Full Text of HB4369 102nd General Assembly
HB4369enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 | 21 | | any other lead-bearing
surface coating, the lead hazard shall | 22 | | be 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 | 13 | | disturbance of
any lead-bearing surface shall be conducted by | 14 | | a licensed lead abatement contractor
using licensed lead | 15 | | abatement supervisors or lead abatement workers. The | 16 | | Department may prescribe by rule
mitigation activities that | 17 | | may be performed without a licensed lead abatement contractor, | 18 | | lead abatement supervisor, or lead abatement
worker. The | 19 | | Department may, on a case by case basis, grant a waiver of the
| 20 | | requirement to use licensed lead abatement contractors, lead | 21 | | abatement supervisors, and lead abatement workers, provided
| 22 | | the waiver does not endanger the health or safety of humans.
| 23 | | (4) The Department shall establish procedures whereby an | 24 | | owner,
after receiving a mitigation notice under this Section, | 25 | | may submit a
mitigation plan to the Department or delegate | 26 | | agency for review and approval.
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| 1 | | (5) When a mitigation notice is issued for a dwelling unit | 2 | | inspected as a
result of an elevated blood lead level in a | 3 | | pregnant person or a child, or if
the dwelling unit is occupied | 4 | | by a child 6 years of age or younger or a pregnant person, the | 5 | | owner shall mitigate the hazard within 30 days of receiving | 6 | | the
notice; when no such child or pregnant person occupies the | 7 | | dwelling unit, the owner shall complete the mitigation within | 8 | | 90 days.
| 9 | | (6) An owner may apply to the Department or its delegate | 10 | | agency
for an extension of the deadline for mitigation. If the | 11 | | Department or its
delegate agency determines that the owner is | 12 | | making substantial progress
toward mitigation, or that the | 13 | | failure to meet the deadline is the result
of a shortage of | 14 | | licensed lead abatement contractors, lead abatement | 15 | | supervisors, or lead abatement workers, or that the
failure to | 16 | | meet the deadline is because the owner is awaiting the review
| 17 | | and approval of a mitigation plan, the Department or delegate | 18 | | agency may
grant an extension of the deadline.
| 19 | | (7) The Department or its delegate agency shall may , after | 20 | | the deadline set for
completion of mitigation, conduct a | 21 | | follow-up inspection of any dwelling unit for
which a | 22 | | mitigation notice was issued for the purpose of determining | 23 | | whether the
mitigation actions required have been completed | 24 | | and whether the activities have
sufficiently mitigated the | 25 | | lead hazard as provided under this Section. The
Department or | 26 | | its delegate agency may conduct a follow-up inspection upon |
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| 1 | | the
request of an owner or resident. If, upon completing the | 2 | | follow-up inspection,
the Department or its delegate agency | 3 | | finds that the lead hazard for which the
mitigation notice was | 4 | | issued is not mitigated, the Department or its delegate
agency | 5 | | shall serve the owner with notice of the deficiency and a | 6 | | mitigation
order. The order shall indicate the specific | 7 | | actions the owner must
take to comply with the mitigation | 8 | | requirements of this Act, which may
include lead abatement if | 9 | | lead abatement is the sole means by which the lead hazard
can | 10 | | be mitigated. The order shall also include the date by which | 11 | | the
mitigation shall be completed. If, upon completing the | 12 | | follow-up
inspection, the Department or delegate agency finds | 13 | | that the mitigation
requirements of this Act have been | 14 | | satisfied, the Department or delegate
agency shall provide the | 15 | | owner with a certificate of compliance stating
that the | 16 | | required mitigation has been accomplished.
| 17 | | (Source: P.A. 98-690, eff. 1-1-15 .)
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