Full Text of HB4476 103rd General Assembly
HB4476eng 103RD GENERAL ASSEMBLY | | | HB4476 Engrossed | | LRB103 36190 JAG 66282 b |
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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 Mold Remediation Registration Act is | 5 | | amended by changing Sections 5, 10, 15, 20, and 25 and by | 6 | | adding Section 16 as follows: | 7 | | (410 ILCS 105/5) | 8 | | Sec. 5. Findings. The General Assembly finds that: | 9 | | (1) Excessive indoor dampness in buildings is a | 10 | | widespread problem that warrants action at the local, | 11 | | State, and national levels. | 12 | | (2) Because of the public's concern about the possible | 13 | | public health effects of exposure to mold in buildings, as | 14 | | well as the effects on workers performing remediation | 15 | | work, and the costs of remediation for the property owner, | 16 | | there is a need to identify parties performing mold | 17 | | remediation in the State. | 18 | | (3) Because there is a need to reduce moisture that | 19 | | fosters mold formation in buildings, the State should | 20 | | review current State building codes to ensure that they do | 21 | | not foster mold. | 22 | | (4) Parties providing mold remediation services in | 23 | | residential, public, and commercial buildings in Illinois |
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| 1 | | should be required to register with the State and provide | 2 | | proof of financial responsibility. | 3 | | (5) Laboratories performing tests to confirm mold | 4 | | contamination in buildings should be certified by the | 5 | | American Industrial Hygiene Association using nationally | 6 | | recognized accreditation standards set under the | 7 | | Environmental Microbiology Laboratory Accreditation | 8 | | Program. | 9 | | (6) It is imperative that the citizens of Illinois are | 10 | | aware of the dangers of mold and the need for proper | 11 | | assessment and remediation. | 12 | | (Source: P.A. 95-456, eff. 1-1-08.) | 13 | | (410 ILCS 105/10) | 14 | | Sec. 10. Definitions. As used in this Act: | 15 | | "Department" means the Department of Public Health. | 16 | | "Mold" means any form of multi-cellular fungi in indoor | 17 | | environments, including Cladosporium, penicillium, | 18 | | alternaria, aspergillus, fusarium, Trichoderma, memnoniella, | 19 | | mucor, and stachybotrys chartarum, often found in | 20 | | water-damaged indoor environments and building materials. | 21 | | "Mold remediation" means the removal, cleaning, | 22 | | sanitizing, demolition, or other treatment, including | 23 | | preventive activities, of mold or mold-containment matter in | 24 | | buildings. | 25 | | "Preventative activities" include those intended to |
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| 1 | | prevent future mold contamination of a remediated area, | 2 | | including applying biocides or anti-microbial compounds. | 3 | | "Third-party certification" means a mold remediation | 4 | | certification offered by the Institute of Inspection Cleaning | 5 | | and Restoration Certification, or its successor entity; the | 6 | | National Organization of Remediators and Microbial Inspectors, | 7 | | or its successor entity; or any other national nonprofit | 8 | | organization that has been approved by the Department. | 9 | | (Source: P.A. 95-456, eff. 1-1-08.) | 10 | | (410 ILCS 105/15) | 11 | | Sec. 15. Reporting requirement. The Department must report | 12 | | to the Environment and Energy Committees of the House of | 13 | | Representatives and the Senate, on an annual basis, concerning | 14 | | the implementation of any federal regulations or State rules | 15 | | that establish: | 16 | | (1) scientific evidence concerning any health effects | 17 | | associated with fungi, bacteria, and their byproducts in | 18 | | indoor environments including any indoor air quality | 19 | | standard; and | 20 | | (2) standards for the training, certification, and | 21 | | licensing of parties providing mold remediation services | 22 | | in residential, public, and commercial buildings. | 23 | | (Source: P.A. 95-456, eff. 1-1-08.) | 24 | | (410 ILCS 105/16 new) |
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| 1 | | Sec. 16. Public awareness campaign. The Department shall, | 2 | | in consultation with appropriate agencies and organizations, | 3 | | establish a public awareness campaign to assist the public in | 4 | | understanding the threat of mold in indoor environments and | 5 | | the importance of removing mold. As part of the campaign, the | 6 | | Department shall: | 7 | | (1) Establish a public awareness campaign on the | 8 | | dangers of mold, as well as the potential toxic compounds | 9 | | that they can emit and produce, in accordance with the | 10 | | rules adopted under this Act. As part of the campaign, the | 11 | | Department shall disseminate information via brochures and | 12 | | the Department's website. | 13 | | (2) Provide reference to and contact information for | 14 | | organizations or government agencies that can provide the | 15 | | public with information pertaining to the health effects | 16 | | of mold, testing methods, or accredited industry standards | 17 | | for the remediation of mold. | 18 | | (3) Every 5 years, review technology or treatment | 19 | | techniques for mold identification and remediation that | 20 | | provide additional protections to public health and | 21 | | safety. The review shall be performed in accordance with | 22 | | rules adopted under this Section and include an | 23 | | examination of any new scientific evidence that indicates | 24 | | that mold may present a greater health risk to the public | 25 | | than previously determined. |
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| 1 | | (410 ILCS 105/20) | 2 | | Sec. 20. Rules. The Department shall may adopt rules, | 3 | | under the Illinois Administrative Procedure Act, to implement | 4 | | a program establishing procedures for parties that provide | 5 | | mold remediation services to register with the State and | 6 | | provide evidence of an active third-party certification and | 7 | | evidence of financial responsibility. | 8 | | (Source: P.A. 95-456, eff. 1-1-08.) | 9 | | (410 ILCS 105/25) | 10 | | Sec. 25. Exemptions. The provisions of this Act shall not | 11 | | apply to (i) home builders and remodelers performing work on | 12 | | any residential structure, consisting of 4 or fewer | 13 | | residential units, under the period and terms of the written | 14 | | warranty of that residential structure or (ii) persons | 15 | | licensed in accordance with the Structural Pest Control Act . | 16 | | (Source: P.A. 95-456, eff. 1-1-08.) |
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