 10 | | Department or a duly appointed agent thereof. | 11 | | (e) In determining whether a penalty is to be imposed and | 12 | | in fixing the amount of the penalty to be imposed, if any, for | 13 | | a violation, the Director shall consider the following factors: | 14 | | (1) The gravity of the violation, including the | 15 | | probability that death or serious physical harm to the | 16 | | public will result or has resulted; the severity of the | 17 | | actual or potential harm; and the extent to which the | 18 | | provisions of the applicable statutes or regulations were | 19 | | violated. | 20 | | (2) The reasonable diligence exercised by the licensee | 21 | | and efforts to correct violations. | 22 | | (3) Any previous violations committed by the licensee. | 23 | | (4) The financial benefit to the facility for | 24 | | committing or continuing the violation. | 25 | | Type "A" violations shall carry no penalty provided they | 26 | | are corrected within the terms set forth by this Act and in |
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| 1 | | accordance with the rules established under this Act. Type "B" | 2 | | violations may be assessed a penalty of $25 per day for each | 3 | | day the violation exists. Type "C" violations may be assessed a | 4 | | penalty of $100 per day for each day the violation exists, in | 5 | | addition to any other penalties provided for by law.
| 6 | | (e) Plan of Correction. At the time of issuance of a notice | 7 | | of any violation, the Department may request a plan of | 8 | | correction that is subject to the Department's approval. The | 9 | | facility shall have 10 days after receipt of a notice of | 10 | | violation in which to prepare and submit a plan of correction. | 11 | | The Department may extend this period up to 30 days where | 12 | | correction involves substantial capital improvement. The plan | 13 | | shall include a fixed time period, not to exceed 90 days, | 14 | | within which violations are to be corrected. If the Department | 15 | | rejects a plan of correction, then it shall send notice of the | 16 | | rejection and the reason for the rejection to the facility. The | 17 | | facility shall have 10 days after receipt of the notice of | 18 | | rejection in which to submit a modified plan. If the modified | 19 | | plan is not timely submitted or if the modified plan is | 20 | | rejected, then the facility shall follow an approved plan of | 21 | | correction imposed by the Department. | 22 | | (Source: P.A. 96-1081, eff. 7-16-10.)
| 23 | | (210 ILCS 125/20) (from Ch. 111 1/2, par. 1220)
| 24 | | Sec. 20.
The Department is not required to certify any | 25 | | record or file any
answer or otherwise appear in any proceeding |
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| 1 | | for judicial
review unless there is filed in the court with the | 2 | | complaint a receipt from the Department acknowledging payment | 3 | | of the costs of furnishing and certifying the record, which | 4 | | costs shall be computed at the rate of $1 per page of such | 5 | | record the party filing the complaint deposits with the clerk | 6 | | of
the court the sum of $1 per page representing costs of such | 7 | | certification .
Failure on the part of the plaintiff to make | 8 | | such deposit shall be grounds
for dismissal of the action. The | 9 | | Department may charge $0.15 per each 8.5 by 11 inch page, | 10 | | whether paper or electronic, for copies of records held by the | 11 | | Department pursuant to this Act. For documents larger than 8.5 | 12 | | by 11 inches, actual copying charges plus $0.25 per page shall | 13 | | apply.
| 14 | | (Source: P.A. 82-1057.)
| 15 | | (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221) | 16 | | Sec. 21. Closure of facility. Whenever the Department finds | 17 | | any violation of this Act or the rules promulgated under this | 18 | | Act, if the violation presents an emergency or risk to public | 19 | | health, the Department shall, without prior notice or hearing, | 20 | | issue a written notice, immediately order the owner, operator, | 21 | | or
licensee to close the swimming facility and to prohibit
any | 22 | | person from using
such facilities. Notwithstanding any other | 23 | | provisions in this Act, such order shall be effective | 24 | | immediately. | 25 | | The notice shall state the reasons prompting the closing of |
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| 1 | | the
facilities and a copy of the notice must be posted | 2 | | conspicuously at the
pool or beach by the owner, operator or | 3 | | licensee. | 4 | | The Attorney General, State's Attorney , and Sheriff of the | 5 | | county in which the swimming
facility is located shall enforce | 6 | | the closing order after receiving
notice thereof. | 7 | | Any owner, operator or licensee affected by such an order | 8 | | is entitled,
upon written request to the Department, to a | 9 | | hearing as provided in this
Act. | 10 | | When such violations are abated in the
opinion of the | 11 | | Department,
the Department may authorize reopening the | 12 | | swimming facility. | 13 | | (Source: P.A. 96-1081, eff. 7-16-10.)
| 14 | | (210 ILCS 125/22) (from Ch. 111 1/2, par. 1222)
| 15 | | Sec. 22. Criminal enforcement. Any person who violates this | 16 | | Act or any rule or regulation adopted by
the Department, or who | 17 | | violates any determination or order of the
Department under | 18 | | this Act shall be guilty of a Class A misdemeanor punishable by | 19 | | a fine of $1,000 for each day the violation exists in addition | 20 | | to civil penalties or up to 6 months imprisonment or both a | 21 | | fine and imprisonment .
| 22 | | Each day's violation constitutes a separate offense. The | 23 | | State's
Attorney of the county in which the violation occurred, | 24 | | or the Attorney
General shall bring such actions in the name of | 25 | | the people of the State of
Illinois , or may in addition to |
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| 1 | | other remedies provided in this Act, bring
action for an | 2 | | injunction to restrain such violation, or to enjoin the
| 3 | | operation of any such establishment .
| 4 | | (Source: P.A. 78-1149.)
| 5 | | (210 ILCS 125/22.2 new) | 6 | | Sec. 22.2. Civil enforcement. The Department is empowered | 7 | | to impose administrative civil penalties for violations by any | 8 | | certified swimming facility designer, licensed swimming | 9 | | facility contractor, licensee, or any other person of this Act | 10 | | and the rules promulgated thereunder, pursuant to rules for | 11 | | such penalties established by the Department. The State's | 12 | | Attorney of the county in which the violation occurred, or the | 13 | | Attorney General shall bring such actions in the name of the | 14 | | people of the State of Illinois, and may, in addition to other | 15 | | remedies provided in this Act, bring action for an injunction | 16 | | to restrain such violation, impose civil penalties (where no | 17 | | penalty has been imposed by the Department), and enjoin the | 18 | | operation of any such person or establishment. | 19 | | (210 ILCS 125/30 new) | 20 | | Sec. 30. Certified swimming facility designer program. The | 21 | | Department shall maintain a training and certification program | 22 | | for a certified swimming facility designer who is capable of | 23 | | complying with all applicable federal and State standards for | 24 | | swimming facility design and construction. Individuals seeking |
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| 1 | | certification shall apply as determined by rules promulgated by | 2 | | the Department. Applications shall accompany a certification | 3 | | fee in accordance with Section 8.4 of this Act, that shall not | 4 | | be refundable. All certification fees shall be deposited into | 5 | | the Facility Licensing Fund and shall be used by the Department | 6 | | in the administration of this Act. Certification shall be | 7 | | pursuant to successful completion of an examination as | 8 | | determined by rules adopted by the Department. Certification | 9 | | shall be renewed annually by application and submittal of a | 10 | | renewal fee in accordance with Section 8.4 of this Act. All | 11 | | renewal applicants shall successfully complete 8 hours of | 12 | | continuing education annually in aquatic design. The | 13 | | Department shall provide 8 hours of training, biannually, that | 14 | | shall qualify as aquatic design training. | 15 | | Applicants shall minimally be licensed, in this State, as a | 16 | | Professional Engineer or Architect, in accordance with the | 17 | | Professional Engineering Practice Act of 1989 and the Illinois | 18 | | Architecture Practice Act of 1989, respectively. | 19 | | (210 ILCS 125/31 new) | 20 | | Sec. 31. Licensed swimming facility contractor. Any person | 21 | | seeking to perform construction, installation, modification, | 22 | | or repair of a swimming facility must be licensed by the | 23 | | Department. A licensed swimming facility contractor must be | 24 | | registered and in good standing with the Secretary of State and | 25 | | possess commercial pool construction experience as determined |
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| 1 | | by the Department. Persons seeking to be licensed shall apply | 2 | | pursuant to rules adopted by the Department and pay a license | 3 | | fee in accordance with Section 8.4 of this Act, that shall not | 4 | | be refundable. All licensing fees shall be deposited into the | 5 | | Facility Licensing Fund and shall be used by the Department in | 6 | | the administration of this Act. Licenses shall be renewed | 7 | | annually by submitting a renewal application and a renewal fee, | 8 | | in accordance with Section 8.4 of this Act, to the Department. | 9 | | (210 ILCS 125/35 new) | 10 | | Sec. 35. Certification. No person may act as a certified | 11 | | swimming facility designer unless the person is certified as a | 12 | | certified swimming facility designer by the Department. ".
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