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HB 5800

SWIMMING FACILITY CONTRACTOR

104th Regular Session Introduced by Tony McCombie

The bill allows credentialed swimming facility contractors to skip DPH prequalification if properly credentialed and all trade work is licensed, with DPH rulemaking and oversight.

Filed with the Clerk by Rep. Tony M. McCombie
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Bill Summary · HB 5800

Overview

HB5800 proposes changes to the Illinois Swimming Facility Act (210 ILCS 125/31) regarding the prequalification of contractors who perform construction, installation, or major alteration of swimming facilities. The bill introduces an exemption from the Department of Public Health (DPH) prequalification requirement for certain credentialed individuals and clarifies related rulemaking and evidentiary processes.

Purpose and intent

  • To reduce duplicative prequalification requirements by allowing certain credentialed contractors to bypass DPH prequalification.
  • To maintain safety and professional standards by ensuring credentialed contractors’ work is performed by properly licensed tradespeople.
  • To grant the DPH authority to implement and regulate the exemption and related processes.

Key provisions

  1. Prequalification exemption (new subsection a-5):

    • A person is not required to be prequalified by the DPH if all of the following are true:
      • The person is registered and in good standing with the Secretary of State.
      • The person is certified as a Certified Builder Professional by the Pool and Hot Tub Alliance (or holds an equivalent credential as determined by DPH).
      • All trade-specific work is performed by individuals licensed under applicable State law.
    • DPH may require evidence of these credentials before issuing a permit for construction or major alteration.

  2. Current prequalification framework (subsection a):

    • Presently, any person seeking to perform construction, installation, or major alteration must be prequalified by the DPH.
    • Prequalified contractors must be registered and in good standing with the Secretary of State and have public swimming facility construction experience as determined by DPH rules.
    • The Department may not require prequalification more than once every 2 years.

  3. Rulemaking authority (subsection b):

    • DPH may adopt rules to:
      • Implement the exemption (a-5).
      • Govern issuance or renewal of prequalification.
      • Address suspension of prequalification (including interim or emergency suspensions) with specified bases (e.g., safety concerns, fraudulent documentation, criminal indictments, license suspensions, noncompliance).

  4. Grounds for suspension (subsection b, bases listed):

    • Interim or emergency suspension may be issued for factors such as public safety concerns, criminal indictments, license suspensions, noncompliance with state law, or fraudulent documentation.
    • The statute enumerates examples but allows for other bases as determined by rulemaking.

  5. Post-suspension actions (subsection c):

    • If prequalification is suspended without a hearing, DPH must initiate a proceeding within 30 days for suspension or other action.

Who is affected

  • Swimming facility contractors who would otherwise need DPH prequalification.
  • Contractors who hold the specified credentials (Secretary of State registration, Certified Builder Professional or equivalent credential, and licensed trade workers) may be exempt from prequalification, provided they meet all conditions.
  • The Department of Public Health, which gains rulemaking authority to implement the exemption and oversee prequalification processes and suspensions.
  • Trade workers and licensed professionals performing work on swimming facilities, who must be properly licensed under state law.

Procedural and timeline aspects

  • Prequalification frequency: Under current law, prequalification cannot be required more than once every 2 years. HB5800 preserves this constraint for non-exempt cases.
  • Effective implementation: DPH would adopt rules to implement the exemption and manage prequalification issuance, renewal, and suspensions.
  • Evidence submission: DPH may require documentation of credentials before issuing construction/permitting approvals.
  • Suspension process: The bill outlines interim/emergency suspension authorities and requires a follow-up proceeding within 30 days if suspension is without a hearing.

Potential impact and considerations

  • Compliance flexibility: The exemption could reduce administrative burden for credentialed contractors while maintaining safety through credentialing and licensed trade work.
  • Oversight: DPH retains authority to verify credentials and enforce disciplinary actions, including suspensions.
  • Industry effects: Could incentivize contractors to obtain recognized credentials to qualify for exemption, potentially raising professional standards without repetitive prequalification cycles.

Note: This summary reflects the introduced text and provisions as filed in the 104th General Assembly of Illinois.

Compiled from official sources — confirm details with the bill’s official record.

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