(210 ILCS 125/1) (from Ch. 111 1/2, par. 1201) Sec. 1. Short title. This Act shall be known and may be cited as the Swimming Facility Act. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(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 and other commercial establishments. It does not include pools at private 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, 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 125/3.03) (from Ch. 111 1/2, par. 1203.03) Sec. 3.03. "Applicant" means any person making application for a permit or license. (Source: P. A. 78‑1149.) |
(210 ILCS 125/3.04) (from Ch. 111 1/2, par. 1203.04) Sec. 3.04. "Licensee" means any individual having a license under this Act, any member of a firm, partnership or association to which a license is issued under this Act and any corporation having a license under this Act. (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, 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 125/3.06) (from Ch. 111 1/2, par. 1203.06) Sec. 3.06. "Department" means the Department of Public Health, State of Illinois. (Source: P. A. 78‑1149.) |
(210 ILCS 125/3.07) (from Ch. 111 1/2, par. 1203.07) Sec. 3.07. "Director" means the Director of the Department of Public Health, State of Illinois. (Source: P. A. 78‑1149.) |
(210 ILCS 125/3.08) (from Ch. 111 1/2, par. 1203.08) Sec. 3.08. "Revocation" means to declare invalid, for an indefinite period of time, a permit or license issued to the applicant or licensee by the Department. (Source: P. A. 78‑1149.) |
(210 ILCS 125/3.09) (from Ch. 111 1/2, par. 1203.09) Sec. 3.09. "Suspension" means to declare invalid a permit or license issued to the applicant or licensee by the Department, for a temporary period of time with an expectation of resumption. (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", "hot spas", and "hot tubs". It does not include these facilities at individual residences intended for use by the occupant and his or her guests. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(210 ILCS 125/3.11) Sec. 3.11. Water slide. "Water slide" means a ride with a flow of water and having a flume exceeding 30 feet in length. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(210 ILCS 125/9) (from Ch. 111 1/2, par. 1209) Sec. 9. Inspections. Subject to constitutional limitations, the Department, by its representatives, after proper identification, is authorized and shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Act and regulations issued hereunder. Written notice of all violations shall be given to the owners, operators and licensees of swimming facilities. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(210 ILCS 125/10) (from Ch. 111 1/2, par. 1210) Sec. 10. Access to premises. It shall be the duty of the owners, operators and licensees of swimming facilities to give the Department and its authorized agents free access to such premises at all reasonable times for the purpose of inspection. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(210 ILCS 125/11) (from Ch. 111 1/2, par. 1211) Sec. 11. The Department may designate full‑time Municipal, District, County or multiple‑County Health Departments as its agents in making inspections and investigations. (Source: P. A. 78‑1149.) |
(210 ILCS 125/12) (from Ch. 111 1/2, par. 1212) Sec. 12. Water samples. Licensees shall cause to be submitted water samples and such operational and analytical data and records as may be required by the Department to determine the sanitary and safety conditions of the swimming facility. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
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(c) (blank); (d) be served upon the owner, operator or licensee as | ||
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(e) (blank). (Source: P.A. 96‑1081, eff. 7‑16‑10.) |
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(3) The failure to maintain or provide operation | ||
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(4) The failure to provide and maintain necessary | ||
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(5) The failure to maintain cleanliness of the | ||
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(6) The improper use of starting platforms. (7) The failure to maintain equipment in proper work | ||
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(8) The failure to post Patron Regulations and Bather | ||
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(c) Type "B" Violation. 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) Ongoing repeat Type "A" violations not corrected | ||
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(2) The failure to submit a Drowning and Injury | ||
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(3) The failure to provide a lifeguard or a warning | ||
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(4) The failure to maintain water quality in | ||
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(5) The failure to properly secure the pool area or | ||
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(6) The failure to maintain any operational reports. (7) The failure to obey assigned bather load. (8) The failure to properly display a | ||
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(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 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 | ||
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(2) The failure to construct the pool in accordance | ||
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(3) The failure to secure a permit to alter the pool. (4) The failure to close the pool in accordance with | ||
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(5) The failure to obey any lawful order of the | ||
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(6) The failure to provide access to the facility by | ||
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(7) The failure to post a Department‑issued closure | ||
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(8) Operating the facility in a manner that results | ||
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(9) Submitting fraudulent documentation to the | ||
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(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 | ||
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(2) The reasonable diligence exercised by the | ||
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(3) Any previous violations committed by the licensee. (4) The financial benefit to the facility for | ||
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Type "A" violations shall carry no penalty provided they | ||
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(Source: P.A. 96‑1081, eff. 7‑16‑10.) |
(210 ILCS 125/17) (from Ch. 111 1/2, par. 1217) Sec. 17. The Director or Hearing Officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers and administer oaths to witnesses. All subpoenas issued by the Director or Hearing Officer may be served as provided for in a civil action. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party to such proceeding at whose request the subpoena is issued. If such subpoena is issued at the request of the Department, the witness fee shall be paid as an administrative expense. Illinois Forms by IssueIllinois Court Forms
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