Recipients of direct assistance under this program shall be provided a
copy of the Department's Lead Safe Housing Maintenance Standards. Before receiving the direct assistance, the recipient must certify that he or she has received the standards and intends to comply with them. If the property is a rental property, the recipient must also
certify that he or she will continue to rent to the same tenant or other low-income tenant for a period of not less than 5 years following completion of the work. Failure to comply with the conditions of the Lead
Direct Assistance Program is a violation of this Act.
(c) To
identify properties with lead hazards, the Department may prioritize
properties where at least one child has been found to have an elevated
blood lead level under the Lead Poisoning Prevention Act and the paint or potable water
has been tested and found to contain lead exceeding levels established
by rule.
(d) All lead-based paint hazard control work performed under the Lead Direct
Assistance Program shall comply with the Lead Poisoning Prevention Act
and the Illinois Lead Poisoning Prevention Code. All plumbing work performed under the Lead
Direct Assistance Program shall comply with the Illinois Plumbing
Licensing Act and the Illinois Plumbing Code. Before persons are paid for work conducted under this Act, each subject property must be inspected by a lead risk assessor or lead inspector licensed in Illinois. Prior to payment, an appropriate number of dust samples must be collected from in and around the work areas for lead analysis, with results in compliance with levels set by the Lead Poisoning Prevention Act and the Illinois Lead Poisoning Prevention Code or in the case of
leaded plumbing work, be inspected by an Illinois-certified plumbing
inspector. All costs associated with these inspections, including
laboratory fees, shall be compensable to the person contracted to
provide direct assistance, as prescribed by rule. Additional repairs and clean-up costs associated with a failed clearance test, including follow-up tests, shall be the responsibility of the person
performing the work under the Lead Direct Assistance Program.
(e) The Department shall issue Lead Safe Housing Maintenance Standards in accordance with this Act. Except for properties where all lead-based paint, leaded plumbing, or other
identified lead hazards have been removed, the standards shall describe the responsibilities of property owners and tenants in maintaining lead-safe housing, including, but not limited to, prescribing special cleaning, repair, flushing, filtering, and maintenance necessary to minimize the risk that subject properties will cause lead poisoning in children. Recipients of direct assistance shall be required to continue to maintain their properties in compliance with these Lead Safe Housing Maintenance Standards. Failure to maintain properties in accordance with these standards is a violation and may subject the
recipient to fines and penalties prescribed by rule.
(f) From funds appropriated, the Department may pay its own reasonable administrative costs and, by agreement, the
reasonable administrative costs of other public agencies.
(g) Failure by a person performing work under the Lead
Direct Assistance Program to comply with rules or any contractual
agreement made thereunder may subject the person to administrative
action by the Department or other public agencies, in accordance with rules
adopted under this Act, including, but not limited to, civil penalties,
retainage of payment, and loss of eligibility to participate. Civil
actions, including for reimbursement, damages, and money penalties, and
criminal actions may be brought by the Attorney General or the State's
Attorney for the county in which the violation occurs.
(Source: P.A. 100-461, eff. 8-25-17.)
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