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92_HB1551eng HB1551 Engrossed LRB9203542TAcs 1 AN ACT concerning public health and safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Swimming Pool and Bathing Beach Act is 5 amended by changing Sections 1, 2, 3, 3.01, 4, 5, 6, 7, 8, 9, 6 10, 12, 13, 21, 21.1, 23, and 27 and by adding Sections 3.10, 7 3.11, and 3.12 as follows: 8 (210 ILCS 125/1) (from Ch. 111 1/2, par. 1201) 9 Sec. 1. Short title. This Act shall be known and may be 10 cited as the Swimming FacilityPool and Bathing BeachAct. 11 (Source: P.A. 78-1149.) 12 (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202) 13 Sec. 2. Legislative purpose. It is found that there 14 exists, and may in the future exist, within the State of 15 Illinois public swimming pools, spas, water slides,and16 public bathing beaches, and other aquatic features which are 17 substandard in one or more important features of safety, 18 cleanliness or sanitation. Such conditions adversely affect 19 the public health, safety and general welfare of persons. 20 Therefore, the purpose of this Act is to protect, promote 21 and preserve the public health, safety and general welfare by 22 providing for the establishment and enforcement of minimum 23 standards for safety, cleanliness and general sanitation for 24 all swimming pools, spas, water slides,andpublic bathing 25 beaches, and other aquatic features now in existence or 26 hereafter constructed,ordeveloped, or altered and to 27 provide for inspection and licensing of all such facilities. 28 (Source: P.A. 78-1149.) 29 (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203) HB1551 Engrossed -2- LRB9203542TAcs 1 Sec. 3. Definitions. As used in this Act, unless the 2 context otherwise requires, the terms specified in Sections 3 3.01 through 3.123.09have the meanings ascribed to them in 4 those Sections. 5 (Source: P.A. 78-1149.) 6 (210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01) 7 Sec. 3.01. Swimming pool. "Swimming Pool" means any 8 artificial basin of water which is modified, improved, 9 constructed or installed for the purpose of public swimming, 10 wading, floating, or diving, and includes: pools for 11 community use, pools at apartments, condominiums, and other 12 groups or associations having 5 or more living units, clubs, 13 churches, camps, schools, institutions, Y.M.C.A.'s, 14 Y.W.C.A.'s, parks, recreational areas, motels, hotels and 15 other commercial establishments. It does not include pools at 16 private residences intended only for the use of the owner and 17 guests. 18 (Source: P.A. 86-595.) 19 (210 ILCS 125/3.10 new) 20 Sec. 3.10. Spa. "Spa" means a basin of water designed for 21 recreational or therapeutic use that is not drained, cleaned, 22 or refilled for each user. It may include hydrojet 23 circulation, hot water, cold water mineral bath, air 24 induction bubbles, or some combination thereof. It includes 25 "therapeutic pools", "hydrotherapy pools", "whirlpools", "hot 26 spas", and "hot tubs". It does not include these facilities 27 at individual residences intended for use by the occupant and 28 his or her guests. 29 (210 ILCS 125/3.11 new) 30 Sec. 3.11. Water slide. "Water slide" means a ride with a 31 flow of water and having a flume exceeding 30 feet in length. HB1551 Engrossed -3- LRB9203542TAcs 1 (210 ILCS 125/3.12 new) 2 Sec. 3.12. Swimming facility. "Swimming Facility" means a 3 swimming pool, spa, public bathing beach, water slide, lazy 4 river, or other similar aquatic feature. 5 (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204) 6 Sec. 4. License to operate. After MayJanuary1, 2002 71974, it shall be unlawful for any person to open, establish, 8 maintain or operate a swimming pool, water slide, or bathing 9 beach within this State without first obtaining a license 10 therefor from the Department. After May 1, 2003, it shall be 11 unlawful for any person to open, establish, maintain, or 12 operate a spa within this State without first obtaining a 13 license from the Department. Licenses forbathing beaches and14outdoorswimming facilitiespoolsshall expire May 1, next 15 following the swimming season for which the license was 16 issuedand licenses for indoor pools shall expire on December171, next following the date of issue, except that an original 18 license for a swimming facilityan indoor poolissued after 19 FebruarySeptember1 and before MayDecember1 shall expire 20 on MayDecember1 of the following year. Licenses for indoor 21 pools that expire December 1, 2001 shall be renewed for a $75 22 fee for a license that will expire on May 1, 2003. 23 Applications for original licenses shall be made on forms 24 furnished by the Department. Each application to the 25 Department shall be signed by the applicant and accompanied 26 by an affidavit of the applicant as to the truth of the 27 application and, except in the case of an application by an 28 organization incorporated under the General Not for Profit 29 Corporation Act, as amended, by the payment of a license 30 application fee of $50. License fees are not refundable. Each 31 application shall contain: the name and address of the 32 applicant, or names and addresses of the partners if the 33 applicant is a partnership, or the name and addresses of the HB1551 Engrossed -4- LRB9203542TAcs 1 officers if the applicant is a corporation or the names and 2 addresses of all persons having an interest therein if the 3 applicant is a group of individuals, association, or trust; 4 and the location of the swimming facilitypool or beach. A 5 license shall be valid only in the possession of the person 6 to whom it is issued and shall not be the subject of sale, 7 assignment, or other transfer, voluntary, or involuntary, nor 8 shall the license be valid for any premises other than those 9 for which originally issued. Upon receipt of an application 10 for an original license the Department shall inspect such 11 swimming facilitypool or beachto insure compliance with 12 this Act. 13 (Source: P.A. 86-595.) 14 (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205) 15 Sec. 5. Permit for construction or major alteration. No 16 swimming facilitypool or public bathing beachshall be 17 constructed, developed,orinstalled, or altered in a major 18 manner until plans, specifications, and other information 19 relative to such swimming facilitypool or beach areaand 20 appurtenant facilities as may be requested by the Department 21 are submitted to and reviewed by the Department and found to 22 comply with minimum sanitary and safety requirements and 23 design criteria, and until a permit for the construction or 24 development is issued by the Department. Construction permits 25 for spas are not required until January 1, 2003. Permits are 26 valid for a period of one year from date of issue. They may 27 be reissued upon application to the Department and payment of 28 the permit fee as provided in this Act. 29 The fee to be paid by an applicant, other than an 30 organization incorporated under the General Not for Profit 31 Corporation Act, as now or hereafter amended, for a permit 32 for construction, development, major alteration, or 33 installation of each swimming facility is $50, which shall HB1551 Engrossed -5- LRB9203542TAcs 1 accompany such application; except that permit fees for2swimming pools having 50,000 gallons or less is $25. 3 (Source: P.A. 78-1149.) 4 (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206) 5 Sec. 6. License renewal. Applications for renewal of the 6 license shall be made in writing by the holder of the 7 license, on forms furnished by the Department and, except in 8 the case of an application by an organization incorporated 9 under the General Not for Profit Corporation Act, as now or 10 hereafter amended, shall be accompanied by a license 11 application fee of $50, which shall not be refundable, and 12 shall contain any change in the information submitted since 13 the original license was issued or the latest renewal 14 granted. In addition to any other fees required under this 15 Act, a late fee of $20 shall be charged when any renewal 16 application is received by the Department after the license 17 has expired; however, educational institutions and units of 18 State or local government shall not be required to pay late 19 fees. If, after inspection, the Department is satisfied that 20 the swimming facilitypool or beachis in substantial 21 compliance with the provisions of this Act and the rules and 22 regulations issued thereunder, the Department shall issue the 23 renewal license. 24 (Source: P.A. 85-1261.) 25 (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207) 26 Sec. 7. Conditional license. If the Department finds that 27 the facilities of any swimming facilitypool or bathing beach28 for which a license is sought are not in compliance with the 29 provisions of this Act and the rules and regulations of the 30 Department relating thereto, but may operate without undue 31 prejudice to the public, the Department may issue a 32 conditionalor temporarylicense setting forth the conditions HB1551 Engrossed -6- LRB9203542TAcs 1 on which the license is issued, the manner in which the 2 swimming facilitypool or beachfails to comply with the Act 3 and such rules and regulations, and shall set forth the time, 4 not to exceed 3 years, within which the applicant must make 5 any changes or corrections necessary to fully comply with 6 this Act and the rules and regulations of the Department 7 relating thereto. No more than 3 such consecutive annual 8 conditionalortemporarylicenses may be issued. 9 (Source: P.A. 78-1149.) 10 (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208) 11 Sec. 8. Payment of fees; display of licenses. All fees 12 generated under the authority of this Act shall be deposited 13 into the Facility Licensing Fund and, subject to 14 appropriation, shall be used by the Department in the 15 administration of this Act. All fees shall be submitted in 16 the form of a check or money order. All licensesand permits17 provided for in this Act shall be displayed in a conspicuous 18 place for public view, within or on such premises. In case of 19 revocation or suspension, the 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. 22 (Source: P.A. 78-1149.) 23 (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209) 24 Sec. 9. Inspections. Subject to constitutional 25 limitations, the Department, by its representatives, after 26 proper identification, is authorized and shall have the power 27 to enter at reasonable times upon private or public property 28 for the purpose of inspecting and investigating conditions 29 relating to the enforcement of this Act and regulations 30 issued hereunder. Written notice of all violations shall be 31 given to the owners, operators and licensees of swimming 32 facilitiespools and bathing beaches. HB1551 Engrossed -7- LRB9203542TAcs 1 (Source: P.A. 78-1149.) 2 (210 ILCS 125/10) (from Ch. 111 1/2, par. 1210) 3 Sec. 10. Access to premises. It shall be the duty of the 4 owners, operators and licensees of swimming facilitiespools5and bathing beachesto give the Department and its authorized 6 agents free access to such premises at all reasonable times 7 for the purpose of inspection. 8 (Source: P.A. 78-1149.) 9 (210 ILCS 125/12) (from Ch. 111 1/2, par. 1212) 10 Sec. 12. Water samples. Licensees shall cause to be 11 submitted water samples and such operational and analytical 12 data and records as may be required by the Department to 13 determine the sanitary and safety conditions of the swimming 14 facilitypool or bathing beach. 15 (Source: P.A. 78-1149.) 16 (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213) 17 Sec. 13. Rules. The Department shall promulgate, 18 publish, adopt and amend such rules and regulations as may be 19 necessary for the proper enforcement of this Act, to protect 20 the health and safety of the public using such pools and 21 beaches, spas, and other appurtenances, and may, when 22 necessary, utilize the services of any other state agencies 23 to assist in carrying out the purposes of this Act. These 24 regulations shall include but are not limited to design 25 criteria for swimming facilitypool and beachareas and 26 bather preparation facilities, standards relating to 27 sanitation, cleanliness, plumbing, water supply, sewage and 28 solid waste disposal, design and construction of all 29 equipment, buildings, rodent and insect control, communicable 30 disease control, safety and sanitation of appurtenant 31 swimmingpool and beachfacilities. The regulations must HB1551 Engrossed -8- LRB9203542TAcs 1 include provisions for the prevention of bather entrapment or 2 entanglement at new and existing swimming facilities. The 3 Department may adopt less stringent requirements for spas 4 existing prior to January 1, 2003 than for new spas, provided 5 minimum safety features, including provisions to protect 6 against bather entrapment, are provided. Bather preparation 7 facilities consisting of dressing room space, toilets and 8 showers shall be available for use of patrons of swimming 9 facilitiespools and beaches, except as provided by 10 Department regulations. 11 (Source: P.A. 86-595.) 12 (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221) 13 Sec. 21. Closure of facility. Whenever the Department 14 finds any of the conditions hereinafter set forth it shall, 15 by written notice, immediately order the owner, operator or 16 licensee to close the swimming facilitypool or beachand to 17 prohibit any person from using such facilities: 18 (1) If conditions at a swimming facilitypool or bathing19beachand appurtenances, including bathhouse facilities, upon 20 inspection and investigation by a representative of the 21 Department, create an immediate danger to health or safety, 22 including conditions that could lead to bather entrapment or 23 entanglement; or 24 (2) When the Department, upon review of results of 25 bacteriological analyses of water samples collected from a 26 swimming facilitypool or bathing beach, finds that such 27 water does not conform to the bacteriological standards 28 promulgated by the Department for proper swimming water 29 quality; or 30 (3) When an environmental survey of an area shows 31 evidence of sewage or other pollutional or toxic materials 32 being discharged to waters tributary to a beach creating an 33 immediate danger to health or safety; or HB1551 Engrossed -9- LRB9203542TAcs 1 (4) When the Department finds by observation or test for 2 water clarity of the swimming facilitypool or beachwater a 3 higher turbidity level than permitted in the standards for 4 physical quality as promulgated by the Department; or 5 (5) When in such cases as it is required, the presence 6 of a satisfactory disinfectant residual, prescribed by rule 7 as promulgated by the Department, is absent. 8 The notice shall state the reasons prompting the closing 9 of the facilities and a copy of the notice must be posted 10 conspicuously at the pool or beach by the owner, operator or 11 licensee. 12 The State's Attorney and Sheriff of the county in which 13 the swimming facilitypool or bathing beachis located shall 14 enforce the closing order after receiving notice thereof. 15 Any owner, operator or licensee affected by such an order 16 is entitled, upon written request to the Department, to a 17 hearing as provided in this Act. 18 When such conditions are abated or when the results of 19 analyses of water samples collected from the swimming 20 facilitypool or beach, in the opinion of the Department, 21 comply with the Department's bacteriological standards for 22 acceptable water quality, or when the turbidity decreases to 23 the permissible limit, or when the disinfectant residual 24 reaches a satisfactory level as prescribed by rule, the 25 Department may authorize reopening the pool or beach. When 26 sources of sewage, pollution, or toxic materials discovered 27 as a result of an environmental survey are eliminated, the 28 Department may authorize reopening of such beach. 29 (Source: P.A. 78-1149.) 30 (210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1) 31 Sec. 21.1. Use of life jackets. No person shall prohibit 32 the use of a life jacket in a swimming facilitypoolby an 33 individual who, as evidenced by a statement signed by a HB1551 Engrossed -10- LRB9203542TAcs 1 licensed physician, suffers from a physical disability or 2 condition which necessitates the use of such life jacket. 3 (Source: P.A. 84-964.) 4 (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223) 5 Sec. 23. Applicability of Act. Nothing in this Act shall 6 be construed to exclude the State of Illinois and Departments 7 and educational institutions thereof and units of local 8 government except that the provisions in this Act for fees 9 for licenses and permits, and the provisions for fine and 10 imprisonment shall not apply to the State of Illinois, to 11 Departments and educational institutions thereof, or units of 12 local government. This Act shall not apply to beaches 13 operated by units of local government located on Lake 14 Michigan. 15 (Source: P.A. 78-1149.) 16 (210 ILCS 125/27) (from Ch. 111 1/2, par. 1227) 17 Sec. 27. Adoption of ordinances. Any unit of government 18 having a full-time municipal, district, county or 19 multiple-county health department and which employs full 20 time: 1.a physician licensed in Illinois to practice 21 medicine in all its branches and, 2.a professional engineer, 22 registered in Illinois, with a minimum of 2twoyears' 23 experience in environmental health, may administer and 24 enforce this Act by adopting an ordinance electing to 25 administer and enforce this Act and adopting by reference the 26 rules and regulations promulgated and amended from time to 27 time by the Department under authority of this Act. 28 A unit of local government that so qualified and elects 29 to administer and enforce this Act shall furnish the 30 Department a copy of its ordinance and the names and 31 qualifications of the employees required by this Act. The 32 unit of local government ordinance shall then prevail in lieu HB1551 Engrossed -11- LRB9203542TAcs 1 of the state licensure fee and inspection program with the 2 exception of Section 5 of this Act which provides for permits 3 for construction, development and installation, which 4 provisions shall continue to be administered by the 5 Department. Units of local government shall require such 6 State permits as provided in Section 5 prior to issuing 7 licenses for swimming facilitiespools or public bathing8beachesconstructed, developed,orinstalled, or altered in a 9 major manner after the effective date of this Act. 10 Not less than once each year the Department shall 11 evaluate each unit of local government's licensing and 12 inspection program to determine whether such program is being 13 operated and enforced in accordance with this Act and the 14 rules and regulations promulgated thereunder. If the 15 Department finds, after investigation, that such program is 16 not being enforced within the provisions of this Actand/or 17 the rules and regulations promulgated thereunder, the 18 Director shall give written notice of such findings to the 19 unit of government. If the Department finds, not less than 30 20 days of such given notice, that the program is not being 21 conducted and enforced within the provisions of this Act 22and/or the rules and regulations promulgated thereunder, the 23 Director shall give written notice to the unit of government 24 that its authority to administer this Act is revoked. Any 25 unit of government whose authority to administer this Act is 26 revoked may request an administrative hearing as provided in 27 this Act. If the unit of government fails to request a 28 hearing or if, after such hearing, the Director confirms the 29 revocation, all swimming facilitiespools and public bathing30beachesthen operating under such unit of government shall be 31 immediately subject to the State licensure fee and inspection 32 program, until such time as the unit of government is again 33 authorized by the Department to administer and enforce this 34 Act. HB1551 Engrossed -12- LRB9203542TAcs 1 (Source: P.A. 86-595.) 2 (210 ILCS 125/28 rep.) 3 Section 10. The Swimming Pool and Bathing Beach Act is 4 amended by repealing Section 28. 5 Section 95. The Illinois Migrant Labor Camp Law is 6 amended by changing Section 18 as follows: 7 (210 ILCS 110/18) 8 Sec. 18. The Department shall deposit all fees and fines 9 collected under this Act into the Facility Licensing Fund. 10 Moneys in the Fund, subject to appropriation, shall be used 11 for the enforcement of this Act. 12 (Source: P.A. 88-535.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.