Section 845.20  Definitions

 

For purposes of this Part, the following terms have the meanings ascribed in this Section.

 

"Act" means the Lead Poisoning Prevention Act [410 ILCS 45].

 

"Blood Lead Test" means a blood lead testing by venous or capillary methodology.

 

"Case Management" means any activity that involves coordinating, providing and overseeing the services required to reduce blood lead levels.

 

"CDC" means the Centers for Disease Control and Prevention.

 

"Child" means a person under the age of 16.

 

"Child Care Facility and School" means any structure used by a child care provider required to be licensed by the Department of Children and Family Services or charter, public or private school structure frequented by children 6 years of age or younger.  (Section 2 of the Act)

 

"Childhood Lead Risk Questionnaire" means the questionnaire developed by the Department for use by physicians and other health care providers to determine risk factors for children 6 years of age or younger residing in areas designated as low risk for lead exposure. (Section 2 of the Act)

 

"Common Area" means a portion of a regulated facility that is generally accessible to all occupants, including, but not limited to, hallways, stairways, laundry rooms, playgrounds, garages, and boundary fences.

 

"Complete Address" means an address that states the full street name, street number, unit number, city, state and zip code.  A post office box number with city, state and zip code does not constitute a "complete address".

 

"Confirmed Blood Lead Level" means a blood lead level resulting from a single venous blood lead test. Elevated capillary blood test results shall be confirmed by a venous test.

 

"Delegate Agency" means a unit of local government or health department approved by the Department in accordance with Section 845.50 of this Part to carry out the provisions of the Act.  (Section 2 of the Act)

 

"Department" means the Department of Public Health of the State of Illinois.  (Section 2 of the Act)

 

"Director" means the Director of Public Health. (Section 2 of the Act)

 

"Dwelling Unit" means an individual unit within a residential building used or intended to be used as living quarters for one household. (Section 2 of the Act)

 

"Elevated Blood Lead Level" or "EBL" means a blood lead level greater than or equal to 3.5 micrograms per deciliter (µg/dL) of whole blood. For purposes of this definition, the EBL shall remain equal to or greater than 5 micrograms per deciliter (µg/dL) of whole blood through December 31, 2024 and the EBL shall be equal to or greater than 3.5 micrograms per deciliter (µg/dL) of whole blood effective January 1, 2025.

 

"EBL Inspection" means a lead inspection, lead risk assessment, and any necessary follow-up in a regulated facility to determine the sources of lead exposure. EBL inspections shall only be performed by the Department or delegate agency personnel licensed as a lead risk assessor.

 

"Final Clearance Evaluation" means the activity of performing a visual assessment and collecting dust wipe samples following a lead abatement or lead mitigation for the purpose of determining compliance with the Department's standard for lead dust levels to ensure that lead hazard control work was successfully completed.

 

"Health Care Provider" means any person providing health care services to children, including, but not limited to, anyone who is authorized pursuant to the Illinois Clinical Laboratory and Blood Bank Act [210 ILCS 25] to request the testing of specimens.

 

"HEPA" means a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles greater than 0.3 micrometers in mass median aerodynamic equivalent diameter.

 

"HUD" means United States Department of Housing and Urban Development.

 

"Intact Surface" means a surface with no loose, peeling, chipping, flaking, or otherwise separating from substrate.  Intact surfaces must not be damaged or worn down in any way that would make paint or debris accessible to children.

 

"Lead Abatement" means any approved work practices found in Subpart F that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility. (Section 2 of the Act)

 

"Lead Abatement Contractor" means any person or entity licensed by the Department to perform lead abatement and mitigation.  (Section 2 of the Act)

 

"Lead Abatement Supervisor" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and lead mitigation and to supervise lead workers who perform lead abatement and lead mitigation. (Section 2 of the Act)

 

"Lead Abatement Worker" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and lead mitigation. (Section 2 of the Act)

 

"Lead Activities" means the conduct of any lead services, including lead inspection, lead risk assessment, lead mitigation, or lead abatement work or supervision in a regulated facility. (Section 2 of the Act)

 

"Lead Bearing Substance" means any item or part of an item, excluding existing paint already applied to a regulated facility, containing or coated with lead such that the lead content is greater than or equal to 90 ppm; or any dust on surfaces or in furniture or other non-permanent elements of the regulated facility with lead content in excess of the limits specified in Section 845.205(c); or any accessible or bare soil containing lead in excess of the limits specified in Section 845.205(b); or any existing house paint or other surface coating material containing greater than or equal to 0.5% lead or greater than or equal to 1.0 mg/cm² lead; or paint or consumer product that exceeds federal Consumer Products Safety Commission or USEPA or HUD standards; or item or dust on item containing lead in excess of the amount specified in this Part or a lower standard for lead content as may be established by federal law or rule. "Lead-bearing Substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act. (Section 2 of the Act)

 

"Lead Hazard" means a lead-bearing substance that poses an immediate health hazard to humans.  (Section 2 of the Act)  Lead hazard includes a condition in which exposure to lead from lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint, or lead in water from a plumbing system would have an adverse effect on human health.

 

"Lead Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and lead-bearing substances. (Section 2 of the Act)

 

"Lead Inspector" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead inspections; to sample for the presence of lead in paint, dust, soil, and water; and to conduct final clearance evaluations and compliance investigations. (Section 2 of the Act)

 

"Lead Mitigation" means the remediation of a lead hazard so that a lead-bearing substance does not pose an immediate health hazard to humans. (Section 2 of the Act)

 

"Lead Poisoning" means the condition of having an EBL.  (Section 2 of the Act)

 

"Lead Risk Assessment" means an on-site investigation to determine the existence, nature, severity and location of lead hazards.  Lead risk assessment includes any lead sampling and visual assessment associated with conducting a lead risk assessment and lead hazard screen and all lead sampling associated with final clearance evaluations. (Section 2 of the Act)

 

"Lead Risk Assessor" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead risk assessments, lead inspections, and lead hazard screens; to sample for the presence of lead in paint, dust, soil and water; and to conduct compliance investigations and final clearance evaluations. (Section 2 of the Act)

 

"Lead Training Program Provider" means any person providing Department-approved lead training in Illinois to individuals seeking licensure in accordance with the Act and this Part. (Section 2 of the Act)

 

"Local Health Department" means the health department or board of health, as recognized by the Department, that has jurisdiction over the particular geographical area in which the person lives.

 

"Owner" means any person who alone, jointly, or severally with others:

 

Has legal title to any regulated facility, with or without actual possession of the regulated facility; or

 

Has charge, care, or control of the regulated facility as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.  (Section 2 of the Act)

 

"Person" means any individual, partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent or assign.  (Section 2 of the Act)

 

"Prenatal-risk Evaluation for Lead Exposure" means the questionnaire developed by the Department for use by physicians and other health care providers to determine if a pregnant person is at risk for lead exposure and should be administered a blood lead test.

 

"Regulated Facility" means a residential building or child care facility or school. (Section 2 of the Act)

 

"Regulatory Investigation" means the activities of the Department or delegate agency to determine compliance with the Act and this Part, including, but not limited to, records review of licensed lead risk assessor or lead inspector reports, visual inspection and records review of a lead abatement contractor's work practices at a lead abatement or lead mitigation project, and assessment of penalties for non-compliance when warranted.

 

"Residential Building" means any room, group of rooms, or other interior areas of a structure designed or used for human habitation; common areas accessible by inhabitants; and the surrounding property or structures.  (Section 2 of the Act)

 

"Room Equivalent" means an identifiable part of a regulated facility, such as a room, a house exterior, a foyer, a staircase, a hallway or an exterior area.

 

"Testing Combination" means a unique combination of room equivalent, building component type, and substrate.

 

"Training Hour" means at least 50 minutes of actual teaching, including time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on experience.

 

"USEPA" means the United States Environmental Protection Agency.

 

"Window Stool" means the lower part of the window's shelf-like portion of the frame, inside the house, that is flat and extends inward from the bottom rail of a sash (sometimes called a "window sill").

 

"Work Area" means the interior and exterior areas where lead mitigation or lead abatement are conducted. 

 

"XRF" means X-ray fluorescence analyzer used to measure lead in soil, dust and paint samples.

 

(Source:  Amended at 48 Ill. Reg. 12384, effective August 5, 2024)