Most Illinois community association boards think of the pool as an amenity. The State of Illinois considers it a licensed public health facility. That gap is where Illinois community associations can get into trouble. The Swimming Facility Act, 210 ILCS 125/1 et seq., and the rules adopted under it at 77 Ill. Adm. Code 820 governs virtually every condominium pool, spa, and splash feature in Illinois, and the Act was amended effective January 1, 2026, to regulate cold spas. This article addresses the key provisions, the takeaways for condominium associations, and practical guidance for Illinois community association boards.
Does the Swimming Facility Act Apply to a Community Association’s Pool?
Yes, Section 3.01 of the Illinois Swimming Facility Act defines a “swimming pool” to include pools at condominiums and other associations having 5 or more living units, and Section 3.18 defines a “living unit” to include a condominium unit. The only meaningful carve-out is for private single-family residences.
The act also reaches beyond the pool. Section 3.10 covers spas, whirlpools, and hot tubs. Section 3.02 covers bathing beaches, and Section 3.16 defines an “aquatic feature” to include a lazy river, water slide, or spray pool. An Illinois community association with a pool, a hot tub, and a splash pad may be operating several regulated facilities, each carrying its own fee exposure under Section 8.1.
Is a license required to operate a swimming facility?
Yes. Section 4 of the Illinois Swimming Facility Act makes it unlawful to open, establish, maintain, or operate a swimming facility without first obtaining a license from the Illinois Department of Public Health or, where applicable, an ordinance health department. The license cannot be sold, assigned, or transferred, and is valid only for the premises for which it was issued.
Section 6 governs renewal and imposes a late fee for renewals submitted after expiration. Section 3.17 of the act adds a “lapsed fee” if the license is not renewed within one year. Notably, Section 6 of the act bars renewal where the licensee owes the Department of Public Health unpaid fines, fees, or penalties. An unpaid violation from last season becomes a closed pool this season.
When Does a Pool Project Require a Permit Under the Illinois Swimming Facility Act?
Section 5 of the Illinois Swimming Facility Act provides that no swimming facility may be constructed or altered in a major manner until plans are submitted to, reviewed by, and approved by the Department, and a permit is issued. Permits are valid for two years.
Section 3.19 of the Illinois Swimming Facility Act defines “major alteration” broadly and as follows:
any change to a swimming facility, its aquatic features, or appurtenances that alters the facility’s functionality or its as-built or as-permitted condition. This includes, but is not limited to, an alteration of a pool that changes the water surface area, depth, or volume, addition of a permanently installed appurtenance such as a diving board, slide, or starting platform, modification of the design of the recirculation system, and replacement or modification of a bather preparation facility. It does not include maintenance, minor repairs, or the replacement of equipment with comparable components.
The line between “comparable components” and a modified recirculation system is not obvious to an Illinois community association board reviewing a contractor’s proposal, and guessing wrong can be expensive, as Section 15.1(d)(3) provides that failure to secure a permit to alter is a Type “C” violation authorizing immediate closure of the facility.
Sections 5.1 and 30 of the act further require the permit application to be made by a prequalified architect or professional engineer, and Section 31 of the Illinois Swimming Facility Act requires anyone performing the work to be prequalified as a swimming facility contractor.
What Are the Violation Types Under the Illinois Swimming Facility Act?
Section 15.1 of the Illinois Swimming Facility Act creates three tiers of violations: (i) type “A” violations, (ii) type “B” violations, and (iii) type “C” violations.
Type A Violations: Type “A” violations must be corrected immediately unless the Department of Public Health provides a fixed period of time (not exceeding 10 days). Examples of type “A” violations include inoperable gauges or flowmeters, failure to maintain necessary safety equipment, failure to maintain cleanliness of the swimming facility, and failure to maintain appropriate water quality, among others. Type “A” violations carry no penalty provided they are corrected within the terms of the Illinois Swimming Facility Act.
Type B Violations: Illinois community associations that receive notice of a Type “B” violation must submit a plan of correction to the Department of Public Health within 10 days of receipt of the notice of violation. The plan must include a fixed time period to correct the violations, which may not exceed 90 days. Examples of type “B” violations include ongoing, uncorrected type “A” violations, failure to secure the pool area properly, and failure to properly display a department-issued license, among others. Type “B” violations may be assessed a penalty of $25 per day for each day the violation exists.
Type C Violations: Type “C” violations include those violations that may lead to serious injury or death of patrons, employees, or the general public. Upon a finding of a type “C” violation, the Department of Public Health may order the immediate closure of a swimming facility. Examples of type “C” violations include failing to secure a permit to alter the pool, failing to provide access to the Department of Public Health upon request, and operating the swimming facility in a manner that results in imminent danger to the public, among others. Type “C” violations may be assessed a penalty of $100 per day for each day the violation exists, in addition to any other penalties
Practical guidance for Illinois Condominium Associations With Pools
- Confirm all required licenses are properly renewed. Illinois community associations that operate swimming facilities should ensure they have obtained the required licenses from the Department of Public Health.
- Do not let a project start without the permit. Illinois community associations that are hoping to alter their swimming facilities must obtain the required permits from the Department of Public Health.
- Hire qualified contractors. Illinois community associations that hope to alter their swimming facilities must engage contractors properly licensed under the Illinois Swimming Facility Act.
- Obtain legal counsel if a violation notice is received. Illinois community associations that receive notice of violations from the Department of Public Health should consult experienced legal counsel to determine the best way to correct the violation and ensure the association does not face penalties.
Conclusion
The Illinois Swimming Facility Act applies to Illinois community associations that operate swimming facilities. An Illinois community association that skips a permit, misses a renewal, or installs an unstaffed cold plunge faces daily penalties, closure, and potentially criminal exposure.
Is your association’s pool compliant with 210 ILCS 125/? The attorneys at Hirzel Law, PLC are experienced community association attorneys who can advise Illinois community associations on licensing and permitting obligations, vendor contracts for pool construction and renovation, and pool rules and regulations.
