SB1999sam001 97TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/11/2011

09700SB1999sam001 LRB097 10256 RPM 54337 a

AMENDMENT TO SENATE BILL 1999

AMENDMENT NO. ______. Amend Senate Bill 1999 by replacing everything after the enacting clause with the following:

"Section 5. The Swimming Facility Act is amended by changing Sections 2, 3, 3.01, 3.02, 3.05, 3.10, 3.12, 4, 5, 6, 8, 13, 15, 15.1, 20, 21, and 22 and by adding Sections 3.14, 3.15, 3.16, 3.17, 3.18, 5.1, 5.2, 8.1, 8.2, 8.3, 8.4, 22.2, 30, 31, and 35 as follows:

(210 ILCS 125/2) (from Ch. 111 1/2, par. 1202)

Sec. 2. Legislative purpose. It is found that there exists, and may in the future exist, within the State of Illinois public swimming facilities, including swimming pools, spas, water slides, public bathing beaches, and other swimming facilities which are substandard in one or more important features of safety, cleanliness or sanitation. Such conditions adversely affect the public health, safety and general welfare of persons.

Therefore, the purpose of this Act is to protect, promote and preserve the public health, safety and general welfare by providing for the establishment and enforcement of minimum standards for safety, cleanliness and general sanitation for all swimming facilities, including swimming pools, spas, water slides, public bathing beaches, and other aquatic features now in existence or hereafter constructed, developed, or altered and to provide for inspection and licensing of all such facilities.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/3) (from Ch. 111 1/2, par. 1203)

Sec. 3. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in Sections 3.01 through 3.18 3.13 have the meanings ascribed to them in those Sections.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)

Sec. 3.01. Swimming pool. "Swimming Pool" means any artificial basin of water which is modified, improved, constructed or installed for the purpose of public swimming, wading, floating, or diving, and includes: pools for community use, pools at apartments, condominiums, and other groups or associations having 5 or more living units, clubs, churches, camps, schools, institutions, Y.M.C.A.'s, Y.W.C.A.'s, parks, recreational areas, motels, hotels, health clubs, golf and country clubs, and other commercial establishments. It does not include pools at private single-family residences intended only for the use of the owner and guests.

(Source: P.A. 92-18, eff. 6-28-01.)

(210 ILCS 125/3.02) (from Ch. 111 1/2, par. 1203.02)

Sec. 3.02. "Public Bathing Beach" means any body of water, except as defined in Section 3.01, or that portion thereof used for the purpose of public swimming or recreational bathing, and includes beaches at: apartments, condominiums, subdivisions, and other groups or associations having 5 or more living units, clubs, churches, camps, schools, institutions, parks, recreational areas, motels, hotels and other commercial establishments. It includes shores, equipments, buildings and appurtenances pertaining to such areas. It does not include bathing beaches at private residences intended only for the use of the owner and guests.

(Source: P.A. 78-1149.)

(210 ILCS 125/3.05) (from Ch. 111 1/2, par. 1203.05)

Sec. 3.05. "Person" means any individual, group of individuals, association, trust, partnership, limited liability company, corporation, person doing business under an assumed name, county, municipality, the State of Illinois, or any political subdivision or department thereof, or any other entity.

(Source: P.A. 78-1149.)

(210 ILCS 125/3.10)

Sec. 3.10. Spa. "Spa" means a basin of water designed for recreational or therapeutic use that is not drained, cleaned, or refilled for each user. It may include hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or some combination thereof. It includes "therapeutic pools", "hydrotherapy pools", "whirlpools", "cold spas", "hot spas", and "hot tubs". It does not include these facilities at individual single-family residences intended for use by the occupant and his or her guests.

(Source: P.A. 92-18, eff. 6-28-01.)

(210 ILCS 125/3.12)

Sec. 3.12. Swimming facility. "Swimming Facility" means a swimming pool, spa, public bathing beach, water slide, lazy river, spray pool, or other aquatic feature and appurtenances that exists for the purpose of providing recreation or therapeutic services to the public. It does not include isolation or flotation tanks.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/3.14 new)

Sec. 3.14. Certified swimming facility designer. "Certified swimming facility designer" means an individual who is certified by the Department and is responsible for coordinating the design, planning, and creation of specifications for swimming facilities and for applying for a permit for construction or major alteration.

(210 ILCS 125/3.15 new)

Sec. 3.15. Licensed swimming facility contractor. "Licensed swimming facility contractor" means an individual who is licensed by the Department to perform construction, installation, modification, or repair of a swimming facility.

(210 ILCS 125/3.16 new)

Sec. 3.16. Special feature. "Special feature" means any swimming facility other than a swimming pool, spa, or bathing beach, including, but not limited to, a lazy river, water slide, or spray pool.

(210 ILCS 125/3.17 new)

Sec. 3.17. Lapsed fee. "Lapsed fee" means the amount charged to a licensee for failing to renew a swimming facility license within one year after the expiration of the license. This fee is in addition to any other fees associated with the renewal of a swimming facility license.

(210 ILCS 125/3.18 new)

Sec. 3.18. Living unit. "Living unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multi-unit residential structure or a campground lot.

(210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)

Sec. 4. License to operate. After May 1, 2002, it shall be unlawful for any person to open, establish, maintain or operate a swimming facility within this State without first obtaining a license therefor from the Department. Applications for original licenses shall be made on forms furnished by the Department. Each application to the Department shall be signed by the applicant and accompanied by an affidavit of the applicant as to the truth of the application and, except in the case of an application by an organization incorporated under the General Not for Profit Corporation Act, as amended, by the payment of a license application fee of $50. License fees are not refundable. Each application shall contain: the name and address of the applicant, or names and addresses of the partners if the applicant is a partnership, or the name and addresses of the officers if the applicant is a corporation or the names and addresses of all persons having an interest therein if the applicant is a group of individuals, association, or trust; and the location of the swimming facility. A license shall be valid only in the possession of the person to whom it is issued and shall not be the subject of sale, assignment, or other transfer, voluntary, or involuntary, nor shall the license be valid for any premises other than those for which originally issued. Upon receipt of an application for an original license the Department shall inspect such swimming facility to insure compliance with this Act.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)

Sec. 5. Permit for construction or major alteration. No swimming facility shall be constructed, developed, installed, or altered in a major manner until plans, specifications, and other information relative to such swimming facility and appurtenant facilities as may be requested by the Department are submitted to and reviewed by the Department and found to comply with minimum sanitary and safety requirements and design criteria, and until a permit for the construction or development is issued by the Department. Permits are valid for a period of one year from date of issue. They may be reissued upon application to the Department and payment of the permit fee as provided in this Act.

The fee to be paid by an applicant, other than an organization incorporated under the General Not for Profit Corporation Act, as now or hereafter amended, for a permit for construction, development, major alteration, or installation of each swimming facility shall be in accordance with Sections 8.1, 8.2, and 8.3 of this Act and is $50, which shall accompany such application.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/5.1 new)

Sec. 5.1. Plan certification. Permit applications for plan certification shall be made by a certified swimming facility designer on forms provided by the Department. Such applications shall bear the signature and Department-issued certification number of the certified swimming facility designer responsible for the application, affirming that the application meets the requirements of the rules, standards, and applicable codes. Applications submitted prior to the effective date of this amendatory Act of the 97th General Assembly, but not permitted within 12 months after the effective date of this amendatory Act of the 97th General Assembly shall require the affirmation of a certified swimming facility designer. The requirements for permit and plan resubmittal by a certified swimming facility designer shall take effect upon adoption of rules for the certification of certified swimming facility designers by the Department.

(210 ILCS 125/5.2 new)

Sec. 5.2. Plan resubmittal. Those permit applications failing to qualify for a permit for construction or major alteration after review by the Department shall be supplemented, within 30 days, by a plan resubmittal or the application for permit shall be deemed null and void. Such resubmittals shall include, but not be limited to, revised plans, specifications, and other required documentation sufficient to correct deficiencies in the application and demonstrate compliance with the rules. All plan resubmittals shall be submitted to the Department by a certified swimming facility designer and shall be accompanied by a fee in accordance with Sections 8.1, 8.2, and 8.3 of this Act. Only one plan resubmittal may be submitted in a 60-day period.

(210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)

Sec. 6. License renewal. Applications and fees for renewal of the license shall be made in writing by the holder of the license, on forms furnished by the Department and, except in the case of an application by an organization incorporated under the General Not for Profit Corporation Act, as now or hereafter amended, shall be accompanied by a license application fee in accordance with Sections 8.1, 8.2, and 8.3 of this Act of $50, which shall not be refundable, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. In addition to any other fees required under this Act, a late fee in accordance with Sections 8.1, 8.2, and 8.3 of this Act of $20 shall be charged when any renewal application is received by the Department after the license has expired; however, educational institutions and units of State or local government shall not be required to pay late fees. If, after inspection, the Department is satisfied that the swimming facility is in substantial compliance with the provisions of this Act and the rules and regulations issued thereunder, the Department shall issue the renewal license.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)

Sec. 8. Payment of fees; display of licenses. All fees and penalties generated under the authority of this Act shall be deposited into the Facility Licensing Fund and, subject to appropriation, shall be used by the Department in the administration of this Act. All fees and penalties shall be submitted in the form of a check, or money order, or by other means authorized by the Department. All licenses provided for in this Act shall be displayed in a conspicuous place for public view, within or on such premises. In case of revocation or suspension, the licensee owner or operator or both shall cause the license to be removed and to post the notice of revocation or suspension issued by the Department. Fees for permit for construction or major alteration, license renewal, and plan resubmittal shall be determined by the total water surface area of the swimming facility, except that special features and bathing beaches shall be charged a fixed fee regardless of water surface area. License renewal fees shall be determined by the total water surface area of the swimming facility, except that special features and bathing beaches shall be charged a fixed fee regardless of water surface area.

Late renewal, lapsed, initial inspection, and subsequent inspection fees are fixed fees regardless of water surface area.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/8.1 new)

Sec. 8.1. Fee schedule for all licensees; except those specifically identified in Sections 8.2, 8.3, and 8.4.

(a) The fees for all licensees, except those specifically identified in Sections 8.2, 8.3, and 8.4, based on total water surface are as follows:

The fixed fees for all licensees, except those specifically identified in Sections 8.2, 8.3, and 8.4, are as follow:

(b) The license renewal fees for all licensees, except those specifically identified in Sections 8.2, 8.3, and 8.4, based on total water surface area are as follows:

The fixed fees for all licensees, except those specifically identified in Sections 8.2, 8.3, and 8.4 for license renewal are as follows:

(c) The inspection fees for all licensees, except those specifically identified in Sections 8.2, 8.3, and 8.4, are as follows:

(210 ILCS 125/8.2 new)

Sec. 8.2. Fee schedule for organizations recognized by the United States Internal Revenue Service as exempt under Title 26 of the U.S. Code, Section 501(c)(3), including religious organizations.

(a) The fees for organizations recognized by the United States Internal Revenue Service as exempt under Title 26 of the U.S. Code, Section 501(c)(3), including religious organizations, are as follows:

The fixed fees for organizations recognized by the United States Internal Revenue Service as exempt under Title 26 of the U.S. Code, Section 501(c)(3), including religious organizations, for license renewal are as follows:

(a-5) The fees for special features under this Section shall cover all special features at a particular facility, and a special feature fee shall not be required for each and every special feature.

(b) The inspection fees for organizations recognized by the United States Internal Revenue Service as exempt under Title 26 of the U.S. Code, Section 501(c)(3), including religious organizations are as follows:

(210 ILCS 125/8.3 new)

Sec. 8.3. Fee schedule for units of State and local government and K-12 public schools.

(a) The fees for units of State and local government and K-12 public schools are as follows:

The fixed fees for units of State and local government and K-12 public schools for license renewal are as follows:

(a-5) The fees for special features under this Section shall cover all special features at a particular facility, and a special feature fee shall not be required for each and every special feature.

(b) The inspection fees for units of State and local government and K-12 public schools are as follows:

(210 ILCS 125/8.4 new)

Sec. 8.4. Fee schedule for licensed swimming facility contractors and certified swimming facility designers.

(a) The fee schedule for licensed swimming facility contractors is as follows:

(b) The fee schedule for certified swimming facility designers is as follows:

(210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)

Sec. 13. Rules. The Department shall promulgate, publish, adopt and amend such rules as may be necessary for the proper enforcement of this Act, to protect the health and safety of the public using such swimming facilities pools and beaches, spas, and other appurtenances, and may, when necessary, utilize the services of any other state agencies to assist in carrying out the purposes of this Act. These rules shall include but are not limited to design criteria for swimming facility areas and bather preparation facilities, standards relating to sanitation, cleanliness, plumbing, water supply, sewage and solid waste disposal, design and construction of all equipment, buildings, rodent and insect control, communicable disease control, safety and sanitation of appurtenant swimming facilities. The rules must include provisions for the prevention of bather entrapment or entanglement at new and existing swimming facilities. Bather preparation facilities consisting of dressing room space, toilets and showers shall be available for use of patrons of swimming facilities, except as provided by Department rules.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/15.1)

Sec. 15.1. Violations at facilities.

(a) If the Department finds violations at swimming facilities requiring licensure under this Act, the Department shall issue a written report or notice of the violations. In accordance with subsections (b), (c), and (d), each violation shall be categorized as either Type "A", Type "B", or Type "C".

(b) Type "A" Violation. The situation, condition, or practice constituting a Type "A" violation shall be abated or eliminated immediately. Type "A" violations not corrected during an inspection or other timeframe provided by the Department, not to exceed 48 hours, shall become Type "B" violations , unless a fixed period of time, not exceeding 10 days, as determined by the Department and specified in the notice of violation or inspection report, is required for correction. Type "A" violations shall include, but not be limited to:

(1) Inoperable gauges or flowmeters.

(2) The failure to provide a lifeguard or a warning sign as required by the rules.

(3) The failure to maintain required water quality within 20% of standards found in Section 820.320 of Title 77 of the Illinois Administrative Code.

(4) The failure to properly secure the pool area or the equipment or storage area.

(5) The failure to conduct required water quality and equipment testing and record results in daily operational reports.

(6) The failure to obey the assigned Bather Load.

(7) The failure to properly display a Department-issued license.

(8) The failure to post Patron Regulations and Bather Load signs.

(1) Inoperable gauges or flowmeters.

(2) The failure to maintain appropriate water quality within 20% of standard.

(3) The failure to maintain or provide operation reports.

(4) The failure to provide and maintain necessary safety equipment prescribed by rule.

(5) The failure to maintain cleanliness of the facility (cracks, leaks, lint, dirt, and sediment).

(6) The improper use of starting platforms.

(7) The failure to maintain equipment in proper work order (including, but not limited to, skimmers, pumps, and chlorinators), such that the public is not endangered.

(8) The failure to post Patron Regulations and Bather Load signs.

(c) Type "B" Violation. The situation, condition, or practice constituting a Type "B" violation shall be abated or eliminated immediately, unless a fixed period of time, not exceeding 10 days, as determined by the Department and specified in the notice of violation or inspection report is required for correction. At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction that is subject to the Department's approval. The facility shall have 10 days after receipt of a notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period, not to exceed 90 days, within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department. Type "B" violations shall include, but not be limited to:

(1) The continued failure to conduct required water quality and equipment testing and record results in daily operational reports.

(2) The failure to maintain cleanliness of the facility, including, but not limited to, cracks, leaks, lint, dirt, and sediment.

(3) The improper use of starting platforms.

(4) The failure to maintain equipment in proper work order, including, but not limited to, skimmers, pumps, and chlorinators, such that the public is not endangered.

(5) The failure to maintain water quality in accordance with Section 820.320 of Title 77 of the Illinois Administrative Code, and in excess of that allowed for in a Type "A" violation.

(6) Ongoing repeat Type "A" violations not corrected in accordance with a notice or inspection report.

(7) The failure to submit a Drowning and Injury Report within 24 hours.

(1) Ongoing repeat Type "A" violations not corrected in accordance with a notice or inspection report.

(2) The failure to submit a Drowning and Injury Report within 24 hours.

(3) The failure to provide a lifeguard or a warning sign as required by the rules.

(4) The failure to maintain water quality in accordance with Section 820.320 of Title 77 of the Illinois Administrative Code, and in excess of that allowed for in a Type "A" violation.

(5) The failure to properly secure the pool area or the equipment/storage area.

(6) The failure to maintain any operational reports.

(7) The failure to obey assigned bather load.

(8) The failure to properly display a Department-issued license.

(d) Type "C" Violation. Type "C" violations include those violations that may lead to serious injury or death of patrons, employees, or the general public. Upon finding a Type "C" violation at a facility, the Department shall immediately take such actions as necessary to protect public health, including, but not limited to, ordering the immediate closure of the facility, ordering the abatement of conditions deemed dangerous by the Department, or ordering the cessation of any practice deemed dangerous or improper by the Department. Type "C" violations shall include, but not be limited to:

(1) The failure to obtain a license prior to operating.

(2) The failure to construct the swimming facility pool in accordance with the Department-issued permit to construct.

(3) The failure to secure a permit to alter the swimming facility pool.

(4) The failure to close the swimming facility pool in accordance with the rules.

(5) The failure to obey any lawful order of the Department.

(6) The failure to provide access to the swimming facility by the Department or any duly appointed agent thereof.

(7) The failure to post and maintain a Department-issued closure order.

(8) Operating the swimming facility in a manner that results in imminent danger to the public.

(9) Submitting fraudulent documentation to the Department or a duly appointed agent thereof.

(e) In determining whether a penalty is to be imposed and in fixing the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:

(1) The gravity of the violation, including the probability that death or serious physical harm to the public will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of the applicable statutes or regulations were violated.

(2) The reasonable diligence exercised by the licensee and efforts to correct violations.

(3) Any previous violations committed by the licensee.

(4) The financial benefit to the facility for committing or continuing the violation.

Type "A" violations shall carry no penalty provided they are corrected within the terms set forth by this Act and in accordance with the rules established under this Act. Type "B" violations may be assessed a penalty of $25 per day for each day the violation exists. Type "C" violations may be assessed a penalty of $100 per day for each day the violation exists, in addition to any other penalties provided for by law.

(e) Plan of Correction. At the time of issuance of a notice of any violation, the Department may request a plan of correction that is subject to the Department's approval. The facility shall have 10 days after receipt of a notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period, not to exceed 90 days, within which violations are to be corrected. If the Department rejects a plan of correction, then it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted or if the modified plan is rejected, then the facility shall follow an approved plan of correction imposed by the Department.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/20) (from Ch. 111 1/2, par. 1220)

Sec. 20. The Department is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the rate of $1 per page of such record the party filing the complaint deposits with the clerk of the court the sum of $1 per page representing costs of such certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action. The Department may charge $0.15 per each 8.5 by 11 inch page, whether paper or electronic, for copies of records held by the Department pursuant to this Act. For documents larger than 8.5 by 11 inches, actual copying charges plus $0.25 per page shall apply.

(Source: P.A. 82-1057.)

(210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)

Sec. 21. Closure of facility. Whenever the Department finds any violation of this Act or the rules promulgated under this Act, if the violation presents an emergency or risk to public health, the Department shall, without prior notice or hearing, issue a written notice, immediately order the owner, operator, or licensee to close the swimming facility and to prohibit any person from using such facilities. Notwithstanding any other provisions in this Act, such order shall be effective immediately.

The notice shall state the reasons prompting the closing of the facilities and a copy of the notice must be posted conspicuously at the pool or beach by the owner, operator or licensee.

The Attorney General, State's Attorney, and Sheriff of the county in which the swimming facility is located shall enforce the closing order after receiving notice thereof.

Any owner, operator or licensee affected by such an order is entitled, upon written request to the Department, to a hearing as provided in this Act.

When such violations are abated in the opinion of the Department, the Department may authorize reopening the swimming facility.

(Source: P.A. 96-1081, eff. 7-16-10.)

(210 ILCS 125/22) (from Ch. 111 1/2, par. 1222)

Sec. 22. Criminal enforcement. Any person who violates this Act or any rule or regulation adopted by the Department, or who violates any determination or order of the Department under this Act shall be guilty of a Class A misdemeanor punishable by a fine of $1,000 for each day the violation exists in addition to civil penalties or up to 6 months imprisonment or both a fine and imprisonment.

Each day's violation constitutes a separate offense. The State's Attorney of the county in which the violation occurred, or the Attorney General shall bring such actions in the name of the people of the State of Illinois, or may in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, or to enjoin the operation of any such establishment.

(Source: P.A. 78-1149.)

(210 ILCS 125/22.2 new)

Sec. 22.2. Civil enforcement. The Department is empowered to impose administrative civil penalties for violations by any certified swimming facility designer, licensed swimming facility contractor, licensee, or any other person of this Act and the rules promulgated thereunder, pursuant to rules for such penalties established by the Department. The State's Attorney of the county in which the violation occurred, or the Attorney General shall bring such actions in the name of the people of the State of Illinois, and may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, impose civil penalties (where no penalty has been imposed by the Department), and enjoin the operation of any such person or establishment.

(210 ILCS 125/30 new)

Sec. 30. Certified swimming facility designer program. The Department shall maintain a training and certification program for a certified swimming facility designer who is capable of complying with all applicable federal and State standards for swimming facility design and construction. Individuals seeking certification shall apply as determined by rules promulgated by the Department. Applications shall accompany a certification fee in accordance with Section 8.4 of this Act, that shall not be refundable. All certification fees shall be deposited into the Facility Licensing Fund and shall be used by the Department in the administration of this Act. Certification shall be pursuant to successful completion of an examination as determined by rules adopted by the Department. Certification shall be renewed annually by application and submittal of a renewal fee in accordance with Section 8.4 of this Act. All renewal applicants shall successfully complete 8 hours of continuing education annually in aquatic design. The Department shall provide 8 hours of training, biannually, that shall qualify as aquatic design training.

Applicants shall minimally be licensed, in this State, as a Professional Engineer or Architect, in accordance with the Professional Engineering Practice Act of 1989 and the Illinois Architecture Practice Act of 1989, respectively.

(210 ILCS 125/31 new)

Sec. 31. Licensed swimming facility contractor. Any person seeking to perform construction, installation, modification, or repair of a swimming facility must be licensed by the Department. A licensed swimming facility contractor must be registered and in good standing with the Secretary of State and possess commercial pool construction experience as determined by the Department. Persons seeking to be licensed shall apply pursuant to rules adopted by the Department and pay a license fee in accordance with Section 8.4 of this Act, that shall not be refundable. All licensing fees shall be deposited into the Facility Licensing Fund and shall be used by the Department in the administration of this Act. Licenses shall be renewed annually by submitting a renewal application and a renewal fee, in accordance with Section 8.4 of this Act, to the Department.

(210 ILCS 125/35 new)

Sec. 35. Certification. No person may act as a certified swimming facility designer unless the person is certified as a certified swimming facility designer by the Department.".