Bill Text: IL HB3980 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Swimming Facility Act to provide that the Department of Public Health may not impose penalties on a swimming facility that is in violation of the federal Virginia Graeme Baker Pool and Spa Safety Act until October 1, 2012 if the swimming facility has applied on or before October 1, 2011 to become compliant with that Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3980 Detail]

Download: Illinois-2011-HB3980-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3980 Introduced , by Rep. Jason Barickman SYNOPSIS AS INTRODUCED:
210 ILCS 125/15.1
Amends the Swimming Facility Act to provide that the Department of Public Health may not impose penalties on a swimming facility that is in violation of the federal Virginia Graeme Baker Pool and Spa Safety Act until October 1, 2012 if the swimming facility has applied on or before October 1, 2011 to become compliant with that Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Swimming Facility Act is amended by changing
Section 15.1 as follows:
(210 ILCS 125/15.1)
Sec. 15.1. Violations at facilities.
(a) If the Department finds violations at swimming
facilities requiring licensure under this Act, the Department
shall issue a written report or notice of the violations. In
accordance with subsections (b), (c), and (d), each violation
shall be categorized as either Type "A", Type "B", or Type "C".
(b) Type "A" Violation. The situation, condition, or
practice constituting a Type "A" violation shall be abated or
eliminated immediately, unless a fixed period of time, not
exceeding 10 days, as determined by the Department and
specified in the notice of violation or inspection report, is
required for correction. Type "A" violations shall include, but
not be limited to:
(1) Inoperable gauges or flowmeters.
(2) The failure to maintain appropriate water quality
within 20% of standard.
(3) The failure to maintain or provide operation

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reports.
(4) The failure to provide and maintain necessary
safety equipment prescribed by rule.
(5) The failure to maintain cleanliness of the facility
(cracks, leaks, lint, dirt, and sediment).
(6) The improper use of starting platforms.
(7) The failure to maintain equipment in proper work
order (including, but not limited to, skimmers, pumps, and
chlorinators), such that the public is not endangered.
(8) The failure to post Patron Regulations and Bather
Load signs.
(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

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correction imposed by the Department. Type "B" violations shall
include, but not be limited to:
(1) Ongoing repeat Type "A" violations not corrected in
accordance with a notice or inspection report.
(2) The failure to submit a Drowning and Injury Report
within 24 hours.
(3) The failure to provide a lifeguard or a warning
sign as required by the rules.
(4) The failure to maintain water quality in accordance
with Section 820.320 of Title 77 of the Illinois
Administrative Code, and in excess of that allowed for in a
Type "A" violation.
(5) The failure to properly secure the pool area or the
equipment/storage area.
(6) The failure to maintain any operational reports.
(7) The failure to obey assigned bather load.
(8) The failure to properly display a
Department-issued license.
(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

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improper by the Department. Type "C" violations shall include,
but not be limited to:
(1) The failure to obtain a license prior to operating.
(2) The failure to construct the pool in accordance
with the Department-issued permit to construct.
(3) The failure to secure a permit to alter the pool.
(4) The failure to close the pool in accordance with
the rules.
(5) The failure to obey any lawful order of the
Department.
(6) The failure to provide access to the facility by
the Department or any duly appointed agent thereof.
(7) The failure to post a Department-issued closure
order.
(8) Operating the facility in a manner that results in
imminent danger to the public.
(9) Submitting fraudulent documentation to the
Department or a duly appointed agent thereof.
(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
probability that death or serious physical harm to the
public will result or has resulted; the severity of the
actual or potential harm; and the extent to which the
provisions of the applicable statutes or regulations were

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violated.
(2) The reasonable diligence exercised by the licensee
and efforts to correct violations.
(3) Any previous violations committed by the licensee.
(4) The financial benefit to the facility for
committing or continuing the violation.
Type "A" violations shall carry no penalty provided they
are corrected within the terms set forth by this Act and in
accordance with the rules established under this Act. Type "B"
violations may be assessed a penalty of $25 per day for each
day the violation exists. Type "C" violations may be assessed a
penalty of $100 per day for each day the violation exists, in
addition to any other penalties provided for by law.
(f) The Department may not impose penalties on a swimming
facility that is in violation of the federal Virginia Graeme
Baker Pool and Spa Safety Act until October 1, 2012 if the
swimming facility has applied on or before October 1, 2011 to
become compliant with that Act.
(Source: P.A. 96-1081, eff. 7-16-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.