SWIMMING FACILITY CONTRACTOR

Illinois General Assembly - Full Text of HB5800

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HB5800 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5800

Introduced , by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

210 ILCS 125/31

Amends the Swimming Facility Act. Prohibits the Department of Public
Health from requiring a person seeking to perform construction,
installation, or major alteration of a swimming facility to be
prequalified more than once every 2 years. Provides that a person seeking
to perform construction, installation, or major alteration of a swimming
facility is not required to prequalify with the Department of Public
Health before performing the construction, installation, or major
alteration of a swimming facility if the person is registered and in good
standing with the Secretary of State, is certified as a Certified Builder
Professional by the Pool and Hot Tub Alliance or holds an equivalent
credential as determined by the Department of Public Health, and ensures
all trade-specific work is performed by individuals licensed under
applicable State law. Provides that the Department of Public Health may
require evidence of such credentials to be submitted before issuing a
permit for construction or major alteration. Grants the Department of
Public Health rulemaking authority to implement the prequalification
exemption.
LRB104 22032 BAB 38093 b

A BILL FOR

HB5800
LRB104 22032 BAB 38093 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 Section 31 as follows:

6

(210 ILCS 125/31)
7

Sec. 31.
Prequalified swimming facility contractor.
8

(a)
Except as provided in subsection (a-5), any

Any
person
9
seeking to perform construction, installation, or major
10
alteration of a swimming facility must be prequalified by the
11
Department. A prequalified swimming facility contractor must
12
be registered and in good standing with the Secretary of State
13
and possess public swimming facility construction experience
14
as determined by rules promulgated by the Department. Persons
15
seeking prequalification pursuant to this Section shall apply
16
for prequalification pursuant to rules adopted by the
17
Department.
The Department must not require a person seeking
18
to perform construction, installation, or major alteration of
19
a swimming facility to be prequalified more than once every 2
20
years.
21

(a-5) A person seeking to perform construction,
22
installation, or major alteration of a swimming facility is
23
not required to be prequalified by the Department if the

HB5800
- 2 -
LRB104 22032 BAB 38093 b
1
person: (i) is registered and in good standing with the
2
Secretary of State, (ii) is certified as a Certified Builder
3
Professional by the Pool and Hot Tub Alliance or holds an
4
equivalent credential as determined by the Department of
5
Public Health, and (iii) ensures all trade-specific work is
6
performed by individuals licensed under applicable State law.
7
The Department of Public Health may require evidence of such
8
credentials to be submitted before issuing a permit for
9
construction or major alteration.

10

(b) In addition to any other power granted in this Act to
11
adopt rules, the Department may adopt
rules relating to the
12
exemption established under subsection (a-5) and
rules
13
relating to the issuance or renewal of the prequalification of
14
a swimming facility contractor or the suspension of the
15
prequalification of any such person or entity, including,
16
without limitation, an interim or emergency suspension without
17
a hearing founded on any one or more of the bases set forth in
18
this subsection.
19

The bases for an interim or emergency suspension of the
20
prequalification of a swimming facility contractor include,
21
but are not limited to, the following:
22

(1) A finding by the Department that the public
23

interest, safety, or welfare requires a summary suspension
24

of the prequalification without a hearing.
25

(2) The occurrence of an event or series of events
26

which, in the Department's opinion, warrants a summary

HB5800
- 3 -
LRB104 22032 BAB 38093 b
1

suspension of the prequalification without a hearing. Such
2

events include, without limitation: (i) the indictment of
3

the holder of the prequalification by a State or federal
4

agency or another branch of government for a crime; (ii)
5

the suspension or modification of a license by another
6

State agency or by a federal agency or another branch of
7

government after a hearing; (iii) failure to comply with
8

State law, including, without limitation, this Act and the
9

rules promulgated thereunder; and (iv) submission of
10

fraudulent documentation or the making of false statements
11

to the Department.
12

(c) If a prequalification is suspended by the Department
13
without a hearing for any reason set forth in this Section or
14
in Section 10-65 of the Illinois Administrative Procedure Act,
15
the Department, within 30 days after the issuance of an order
16
of suspension of the prequalification, shall initiate a
17
proceeding for the suspension of or other action upon the
18
prequalification.
19
(Source: P.A. 97-957, eff. 1-1-13.)

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