HB4369 EngrossedLRB102 23244 CPF 32408 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Section 9 as follows:
6    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
7    Sec. 9. Procedures upon determination of lead hazard.
8    (1) If the inspection report identifies a lead hazard, the
9Department or delegate agency shall serve a mitigation notice
10on the property owner that the owner is required to mitigate
11the lead hazard, and shall indicate the time period specified
12in this Section in which the owner must complete the
13mitigation. The notice shall include information describing
14mitigation activities which meet the requirements of this Act.
15    (2) If the inspection report identifies a lead hazard, the
16owner shall mitigate the lead hazard in a manner prescribed by
17the Department and within the time limit prescribed by this
18Section. The Department shall adopt rules regarding acceptable
19methods of mitigating a lead hazard. If the source of the lead
20hazard identified in the inspection report is lead paint or
21any other lead-bearing surface coating, the lead hazard shall
22be deemed to have been mitigated if:
23        (A) the surface identified as the source of the lead



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1    hazard is no longer in a condition that produces a
2    hazardous level of lead chips, flakes, dust or any other
3    form of lead-bearing substance, that can be ingested or
4    inhaled by humans;
5        (B) the surface identified as the source of the lead
6    hazard is no longer accessible to children and could not
7    reasonably be chewed on by children; or
8        (C) the surface coating identified as the source of
9    the lead hazard is either removed or covered, or child
10    access to the lead-bearing surface is otherwise prevented
11    as prescribed by the Department.
12    (3) Mitigation activities which involve the destruction or
13disturbance of any lead-bearing surface shall be conducted by
14a licensed lead abatement contractor using licensed lead
15abatement supervisors or lead abatement workers. The
16Department may prescribe by rule mitigation activities that
17may be performed without a licensed lead abatement contractor,
18lead abatement supervisor, or lead abatement worker. The
19Department may, on a case by case basis, grant a waiver of the
20requirement to use licensed lead abatement contractors, lead
21abatement supervisors, and lead abatement workers, provided
22the waiver does not endanger the health or safety of humans.
23    (4) The Department shall establish procedures whereby an
24owner, after receiving a mitigation notice under this Section,
25may submit a mitigation plan to the Department or delegate
26agency for review and approval.



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1    (5) When a mitigation notice is issued for a dwelling unit
2inspected as a result of an elevated blood lead level in a
3pregnant person or a child, or if the dwelling unit is occupied
4by a child 6 years of age or younger or a pregnant person, the
5owner shall mitigate the hazard within 30 days of receiving
6the notice; when no such child or pregnant person occupies the
7dwelling unit, the owner shall complete the mitigation within
890 days.
9    (6) An owner may apply to the Department or its delegate
10agency for an extension of the deadline for mitigation. If the
11Department or its delegate agency determines that the owner is
12making substantial progress toward mitigation, or that the
13failure to meet the deadline is the result of a shortage of
14licensed lead abatement contractors, lead abatement
15supervisors, or lead abatement workers, or that the failure to
16meet the deadline is because the owner is awaiting the review
17and approval of a mitigation plan, the Department or delegate
18agency may grant an extension of the deadline.
19    (7) The Department or its delegate agency shall may, after
20the deadline set for completion of mitigation, conduct a
21follow-up inspection of any dwelling unit for which a
22mitigation notice was issued for the purpose of determining
23whether the mitigation actions required have been completed
24and whether the activities have sufficiently mitigated the
25lead hazard as provided under this Section. The Department or
26its delegate agency may conduct a follow-up inspection upon



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1the request of an owner or resident. If, upon completing the
2follow-up inspection, the Department or its delegate agency
3finds that the lead hazard for which the mitigation notice was
4issued is not mitigated, the Department or its delegate agency
5shall serve the owner with notice of the deficiency and a
6mitigation order. The order shall indicate the specific
7actions the owner must take to comply with the mitigation
8requirements of this Act, which may include lead abatement if
9lead abatement is the sole means by which the lead hazard can
10be mitigated. The order shall also include the date by which
11the mitigation shall be completed. If, upon completing the
12follow-up inspection, the Department or delegate agency finds
13that the mitigation requirements of this Act have been
14satisfied, the Department or delegate agency shall provide the
15owner with a certificate of compliance stating that the
16required mitigation has been accomplished.
17(Source: P.A. 98-690, eff. 1-1-15.)