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92_HB1551ham001
LRB9203542TAtmam01
1 AMENDMENT TO HOUSE BILL 1551
2 AMENDMENT NO. _______. Amend House Bill 1551 by
3 replacing the title with the following:
4 "AN ACT concerning public health and safety."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Swimming Pool and Bathing Beach Act is
8 amended by changing Sections 1, 2, 3, 3.01, 4, 5, 6, 7, 8, 9,
9 10, 12, 13, 21, 21.1, 23, and 27 and by adding Sections 3.10,
10 3.11, and 3.12 as follows:
11 (210 ILCS 125/1) (from Ch. 111 1/2, par. 1201)
12 Sec. 1. Short title. This Act shall be known and may be
13 cited as the Swimming Facility Pool and Bathing Beach Act.
14 (Source: P.A. 78-1149.)
15 (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202)
16 Sec. 2. Legislative purpose. It is found that there
17 exists, and may in the future exist, within the State of
18 Illinois public swimming pools, spas, water slides, and
19 public bathing beaches, and other aquatic features which are
20 substandard in one or more important features of safety,
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1 cleanliness or sanitation. Such conditions adversely affect
2 the public health, safety and general welfare of persons.
3 Therefore, the purpose of this Act is to protect, promote
4 and preserve the public health, safety and general welfare by
5 providing for the establishment and enforcement of minimum
6 standards for safety, cleanliness and general sanitation for
7 all swimming pools, spas, water slides, and public bathing
8 beaches, and other aquatic features now in existence or
9 hereafter constructed, or developed, or altered and to
10 provide for inspection and licensing of all such facilities.
11 (Source: P.A. 78-1149.)
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 3.12 3.09 have the meanings ascribed to them in
16 those Sections.
17 (Source: P.A. 78-1149.)
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
23 community use, pools at apartments, condominiums, and other
24 groups or associations having 5 or more living units, clubs,
25 churches, camps, schools, institutions, Y.M.C.A.'s,
26 Y.W.C.A.'s, parks, recreational areas, motels, hotels and
27 other commercial establishments. It does not include pools at
28 private residences intended only for the use of the owner and
29 guests.
30 (Source: P.A. 86-595.)
31 (210 ILCS 125/3.10 new)
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1 Sec. 3.10. Spa. "Spa" means a basin of water designed for
2 recreational or therapeutic use that is not drained, cleaned,
3 or refilled for each user. It may include hydrojet
4 circulation, hot water, cold water mineral bath, air
5 induction bubbles, or some combination thereof. It includes
6 "therapeutic pools", "hydrotherapy pools", "whirlpools", "hot
7 spas", and "hot tubs". It does not include these facilities
8 at individual residences intended for use by the occupant and
9 his or her guests.
10 (210 ILCS 125/3.11 new)
11 Sec. 3.11. Water slide. "Water slide" means a ride with a
12 flow of water and having a flume exceeding 30 feet in length.
13 (210 ILCS 125/3.12 new)
14 Sec. 3.12. Swimming facility. "Swimming Facility" means a
15 swimming pool, spa, public bathing beach, water slide, lazy
16 river, or other similar aquatic feature.
17 (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)
18 Sec. 4. License to operate. After May January 1, 2002
19 1974, it shall be unlawful for any person to open, establish,
20 maintain or operate a swimming pool, water slide, or bathing
21 beach within this State without first obtaining a license
22 therefor from the Department. After May 1, 2003, it shall be
23 unlawful for any person to open, establish, maintain, or
24 operate a spa within this State without first obtaining a
25 license from the Department. Licenses for bathing beaches and
26 outdoor swimming facilities pools shall expire May 1, next
27 following the swimming season for which the license was
28 issued and licenses for indoor pools shall expire on December
29 1, next following the date of issue, except that an original
30 license for a swimming facility an indoor pool issued after
31 February September 1 and before May December 1 shall expire
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1 on May December 1 of the following year. Licenses for indoor
2 pools that expire December 1, 2001 shall be renewed for a $75
3 fee for a license that will expire on May 1, 2003.
4 Applications for original licenses shall be made on forms
5 furnished by the Department. Each application to the
6 Department shall be signed by the applicant and accompanied
7 by an affidavit of the applicant as to the truth of the
8 application and, except in the case of an application by an
9 organization incorporated under the General Not for Profit
10 Corporation Act, as amended, by the payment of a license
11 application fee of $50. License fees are not refundable. Each
12 application shall contain: the name and address of the
13 applicant, or names and addresses of the partners if the
14 applicant is a partnership, or the name and addresses of the
15 officers if the applicant is a corporation or the names and
16 addresses of all persons having an interest therein if the
17 applicant is a group of individuals, association, or trust;
18 and the location of the swimming facility pool or beach. A
19 license shall be valid only in the possession of the person
20 to whom it is issued and shall not be the subject of sale,
21 assignment, or other transfer, voluntary, or involuntary, nor
22 shall the license be valid for any premises other than those
23 for which originally issued. Upon receipt of an application
24 for an original license the Department shall inspect such
25 swimming facility pool or beach to insure compliance with
26 this Act.
27 (Source: P.A. 86-595.)
28 (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)
29 Sec. 5. Permit for construction or major alteration. No
30 swimming facility pool or public bathing beach shall be
31 constructed, developed, or installed, or altered in a major
32 manner until plans, specifications, and other information
33 relative to such swimming facility pool or beach area and
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1 appurtenant facilities as may be requested by the Department
2 are submitted to and reviewed by the Department and found to
3 comply with minimum sanitary and safety requirements and
4 design criteria, and until a permit for the construction or
5 development is issued by the Department. Construction permits
6 for spas are not required until January 1, 2003. Permits are
7 valid for a period of one year from date of issue. They may
8 be reissued upon application to the Department and payment of
9 the permit fee as provided in this Act.
10 The fee to be paid by an applicant, other than an
11 organization incorporated under the General Not for Profit
12 Corporation Act, as now or hereafter amended, for a permit
13 for construction, development, major alteration, or
14 installation of each swimming facility is $50, which shall
15 accompany such application; except that permit fees for
16 swimming pools having 50,000 gallons or less is $25.
17 (Source: P.A. 78-1149.)
18 (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)
19 Sec. 6. License renewal. Applications for renewal of the
20 license shall be made in writing by the holder of the
21 license, on forms furnished by the Department and, except in
22 the case of an application by an organization incorporated
23 under the General Not for Profit Corporation Act, as now or
24 hereafter amended, shall be accompanied by a license
25 application fee of $50, which shall not be refundable, and
26 shall contain any change in the information submitted since
27 the original license was issued or the latest renewal
28 granted. In addition to any other fees required under this
29 Act, a late fee of $20 shall be charged when any renewal
30 application is received by the Department after the license
31 has expired; however, educational institutions and units of
32 State or local government shall not be required to pay late
33 fees. If, after inspection, the Department is satisfied that
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1 the swimming facility pool or beach is in substantial
2 compliance with the provisions of this Act and the rules and
3 regulations issued thereunder, the Department shall issue the
4 renewal license.
5 (Source: P.A. 85-1261.)
6 (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207)
7 Sec. 7. Conditional license. If the Department finds that
8 the facilities of any swimming facility pool or bathing beach
9 for which a license is sought are not in compliance with the
10 provisions of this Act and the rules and regulations of the
11 Department relating thereto, but may operate without undue
12 prejudice to the public, the Department may issue a
13 conditional or temporary license setting forth the conditions
14 on which the license is issued, the manner in which the
15 swimming facility pool or beach fails to comply with the Act
16 and such rules and regulations, and shall set forth the time,
17 not to exceed 3 years, within which the applicant must make
18 any changes or corrections necessary to fully comply with
19 this Act and the rules and regulations of the Department
20 relating thereto. No more than 3 such consecutive annual
21 conditional or temporary licenses may be issued.
22 (Source: P.A. 78-1149.)
23 (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)
24 Sec. 8. Payment of fees; display of licenses. All fees
25 generated under the authority of this Act shall be deposited
26 into the Facility Licensing Fund and, subject to
27 appropriation, shall be used by the Department in the
28 administration of this Act. All fees shall be submitted in
29 the form of a check or money order. All licenses and permits
30 provided for in this Act shall be displayed in a conspicuous
31 place for public view, within or on such premises. In case of
32 revocation or suspension, the owner or operator or both shall
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1 cause the license to be removed and to post the notice of
2 revocation or suspension issued by the Department.
3 (Source: P.A. 78-1149.)
4 (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)
5 Sec. 9. Inspections. Subject to constitutional
6 limitations, the Department, by its representatives, after
7 proper identification, is authorized and shall have the power
8 to enter at reasonable times upon private or public property
9 for the purpose of inspecting and investigating conditions
10 relating to the enforcement of this Act and regulations
11 issued hereunder. Written notice of all violations shall be
12 given to the owners, operators and licensees of swimming
13 facilities pools and bathing beaches.
14 (Source: P.A. 78-1149.)
15 (210 ILCS 125/10) (from Ch. 111 1/2, par. 1210)
16 Sec. 10. Access to premises. It shall be the duty of the
17 owners, operators and licensees of swimming facilities pools
18 and bathing beaches to give the Department and its authorized
19 agents free access to such premises at all reasonable times
20 for the purpose of inspection.
21 (Source: P.A. 78-1149.)
22 (210 ILCS 125/12) (from Ch. 111 1/2, par. 1212)
23 Sec. 12. Water samples. Licensees shall cause to be
24 submitted water samples and such operational and analytical
25 data and records as may be required by the Department to
26 determine the sanitary and safety conditions of the swimming
27 facility pool or bathing beach.
28 (Source: P.A. 78-1149.)
29 (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)
30 Sec. 13. Rules. The Department shall promulgate,
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1 publish, adopt and amend such rules and regulations as may be
2 necessary for the proper enforcement of this Act, to protect
3 the health and safety of the public using such pools and
4 beaches, spas, and other appurtenances, and may, when
5 necessary, utilize the services of any other state agencies
6 to assist in carrying out the purposes of this Act. These
7 regulations shall include but are not limited to design
8 criteria for swimming facility pool and beach areas and
9 bather preparation facilities, standards relating to
10 sanitation, cleanliness, plumbing, water supply, sewage and
11 solid waste disposal, design and construction of all
12 equipment, buildings, rodent and insect control, communicable
13 disease control, safety and sanitation of appurtenant
14 swimming pool and beach facilities. The regulations must
15 include provisions for the prevention of bather entrapment or
16 entanglement at new and existing swimming facilities. The
17 Department may adopt less stringent requirements for spas
18 existing prior to January 1, 2003 than for new spas, provided
19 minimum safety features, including provisions to protect
20 against bather entrapment, are provided. Bather preparation
21 facilities consisting of dressing room space, toilets and
22 showers shall be available for use of patrons of swimming
23 facilities pools and beaches, except as provided by
24 Department regulations.
25 (Source: P.A. 86-595.)
26 (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
27 Sec. 21. Closure of facility. Whenever the Department
28 finds any of the conditions hereinafter set forth it shall,
29 by written notice, immediately order the owner, operator or
30 licensee to close the swimming facility pool or beach and to
31 prohibit any person from using such facilities:
32 (1) If conditions at a swimming facility pool or bathing
33 beach and appurtenances, including bathhouse facilities, upon
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1 inspection and investigation by a representative of the
2 Department, create an immediate danger to health or safety,
3 including conditions that could lead to bather entrapment or
4 entanglement; or
5 (2) When the Department, upon review of results of
6 bacteriological analyses of water samples collected from a
7 swimming facility pool or bathing beach, finds that such
8 water does not conform to the bacteriological standards
9 promulgated by the Department for proper swimming water
10 quality; or
11 (3) When an environmental survey of an area shows
12 evidence of sewage or other pollutional or toxic materials
13 being discharged to waters tributary to a beach creating an
14 immediate danger to health or safety; or
15 (4) When the Department finds by observation or test for
16 water clarity of the swimming facility pool or beach water a
17 higher turbidity level than permitted in the standards for
18 physical quality as promulgated by the Department; or
19 (5) When in such cases as it is required, the presence
20 of a satisfactory disinfectant residual, prescribed by rule
21 as promulgated by the Department, is absent.
22 The notice shall state the reasons prompting the closing
23 of the facilities and a copy of the notice must be posted
24 conspicuously at the pool or beach by the owner, operator or
25 licensee.
26 The State's Attorney and Sheriff of the county in which
27 the swimming facility pool or bathing beach is located shall
28 enforce the closing order after receiving notice thereof.
29 Any owner, operator or licensee affected by such an order
30 is entitled, upon written request to the Department, to a
31 hearing as provided in this Act.
32 When such conditions are abated or when the results of
33 analyses of water samples collected from the swimming
34 facility pool or beach, in the opinion of the Department,
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1 comply with the Department's bacteriological standards for
2 acceptable water quality, or when the turbidity decreases to
3 the permissible limit, or when the disinfectant residual
4 reaches a satisfactory level as prescribed by rule, the
5 Department may authorize reopening the pool or beach. When
6 sources of sewage, pollution, or toxic materials discovered
7 as a result of an environmental survey are eliminated, the
8 Department may authorize reopening of such beach.
9 (Source: P.A. 78-1149.)
10 (210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1)
11 Sec. 21.1. Use of life jackets. No person shall prohibit
12 the use of a life jacket in a swimming facility pool by an
13 individual who, as evidenced by a statement signed by a
14 licensed physician, suffers from a physical disability or
15 condition which necessitates the use of such life jacket.
16 (Source: P.A. 84-964.)
17 (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223)
18 Sec. 23. Applicability of Act. Nothing in this Act shall
19 be construed to exclude the State of Illinois and Departments
20 and educational institutions thereof and units of local
21 government except that the provisions in this Act for fees
22 for licenses and permits, and the provisions for fine and
23 imprisonment shall not apply to the State of Illinois, to
24 Departments and educational institutions thereof, or units of
25 local government. This Act shall not apply to beaches
26 operated by units of local government located on Lake
27 Michigan.
28 (Source: P.A. 78-1149.)
29 (210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)
30 Sec. 27. Adoption of ordinances. Any unit of government
31 having a full-time municipal, district, county or
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1 multiple-county health department and which employs full
2 time: 1. a physician licensed in Illinois to practice
3 medicine in all its branches and, 2. a professional engineer,
4 registered in Illinois, with a minimum of 2 two years'
5 experience in environmental health, may administer and
6 enforce this Act by adopting an ordinance electing to
7 administer and enforce this Act and adopting by reference the
8 rules and regulations promulgated and amended from time to
9 time by the Department under authority of this Act.
10 A unit of local government that so qualified and elects
11 to administer and enforce this Act shall furnish the
12 Department a copy of its ordinance and the names and
13 qualifications of the employees required by this Act. The
14 unit of local government ordinance shall then prevail in lieu
15 of the state licensure fee and inspection program with the
16 exception of Section 5 of this Act which provides for permits
17 for construction, development and installation, which
18 provisions shall continue to be administered by the
19 Department. Units of local government shall require such
20 State permits as provided in Section 5 prior to issuing
21 licenses for swimming facilities pools or public bathing
22 beaches constructed, developed, or installed, or altered in a
23 major manner after the effective date of this Act.
24 Not less than once each year the Department shall
25 evaluate each unit of local government's licensing and
26 inspection program to determine whether such program is being
27 operated and enforced in accordance with this Act and the
28 rules and regulations promulgated thereunder. If the
29 Department finds, after investigation, that such program is
30 not being enforced within the provisions of this Act and/or
31 the rules and regulations promulgated thereunder, the
32 Director shall give written notice of such findings to the
33 unit of government. If the Department finds, not less than 30
34 days of such given notice, that the program is not being
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1 conducted and enforced within the provisions of this Act
2 and/or the rules and regulations promulgated thereunder, the
3 Director shall give written notice to the unit of government
4 that its authority to administer this Act is revoked. Any
5 unit of government whose authority to administer this Act is
6 revoked may request an administrative hearing as provided in
7 this Act. If the unit of government fails to request a
8 hearing or if, after such hearing, the Director confirms the
9 revocation, all swimming facilities pools and public bathing
10 beaches then operating under such unit of government shall be
11 immediately subject to the State licensure fee and inspection
12 program, until such time as the unit of government is again
13 authorized by the Department to administer and enforce this
14 Act.
15 (Source: P.A. 86-595.)
16 (210 ILCS 125/28 rep.)
17 Section 10. The Swimming Pool and Bathing Beach Act is
18 amended by repealing Section 28.
19 Section 95. The Illinois Migrant Labor Camp Law is
20 amended by changing Section 18 as follows:
21 (210 ILCS 110/18)
22 Sec. 18. The Department shall deposit all fees and fines
23 collected under this Act into the Facility Licensing Fund.
24 Moneys in the Fund, subject to appropriation, shall be used
25 for the enforcement of this Act.
26 (Source: P.A. 88-535.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".