There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 210 HEALTH FACILITIES
210 ILCS 125/ Swimming Facility Act.
(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.) |
| ||
(c) (blank); (d) be served upon the owner, operator or licensee as | ||
| ||
(e) (blank). (Source: P.A. 96‑1081, eff. 7‑16‑10.) |
| ||
(3) The failure to maintain or provide operation | ||
| ||
(4) The failure to provide and maintain necessary | ||
| ||
(5) The failure to maintain cleanliness of the | ||
| ||
(6) The improper use of starting platforms. (7) The failure to maintain equipment in proper work | ||
| ||
(8) The failure to post Patron Regulations and Bather | ||
| ||
(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 | ||
| ||
(2) The failure to submit a Drowning and Injury | ||
| ||
(3) The failure to provide a lifeguard or a warning | ||
| ||
(4) The failure to maintain water quality in | ||
| ||
(5) The failure to properly secure the pool area or | ||
| ||
(6) The failure to maintain any operational reports. (7) The failure to obey assigned bather load. (8) The failure to properly display a | ||
| ||
(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 | ||
| ||
(2) The failure to construct the pool in accordance | ||
| ||
(3) The failure to secure a permit to alter the pool. (4) The failure to close the pool in accordance with | ||
| ||
(5) The failure to obey any lawful order of the | ||
| ||
(6) The failure to provide access to the facility by | ||
| ||
(7) The failure to post a Department‑issued closure | ||
| ||
(8) Operating the facility in a manner that results | ||
| ||
(9) Submitting fraudulent documentation to the | ||
| ||
(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 | ||
| ||
(2) The reasonable diligence exercised by the | ||
| ||
(3) Any previous violations committed by the licensee. (4) The financial benefit to the facility for | ||
| ||
Type "A" violations shall carry no penalty provided they | ||
| ||
(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. In cases of refusal of a witness to attend or testify, or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county where the hearing is held, upon application of any party to the proceeding, may compel obedience by proceeding as for contempt. (Source: P.A. 83‑334.) |
(210 ILCS 125/18) (from Ch. 111 1/2, par. 1218) Sec. 18. In the event of the inability of any party, or the Department, to procure the attendance of witnesses to give testimony or produce books and papers, such party or the Department may take the deposition of witnesses in accordance with the laws of this State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. (Source: P.A. 78‑1149.) |
(210 ILCS 125/19) (from Ch. 111 1/2, par. 1219) Sec. 19. The Director shall make findings of fact in such hearing, and the Director shall render his decision within 30 days after the termination of the hearing, unless additional time is required by him for a proper disposition of the matter. When the hearing has been conducted by a Hearing Officer, the Director shall review the findings of fact and recommendations of the Hearing Officer, and the transcribed record if a party has requested and paid for such record before rendering a decision. It shall be the duty of the Director to forward a copy of his decision by registered or certified mail, to the owner, operator, licensee or applicant within 5 days of rendition of such decision. Technical errors in the proceeding before the Director or Hearing Officer or their failure to observe the technical rules of evidence shall not be grounds for the reversal of any administrative decision unless it appears to the court that such error or failure materially affects the rights of any party and results in substantial injustice to him. (Source: P. A. 78‑1149.) |
(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 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. (Source: P.A. 82‑1057.) |
(210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1) Sec. 21.1. Use of life jackets. No person shall prohibit the use of a life jacket in a swimming facility by an individual who, as evidenced by a statement signed by a licensed physician, suffers from a physical disability or condition which necessitates the use of such life jacket. (Source: P.A. 92‑18, eff. 6‑28‑01.) |
(210 ILCS 125/22) (from Ch. 111 1/2, par. 1222) Sec. 22. 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. 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 125/24) (from Ch. 111 1/2, par. 1224) Sec. 24. The Administrative Review Law, as amended, and the rules adopted under the Administrative Review Law apply to and govern all proceedings for judicial review of final administrative decisions of the Department under this Act. The term "Administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure. (Source: P.A. 82‑783.) |
(210 ILCS 125/24.1) (from Ch. 111 1/2, par. 1224.1) Sec. 24.1. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5‑35 of the Illinois Administrative Procedure Act relating to procedures for rule‑making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion. (Source: P.A. 88‑45.) |
(210 ILCS 125/26) (from Ch. 111 1/2, par. 1226) Sec. 26. If any part of this Act is adjudged invalid, such adjudication shall not affect the validity of the Act as a whole or of any other part. (Source: P.A. 78‑1149.) |
(210 ILCS 125/28) (from Ch. 111 1/2, par. 1228) Sec. 28. (Repealed). (Source: P.A. 86‑595. Repealed by P.A. 92‑18, eff. 6‑28‑01.) |
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.