Public Act 104-0269
 
HB3050 EnrolledLRB104 09861 BAB 19929 b

    AN ACT concerning regulation.
 
    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 Sections 3 and 5 and by adding Sections 3.25, 3.26,
and 21.2 as follows:
 
    (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 3.26 3.24 have the meanings ascribed to them in
those Sections.
(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.)
 
    (210 ILCS 125/3.25 new)
    Sec. 3.25. Cold spa. "Cold spa" means a basin of cold water
that is maintained at a cold temperature. "Cold Spa" does not
include the use or installation of portable, manufactured, or
commercially available cold spas unless they comply with the
provisions of this Act.
 
    (210 ILCS 125/3.26 new)
    Sec. 3.26. Cold water. "Cold water" means water that is
maintained between 40 degrees Fahrenheit and 60 degrees
Fahrenheit.
 
    (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 or altered in a major
manner until plans, specifications, and other information
relative to such swimming facility and appurtenant facilities
as may be requested on forms provided 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
major alteration is issued by the Department. Permits are
valid for a period of 2 years one year from date of issue. They
may be reissued upon application to the Department and payment
of the permit fee.
    The fee to be paid by an applicant for a permit for
construction, major alteration, or installation of each
swimming facility shall be in accordance with Sections 8.1,
8.2, and 8.3 of this Act and shall accompany such application.
(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.)
 
    (210 ILCS 125/21.2 new)
    Sec. 21.2. Operation of cold spa. It is lawful for a
licensee to operate a cold spa in a manner that complies with
the provisions of this Act and the rules adopted under this
Act, subject to the following conditions:
        (1) the licensee must display a sign posted in a
    conspicuous position that allows the patron to read the
    sign prior to entering the cold spa warning users about
    the risks associated with the use of cold spas and
    recommended guidelines, including, but not limited to:
            (A) patrons are to notify staff before using the
        cold spa;
            (B) the operating temperature, which shall not be
        less than 40 degrees Fahrenheit;
            (C) the duration of time for the use of cold spas;
            (D) the possible impact on clear thinking and
        restriction of normal physical activity; and
            (E) discomfort or pain that may be experienced
        during rewarming;
        (2) the licensee must prohibit use of the cold spa by
    children under the age of 14;
        (3) the licensee must ensure that there is an employee
    on staff during business hours who is trained in
    recognizing the signs and symptoms of hypothermia and who
    is certified in first aid and basic cardiopulmonary
    resuscitation;
        (4) the licensee must have at least one hypothermic
    thermometer or electronic thermometer capable of aiding in
    the diagnosis of hypothermia on the facility premises;
        (5) the licensee must include a non-slip deck or mat
    around the entrance and exit of the cold spa;
        (6) the licensee must install a clock or timer in a
    conspicuous location that can be viewed from anywhere in
    the cold spa; and
        (7) the water must be continuously filtered or
    sanitized, or the water must be drained and replaced with
    sanitized water between each use.
    The Department may adopt rules to implement the
requirements set forth in this Section.