2005 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.)
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(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 pools, spas, water slides, public
bathing beaches, and other aquatic features 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 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. 92‑18, eff. 6‑28‑01.)
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(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 3.12 have the meanings ascribed
to them
in those Sections.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(210 ILCS 125/3.12)
Sec. 3.12.
Swimming facility.
"Swimming Facility" means a swimming pool,
spa, public bathing
beach, water slide, lazy river, or other similar aquatic feature.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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 pool, water slide, or bathing
beach within this
State without first obtaining a license therefor from the Department.
After May 1, 2003, it shall be unlawful for any person to open, establish,
maintain, or operate a spa within this State without first obtaining a license
from the Department. Licenses for swimming
facilities
shall expire May
1, next following the swimming season for which the license was issued, except that an original license for a swimming facility issued
after February 1 and before May 1 shall
expire on May 1 of the
following year. Licenses for indoor pools that expire December 1, 2001 shall
be renewed for a $75 fee for a license that will expire on May 1, 2003.
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. 92‑18, eff. 6‑28‑01.)
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(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. Construction permits for spas are not required
until January 1, 2003. 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 is $50, which shall accompany such
application.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)
Sec. 6.
License renewal.
Applications 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 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 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. 92‑18, eff. 6‑28‑01.)
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(210 ILCS 125/7) (from Ch. 111 1/2, par. 1207)
Sec. 7.
Conditional license.
If the Department finds that the facilities
of any swimming facility for which a license is sought are not in compliance with the
provisions of this Act and the rules and regulations of the Department
relating thereto, but may operate without undue prejudice to the public,
the Department may issue a conditional license setting forth
the conditions on which the license is issued, the manner in which the
swimming facility fails to comply with the Act and such
rules and
regulations, and shall set forth the time, not to exceed 3 years, within
which the applicant must make any changes or corrections necessary to fully
comply with this Act and the rules and regulations of the Department
relating thereto. No more than 3 such consecutive annual conditional licenses may be issued.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)
Sec. 8.
Payment of fees; display of licenses.
All fees 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 shall be submitted in
the form of a check or money order. 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 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.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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.)
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(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.)
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(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.)
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(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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(210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)
Sec. 13.
Rules.
The Department shall promulgate, publish, adopt and
amend such
rules and regulations as may be necessary for the proper enforcement of
this Act, to protect the health and safety of the public using such 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
regulations 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 regulations must
include provisions for the prevention of bather entrapment or entanglement at
new and existing swimming facilities. The
Department may adopt less stringent requirements for spas existing prior to
January 1, 2003 than for new spas, provided minimum safety features,
including provisions to protect against bather entrapment, are provided.
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 regulations.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(210 ILCS 125/14) (from Ch. 111 1/2, par. 1214)
Sec. 14.
Whenever the Department determines that there are reasonable grounds to
believe that there has been violation of any provision of this Act or the
rules and regulations issued hereunder, the Department shall give notice of
such alleged violation to the person to whom the license was issued, as
herein provided. Such notice shall:
(a) be in writing;
(b) include a statement of the reasons for the issuance of the notice;
(c) allow reasonable time as determined by the Department for the
performance of any act it requires;
(d) be served upon the owner, operator or licensee as the case may
require; provided that such notice or order shall be deemed to have been
properly served upon such owner, operator or licensee when a copy thereof
has been sent by registered or certified mail to his last known address as
furnished to the Department; or, when he has been served with such notice
by any other method authorized by the laws of this State;
(e) contain an outline of remedial action, which, if taken, will be
required to effect compliance with the provisions of this Act and the rules
and regulations issued hereunder.
(Source: P. A. 78‑1149.)
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(210 ILCS 125/15) (from Ch. 111 1/2, par. 1215)
Sec. 15.
The Department shall in any proceeding to suspend, revoke or refuse to
issue a license or permit, first serve or cause to be served upon the
applicant or licensee a written notice specifying the way or ways in which
such applicant or licensee has failed to comply with this Act, or any
rules, regulations or standard promulgated by the Department pertaining
thereto. In the case of a revocation or suspension, this notice shall
require the licensee to remove or abate such violation, insanitary or
objectionable condition, specified in such notice, within 5 days or within
a longer period of time as may be allowed by the Department; if the
licensee fails to comply with the terms and conditions of the notice,
within the time specified or such extended period of time, the Department
may revoke or suspend such license or permit. If an applicant fails to
comply with the Act, rules or regulations or standards promulgated
thereunder, the Department may refuse to issue a license.
(Source: P. A. 78‑1149.)
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(210 ILCS 125/16) (from Ch. 111 1/2, par. 1216)
Sec. 16.
The Department shall give written notice by certified or registered mail
to any person refused a license or whose license is suspended or revoked;
such person has a right to a hearing before the Department; however, a
written notice of a request for such a hearing shall be served on the
Department within 10 days of notice of such refusal of a license or
suspension or revocation thereof. The hearing shall be conducted by the
Director, or a Hearing Officer designated in writing by the Director, to
conduct the hearing. A stenographic record shall be made of the hearing and
the cost borne by the Department; however, a transcription of the hearing
will be made only if a party requests and shall be transcribed at the cost
of such party.
The hearing shall be conducted at such place as designated by the
Department. The Director shall give written notice of the time and place of
hearing, by registered or certified mail, to the owner, operator, licensee,
or applicant, as the case may be, at least 20 days before such hearing. The
Director or Hearing Officer shall permit the owner, operator, licensee or
applicant to appear in person or to be represented by counsel at the
hearing at which time such party shall be afforded an opportunity to
present all relevant matter in support of his application for license or in
resisting the revocation or suspension thereof.
(Source: P. A. 78‑1149.)
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(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.)
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(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.)
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(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.)
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(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.)
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(210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
Sec. 21.
Closure of facility.
Whenever the Department finds any of the
conditions hereinafter set
forth it shall, by written notice, immediately order the owner, operator or
licensee to close the swimming facility and to prohibit
any person from using
such facilities:
(1) If conditions at a swimming facility and |
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appurtenances, including bathhouse facilities, upon inspection and investigation by a representative of the Department, create an immediate danger to health or safety, including conditions that could lead to bather entrapment or entanglement; or
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(2) When the Department, upon review of results of
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bacteriological analyses of water samples collected from a swimming facility, finds that such water does not conform to the bacteriological standards promulgated by the Department for proper swimming water quality; or
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(3) When an environmental survey of an area shows
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evidence of sewage or other pollutional or toxic materials being discharged to waters tributary to a beach creating an immediate danger to health or safety; or
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(4) When the Department finds by observation or test
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for water clarity of the swimming facility water a higher turbidity level than permitted in the standards for physical quality as promulgated by the Department; or
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(5) When in such cases as it is required, the
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presence of a satisfactory disinfectant residual, prescribed by rule as promulgated by the Department, is absent.
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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 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 conditions are abated or when the results of analyses of water
samples collected from the swimming facility, in the
opinion of the Department,
comply with the Department's bacteriological standards for acceptable water
quality, or when the turbidity decreases to the permissible limit, or when
the disinfectant residual reaches a satisfactory level as prescribed by
rule, the Department may authorize reopening the pool or beach. When
sources of sewage, pollution, or toxic materials discovered as a result of
an environmental survey are eliminated, the Department may authorize
reopening of such beach.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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.)
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(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.)
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(210 ILCS 125/23) (from Ch. 111 1/2, par. 1223)
Sec. 23.
Applicability of Act.
Nothing in this Act shall be construed to
exclude the State of Illinois
and Departments and educational institutions thereof and units of local
government except that the provisions in this Act for fees for licenses and
permits,
and the provisions for fine and imprisonment shall not apply to the State
of Illinois, to Departments and educational institutions thereof, or units
of local government. This Act shall not apply to beaches operated by units
of local government located on Lake Michigan.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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.)
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(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.)
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(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.)
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(210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)
Sec. 27.
Adoption of ordinances.
Any unit of government having a
full‑time municipal, district,
county or multiple‑county health department and which employs full time
a
physician licensed in Illinois to practice medicine in all its branches
and a professional engineer, registered in Illinois, with a minimum of 2
years' experience in environmental health, may administer and enforce this
Act by adopting an ordinance electing to administer and enforce this Act
and adopting by reference the rules and regulations promulgated and
amended from time to time by the Department under authority of this Act.
A unit of local government that so qualified and elects to administer
and enforce this Act shall furnish the Department a copy of its ordinance
and the names and qualifications of the employees required by this Act. The
unit of local government ordinance shall then prevail in lieu of the state
licensure fee and inspection program with the exception of Section 5 of
this Act which provides for permits for construction, development and
installation, which provisions shall continue to be administered by the
Department. Units of local government shall require such State permits as
provided in Section 5 prior to issuing licenses for swimming facilities constructed, developed, installed, or altered in a major
manner
after the effective date of
this Act.
Not less than once each year the Department shall evaluate each unit of
local government's licensing and inspection program to determine whether
such program is being operated and enforced in accordance with this Act and
the rules and regulations promulgated thereunder. If the Department finds,
after investigation, that such program is not being enforced within the
provisions of this Actor the rules and regulations promulgated
thereunder, the Director shall give written notice of such findings to the
unit of government. If the Department finds, not less than 30 days of such
given notice, that the program is not being conducted and enforced within
the provisions of this Actor the rules and regulations promulgated
thereunder, the Director shall give written notice to the unit of
government that its authority to administer this Act is revoked. Any unit
of government whose authority to administer this Act is revoked may request
an administrative hearing as provided in this Act. If the unit of
government fails to request a hearing or if, after such hearing, the
Director confirms the revocation, all swimming facilities then operating under
such unit of government shall be immediately
subject to the State licensure fee and inspection program, until such time
as the unit of government is again authorized by the Department to
administer and enforce this Act.
(Source: P.A. 92‑18, eff. 6‑28‑01.)
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(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.)
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