|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5791 Introduced , by Rep. Silvana Tabares SYNOPSIS AS INTRODUCED: |
|
410 ILCS 45/9 | from Ch. 111 1/2, par. 1309 |
|
Amends the Lead Poisoning Prevention Act to provide that if an inspection report identifies a lead hazard, then lead abatement must be conducted before any construction to or demolition of the dwelling or residential
building may occur.
|
| |
| | A BILL FOR |
|
|
| | HB5791 | | LRB098 17693 RPM 52807 b |
|
|
1 | | AN ACT concerning public health.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Lead Poisoning Prevention Act is amended by |
5 | | changing 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 |
9 | | Department or
delegate agency shall serve a mitigation notice |
10 | | on the property owner that the
owner is required to mitigate |
11 | | the lead hazard, and shall indicate the time
period specified |
12 | | in this Section in which the owner must complete the
|
13 | | mitigation. The notice shall include information describing |
14 | | mitigation
activities which meet the requirements of this Act.
|
15 | | (2) If the inspection report identifies a lead hazard, the |
16 | | owner shall
mitigate the lead hazard in a manner prescribed by |
17 | | the Department and within
the time limit prescribed by this |
18 | | Section. The Department shall adopt rules
regarding acceptable |
19 | | methods of mitigating a lead hazard. If the source of the
lead |
20 | | hazard identified in the inspection report is lead paint or any |
21 | | other
leaded surface coating, the lead hazard shall be deemed |
22 | | to have been mitigated
if:
|
23 | | (A) The surface identified as the source of the hazard |
|
| | HB5791 | - 2 - | LRB098 17693 RPM 52807 b |
|
|
1 | | is no longer in
a condition that produces a hazardous level |
2 | | of leaded chips, flakes, dust
or any other form of leaded |
3 | | substance, that can be ingested or inhaled by
humans, or;
|
4 | | (B) If the surface identified as the source of the |
5 | | hazard is accessible
to children and could reasonably be |
6 | | chewed on by children, the surface
coating is either |
7 | | removed or covered, the surface is removed, or the access
|
8 | | to the leaded surface by children is otherwise prevented as |
9 | | prescribed
by the Department.
|
10 | | (3) Mitigation activities which involve the destruction or |
11 | | disturbance of
any leaded surface shall be conducted by a |
12 | | licensed lead abatement contractor
using licensed lead |
13 | | abatement workers. The Department may prescribe by rule
|
14 | | mitigation activities that may be performed without a licensed |
15 | | contractor or
worker. The Department may, on a case by case |
16 | | basis, grant a waiver of the
requirement to use licensed lead |
17 | | abatement contractors and workers, provided
the waiver does not |
18 | | endanger the health or safety of humans.
|
19 | | (4) The Department shall establish procedures whereby an |
20 | | owner,
after receiving a mitigation notice under this Section, |
21 | | may submit a
mitigation plan to the Department or delegate |
22 | | agency for review and approval.
|
23 | | (5) When a mitigation notice is issued for a dwelling unit |
24 | | inspected as a
result of an elevated blood lead level in a |
25 | | pregnant woman or a child, or if
the dwelling unit is occupied |
26 | | by a child under 6 years of age or a pregnant
woman, the owner |
|
| | HB5791 | - 3 - | LRB098 17693 RPM 52807 b |
|
|
1 | | shall mitigate the hazard within 30 days of receiving the
|
2 | | notice; otherwise, the owner shall complete the mitigation |
3 | | within 90 days.
|
4 | | (6) An owner may apply to the Department or its delegate |
5 | | agency
for an extension of the deadline for mitigation. If the |
6 | | Department or its
delegate agency determines that the owner is |
7 | | making substantial progress
toward mitigation, or that the |
8 | | failure to meet the deadline is the result
of a shortage of |
9 | | licensed abatement contractors or workers, or that the
failure |
10 | | to meet the deadline is because the owner is awaiting the |
11 | | review
and approval of a mitigation plan, the Department or |
12 | | delegate agency may
grant an extension of the deadline.
|
13 | | (7) The Department or its delegate agency may, after the |
14 | | deadline set for
completion of mitigation, conduct a follow-up |
15 | | inspection of any dwelling for
which a mitigation notice was |
16 | | issued for the purpose of determining whether the
mitigation |
17 | | actions required have been completed and whether the activities |
18 | | have
sufficiently mitigated the lead hazard as provided under |
19 | | this Section. The
Department or its delegate agency may conduct |
20 | | a follow-up inspection upon the
request of an owner or |
21 | | resident. If, upon completing the follow-up inspection,
the |
22 | | Department or its delegate agency finds that the lead hazard |
23 | | for which the
mitigation notice was issued is not mitigated, |
24 | | the Department or its delegate
agency shall serve the owner |
25 | | with notice of the deficiency and a mitigation
order. The order |
26 | | shall indicate the specific actions the owner must
take to |
|
| | HB5791 | - 4 - | LRB098 17693 RPM 52807 b |
|
|
1 | | comply with the mitigation requirements of this Act, which may
|
2 | | include abatement if abatement is the sole means by which the |
3 | | lead hazard
can be mitigated. The order shall also include the |
4 | | date by which the
mitigation shall be completed. If, upon |
5 | | completing the follow-up
inspection, the Department or |
6 | | delegate agency finds that the mitigation
requirements of this |
7 | | Act have been satisfied, the Department or delegate
agency |
8 | | shall provide the owner with a certificate of compliance |
9 | | stating
that the required mitigation has been accomplished.
|
10 | | (8) If an inspection report identifies a lead hazard, then |
11 | | lead abatement must be conducted before any construction to or |
12 | | demolition of the dwelling or residential
building may occur. |
13 | | (Source: P.A. 87-175; 87-1144.)
|