(a) Definitions. As used in this section:
"Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, codified at 210 ILCS 9/1, et seq.
"Assisted living establishment" shall have the meaning set forth in the Act.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of assisted living establishment shall be accompanied by the following information:
(1) the location of the establishment;
(2) the total number of residents that will be housed at the establishment at any given time;
(3) the level of care that will be provided at the establishment;
(4) the name and address of the person(s) responsible for administering, supervising or managing the establishment;
(5) proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of assisted living establishment;
(6) any other information required by rules and duly promulgated by the Commissioner of Public Health.
(c) Departmental duties – Inspections.
(1) The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of assisted living establishment, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of assisted living establishment, to so notify the alderman of the affected ward.
(2) The Commissioner of Public Health shall notify the Commissioner of business Affairs and Consumer Protection if the Commissioner of Public Health orders any assisted living establishment closed.
(3) The: (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every assisted living establishment licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the assisted living establishment was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement set forth in item (ii) of this subsection (c)(3) and in subsection (d)(2).
(4) In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
(d) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of assisted living establishment shall be issued to the following persons:
(1) any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of assisted living establishment;
(2) any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of assisted living establishment, the establishment identified in the license application is inspected in accordance with subsection (c)(3) to determine whether the establishment is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
(e) Legal duties. Each licensee engaged in the business of assisted living establishment shall have a duty to:
(1) comply with the minimum requirements and standards applicable to assisted living establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and all rules and regulations promulgated thereunder applicable to assisted living establishments. The Assisted Living and Shared Housing Establishment Act, and all such applicable rules and regulations promulgated thereunder, shall be incorporated herein and shall hereby be made a part of this section;
(2) comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any assisted living establishment licensed or required to be licensed under this chapter;
(3) equip the establishment with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
(4) submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by the Department of Public Health and shall be verified for truthfulness and accuracy and signed by the chief physician or administrator of such establishment.
(f) Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of assisted living establishments. Such rules (i) shall include all minimum requirements and standards for assisted living establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to assisted living establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of assisted living establishments, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.
(g) Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 57; Amend Coun. J. 5-18-16, p. 24131, § 6; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 5; Amend Coun. J. 6-22-22, p. 49372, § 2)