SWIMMING FACILITY-CONSTRUCTION, the official text

HB3050 Enrolled                     LRB104 09861 BAB 19929 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Swimming Facility Act is amended by

5 changing Sections 3 and 5 and by adding Sections 3.25, 3.26,

6 and 21.2 as follows:

7   (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203)

8   Sec. 3. Definitions. As used in this Act, unless the

9 context otherwise requires, the terms specified in Sections

10 3.01 through 3.26 3.24 have the meanings ascribed to them in

11 those Sections.

12 (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.)

13  (210 ILCS 125/3.25 new)

14  Sec. 3.25. Cold spa. "Cold spa" means a basin of cold water

15 that is maintained at a cold temperature. "Cold Spa" does not

16 include the use or installation of portable, manufactured, or

17 commercially available cold spas unless they comply with the

18 provisions of this Act.

19  (210 ILCS 125/3.26 new)

20  Sec. 3.26. Cold water. "Cold water" means water that is

21 maintained between 40 degrees Fahrenheit and 60 degrees
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1 Fahrenheit.

2   (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)

3   Sec. 5. Permit for construction or major alteration. No

4 swimming facility shall be constructed or altered in a major

5 manner until plans, specifications, and other information

6 relative to such swimming facility and appurtenant facilities

7 as may be requested on forms provided by the Department are

8 submitted to and reviewed by the Department and found to

9 comply with minimum sanitary and safety requirements and

10 design criteria, and until a permit for the construction or

11 major alteration is issued by the Department. Permits are

12 valid for a period of 2 years one year from date of issue. They

13 may be reissued upon application to the Department and payment

14 of the permit fee.

15  The fee to be paid by an applicant for a permit for

16 construction, major alteration, or installation of each

17 swimming facility shall be in accordance with Sections 8.1,

18 8.2, and 8.3 of this Act and shall accompany such application.

19 (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.)

20  (210 ILCS 125/21.2 new)

21  Sec. 21.2. Operation of cold spa. It is lawful for a

22 licensee to operate a cold spa in a manner that complies with

23 the provisions of this Act and the rules adopted under this

24 Act, subject to the following conditions:
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1   (1) the licensee must display a sign posted in a

2   conspicuous position that allows the patron to read the

3   sign prior to entering the cold spa warning users about

4   the risks associated with the use of cold spas and

5   recommended guidelines, including, but not limited to:

6   (A) patrons are to notify staff before using the

7   cold spa;

8   (B) the operating temperature, which shall not be

9   less than 40 degrees Fahrenheit;

10  (C) the duration of time for the use of cold spas;

11  (D) the possible impact on clear thinking and

12  restriction of normal physical activity; and

13  (E) discomfort or pain that may be experienced

14  during rewarming;

15  (2) the licensee must prohibit use of the cold spa by

16  children under the age of 14;

17  (3) the licensee must ensure that there is an employee

18  on staff during business hours who is trained in

19  recognizing the signs and symptoms of hypothermia and who

20  is certified in first aid and basic cardiopulmonary

21  resuscitation;

22  (4) the licensee must have at least one hypothermic

23  thermometer or electronic thermometer capable of aiding in

24  the diagnosis of hypothermia on the facility premises;

25  (5) the licensee must include a non-slip deck or mat

26  around the entrance and exit of the cold spa;
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1  (6) the licensee must install a clock or timer in a

2  conspicuous location that can be viewed from anywhere in

3  the cold spa; and

4  (7) the water must be continuously filtered or

5  sanitized, or the water must be drained and replaced with

6  sanitized water between each use.

7  The Department may adopt rules to implement the

8 requirements set forth in this Section.