Full Text of HB5410 98th General Assembly
HB5410enr 98TH GENERAL ASSEMBLY |
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| 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 Sections 2, 3, 4, 5, 6, 6.01, 6.1, 6.2, 6.3, 7, 7.1, | 6 | | 7.2, 8, 8.1, 8.2, 9, 9.1, 9.4, 10, 11, 11.05, 11.1, 13, and 14 | 7 | | and by adding Sections 8.3 and 12.2 as follows:
| 8 | | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
| 9 | | Sec. 2. Definitions. As used in this Act:
| 10 | | "Abatement" means the removal or encapsulation of all | 11 | | leadbearing
substances in a residential building or dwelling | 12 | | unit.
| 13 | | "Child care facility" means any structure used by a child | 14 | | care
provider licensed by the Department of Children and Family | 15 | | Services or
public or private school structure frequented by | 16 | | children through 6 years of
age or younger .
| 17 | | "Childhood Lead Risk Questionnaire" means the | 18 | | questionnaire developed by the Department for use by physicians | 19 | | and other health care providers to determine risk factors for | 20 | | children 6 years of age or younger residing in areas designated | 21 | | as low risk for lead exposure. | 22 | | "Delegate agency" means a unit of local government or | 23 | | health
department approved by the Department to carry out the |
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| 1 | | provisions of this Act.
| 2 | | "Department" means the Department of Public Health of the | 3 | | State of
Illinois .
| 4 | | "Director" means the Director of Public Health. | 5 | | "Dwelling" means any structure all or part of which is | 6 | | designed or
used for human habitation.
| 7 | | "Dwelling unit" means an individual unit within a | 8 | | residential building used as living quarters for one household. | 9 | | "Elevated blood lead level" means a blood lead level in | 10 | | excess of those considered within the permissible limits as | 11 | | established under State and federal rules. | 12 | | "Exposed surface" means any interior or exterior surface of
| 13 | | a regulated facility. | 14 | | "High risk area" means an area in the State determined by | 15 | | the Department to
be high risk for lead exposure for children | 16 | | through 6 years of age or younger . The
Department may shall | 17 | | consider, but is not be limited to, the following factors to
| 18 | | determine a high risk area: age and condition (using Department | 19 | | of Housing and
Urban
Development definitions of "slum" and | 20 | | "blighted") of housing, proximity to
highway traffic or heavy | 21 | | local traffic or both, percentage of housing
determined as | 22 | | rental or vacant, proximity to industry using lead, established
| 23 | | incidence of elevated blood lead levels in children, percentage | 24 | | of population
living
below 200% of federal poverty guidelines, | 25 | | and number of children residing in
the area who are 6 years of | 26 | | age or younger.
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| 1 | | "Exposed surface" means any interior or exterior surface of | 2 | | a dwelling or
residential building.
| 3 | | "Lead abatement" means any approved work practices that | 4 | | will permanently eliminate lead exposure or remove the | 5 | | lead-bearing substances in a regulated facility. The | 6 | | Department shall establish by rule which work practices are | 7 | | approved or prohibited for lead abatement. | 8 | | "Lead abatement contractor" means any person or entity | 9 | | licensed by the
Department to perform lead abatement and | 10 | | mitigation.
| 11 | | "Lead abatement supervisor" means any person employed by a | 12 | | lead abatement contractor and licensed by the Department to | 13 | | perform lead abatement and lead mitigation and to supervise | 14 | | lead workers who perform lead abatement and lead mitigation. | 15 | | "Lead abatement worker" means any person employed by a lead | 16 | | abatement
contractor and licensed by the Department to perform | 17 | | lead abatement and
mitigation.
| 18 | | "Lead activities" means the conduct of any lead services, | 19 | | including, lead inspection, lead risk assessment, lead | 20 | | mitigation, or lead abatement work or supervision in a | 21 | | regulated facility. | 22 | | "Lead-bearing substance" "Lead bearing substance" means | 23 | | any item containing or coated with lead such that the lead | 24 | | content is more than six-hundredths of one percent (0.06%) lead | 25 | | by total weight; or any dust on surfaces or in
furniture or | 26 | | other nonpermanent elements of the regulated facility |
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| 1 | | dwelling ; or any paint or
other surface coating material | 2 | | containing more than five-tenths of one
percent (0.5%) lead by | 3 | | total weight (calculated as lead metal) in the total
| 4 | | non-volatile content of liquid paint; or lead-bearing lead | 5 | | bearing substances containing
greater than one milligram per | 6 | | square centimeter or any lower standard for
lead content in | 7 | | residential paint as may be established by federal law or rule
| 8 | | regulation ; or more than 1 milligram per square centimeter in | 9 | | the dried
film of paint or previously applied substance; or | 10 | | item or dust on item containing lead in
excess of the amount | 11 | | specified in the rules and regulations authorized by
this Act | 12 | | or a lower standard for lead content as may be established by
| 13 | | federal law or rule regulation . "Lead-bearing substance" "Lead | 14 | | bearing substance" does not include firearm ammunition or | 15 | | components as defined by the Firearm Owners Identification Card | 16 | | Act.
| 17 | | "Lead hazard" means a lead-bearing lead bearing substance | 18 | | that poses an
immediate health hazard to humans.
| 19 | | "Lead hazard screen" means a lead risk assessment that | 20 | | involves limited dust and paint sampling for lead-bearing | 21 | | substances and lead hazards. This service is used as a | 22 | | screening tool designed to determine if further lead | 23 | | investigative services are required for the regulated | 24 | | facility. | 25 | | "Lead inspection" means a surface-by-surface investigation | 26 | | to determine the presence of lead-based paint. |
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| 1 | | "Lead inspector" means an individual who has been trained | 2 | | by a Department-approved training program and is licensed by | 3 | | the Department to conduct lead inspections; to sample for the | 4 | | presence of lead in paint, dust, soil, and water; and to | 5 | | conduct compliance investigations. | 6 | | "Lead mitigation" means the remediation, in a
manner | 7 | | described in Section 9, of a lead hazard so that the
| 8 | | lead-bearing substance does not pose an immediate
health hazard | 9 | | to humans. | 10 | | "Lead poisoning" means the condition of having blood lead | 11 | | levels in
excess of those considered safe under State and | 12 | | federal rules and regulations .
| 13 | | "Low risk area" means an area in the State determined by | 14 | | the Department to
be low risk for lead exposure for children | 15 | | through 6 years of age. The
Department shall consider the | 16 | | factors named in "high risk area" to determine
low risk areas.
| 17 | | "Mitigation" means the remediation, in a manner described | 18 | | in Section 9,
of a lead hazard so that the lead bearing | 19 | | substance does not pose an
immediate health hazard to humans.
| 20 | | "Lead risk assessment" means an on-site investigation to | 21 | | determine the existence, nature, severity, and location of lead | 22 | | hazards. "Lead risk assessment" includes any lead sampling and | 23 | | visual assessment associated with conducting a lead risk | 24 | | assessment and lead hazard screen and all lead sampling | 25 | | associated with compliance investigations. | 26 | | "Lead risk assessor" means an individual who has been |
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| 1 | | trained by a Department-approved training program and is | 2 | | licensed by the Department to conduct lead risk assessments, | 3 | | lead inspections, and lead hazard screens; to sample for the | 4 | | presence of lead in paint, dust, soil, water, and sources for | 5 | | lead-bearing substances; and to conduct compliance | 6 | | investigations. | 7 | | "Lead training program provider" means any person | 8 | | providing Department-approved lead training in Illinois to | 9 | | individuals seeking licensure in accordance with the Act. | 10 | | "Low risk area" means an area in the State determined by
| 11 | | the Department to be low risk for lead exposure for children 6 | 12 | | years of age or younger. The Department may consider the | 13 | | factors named in "high risk area" to determine low
risk areas. | 14 | | "Owner" means any person, who alone, jointly, or severally | 15 | | with
others:
| 16 | | (a) Has legal title to any regulated facility dwelling | 17 | | or residential building , with or
without accompanying | 18 | | actual possession of the regulated facility dwelling or | 19 | | residential
building , or
| 20 | | (b) Has charge, care , or control of the regulated | 21 | | facility dwelling or residential
building as owner or agent | 22 | | of the owner, or as executor, administrator,
trustee, or | 23 | | guardian of the estate of the owner.
| 24 | | "Person" means any individual, partnership, firm, company, | 25 | | limited liability company, corporation, association, joint | 26 | | stock company, trust, estate, political subdivision, State |
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| 1 | | agency, or any other legal entity, or their legal | 2 | | representative, agent, or assign one or more natural persons, | 3 | | legal entities,
governmental bodies, or any combination .
| 4 | | "Regulated facility" means a residential building or child | 5 | | care facility. | 6 | | "Residential building" means any room, group of rooms, or | 7 | | other
interior areas of a structure designed or used for human | 8 | | habitation; common
areas accessible by inhabitants; and the | 9 | | surrounding property or structures.
| 10 | | "Risk assessment" means a questionnaire to be developed by | 11 | | the Department
for use by physicians and other health care | 12 | | providers to determine risk factors
for children through 6 | 13 | | years of age residing in areas designated as low risk
for lead | 14 | | exposure.
| 15 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 16 | | (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
| 17 | | Sec. 3. Lead-bearing Lead bearing substance use. No person | 18 | | shall use or apply lead-bearing
lead bearing substances:
| 19 | | (a) In or upon any exposed surface of a regulated facility | 20 | | dwelling or dwelling unit ;
| 21 | | (b) (Blank) In or around the exposed surfaces of a child | 22 | | care facility or
other structure frequented by children ;
| 23 | | (c) In or upon any fixtures or other objects used, | 24 | | installed, or located
in or upon any exposed surface of a | 25 | | regulated facility dwelling or residential building,
or child |
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| 1 | | care facility , or intended
to be so used, installed, or located | 2 | | and that, in the ordinary course of
use, are accessible to or | 3 | | chewable by children;
| 4 | | (d) In or upon any items, including, but not limited to, | 5 | | clothing, accessories, jewelry, decorative objects, edible | 6 | | items, candy, food, dietary supplements, toys, furniture, or | 7 | | other articles used by or intended to be
chewable by children;
| 8 | | (e) Within or upon a regulated facility residential | 9 | | building or dwelling, child care
facility, school , playground, | 10 | | park, or recreational
area, or other areas regularly frequented | 11 | | by children.
| 12 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 13 | | (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
| 14 | | Sec. 4. Sale of items containing lead-bearing lead bearing | 15 | | substance. No person shall sell, have, offer for sale, or | 16 | | transfer toys,
furniture, clothing, accessories, jewelry, | 17 | | decorative objects, edible items, candy, food, dietary | 18 | | supplements, or other articles used by or intended to be | 19 | | chewable by children that contains a lead-bearing lead bearing | 20 | | substance.
| 21 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 22 | | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
| 23 | | Sec. 5. Sale of objects containing lead-bearing lead | 24 | | bearing substance. No person
shall sell or transfer or offer |
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| 1 | | for sale or transfer any fixtures or other
objects intended to | 2 | | be used, installed, or located in or upon any surface
of a | 3 | | regulated facility dwelling or residential building, or child | 4 | | care facility , that
contains a lead-bearing lead bearing | 5 | | substance and that, in the ordinary course of use,
are | 6 | | accessible to or chewable by children.
| 7 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 8 | | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
| 9 | | Sec. 6. Warning statement. | 10 | | (a) Definitions. As used in this Section: | 11 | | "Body piercing jewelry" means any part of jewelry that is
| 12 | | manufactured or sold for placement in a new piercing or a | 13 | | mucous
membrane, but does not include any part of that jewelry | 14 | | that is not
placed within a new piercing or a mucous membrane. | 15 | | "Children's jewelry" means jewelry that is made for, | 16 | | marketed for use by, or marketed to children under the age of | 17 | | 12 and includes jewelry that meets any of the following | 18 | | conditions: | 19 | | (1) represented in its packaging, display, or | 20 | | advertising as appropriate for use by children under the | 21 | | age of 12; | 22 | | (2) sold in conjunction with, attached to, or packaged | 23 | | together with other products that are packaged, displayed, | 24 | | or advertised as appropriate for use by children under the | 25 | | age of 12; |
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| 1 | | (3) sized for children and not intended for use by | 2 | | adults; or | 3 | | (4) sold in any of the following places: a vending | 4 | | machine; a retail store, catalogue, or online Web site in | 5 | | which a person exclusively offers for sale products that | 6 | | are packaged, displayed, or advertised as appropriate for | 7 | | use by children; or a discrete portion of a retail store, | 8 | | catalogue, or online Web site in which a person offers for | 9 | | sale products that are packaged, displayed or advertised as | 10 | | appropriate for use by children. | 11 | | "Child care article" means an item that is designed or | 12 | | intended by the manufacturer to facilitate the sleep, | 13 | | relaxation, or feeding of children under the age of 6 years of | 14 | | age or younger or to help with children under the age of 6 | 15 | | years of age or younger who are sucking or teething. An item | 16 | | meets this definition if it is (i) designed or intended to be | 17 | | used directly in the mouth by the child or (ii) is used to | 18 | | facilitate sleep, relaxation, or feeding of children under the | 19 | | age of 6 years of age or younger or help with children under | 20 | | the age of 6 years of age or younger who are sucking or | 21 | | teething and, because of its proximity to the child, is likely | 22 | | to be mouthed, chewed, sucked, or licked. | 23 | | "Jewelry" means any of the following ornaments worn by a | 24 | | person: | 25 | | (A) Ankle bracelet. | 26 | | (B) Arm cuff. |
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| 1 | | (C) Bracelet. | 2 | | (D) Brooch. | 3 | | (E) Chain. | 4 | | (F) Crown. | 5 | | (G) Cuff link. | 6 | | (H) Hair accessory. | 7 | | (I) Earring. | 8 | | (J) Necklace. | 9 | | (K) Decorative pin. | 10 | | (L) Ring. | 11 | | (M) Body piercing jewelry. | 12 | | (N) Jewelry placed in the mouth for display or | 13 | | ornament. | 14 | | (O) Any charm, bead, chain, link, pendant, or other | 15 | | component of the items listed in this definition. | 16 | | (P) A charm, bead, chain, link, pendant, or other | 17 | | attachment to
shoes or clothing that can be removed and may | 18 | | be used as a component
of an item listed in this | 19 | | definition. | 20 | | (Q) A watch in which a timepiece is a component of an | 21 | | item
listed in this definition, excluding the timepiece | 22 | | itself if the
timepiece can be removed from the ornament. | 23 | | "Toy containing paint" means a toy with an accessible | 24 | | component containing any external coating, including, but not | 25 | | limited to, paint, ink, lacquer, or screen printing, designed | 26 | | for or intended for use by children under the age of 12 at |
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| 1 | | play. For the purposes of this Section, "toy" is any object | 2 | | designed, manufactured, or marketed as a plaything for children | 3 | | under the age of 12 and is excluded from the definitions of | 4 | | "child care article" and "jewelry". In determining whether a | 5 | | toy containing paint is designed for or intended for use by | 6 | | children under the age of 12, the following factors shall be | 7 | | considered: | 8 | | (i) a statement by a manufacturer about the intended | 9 | | use of the product, including a label on the product, if | 10 | | such statement is reasonable; | 11 | | (ii) whether the product is represented in its | 12 | | packaging, display, promotion, or advertising as | 13 | | appropriate for children under the age of 12; and | 14 | | (iii) whether the product is commonly recognized by | 15 | | consumers as being intended for use by a child under the | 16 | | age of 12. | 17 | | (b) Children's products. Effective January 1, 2010, no | 18 | | person, firm, or corporation shall sell, have, offer for sale, | 19 | | or transfer the items listed in this Section that contain a | 20 | | total lead content in any component part of the item that is | 21 | | more than 0.004% (40 parts per million) but less than 0.06% | 22 | | (600 parts per million) by total weight or a lower standard for | 23 | | lead content as may be established by federal or State law or | 24 | | rule regulation unless that item bears a warning statement that | 25 | | indicates that at least one component part of the item contains | 26 | | lead. |
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| 1 | | The warning statement for items covered under this | 2 | | subsection (b) shall contain at least the following: "WARNING: | 3 | | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH | 4 | | FEDERAL STANDARDS.". | 5 | | An entity is in compliance with this subsection (b) if the | 6 | | warning statement is provided on the children's product or on | 7 | | the label on the immediate container of the children's product.
| 8 | | This subsection (b) does not apply to any product for which | 9 | | federal law governs warning in a manner that preempts State | 10 | | authority. | 11 | | The warning statement required under this subsection (b) is | 12 | | not required if the component parts of the item containing lead | 13 | | are inaccessible to a child through normal and reasonably | 14 | | foreseeable use and abuse as defined by the United States | 15 | | Consumer Product Safety Commission. | 16 | | The warning statement required under this subsection (b) is | 17 | | not required if the component parts in question are exempt from | 18 | | third-party testing as determined by the United States Consumer | 19 | | Product Safety Commission. | 20 | | (c) Other lead-bearing lead bearing substance. No person, | 21 | | firm, or corporation shall have,
offer for sale, sell, or give | 22 | | away any lead-bearing lead bearing substance that may be
used | 23 | | by the general public, except as otherwise provided in | 24 | | subsection (b) of this Section, unless it bears the warning | 25 | | statement as
prescribed by federal rule regulation . (i) If no | 26 | | rule regulation is prescribed , the
warning statement shall be |
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| 1 | | as follows when the lead-bearing lead bearing substance is a | 2 | | lead-based paint or surface coating: "WARNING--CONTAINS LEAD. | 3 | | MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
(Side | 4 | | or Back) Panel. Do not apply on toys, or other children's | 5 | | articles,
furniture, or interior, or exterior exposed surfaces | 6 | | of any residential
building or facility that may be occupied or | 7 | | used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If | 8 | | no rule regulation is prescribed , the warning statement shall | 9 | | be as follows when the lead-bearing lead bearing substance | 10 | | contains lead-based paint or a form of lead other than | 11 | | lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF | 12 | | EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF | 13 | | THE REACH OF CHILDREN.".
| 14 | | For the purposes of this subsection (c), the generic term | 15 | | of a product, such as "paint" may be substituted
for the word | 16 | | "substance" in the above labeling.
| 17 | | (d) The warning statements on items covered in subsections | 18 | | (a), (b), and (c) of this Section shall be in accordance with, | 19 | | or substantially similar to, the following: | 20 | | (1) the statement shall be located in a prominent place | 21 | | on the item or package such that consumers are likely to | 22 | | see the statement when it is examined under retail | 23 | | conditions; | 24 | | (2) the statement shall be conspicuous and not obscured | 25 | | by other written matter; | 26 | | (3) the statement shall be legible; and |
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| 1 | | (4) the statement shall contrast with the typography, | 2 | | layout and color of the other printed matter. | 3 | | Compliance with 16 C.F.R. 1500.121 adopted under the | 4 | | Federal Hazardous Substances Act constitutes compliance with | 5 | | this subsection (d). | 6 | | (e) The manufacturer or importer of record shall be | 7 | | responsible for compliance with this Section. | 8 | | (f) Subsection (c) of this Section does not apply to any | 9 | | component part of a consumer electronic product, including, but | 10 | | not limited to, personal computers, audio and video equipment, | 11 | | calculators, wireless phones, game consoles, and handheld | 12 | | devices incorporating a video screen used to access interactive | 13 | | software and their associated peripherals, that is not | 14 | | accessible to a child through normal and reasonably foreseeable | 15 | | use of the product. A component part is not accessible under | 16 | | this subsection (f) if the component part is not physically | 17 | | exposed by reason of a sealed covering or casing and does not | 18 | | become physically exposed through reasonably foreseeable use | 19 | | and abuse of the product. Paint, coatings, and electroplating, | 20 | | singularly or in any combination, are not sufficient to | 21 | | constitute a sealed covering or casing for purposes of this | 22 | | Section. Coatings and electroplating are sufficient to | 23 | | constitute a sealed covering for connectors, power cords, USB | 24 | | cables, or other similar devices or components used in consumer | 25 | | electronics products.
| 26 | | (Source: P.A. 97-612, eff. 1-1-12.)
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| 1 | | (410 ILCS 45/6.01)
| 2 | | Sec. 6.01. Warning statement where supplies sold. | 3 | | (a) Any retailer, store, or commercial establishment that | 4 | | offers paint or other supplies intended for the removal of | 5 | | paint shall display, in a prominent and easily visible | 6 | | location, a poster containing, at a minimum, the following: | 7 | | (1) a statement that dry sanding and dry scraping of | 8 | | paint in regulated facilities dwellings built before 1978 | 9 | | is dangerous; | 10 | | (2) a statement that the improper removal of old paint | 11 | | is a significant source of lead dust and the primary cause | 12 | | of lead poisoning; and | 13 | | (3) contact information where consumers can obtain | 14 | | more information. | 15 | | (b) The Department shall provide sample posters and | 16 | | brochures that commercial establishments may use. The | 17 | | Department shall make these posters and brochures available in | 18 | | hard copy and via download from the Department's Internet | 19 | | website. | 20 | | (c) A commercial establishment shall be deemed to be in | 21 | | compliance with this Section if the commercial establishment | 22 | | displays lead poisoning prevention posters or provides | 23 | | brochures to its customers that meet the minimum requirements | 24 | | of this Section but come from a source other than the | 25 | | Department.
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| 1 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 2 | | (410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
| 3 | | Sec. 6.1. Removal of leaded soil. The Department shall, in | 4 | | consultation
with the Illinois Environmental Protection Agency | 5 | | IEPA , specify safety guidelines for workers undertaking | 6 | | removal or
covering of leaded soil. Soil inspection | 7 | | requirements shall apply to
inspection of regulated | 8 | | residential buildings or child care facilities subject to the
| 9 | | requirements of this Section.
| 10 | | (Source: P.A. 87-175.)
| 11 | | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| 12 | | Sec. 6.2. Testing Physicians to screen children and | 13 | | pregnant persons .
| 14 | | (a) Any Every physician licensed to practice medicine in | 15 | | all its branches or health care provider who sees or treats or
| 16 | | health care provider shall screen children 6 months through 6 | 17 | | years
of age or younger shall test those children for
lead | 18 | | poisoning when those children who are determined to reside in | 19 | | an area defined as high risk
by the Department. Children | 20 | | residing in areas defined as low risk by the
Department shall | 21 | | be evaluated assessed for risk by the Childhood Lead Risk | 22 | | Questionnaire a risk assessment procedure developed
by the | 23 | | Department and tested if indicated . Children shall be evaluated | 24 | | screened , in accordance with rules adopted by the Department |
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| 1 | | guidelines
and criteria set forth by the
American Academy of | 2 | | Pediatrics, at the priority intervals and using the
methods | 3 | | specified in the guidelines .
| 4 | | (b) Each licensed, registered, or approved health care | 5 | | facility serving
children from 6 months through 6 years of age | 6 | | or younger , including but not
limited to,
health departments, | 7 | | hospitals, clinics, and health maintenance
organizations | 8 | | approved, registered, or licensed by the Department, shall take
| 9 | | the appropriate steps to ensure that children 6 years of age or | 10 | | younger be evaluated for risk or tested for the patients | 11 | | receive lead poisoning or both
screening, where medically | 12 | | indicated or appropriate .
| 13 | | (c) Children 7 6 years and older and pregnant persons may | 14 | | also be tested screened by physicians or
health care providers, | 15 | | in accordance with rules adopted by the Department guidelines | 16 | | and criteria set forth
by the American Academy of Pediatrics, | 17 | | according to the priority intervals
specified in the | 18 | | guidelines . Physicians and health care providers shall also | 19 | | evaluate
screen children for lead poisoning in conjunction with | 20 | | the school health
examination, as required under the School | 21 | | Code, when, in the medical judgement
of the physician, advanced | 22 | | practice nurse who has a written collaborative
agreement with a
| 23 | | collaborating
physician
that authorizes the advance practice | 24 | | nurse to perform health examinations, or
physician
assistant | 25 | | who has been delegated to perform health examinations by the
| 26 | | supervising
physician, the child is potentially at high risk of |
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| 1 | | lead poisoning.
| 2 | | (d) (Blank). Nothing in this Section shall be construed to | 3 | | require any child
to undergo a lead blood level screening or | 4 | | test whose parent or guardian
objects on the grounds that the | 5 | | screening or test conflicts with his or her
religious beliefs.
| 6 | | (Source: P.A. 93-104, eff. 1-1-04.)
| 7 | | (410 ILCS 45/6.3)
| 8 | | Sec. 6.3. Information provided by the Department of | 9 | | Healthcare and Family Services. | 10 | | (a) The Director of Healthcare and Family Services shall | 11 | | provide, upon request of the Director of Public Health, an | 12 | | electronic record of all children 6 less than 7 years of age or | 13 | | younger who receive Medicaid, Kidcare, or other health care | 14 | | benefits from the Department of Healthcare and Family Services. | 15 | | The records shall include a history of claims filed for each | 16 | | child and the health care provider who rendered the services. | 17 | | On at least an annual basis, the Director of Public Health | 18 | | shall match the records provided by the Department of | 19 | | Healthcare and Family Services with the records of children | 20 | | receiving lead tests, as reported to the Department under | 21 | | Section 7 of this Act. | 22 | | (b) The Director of Healthcare and Family Services shall | 23 | | prepare a report documenting the frequency of lead testing and | 24 | | elevated blood and lead levels among children receiving | 25 | | benefits from the Department of Healthcare and Family Services. |
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| 1 | | On at least an annual basis, the Director of Healthcare and | 2 | | Family Services shall prepare and deliver a report to each | 3 | | health care provider who has rendered services to children | 4 | | receiving benefits from the Department of Healthcare and Family | 5 | | Services. The report shall contain the aggregate number of | 6 | | children receiving benefits from the Department of Healthcare | 7 | | and Family Services to whom the provider has provided services, | 8 | | the number and percentage of children tested for lead | 9 | | poisoning, and the number and percentage of children having an | 10 | | elevated blood lead level. The Department of Public Health may | 11 | | exclude health care providers who provide specialized or | 12 | | emergency medical care and who are unlikely to be the primary | 13 | | medical care provider for a child. Upon the request of a | 14 | | provider, the Department of Public Health may generate a list | 15 | | of individual patients treated by that provider according to | 16 | | the claims records and the patients' lead test results.
| 17 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 18 | | (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
| 19 | | Sec. 7. Reports of lead poisoning required ; lead | 20 | | information to remain confidential; disclosure prohibited . | 21 | | Every physician who
diagnoses, or a health care provider, | 22 | | nurse, hospital administrator , or public health officer who has
| 23 | | verified information of the
existence of a blood lead test | 24 | | result for any child or pregnant person shall report the result | 25 | | to the Department. Results person found or suspected to have a |
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| 1 | | level of lead in the
blood in excess of the permissible limits | 2 | | set forth in rules regulations
adopted by the Department shall | 3 | | be reported to the Department , within 48 hours of receipt of
| 4 | | verification . Reports ,
shall include report to the Department | 5 | | the name, address, laboratory results, date
of birth, and any | 6 | | other information about the child or pregnant person deemed | 7 | | essential by
the Department. Directors of clinical | 8 | | laboratories must report to the
Department, within 48 hours of | 9 | | receipt of verification, positive
results of all
blood
lead | 10 | | analyses above permissible limits set forth in rule performed | 11 | | in their facility. The information included in the
clinical | 12 | | laboratories report shall include, but not be limited to, the | 13 | | child's
name, address, date of birth, name of physician | 14 | | ordering analysis, and specimen
type. All blood lead levels | 15 | | less than the permissible limits set forth in rule negative | 16 | | results must be reported to the Department in accordance
with | 17 | | rules adopted by the Department. These rules shall not require | 18 | | reporting
in less than 30 days after the end of the month in | 19 | | which the negative results
are obtained. All information | 20 | | obtained by the Department from any source and all information, | 21 | | data, reports, e-mails, letters, and other documents generated | 22 | | by the Department or any of its delegate agencies concerning | 23 | | any person subject to this Act receiving a blood lead test
| 24 | | reports shall be treated in
the same manner as information | 25 | | subject to the provisions of Part 21 of Article
VIII of the | 26 | | Code of Civil Procedure and shall not be disclosed. This |
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| 1 | | prohibition on disclosure extends to all information and | 2 | | reports obtained or created by the Department or any of its | 3 | | delegate agencies concerning any regulated facility that has | 4 | | been identified as a potential lead hazard or a source of lead | 5 | | poisoning . This prohibition on disclosure does not prevent the | 6 | | Department or its delegates from using any information it | 7 | | obtains civilly, criminally, or administratively to prosecute | 8 | | any person who violates this Act, nor does it prevent the | 9 | | Department or its delegates from disclosing any certificate of | 10 | | compliance, notice, or mitigation order issued pursuant to this | 11 | | Act. Any physician, nurse, hospital
administrator, director of | 12 | | a
clinical laboratory, public health officer, or allied health | 13 | | professional
making a report in good faith shall be immune from | 14 | | any civil or criminal
liability that otherwise might be | 15 | | incurred from the making of a report.
| 16 | | (Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
| 17 | | (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
| 18 | | Sec. 7.1. Requirements for child Child care facilities must | 19 | | require lead blood level
screening for admission . Each By | 20 | | January 1, 1993, each day care center, day
care home, | 21 | | preschool, nursery school, kindergarten, or other child care
| 22 | | facility, licensed or approved by the State, including such | 23 | | programs
operated by a public school district, shall include a | 24 | | requirement that each
parent or legal guardian of a child | 25 | | between one and 7 between the ages of 6 months through 6
years |
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| 1 | | of age provide a statement from a physician or health care | 2 | | provider that the
child has been risk assessed for risk of lead | 3 | | poisoning or tested or both , as provided in Section 6.2 , if the | 4 | | child
resides in an area defined as low risk by the Department, | 5 | | or screened for
lead poisoning as provided for in Section 6.2, | 6 | | if the child resides in an
area
defined as high risk . This | 7 | | statement shall be
provided prior to admission and subsequently | 8 | | in conjunction with required
physical examinations.
| 9 | | Nothing in this Section shall be construed to require any | 10 | | child
to undergo a lead blood level screening or test whose | 11 | | parent or guardian
objects on the grounds that the screening or | 12 | | test conflicts with his or her
religious beliefs.
| 13 | | Child care facilities that participate in the Illinois | 14 | | Child Care Assistance Program (CCAP) shall annually send or | 15 | | deliver to the parents or guardians of children enrolled in the | 16 | | facility's care an informational pamphlet regarding awareness | 17 | | of lead paint poisoning. Pamphlets shall be produced and made | 18 | | available by the Department and shall be downloadable from the | 19 | | Department's Internet website. The Department of Human | 20 | | Services and the Department of Public Health shall assist in | 21 | | the distribution of the pamphlet.
| 22 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 23 | | (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| 24 | | Sec. 7.2. Fees; reimbursement Laboratory fees for blood | 25 | | lead screening ; Lead Poisoning Fund.
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| 1 | | (a) The Department may establish fees according to a | 2 | | reasonable fee
structure to cover the cost of providing a | 3 | | testing service for laboratory
analysis of blood lead tests and | 4 | | any necessary follow-up. Fees collected
from the Department's | 5 | | testing service shall be placed in a special fund in
the State | 6 | | treasury known as the Lead Poisoning Screening, Prevention, and
| 7 | | Abatement Fund. Other State and federal funds for expenses | 8 | | related to lead
poisoning screening, follow-up, treatment, and | 9 | | abatement programs may also
be placed in the Fund. Moneys shall | 10 | | be appropriated from the Fund to the
Department of Public | 11 | | Health solely for the implementation and enforcement of this | 12 | | Act the purposes of providing lead
screening, follow-up, and | 13 | | treatment programs .
| 14 | | (b) The Department shall certify, as required by the | 15 | | Department of Healthcare and Family Services, any | 16 | | non-reimbursed public expenditures for all approved lead | 17 | | testing and evaluation activities for Medicaid-eligible | 18 | | children expended by the Department from the non-federal | 19 | | portion of funds, including, but not limited to, assessment of | 20 | | home, physical, and family environments; comprehensive | 21 | | environmental lead investigation; and laboratory services for | 22 | | Medicaid-eligible children. The Department of Healthcare and | 23 | | Family Services shall provide appropriate Current Procedural | 24 | | Terminology (CPT) Codes for all billable services and claim | 25 | | federal financial participation for the properly certified | 26 | | public expenditures submitted to it by the Department. Any |
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| 1 | | federal financial participation revenue received pursuant to | 2 | | this Act shall be deposited in the Lead Poisoning Screening, | 3 | | Prevention, and Abatement Fund. | 4 | | (c) Any delegate agency may establish fees, according to a | 5 | | reasonable
fee structure, to cover the costs of drawing blood | 6 | | for blood lead testing and evaluation screening
and any | 7 | | necessary follow-up.
| 8 | | (Source: P.A. 87-175.)
| 9 | | (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
| 10 | | Sec. 8. Inspection of dwelling units buildings occupied or | 11 | | previously occupied by a person with an elevated blood lead | 12 | | level screening positive . A representative of the Department, | 13 | | or delegate agency, shall may , after
notification that an | 14 | | occupant of a regulated facility the dwelling unit in question | 15 | | is found to
have an elevated a blood lead level as value of the | 16 | | value set forth in Section 7, upon
presentation of the | 17 | | appropriate credentials to the owner, occupant, or his
| 18 | | representative, inspect the affected dwelling units dwelling | 19 | | or dwelling units , at reasonable times,
for the purposes of | 20 | | ascertaining that all surfaces accessible to children
are | 21 | | intact and in good repair, and for purposes of ascertaining the
| 22 | | existence of lead-bearing lead bearing substances. Such | 23 | | representative of the
Department, or delegate agency, may | 24 | | remove samples or objects necessary for
laboratory analysis, in | 25 | | the determination of the presence of lead-bearing
substances in |
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| 1 | | the regulated facilities designated dwelling or dwelling unit .
| 2 | | If a regulated facility building is occupied by a child of | 3 | | less than 3 years
of age with an elevated blood lead level | 4 | | screening positive , the Department, in addition to all
other | 5 | | requirements of this Section, must inspect the dwelling
unit | 6 | | and common place area of the child with an elevated blood lead | 7 | | level screening positive . | 8 | | Following the inspection, the Department or its delegate | 9 | | agency shall:
| 10 | | (1) Prepare an inspection report which shall:
| 11 | | (A) State the address of the dwelling unit.
| 12 | | (B) Describe the scope of the inspection, the | 13 | | inspection procedures
used, and the method of | 14 | | ascertaining the existence of a lead-bearing lead | 15 | | bearing
substance in the dwelling unit.
| 16 | | (C) State whether any lead-bearing lead bearing | 17 | | substances were found in the dwelling unit.
| 18 | | (D) Describe the nature, extent, and location of | 19 | | any lead-bearing lead bearing
substance that is found.
| 20 | | (E) State either that a lead hazard does exist or | 21 | | that a lead hazard
does not exist. If a lead hazard | 22 | | does exist, the report shall describe the
source, | 23 | | nature and location of the lead hazard. The existence | 24 | | of intact
lead paint does not alone constitute a lead | 25 | | hazard for the purposes of this
Section.
| 26 | | (F) Give the name of the person who conducted the |
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| 1 | | inspection and
the person to contact for further | 2 | | information regarding the inspection and
the | 3 | | requirements of this Act.
| 4 | | (2) Mail or otherwise provide a copy of the inspection | 5 | | report to the
property owner and to the occupants of the | 6 | | dwelling unit. If a lead-bearing lead
bearing substance is | 7 | | found, at the time of providing a copy of the
inspection | 8 | | report, the Department or its delegate agency shall attach | 9 | | an
informational brochure.
| 10 | | (Source: P.A. 94-879, eff. 6-20-06.)
| 11 | | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
| 12 | | Sec. 8.1. Licensing of lead inspectors and lead risk | 13 | | assessors .
| 14 | | (a) The By January 1, 1994, the Department shall establish | 15 | | standards and
licensing procedures for lead inspectors and lead | 16 | | risk assessors . An integral element of these
procedures shall | 17 | | be an education and training program prescribed by the
| 18 | | Department which shall include but not be limited to scientific | 19 | | sampling,
chemistry, and construction techniques. No person | 20 | | shall make inspections or risk assessments
without first being | 21 | | licensed by the Department. The penalty for inspection or risk | 22 | | assessment
without a license shall be a Class A misdemeanor and | 23 | | an administrative fine .
| 24 | | (b) The Department shall charge licensed lead inspectors | 25 | | and lead risk assessors reasonable license
fees and the fees |
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| 1 | | shall be placed in the Lead Poisoning Screening,
Prevention, | 2 | | and Abatement Fund and used to fund the Department's licensing
| 3 | | of lead inspectors and lead risk assessors and any other | 4 | | activities prescribed by this Act. A licensed lead An
inspector | 5 | | or lead risk assessor employed by the Department or its | 6 | | delegate agency shall not be
charged a license fee.
| 7 | | (Source: P.A. 87-175.)
| 8 | | (410 ILCS 45/8.2) (from Ch. 111 1/2, par. 1308.2)
| 9 | | Sec. 8.2. Warrant procedures. If the occupant of a | 10 | | regulated facility
residential building or dwelling designated | 11 | | for inspection
under Section 8 refuses to allow inspection, an | 12 | | agent of the
Department or of the Department's delegate agency | 13 | | may apply
for a search warrant to permit entry. A court may | 14 | | issue a
warrant upon receiving verification a showing that a | 15 | | victim of lead poisoning
resides or has recently resided in the | 16 | | regulated
facility during the previous 6 months residential | 17 | | building .
The findings of the inspection shall be reported to | 18 | | the
Department and to the appropriate enforcement authorities
| 19 | | established in this Act.
| 20 | | (Source: P.A. 87-175.)
| 21 | | (410 ILCS 45/8.3 new) | 22 | | Sec. 8.3. Stop work orders. Whenever the Department or its | 23 | | delegate agency finds that a situation exists that requires | 24 | | immediate action to protect the public health, it may, without |
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| 1 | | notice or hearing, issue an order requiring that such action be | 2 | | taken as it may deem necessary to protect the public health, | 3 | | including, but not limited to, the issuance of a stop work | 4 | | order, ordering the immediate suspension of any improper | 5 | | activities that may disturb a lead-bearing surface, and | 6 | | requiring that any person found to be improperly conducting | 7 | | such activities immediately cease work. Notwithstanding any | 8 | | other provision in this Act, such order shall be effective | 9 | | immediately. The Attorney General, State's Attorney, or | 10 | | Sheriff of the county in which the property is located has | 11 | | authority to enforce the order after receiving notice thereof. | 12 | | Any person subject to such an order is entitled, upon written | 13 | | request to the Department, to a hearing to determine the | 14 | | continued validity of the order.
| 15 | | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
| 16 | | Sec. 9. Procedures upon determination of lead hazard.
| 17 | | (1) If the inspection report identifies a lead hazard, the | 18 | | Department or
delegate agency shall serve a mitigation notice | 19 | | on the property owner that the
owner is required to mitigate | 20 | | the lead hazard, and shall indicate the time
period specified | 21 | | in this Section in which the owner must complete the
| 22 | | mitigation. The notice shall include information describing | 23 | | mitigation
activities which meet the requirements of this Act.
| 24 | | (2) If the inspection report identifies a lead hazard, the | 25 | | owner shall
mitigate the lead hazard in a manner prescribed by |
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| 1 | | the Department and within
the time limit prescribed by this | 2 | | Section. The Department shall adopt rules
regarding acceptable | 3 | | methods of mitigating a lead hazard. If the source of the
lead | 4 | | hazard identified in the inspection report is lead paint or any | 5 | | other lead-bearing
leaded surface coating, the lead hazard | 6 | | shall be deemed to have been mitigated
if:
| 7 | | (A) the The surface identified as the source of the | 8 | | lead hazard is no longer in
a condition that produces a | 9 | | hazardous level of lead leaded chips, flakes, dust
or any | 10 | | other form of lead-bearing leaded substance, that can be | 11 | | ingested or inhaled by
humans , or ;
| 12 | | (B) If the surface identified as the source of the lead | 13 | | hazard is no longer accessible
to children and could not | 14 | | reasonably be chewed on by children ; or , the surface
| 15 | | coating is either removed or covered, the surface is | 16 | | removed, or the access
to the leaded surface by children is | 17 | | otherwise prevented as prescribed
by the Department. | 18 | | (C) the surface coating identified as the source of the | 19 | | lead hazard is either removed
or covered, or child access | 20 | | to the lead-bearing surface is otherwise prevented as
| 21 | | prescribed by the Department.
| 22 | | (3) Mitigation activities which involve the destruction or | 23 | | disturbance of
any lead-bearing leaded surface shall be | 24 | | conducted by a licensed lead abatement contractor
using | 25 | | licensed lead abatement supervisors or lead abatement workers. | 26 | | The Department may prescribe by rule
mitigation activities that |
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| 1 | | may be performed without a licensed lead abatement contractor , | 2 | | lead abatement supervisor, or lead abatement
worker. The | 3 | | Department may, on a case by case basis, grant a waiver of the
| 4 | | requirement to use licensed lead abatement contractors , lead | 5 | | abatement supervisors, and lead abatement workers, provided
| 6 | | the waiver does not endanger the health or safety of humans.
| 7 | | (4) The Department shall establish procedures whereby an | 8 | | owner,
after receiving a mitigation notice under this Section, | 9 | | may submit a
mitigation plan to the Department or delegate | 10 | | agency for review and approval.
| 11 | | (5) When a mitigation notice is issued for a dwelling unit | 12 | | inspected as a
result of an elevated blood lead level in a | 13 | | pregnant person woman or a child, or if
the dwelling unit is | 14 | | occupied by a child under 6 years of age or younger or a | 15 | | pregnant person
woman , the owner shall mitigate the hazard | 16 | | within 30 days of receiving the
notice; when no such child or | 17 | | pregnant person occupies the dwelling unit otherwise , the owner | 18 | | shall complete the mitigation within 90 days.
| 19 | | (6) An owner may apply to the Department or its delegate | 20 | | agency
for an extension of the deadline for mitigation. If the | 21 | | Department or its
delegate agency determines that the owner is | 22 | | making substantial progress
toward mitigation, or that the | 23 | | failure to meet the deadline is the result
of a shortage of | 24 | | licensed lead abatement contractors , lead abatement | 25 | | supervisors, or lead abatement workers, or that the
failure to | 26 | | meet the deadline is because the owner is awaiting the review
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| 1 | | and approval of a mitigation plan, the Department or delegate | 2 | | agency may
grant an extension of the deadline.
| 3 | | (7) The Department or its delegate agency may, after the | 4 | | deadline set for
completion of mitigation, conduct a follow-up | 5 | | inspection of any dwelling unit for
which a mitigation notice | 6 | | was issued for the purpose of determining whether the
| 7 | | mitigation actions required have been completed and whether the | 8 | | activities have
sufficiently mitigated the lead hazard as | 9 | | provided under this Section. The
Department or its delegate | 10 | | agency may conduct a follow-up inspection upon the
request of | 11 | | an owner or resident. If, upon completing the follow-up | 12 | | inspection,
the Department or its delegate agency finds that | 13 | | the lead hazard for which the
mitigation notice was issued is | 14 | | not mitigated, the Department or its delegate
agency shall | 15 | | serve the owner with notice of the deficiency and a mitigation
| 16 | | order. The order shall indicate the specific actions the owner | 17 | | must
take to comply with the mitigation requirements of this | 18 | | Act, which may
include lead abatement if lead abatement is the | 19 | | sole means by which the lead hazard
can be mitigated. The order | 20 | | shall also include the date by which the
mitigation shall be | 21 | | completed. If, upon completing the follow-up
inspection, the | 22 | | Department or delegate agency finds that the mitigation
| 23 | | requirements of this Act have been satisfied, the Department or | 24 | | delegate
agency shall provide the owner with a certificate of | 25 | | compliance stating
that the required mitigation has been | 26 | | accomplished.
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| 1 | | (Source: P.A. 87-175; 87-1144.)
| 2 | | (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
| 3 | | Sec. 9.1. Owner's obligation to give notice. An owner of a | 4 | | regulated facility
dwelling unit or residential building who | 5 | | has received a mitigation notice
under Section 9 of this Act | 6 | | shall, before entering into a new lease
agreement or sales | 7 | | contract for the dwelling unit for which the
mitigation notice | 8 | | was issued, provide prospective lessees or purchasers of that
| 9 | | unit with written notice that a lead hazard has previously been
| 10 | | identified in the dwelling unit, unless the owner has obtained | 11 | | a
certificate of compliance for the unit under Section 9. An | 12 | | owner
may satisfy this notice requirement by providing the | 13 | | prospective
lessee or purchaser with a copy of the inspection | 14 | | report prepared pursuant to Section 9.
| 15 | | Before entering into a residential lease agreement or sales | 16 | | contract , all owners
of regulated facilities containing | 17 | | dwelling units residential buildings or dwelling units built | 18 | | before 1978
shall give prospective lessees or purchasers | 19 | | information on the potential
health hazards posed by lead in | 20 | | regulated facilities residential dwellings by providing the
| 21 | | prospective lessees or purchasers lessee with a copy of an | 22 | | informational brochure prepared by the
Department. Within one | 23 | | year of the effective date of this amendatory Act of
1992, | 24 | | owners of residential buildings or dwelling units built before | 25 | | 1978 shall
provide current lessees with such brochure.
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| 1 | | (Source: P.A. 87-1144.)
| 2 | | (410 ILCS 45/9.4)
| 3 | | Sec. 9.4. Owner's obligation to post notice. The owner of a | 4 | | regulated facility dwelling unit or residential building who | 5 | | has received a mitigation notice under Section 9 of this Act | 6 | | shall post notices at all entrances to in common areas of the | 7 | | regulated facility building specifying the identified lead | 8 | | hazards. The posted notices, drafted by the Department and sent | 9 | | to the property owner with the notification of lead hazards, | 10 | | shall indicate the following: | 11 | | (1) that a unit or units in the building have been | 12 | | found to have lead hazards; | 13 | | (2) that other units in the building may have lead | 14 | | hazards; | 15 | | (3) that the Department recommends that children 6 | 16 | | years of age or younger receive a blood lead testing | 17 | | screening ; | 18 | | (4) where to seek further information; and | 19 | | (5) whether 2 or more mitigation notices have been | 20 | | issued for the regulated facility 2 or more dwelling units | 21 | | within a 5-year period of time. | 22 | | Once the owner has complied with a mitigation notice or | 23 | | mitigation order issued by the Department, the owner may remove | 24 | | the notices posted pursuant to this Section.
| 25 | | (Source: P.A. 94-879, eff. 6-20-06.)
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| 1 | | (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| 2 | | Sec. 10.
The Department, or representative of a unit of | 3 | | local government or
health department approved by the | 4 | | Department for this purpose, shall report any
violation of this | 5 | | Act to the State's Attorney of the county in which the
| 6 | | regulated facility dwelling is located . The State's Attorney , | 7 | | who has then the authority to charge the owner with a Class
A | 8 | | misdemeanor, and who shall take additional measures to ensure | 9 | | insure that rent is
withheld from the owner by the occupants of | 10 | | the dwelling or dwelling units
affected, until the mitigation | 11 | | requirements under Section 9 of this Act are
complied with.
| 12 | | No tenant shall be evicted because an individual with an | 13 | | elevated blood
lead level or with suspected lead poisoning | 14 | | resides in the dwelling unit,
or because rent is withheld under | 15 | | the provisions of this Act, or because of
any action required | 16 | | of the dwelling owner of the regulated facility as a result of | 17 | | enforcement of
this Act.
| 18 | | In cases where no action is taken which will result in the | 19 | | remedy of the
hazard created by the lead-bearing substances | 20 | | within the stated time
period, the local health officer and the | 21 | | local building officials may as
practical utilize such | 22 | | community resources as are available to effect the
relocation | 23 | | of the individuals who occupied the dwelling or dwelling unit
| 24 | | affected until the remedy is made by the owner.
| 25 | | (Source: P.A. 87-175; 87-1144.)
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| 1 | | (410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
| 2 | | Sec. 11. Lead abatement; Manner of mitigation of lead | 3 | | hazards. All lead abatement and lead mitigation shall be
| 4 | | accomplished in a manner prescribed by the Department, which | 5 | | will not endanger the health or well-being of
residential | 6 | | building or dwelling unit occupants of regulated facilities , | 7 | | and will
result in the safe
removal from the premises, and the | 8 | | safe disposition, of flakes, chips, debris,
dust, and other | 9 | | potentially harmful materials. The Department shall establish, | 10 | | by rule, work practice requirements for lead abatement and lead | 11 | | mitigation.
| 12 | | (Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
| 13 | | (410 ILCS 45/11.05)
| 14 | | Sec. 11.05. Advisory Council.
| 15 | | (a) The General Assembly finds the following:
| 16 | | (1) Lead-based paint poisoning is a potentially | 17 | | devastating
but preventable disease and is the number one
| 18 | | environmental threat to children's health in the United
| 19 | | States.
| 20 | | (2) The number of lead-poisoned children in Illinois is | 21 | | among
the highest in the nation, especially in older, | 22 | | affordable
properties.
| 23 | | (3) Lead poisoning causes irreversible damage to the
| 24 | | development of a child's nervous system. Even at low and
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| 1 | | moderate levels, lead poisoning causes learning
| 2 | | disabilities, speech problems, shortened attention span,
| 3 | | hyperactivity, and behavioral problems. Recent research
| 4 | | links high levels of lead exposure to lower IQ scores and
| 5 | | to juvenile delinquency.
| 6 | | (4) Older housing is the number one risk factor for | 7 | | childhood
lead poisoning. Properties built before 1950 are
| 8 | | statistically much more likely to contain lead-based paint
| 9 | | hazards than buildings constructed more recently.
| 10 | | (5) Illinois ranks 10th out of the 50 states in
the age | 11 | | of its housing stock. More than 50% of the
housing units in | 12 | | Chicago and in Rock Island, Peoria,
Macon, Madison, and | 13 | | Kankakee counties were built before
1960 and more than 43% | 14 | | of the housing units in St. Clair,
Winnebago, Sangamon, | 15 | | Kane, and Cook counties were built
before 1950.
| 16 | | (6) There are nearly 1.4 million households with | 17 | | lead-based
paint hazards in Illinois.
| 18 | | (7) Most children are lead-poisoned in their own homes
| 19 | | through exposure to lead dust from deteriorated lead-paint
| 20 | | surfaces, like windows, and when lead paint deteriorates or
| 21 | | is disturbed through home renovation and repainting.
| 22 | | (8) The control of lead hazards significantly reduces | 23 | | lead poisoning
rates. Other communities, including New | 24 | | York City
and Milwaukee, have successfully reduced lead | 25 | | poisoning
rates by removing lead-based paint hazards on | 26 | | windows.
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| 1 | | (9) Windows are considered a higher lead exposure risk
| 2 | | more often than other components in a housing unit. Windows
| 3 | | are a major contributor of lead dust in the home, due to
| 4 | | both weathering conditions and friction effects on paint.
| 5 | | (10) There is an insufficient pool of licensed lead
| 6 | | abatement workers and contractors to address the problem in
| 7 | | some areas of the State.
| 8 | | (11) Training, insurance, and licensing costs for lead
| 9 | | removal workers are prohibitively high.
| 10 | | (12) Through grants from the United States Department | 11 | | of Housing and
Urban Development, some communities in | 12 | | Illinois have begun
to reduce lead poisoning of children. | 13 | | While this is an
ongoing effort, it addresses only a small | 14 | | number of the
low-income children statewide in communities | 15 | | with high
levels of lead paint in the housing stock.
| 16 | | (b) For purposes of this Section:
| 17 | | "Advisory Council" means the Lead-Safe Housing Advisory
| 18 | | Council created under subsection (c).
| 19 | | "Lead-Safe Housing Maintenance Standards" or "Standards"
| 20 | | means standards developed by the Advisory Council pursuant
to | 21 | | this Section.
| 22 | | "Low-income" means a household at or below 80% of the | 23 | | median
income level for a given county as determined annually | 24 | | by
the United States Department of Housing and Urban
| 25 | | Development.
| 26 | | "Primary prevention" means removing lead hazards before a |
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| 1 | | child is
poisoned
rather than relying on identification of a | 2 | | lead poisoned child as the
triggering event.
| 3 | | (c) The Lead-Safe Housing Advisory
Council is created to | 4 | | advise the Department on lead poisoning prevention
activities. | 5 | | The Advisory Council shall be
chaired by the Director or his or | 6 | | her designee and the chair of the Illinois
Lead Safe Housing | 7 | | Task Force and provided with administrative support by the
| 8 | | Department. The Advisory Council shall be comprised of (i) the | 9 | | directors, or
their designees, of the Illinois Housing | 10 | | Development Authority and the
Environmental Protection Agency; | 11 | | and (ii) the directors, or their designees,
of public health | 12 | | departments of counties identified by the Department that
| 13 | | contain communities with a concentration of
high-risk, | 14 | | lead-contaminated properties.
| 15 | | The Advisory Council shall also include the following | 16 | | members appointed by
the Governor:
| 17 | | (1) One representative from the Illinois Association | 18 | | of Realtors.
| 19 | | (2) One representative from the insurance industry.
| 20 | | (3) Two pediatricians or other physicians with
| 21 | | knowledge of lead-paint poisoning.
| 22 | | (4) Two representatives from the private-sector, lead | 23 | | abatement
lead-based-paint-abatement
industry who are | 24 | | licensed in
Illinois as a lead an abatement contractor, | 25 | | lead abatement supervisor, lead abatement
worker, lead | 26 | | inspector, or lead risk assessor.
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| 1 | | (5) Two representatives from community based | 2 | | organizations in
communities with a concentration of high | 3 | | risk lead contaminated properties.
High-risk
communities | 4 | | shall be identified based upon the prevalence of low-income
| 5 | | families whose
children are lead poisoned and the age of | 6 | | the housing stock.
| 7 | | (6) At least 3 lead-safe housing advocates, including
| 8 | | (i) the parent of a lead-poisoned child, (ii) a
| 9 | | representative from a child advocacy organization,
and | 10 | | (iii) a representative from a tenant housing
organization.
| 11 | | (7) One representative from the Illinois paint and | 12 | | coatings industry. | 13 | | Within 9 months after its
formation, the Advisory Council
| 14 | | shall submit a written report to the Governor and the General | 15 | | Assembly on:
| 16 | | (1) developing a primary prevention program for | 17 | | addressing lead
poisoning;
| 18 | | (2) developing a sufficient pool of lead abatement | 19 | | workers and
contractors;
| 20 | | (3) targeting blood lead testing for screening to | 21 | | children residing in high-risk
buildings and | 22 | | neighborhoods;
| 23 | | (4) ensuring lead-safe work practices in all | 24 | | remodeling, rehabilitation,
and weatherization work;
| 25 | | (5) funding mechanisms to assist residential property | 26 | | owners in costs of
lead abatement and mitigation;
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| 1 | | (6) providing insurance subsidies to licensed lead | 2 | | abatement contractors
who target their work to high-risk | 3 | | communities; and
| 4 | | (7) developing any necessary legislation or rulemaking | 5 | | to improve the
effectiveness of State and local programs in | 6 | | lead abatement and other
prevention and control | 7 | | activities.
| 8 | | The Advisory Council shall develop handbooks and training | 9 | | for property owners
and tenants
explaining the Standards and | 10 | | State and federal requirements for
lead-safe housing.
| 11 | | The Advisory Council shall meet at least quarterly. Its | 12 | | members shall
receive no compensation for
their services, but | 13 | | their reasonable travel expenses actually incurred shall be
| 14 | | reimbursed by the Department.
| 15 | | (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
| 16 | | (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
| 17 | | Sec. 11.1. Licensing of lead abatement contractors , lead | 18 | | abatement supervisors, and lead abatement workers. Except as | 19 | | otherwise provided in this Act, performing lead abatement or
| 20 | | mitigation without a license is a Class A misdemeanor and is | 21 | | also subject to civil and administrative penalties .
The | 22 | | Department shall provide by rule for the licensing of lead
| 23 | | abatement contractors , lead abatement supervisors, and lead | 24 | | abatement workers and shall establish rules
standards and | 25 | | procedures for the licensure. The Department
may collect a |
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| 1 | | reasonable fee for the licenses. The fees shall
be deposited | 2 | | into the Lead Poisoning Screening, Prevention, and
Abatement | 3 | | Fund and used by the Department for the costs of
licensing lead | 4 | | abatement contractors and workers and other activities
| 5 | | prescribed by this Act.
| 6 | | The Department shall promote and encourage minorities and | 7 | | females and
minority and female owned entities to apply for | 8 | | licensure under this Act
as either licensed lead abatement | 9 | | workers or licensed lead abatement
contractors .
| 10 | | The Department may adopt any rules necessary to ensure | 11 | | proper
implementation and administration of this Act and of the | 12 | | federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and | 13 | | the rules adopted regulations promulgated
thereunder: Lead; | 14 | | Requirements for Lead-Based Paint Activities (40 CFR 745).
The | 15 | | application of this Section shall not be limited to the | 16 | | activities taken in
regard to lead poisoned children and shall | 17 | | include all activities related to
lead abatement, mitigation | 18 | | and training.
| 19 | | No person may act as a lead abatement contractor unless the | 20 | | person is licensed as a lead abatement contractor by the | 21 | | Department in accordance with this Act and the rules adopted | 22 | | under it. | 23 | | No person may act as a lead abatement supervisor unless the | 24 | | person is licensed as a lead abatement supervisor by the | 25 | | Department in accordance with this Act and the rules adopted | 26 | | under it. |
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| 1 | | No person may act as a lead abatement worker unless the | 2 | | person is licensed as a lead abatement worker by the Department | 3 | | in accordance with this Act and the rules adopted under it. | 4 | | Except as otherwise provided by Department rule, on and | 5 | | after the effective date of this amendatory Act of the 98th | 6 | | General Assembly, any licensing requirement adopted pursuant | 7 | | to this Section that may be satisfied by an industrial | 8 | | hygienist licensed pursuant to the Industrial Hygienists | 9 | | Licensure Act repealed in this amendatory Act may be satisfied | 10 | | by a Certified Industrial Hygienist certified by the American | 11 | | Board of Industrial Hygiene. | 12 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 13 | | (410 ILCS 45/12.2 new) | 14 | | Sec. 12.2. Violations and enforcement. | 15 | | (a) The following provisions shall apply concerning | 16 | | criminal sanctions: | 17 | | (1) Violation of any Section of this Act other than | 18 | | Section 6.01 or Section 7 shall be punishable as a Class A | 19 | | misdemeanor. A violation of Section 6.01 shall cause the | 20 | | Department to issue a written warning for a first offense | 21 | | and shall be a petty offense for a second or subsequent | 22 | | offense if the violation occurs at the same location within | 23 | | 12 months after the first offense. | 24 | | (2) Any person who knowingly violates this Act or the | 25 | | rules adopted by the Department or who knowingly violates |
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| 1 | | any determination or order of the Department under this Act | 2 | | shall be guilty of a Class 4 felony. A person who, after | 3 | | being convicted under this paragraph, knowingly violates | 4 | | this paragraph a second or subsequent time commits a Class | 5 | | 3 felony. | 6 | | (3) Any person who knowingly makes a false statement, | 7 | | orally or in writing, to the Department related to or | 8 | | required by this Act, a rule adopted under this Act, any | 9 | | federal law or rule for which the Department has | 10 | | responsibility, or any determination or order of the | 11 | | Department under this Act, or any permit, term, or | 12 | | condition thereof, commits a Class 4 felony, and each such | 13 | | statement or writing shall be considered a separate Class 4 | 14 | | felony. A person who, after being convicted under this | 15 | | paragraph, knowingly violates this paragraph a second or | 16 | | subsequent time commits a Class 3 felony. | 17 | | (4) Any criminal action brought under this Section | 18 | | shall be brought by the State's Attorney of the county in | 19 | | which the violation occurred or by the Attorney General and | 20 | | shall be conducted in accordance with the applicable | 21 | | provisions of the Code of Criminal Procedure of 1963. | 22 | | (5) For an offense described in this subsection (a), | 23 | | the period for commencing prosecution prescribed by the | 24 | | statute of limitations shall not begin to run until the | 25 | | offense is discovered by or reported to a State or local | 26 | | agency having the authority to investigate violations of |
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| 1 | | this Act. | 2 | | (6) In addition to any other penalty provided under | 3 | | this Act, the court in a criminal action brought under this | 4 | | subsection (a) may impose upon any person who violates this | 5 | | Act or the rules adopted under this Act or who does not | 6 | | comply with a notice of deficiency and a mitigation order | 7 | | issued under subsection (7) of Section 9 of this Act or who | 8 | | fails to comply with subsection (3) or subsection (5) of | 9 | | Section 9 of this Act a penalty not to exceed $5,000 for | 10 | | each violation. Each day a violation exists constitutes a | 11 | | separate violation. In assessing a criminal penalty under | 12 | | this Section, the court shall consider any civil fines the | 13 | | person has paid which were imposed pursuant to subsection | 14 | | (b) of this Section. Any penalties collected in a court | 15 | | proceeding shall be deposited into a delegated county lead | 16 | | poisoning screening, prevention, and abatement fund or, if | 17 | | no delegated county or lead poisoning screening, | 18 | | prevention, and abatement fund exists, into the Lead | 19 | | Poisoning Screening, Prevention, and Abatement Fund | 20 | | established under Section 7.2 of this Act. | 21 | | (b) The Department is authorized to assess administrative | 22 | | civil fines against any licensee or any other person who | 23 | | violates this Act or the rules adopted under this Act. These | 24 | | fines may be assessed in addition to or in lieu of license | 25 | | suspensions or revocations and in addition to or in lieu of | 26 | | criminal sanctions. The amount of the administrative civil fine |
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| 1 | | shall be determined by rules adopted by the Department. Each | 2 | | day a violation exists shall constitute a separate violation. | 3 | | The minimum civil fine shall be $50 per violation per day and | 4 | | the maximum civil fine shall be $5,000 per violation per day. | 5 | | Any civil fines so collected shall be deposited into the Lead | 6 | | Poisoning Screening, Prevention, and Abatement Fund | 7 | | established under Section 7.2 of this Act. | 8 | | (c) The Director, after notice and opportunity for hearing, | 9 | | may deny, suspend, or revoke a license of a licensee or fine a | 10 | | licensee or any other person who has violated this Act or the | 11 | | rules adopted under this Act. Notice shall be provided by | 12 | | certified mail, return receipt requested, or by personal | 13 | | service, fixing a date, not less than 15 days from the date of | 14 | | such mailing or service, at which time the person shall be | 15 | | given an opportunity to request a hearing. Failure to request a | 16 | | hearing within that time period constitutes a waiver of the | 17 | | right to a hearing. The hearing shall be conducted by the | 18 | | Director or by an individual designated in writing by the | 19 | | Director as a hearing officer to conduct the hearing. On the | 20 | | basis of any such hearing or upon default of the respondent, | 21 | | the Director shall make a determination specifying his or her | 22 | | findings and conclusions. A copy of the determination shall be | 23 | | sent by certified mail, return receipt requested, or served | 24 | | personally upon the respondent. | 25 | | (d) The procedure governing hearings authorized by this | 26 | | Section shall be in accordance with rules adopted by the |
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| 1 | | Department. A full and complete record shall be kept of all | 2 | | proceedings, including the notice of hearing, complaint, and | 3 | | all other documents in the nature of pleadings, written motions | 4 | | filed in the proceedings, and the report and orders of the | 5 | | Director and hearing officer. All testimony shall be reported, | 6 | | but need not be transcribed unless the decision is sought to be | 7 | | reviewed under the Administrative Review Law. A copy or copies | 8 | | of the transcript may be obtained by any interested party on | 9 | | payment of the cost of preparing the copy or copies. The | 10 | | Director or hearing officer shall, upon his or her own motion | 11 | | or on the written request of any party to the proceeding, issue | 12 | | subpoenas requiring the attendance and the giving of testimony | 13 | | by witnesses and subpoenas duces tecum requiring the production | 14 | | of books, papers, records, or memoranda. All subpoenas and | 15 | | subpoenas duces tecum issued under this Act may be served by | 16 | | any person of legal age. The fees of witnesses for attendance | 17 | | and travel shall be the same as the fees of witnesses before | 18 | | the courts of this State, such fees to be paid when the witness | 19 | | is excused from further attendance. When the witness is | 20 | | subpoenaed at the instance of the Director or hearing officer, | 21 | | the fees shall be paid in the same manner as other expenses of | 22 | | the Department, and when the witness is subpoenaed at the | 23 | | instance of any other party to any such proceeding the | 24 | | Department may require that the cost of service of the subpoena | 25 | | or subpoena duces tecum and the fee of the witness be borne by | 26 | | the party at whose instance the witness is summoned. In such |
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| 1 | | case, the Department in its discretion may require a deposit to | 2 | | cover the cost of such service and witness fees. A subpoena or | 3 | | subpoena duces tecum so issued pursuant to this subsection (d) | 4 | | shall be served in the same manner as a subpoena issued by a | 5 | | circuit court. | 6 | | (e) Any circuit court of this State, upon the application | 7 | | of the Director or upon the application of any other party to | 8 | | the proceeding, may, in its discretion, compel the attendance | 9 | | of witnesses, the production of books, papers, records, or | 10 | | memoranda, and the giving of testimony before the Director or | 11 | | hearing officer conducting an investigation or holding a | 12 | | hearing authorized by this Act, by an attachment for contempt | 13 | | or otherwise, in the same manner as production of evidence may | 14 | | be compelled before the court. | 15 | | (f) All final administrative decisions of the Department | 16 | | under this Act shall be subject to judicial review pursuant to | 17 | | the provisions of the Administrative Review Law and the rules | 18 | | adopted under it. "Administrative decision" has the meaning | 19 | | ascribed to it in Section 3-101 of the Code of Civil Procedure. | 20 | | The Department is not required to certify any record or file | 21 | | any answer or otherwise appear in any proceeding for judicial | 22 | | review unless the party filing the complaint deposits with the | 23 | | clerk of the court the sum of $2 per page representing the | 24 | | costs of the certification. Failure on the part of the | 25 | | plaintiff to make such deposit shall be grounds for dismissal | 26 | | of the action. |
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| 1 | | (g) The State's Attorney of the county in which the | 2 | | violation occurred or the Attorney General shall bring such | 3 | | actions in the name of the people of the State of Illinois and | 4 | | may, in addition to other remedies provided in this Act, bring | 5 | | action for an injunction to restrain such violation, impose | 6 | | civil penalties, and enjoin the operation of any such person or | 7 | | establishment.
| 8 | | (410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
| 9 | | Sec. 13.
The Department is authorized to adopt promulgate | 10 | | reasonable
rules and regulations for carrying out the | 11 | | provisions of this Act.
| 12 | | (Source: P.A. 87-175.)
| 13 | | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
| 14 | | Sec. 14. Departmental rules regulations and activities. | 15 | | The Department shall
establish and publish rules regulations | 16 | | and guidelines governing permissible
limits of lead in and | 17 | | about regulated facilities residential buildings and | 18 | | dwellings .
| 19 | | The Department shall also initiate activities that:
| 20 | | (a) Either Will either provide for or support the | 21 | | monitoring and validation
of all medical laboratories and | 22 | | private and public hospitals that
perform lead | 23 | | determination tests on human blood or other tissues.
| 24 | | (b) Subject Will, subject to Section 7.2 of this Act, |
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| 1 | | provide laboratory testing
of blood specimens for lead | 2 | | content to any physician, hospital, clinic,
free clinic, | 3 | | municipality, or private organization
that cannot secure | 4 | | or provide the services through other sources. The
| 5 | | Department shall not assume responsibility for blood lead | 6 | | analysis required
in programs currently in operation.
| 7 | | (c) Develop Will develop or encourage the development | 8 | | of appropriate programs
and studies to identify sources of | 9 | | lead intoxication and assist other
entities in the | 10 | | identification of lead in children's blood and the sources
| 11 | | of that intoxication.
| 12 | | (d) Provide May provide technical assistance and | 13 | | consultation to local,
county, or regional governmental or | 14 | | private agencies for the promotion
and development of lead | 15 | | poisoning prevention programs.
| 16 | | (e) Provide Will provide recommendations by the | 17 | | Department on the subject of
identification , case | 18 | | management, and treatment of lead poisoning.
| 19 | | (f) Maintain Will maintain a clearinghouse of | 20 | | information, and will develop
additional educational | 21 | | materials, on (i) lead hazards to children,
(ii) lead | 22 | | poisoning prevention, (iii) blood lead testing poisoning | 23 | | screening ,
(iv) lead mitigation, lead abatement, and | 24 | | disposal, and (v)
health hazards during lead abatement. The | 25 | | Department shall make this information
available to the | 26 | | general public.
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 2 | | (410 ILCS 45/9.2 rep.) | 3 | | (410 ILCS 45/9.3 rep.)
| 4 | | (410 ILCS 45/11.2 rep.)
| 5 | | (410 ILCS 45/12 rep.)
| 6 | | Section 10. The Lead Poisoning Prevention Act is amended by | 7 | | repealing Sections 9.2, 9.3, 11.2, and 12.
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