(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
Sec. 2. Definitions. As used in this Act:
"Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
public or private school structure frequented by children 6 years of
age or younger.
"Childhood Lead Risk Questionnaire" means the questionnaire developed by the Department for use by physicians and other health care providers to determine risk factors for children 6 years of age or younger residing in areas designated as low risk for lead exposure. "Delegate agency" means a unit of local government or health
department approved by the Department to carry out the provisions of this Act.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a residential building used as living quarters for one household. "Elevated blood lead level" means a blood lead level in excess of the limits established under State rules. "Exposed surface" means any interior or exterior surface of
a regulated facility. "High risk area" means an area in the State determined by the Department to
be high risk for lead exposure for children 6 years of age or younger. The
Department may consider, but is not limited to, the following factors to
determine a high risk area: age and condition (using Department of Housing and
Urban
Development definitions of "slum" and "blighted") of housing, proximity to
highway traffic or heavy local traffic or both, percentage of housing
determined as rental or vacant, proximity to industry using lead, established
incidence of elevated blood lead levels in children, percentage of population
living
below 200% of federal poverty guidelines, and number of children residing in
the area who are 6 years of age or younger.
"Lead abatement" means any approved work practices that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility. The Department shall establish by rule which work practices are approved or prohibited for lead abatement. "Lead abatement contractor" means any person or entity licensed by the
Department to perform lead abatement and mitigation.
"Lead abatement supervisor" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and lead mitigation and to supervise lead workers who perform lead abatement and lead mitigation. "Lead abatement worker" means any person employed by a lead abatement
contractor and licensed by the Department to perform lead abatement and
mitigation.
"Lead activities" means the conduct of any lead services, including, lead inspection, lead risk assessment, lead mitigation, or lead abatement work or supervision in a regulated facility. "Lead-bearing substance" means any item containing or coated with lead such that the lead content is more than six-hundredths of one percent (0.06%) lead by total weight; or any dust on surfaces or in
furniture or other nonpermanent elements of the regulated facility; or any paint or
other surface coating material containing more than five-tenths of one
percent (0.5%) lead by total weight (calculated as lead metal) in the total
non-volatile content of liquid paint; or lead-bearing substances containing
greater than one milligram per square centimeter or any lower standard for
lead content in residential paint as may be established by federal law or rule; or more than 1 milligram per square centimeter in the dried
film of paint or previously applied substance; or item or dust on item containing lead in
excess of the amount specified in the rules authorized by
this Act or a lower standard for lead content as may be established by
federal law or rule. "Lead-bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that involves limited dust and paint sampling for lead-bearing substances and lead hazards. This service is used as a screening tool designed to determine if further lead investigative services are required for the regulated facility. "Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint. "Lead inspector" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead inspections; to sample for the presence of lead in paint, dust, soil, and water; and to conduct compliance investigations. "Lead mitigation" means the remediation, in a
manner described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate
health hazard to humans. "Lead poisoning" means having an elevated blood lead level.
"Lead risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead hazards. "Lead risk assessment" includes any lead sampling and visual assessment associated with conducting a lead risk assessment and lead hazard screen and all lead sampling associated with compliance investigations. "Lead risk assessor" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead risk assessments, lead inspections, and lead hazard screens; to sample for the presence of lead in paint, dust, soil, water, and sources for lead-bearing substances; and to conduct compliance investigations. "Lead training program provider" means any person providing Department-approved lead training in Illinois to individuals seeking licensure in accordance with the Act. "Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6 years of age or younger. The Department may consider the factors named in "high risk area" to determine low
risk areas. "Owner" means any person, who alone, jointly, or severally with
others:
(a) Has legal title to any regulated facility, with |
| or without actual possession of the regulated facility, or
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(b) Has charge, care, or control of the regulated
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| facility as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.
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"Person" means any individual, partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assign.
"Regulated facility" means a residential building or child care facility.
"Residential building" means any room, group of rooms, or other
interior areas of a structure designed or used for human habitation; common
areas accessible by inhabitants; and the surrounding property or structures.
(Source: P.A. 100-723, eff. 1-1-19.)
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(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
Sec. 6. Warning statement. (a) Definitions. As used in this Section: "Body piercing jewelry" means any part of jewelry that is
manufactured or sold for placement in a new piercing or a mucous
membrane, but does not include any part of that jewelry that is not
placed within a new piercing or a mucous membrane. "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of 12 and includes jewelry that meets any of the following conditions: (1) represented in its packaging, display, or |
| advertising as appropriate for use by children under the age of 12;
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(2) sold in conjunction with, attached to, or
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| packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children under the age of 12;
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(3) sized for children and not intended for use by
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(4) sold in any of the following places: a vending
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| machine; a retail store, catalogue, or online Web site in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or a discrete portion of a retail store, catalogue, or online Web site in which a person offers for sale products that are packaged, displayed or advertised as appropriate for use by children.
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"Child care article" means an item that is designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children 6 years of age or younger or to help with children 6 years of age or younger who are sucking or teething. An item meets this definition if it is (i) designed or intended to be used directly in the mouth by the child or (ii) is used to facilitate sleep, relaxation, or feeding of children 6 years of age or younger or help with children 6 years of age or younger who are sucking or teething and, because of its proximity to the child, is likely to be mouthed, chewed, sucked, or licked.
"Jewelry" means any of the following ornaments worn by a person:
(A) Ankle bracelet.
(B) Arm cuff.
(C) Bracelet.
(D) Brooch.
(E) Chain.
(F) Crown.
(G) Cuff link.
(H) Hair accessory.
(I) Earring.
(J) Necklace.
(K) Decorative pin.
(L) Ring.
(M) Body piercing jewelry.
(N) Jewelry placed in the mouth for display or
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(O) Any charm, bead, chain, link, pendant, or other
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| component of the items listed in this definition.
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(P) A charm, bead, chain, link, pendant, or other
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| attachment to shoes or clothing that can be removed and may be used as a component of an item listed in this definition.
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(Q) A watch in which a timepiece is a component of an
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| item listed in this definition, excluding the timepiece itself if the timepiece can be removed from the ornament.
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"Toy containing paint" means a toy with an accessible component containing any external coating, including, but not limited to, paint, ink, lacquer, or screen printing, designed for or intended for use by children under the age of 12 at play. For the purposes of this Section, "toy" is any object designed, manufactured, or marketed as a plaything for children under the age of 12 and is excluded from the definitions of "child care article" and "jewelry". In determining whether a toy containing paint is designed for or intended for use by children under the age of 12, the following factors shall be considered:
(i) a statement by a manufacturer about the intended
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| use of the product, including a label on the product, if such statement is reasonable;
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(ii) whether the product is represented in its
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| packaging, display, promotion, or advertising as appropriate for children under the age of 12; and
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(iii) whether the product is commonly recognized by
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| consumers as being intended for use by a child under the age of 12.
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(b) Children's products. Effective January 1, 2010, no person, firm, or corporation shall sell, have, offer for sale, or transfer the items listed in this Section that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) but less than 0.06% (600 parts per million) by total weight or a lower standard for lead content as may be established by federal or State law or rule unless that item bears a warning statement that indicates that at least one component part of the item contains lead.
The warning statement for items covered under this subsection (b) shall contain at least the following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS.".
An entity is in compliance with this subsection (b) if the warning statement is provided on the children's product or on the label on the immediate container of the children's product.
This subsection (b) does not apply to any product for which federal law governs warning in a manner that preempts State authority.
The warning statement required under this subsection (b) is not required if the component parts of the item containing lead are inaccessible to a child through normal and reasonably foreseeable use and abuse as defined by the United States Consumer Product Safety Commission.
The warning statement required under this subsection (b) is not required if the component parts in question are exempt from third-party testing as determined by the United States Consumer Product Safety Commission.
(c) Other lead-bearing substance. No person, firm, or corporation shall have,
offer for sale, sell, or give away any lead-bearing substance that may be
used by the general public, except as otherwise provided in subsection (b) of this Section, unless it bears the warning statement as
prescribed by federal rule. (i) If no rule is prescribed, the
warning statement shall be as follows when the lead-bearing substance is a lead-based paint or surface coating: "WARNING--CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
(Side or Back) Panel. Do not apply on toys, or other children's articles,
furniture, or interior, or exterior exposed surfaces of any residential
building or facility that may be occupied or used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If no rule is prescribed, the warning statement shall be as follows when the lead-bearing substance contains lead-based paint or a form of lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
For the purposes of this subsection (c), the generic term of a product, such as "paint" may be substituted
for the word "substance" in the above labeling.
(d) The warning statements on items covered in subsections (a), (b), and (c) of this Section shall be in accordance with, or substantially similar to, the following:
(1) the statement shall be located in a prominent
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| place on the item or package such that consumers are likely to see the statement when it is examined under retail conditions;
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(2) the statement shall be conspicuous and not
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| obscured by other written matter;
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(3) the statement shall be legible; and
(4) the statement shall contrast with the typography,
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| layout and color of the other printed matter.
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Compliance with 16 C.F.R. 1500.121 adopted under the Federal Hazardous Substances Act constitutes compliance with this subsection (d).
(e) The manufacturer or importer of record shall be responsible for compliance with this Section.
(f) Subsection (c) of this Section does not apply to any component part of a consumer electronic product, including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen used to access interactive software and their associated peripherals, that is not accessible to a child through normal and reasonably foreseeable use of the product. A component part is not accessible under this subsection (f) if the component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Paint, coatings, and electroplating, singularly or in any combination, are not sufficient to constitute a sealed covering or casing for purposes of this Section. Coatings and electroplating are sufficient to constitute a sealed covering for connectors, power cords, USB cables, or other similar devices or components used in consumer electronics products.
(Source: P.A. 97-612, eff. 1-1-12; 98-690, eff. 1-1-15.)
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(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
Sec. 7. Reports of lead poisoning required; lead information to remain confidential; disclosure prohibited. Every physician who
diagnoses, or a health care provider, nurse, hospital administrator, or public health officer who has
verified information of the
existence of a blood lead test result for any child or pregnant person shall report the result to the Department. Results identifying an elevated blood lead level shall be reported to the Department within 48 hours of receipt of
verification. Reports
shall include the name, address, laboratory results, date
of birth, and any other information about the child or pregnant person deemed essential by
the Department. Directors of clinical laboratories must report to the
Department, within 48 hours of receipt of verification, all
blood
lead analyses equal to or above an elevated blood lead level performed in their facility. The information included in the
clinical laboratories report shall include, but not be limited to, the child's
name, address, date of birth, name of physician ordering analysis, and specimen
type. All blood lead levels less than an elevated blood lead level must be reported to the Department in accordance
with rules adopted by the Department. These rules shall not require reporting
in less than 30 days after the end of the month in which the results
are obtained. All information obtained by the Department from any source and all information, data, reports, e-mails, letters, and other documents generated by the Department or any of its delegate agencies concerning any person subject to this Act receiving a blood lead test
shall be treated in
the same manner as information subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure and shall not be disclosed. This prohibition on disclosure extends to all information and reports obtained or created by the Department or any of its delegate agencies concerning any regulated facility that has been identified as a potential lead hazard or a source of lead poisoning. This prohibition on disclosure does not prevent the Department or its delegates from using any information it obtains civilly, criminally, or administratively to prosecute any person who violates this Act, nor does it prevent the Department or its delegates from disclosing any certificate of compliance, notice, or mitigation order issued pursuant to this Act. Any physician, nurse, hospital
administrator, director of a
clinical laboratory, public health officer, or allied health professional
making a report in good faith shall be immune from any civil or criminal
liability that otherwise might be incurred from the making of a report.
(Source: P.A. 100-723, eff. 1-1-19.)
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(410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
Sec. 8. Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level. A representative of the Department, or delegate agency, shall, after
notification that an occupant of a regulated facility is found to
have an elevated blood lead level as set forth in Section 7, upon
presentation of the appropriate credentials to the owner, occupant, or his
representative, inspect the affected dwelling units, at reasonable times,
for the purposes of ascertaining that all surfaces accessible to children
are intact and in good repair, and for purposes of ascertaining the
existence of lead-bearing substances. Such representative of the
Department, or delegate agency, may remove samples or objects necessary for
laboratory analysis, in the determination of the presence of lead-bearing
substances in the regulated facilities.
If a regulated facility is occupied by a child of less than 3 years
of age with an elevated blood lead level, the Department, in addition to all
other requirements of this Section, must inspect the dwelling
unit and common place area of the child with an elevated blood lead level. Following the inspection, the Department or its delegate agency shall:
(1) Prepare an inspection report which shall:
(A) State the address of the dwelling unit.
(B) Describe the scope of the inspection, the |
| inspection procedures used, and the method of ascertaining the existence of a lead-bearing substance in the dwelling unit.
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(C) State whether any lead-bearing substances
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| were found in the dwelling unit.
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(D) Describe the nature, extent, and location of
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| any lead-bearing substance that is found.
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(E) State either that a lead hazard does exist or
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| that a lead hazard does not exist. If a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard. The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section.
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(F) Give the name of the person who conducted the
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| inspection and the person to contact for further information regarding the inspection and the requirements of this Act.
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(2) Mail or otherwise provide a copy of the
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| inspection report to the property owner and to the occupants of the dwelling unit. If a lead-bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure.
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(Source: P.A. 98-690, eff. 1-1-15.)
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(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1) Sec. 8.1. Licensing of lead inspectors and lead risk assessors. (a) The Department shall establish standards and licensing procedures for lead inspectors and lead risk assessors. An integral element of these procedures shall be an education and training program prescribed by the Department, which shall include, but not be limited to, scientific sampling, chemistry, and construction techniques. No person shall make inspections or risk assessments without first being licensed by the Department. The penalty for inspection or risk assessment without a license shall be a Class A misdemeanor and an administrative fine. (b) The Department shall charge licensed lead inspectors and lead risk assessors reasonable license fees and the fees shall be placed in the Lead Poisoning Screening, Prevention, and Abatement Fund and used to fund the Department's licensing of lead inspectors and lead risk assessors and any other activities prescribed by this Act. A licensed lead inspector or lead risk assessor employed by the Department or its delegate agency shall not be charged a license fee. (c) The Department, upon notification by the Illinois Workers' Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed: (1) to secure workers' compensation obligations in |
| the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act;
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(2) to pay in full a fine or penalty imposed by the
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| Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act; or
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(3) to fulfill all obligations assumed pursuant to
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| any settlement reached with the Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act.
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A complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman or designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant. Enforcement of the Department's order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's or applicant's address of record or emailing a copy of the order to the licensee's or applicant's email address of record. The notice shall advise the licensee or applicant that the suspension shall be effective 60 days after the issuance of the order unless the Department receives, from the licensee or applicant, a request for a hearing before the Department to dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers' Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee's license or the processing of an applicant's application.
No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Illinois Workers' Compensation Commission or the Department of Insurance.
(Source: P.A. 103-26, eff. 1-1-24; 103-605, eff. 7-1-24.)
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(410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
Sec. 9. Procedures upon determination of lead hazard.
(1) If the inspection report identifies a lead hazard, the Department or
delegate agency shall serve a mitigation notice on the property owner that the
owner is required to mitigate the lead hazard, and shall indicate the time
period specified in this Section in which the owner must complete the
mitigation. The notice shall include information describing mitigation
activities which meet the requirements of this Act.
(2) If the inspection report identifies a lead hazard, the owner shall
mitigate the lead hazard in a manner prescribed by the Department and within
the time limit prescribed by this Section. The Department shall adopt rules
regarding acceptable methods of mitigating a lead hazard. If the source of the
lead hazard identified in the inspection report is lead paint or any other lead-bearing
surface coating, the lead hazard shall be deemed to have been mitigated
if:
(A) the surface identified as the source of the lead |
| hazard is no longer in a condition that produces a hazardous level of lead chips, flakes, dust or any other form of lead-bearing substance, that can be ingested or inhaled by humans;
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(B) the surface identified as the source of the lead
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| hazard is no longer accessible to children and could not reasonably be chewed on by children; or
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(C) the surface coating identified as the source of
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| the lead hazard is either removed or covered, or child access to the lead-bearing surface is otherwise prevented as prescribed by the Department.
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(3) Mitigation activities which involve the destruction or disturbance of
any lead-bearing surface shall be conducted by a licensed lead abatement contractor
using licensed lead abatement supervisors or lead abatement workers. The Department may prescribe by rule
mitigation activities that may be performed without a licensed lead abatement contractor, lead abatement supervisor, or lead abatement
worker. The Department may, on a case by case basis, grant a waiver of the
requirement to use licensed lead abatement contractors, lead abatement supervisors, and lead abatement workers, provided
the waiver does not endanger the health or safety of humans.
(4) The Department shall establish procedures whereby an owner,
after receiving a mitigation notice under this Section, may submit a
mitigation plan to the Department or delegate agency for review and approval.
(5) When a mitigation notice is issued for a dwelling unit inspected as a
result of an elevated blood lead level in a pregnant person or a child, or if
the dwelling unit is occupied by a child 6 years of age or younger or a pregnant person, the owner shall mitigate the hazard within 30 days of receiving the
notice; when no such child or pregnant person occupies the dwelling unit, the owner shall complete the mitigation within 90 days.
(6) An owner may apply to the Department or its delegate agency
for an extension of the deadline for mitigation. If the Department or its
delegate agency determines that the owner is making substantial progress
toward mitigation, or that the failure to meet the deadline is the result
of a shortage of licensed lead abatement contractors, lead abatement supervisors, or lead abatement workers, or that the
failure to meet the deadline is because the owner is awaiting the review
and approval of a mitigation plan, the Department or delegate agency may
grant an extension of the deadline.
(7) The Department or its delegate agency shall, after the deadline set for
completion of mitigation, conduct a follow-up inspection of any dwelling unit for
which a mitigation notice was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the activities have
sufficiently mitigated the lead hazard as provided under this Section. The
Department or its delegate agency may conduct a follow-up inspection upon the
request of an owner or resident. If, upon completing the follow-up inspection,
the Department or its delegate agency finds that the lead hazard for which the
mitigation notice was issued is not mitigated, the Department or its delegate
agency shall serve the owner with notice of the deficiency and a mitigation
order. The order shall indicate the specific actions the owner must
take to comply with the mitigation requirements of this Act, which may
include lead abatement if lead abatement is the sole means by which the lead hazard
can be mitigated. The order shall also include the date by which the
mitigation shall be completed. If, upon completing the follow-up
inspection, the Department or delegate agency finds that the mitigation
requirements of this Act have been satisfied, the Department or delegate
agency shall provide the owner with a certificate of compliance stating
that the required mitigation has been accomplished.
(Source: P.A. 102-771, eff. 1-1-23.)
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(410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
Sec. 9.1. Owner's obligation to give notice. An owner of a regulated facility
who has received a mitigation notice
under Section 9 of this Act shall, before the renewal of an existing lease agreement or before entering into a new sales contract for the dwelling unit for which the
mitigation notice was issued: (1) provide the current lessee or lessees, if the |
| lease is to be renewed, and prospective purchasers of that unit with written notice that a lead hazard has previously been identified in the dwelling unit, unless the owner has obtained a certificate of compliance for the unit under Section 9. An owner shall satisfy this notice requirement by providing the prospective lessee or purchaser with a copy of the mitigation notice and inspection report prepared pursuant to Section 9; and
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(2) provide the Department with written notice of the
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| sale of the dwelling unit for which the mitigation notice was issued, including the date of the sale, and the name, address, telephone number, and email address of the prospective purchaser of the unit.
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An owner of a regulated facility who has received a mitigation notice under Section 9 of this Act or an owner of a regulated facility who has purchased the facility from an owner who has received a mitigation notice under Section 9 of this Act and who also receives notice as provided in paragraph (1) of this Section shall, before entering into a new lease agreement for the dwelling unit for which the mitigation notice was issued, mitigate the lead hazard previously identified in the regulated facility and obtain a certificate of compliance under Section 9. For purposes of determining compliance with this Act, the date of the mitigation notice for an owner of a regulated facility who has purchased the facility from an owner subject to this Section and who also receives notice as provided for in paragraph (1) of this Section shall be deemed to be the date of the sale as provided for in paragraph (2) of this Section.
Before entering into a residential lease agreement or sales contract, all owners
of regulated facilities containing dwelling units built before 1978
shall give prospective lessees or purchasers information on the potential
health hazards posed by lead in regulated facilities by providing
prospective lessees or purchasers with a copy of an informational brochure prepared by the
Department and shall be consistent with the requirements set forth in 40 CFR Part 745, Subpart F.
(Source: P.A. 98-690, eff. 1-1-15; 99-790, eff. 1-1-17.)
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(410 ILCS 45/11.05)
Sec. 11.05. Advisory Council.
(a) The General Assembly finds the following:
(1) Lead-based paint poisoning is a potentially |
| devastating but preventable disease and is the number one environmental threat to children's health in the United States.
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(2) The number of lead-poisoned children in Illinois
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| is among the highest in the nation, especially in older, affordable properties.
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(3) Lead poisoning causes irreversible damage to the
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| development of a child's nervous system. Even at low and moderate levels, lead poisoning causes learning disabilities, speech problems, shortened attention span, hyperactivity, and behavioral problems. Recent research links high levels of lead exposure to lower IQ scores and to juvenile delinquency.
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(4) Older housing is the number one risk factor for
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| childhood lead poisoning. Properties built before 1950 are statistically much more likely to contain lead-based paint hazards than buildings constructed more recently.
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(5) Illinois ranks 10th out of the 50 states in the
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| age of its housing stock. More than 50% of the housing units in Chicago and in Rock Island, Peoria, Macon, Madison, and Kankakee counties were built before 1960 and more than 43% of the housing units in St. Clair, Winnebago, Sangamon, Kane, and Cook counties were built before 1950.
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(6) There are nearly 1.4 million households with
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| lead-based paint hazards in Illinois.
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(7) Most children are lead-poisoned in their own
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| homes through exposure to lead dust from deteriorated lead-paint surfaces, like windows, and when lead paint deteriorates or is disturbed through home renovation and repainting.
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(8) The control of lead hazards significantly reduces
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| lead poisoning rates. Other communities, including New York City and Milwaukee, have successfully reduced lead poisoning rates by removing lead-based paint hazards on windows.
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(9) Windows are considered a higher lead exposure
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| risk more often than other components in a housing unit. Windows are a major contributor of lead dust in the home, due to both weathering conditions and friction effects on paint.
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(10) There is an insufficient pool of licensed lead
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| abatement workers and contractors to address the problem in some areas of the State.
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(11) Training, insurance, and licensing costs for
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| lead removal workers are prohibitively high.
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(12) Through grants from the United States Department
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| of Housing and Urban Development, some communities in Illinois have begun to reduce lead poisoning of children. While this is an ongoing effort, it addresses only a small number of the low-income children statewide in communities with high levels of lead paint in the housing stock.
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(b) For purposes of this Section:
"Advisory Council" means the Lead-Safe Housing Advisory
Council created under subsection (c).
"Lead-Safe Housing Maintenance Standards" or "Standards"
means standards developed by the Advisory Council pursuant
to this Section.
"Low-income" means a household at or below 80% of the median
income level for a given county as determined annually by
the United States Department of Housing and Urban
Development.
"Primary prevention" means removing lead hazards before a child is
poisoned
rather than relying on identification of a lead poisoned child as the
triggering event.
(c) The Lead-Safe Housing Advisory
Council is created to advise the Department on lead poisoning prevention
activities. The Advisory Council shall be
chaired by the Director or his or her designee and the chair of the Illinois
Lead Safe Housing Task Force and provided with administrative support by the
Department. The Advisory Council shall be comprised of (i) the directors, or
their designees, of the Illinois Housing Development Authority and the
Environmental Protection Agency; and (ii) the directors, or their designees,
of public health departments of counties identified by the Department that
contain communities with a concentration of
high-risk, lead-contaminated properties.
The Advisory Council shall also include the following members appointed by
the Governor:
(1) One representative from the Illinois Association
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(2) One representative from the insurance industry.
(3) Two pediatricians or other physicians with
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| knowledge of lead-paint poisoning.
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(4) Two representatives from the private-sector, lead
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| abatement industry who are licensed in Illinois as a lead abatement contractor, lead abatement supervisor, lead abatement worker, lead inspector, or lead risk assessor.
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(5) Two representatives from community based
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| organizations in communities with a concentration of high risk lead contaminated properties. High-risk communities shall be identified based upon the prevalence of low-income families whose children are lead poisoned and the age of the housing stock.
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(6) At least 3 lead-safe housing advocates, including
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| (i) the parent of a lead-poisoned child, (ii) a
representative from a child advocacy organization,
and (iii) a representative from a tenant housing
organization.
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(7) One representative from the Illinois paint and
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Within 9 months after its
formation, the Advisory Council
shall submit a written report to the Governor and the General Assembly on:
(1) developing a primary prevention program for
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| addressing lead poisoning;
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(2) developing a sufficient pool of lead abatement
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(3) targeting blood lead testing for children
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| residing in high-risk buildings and neighborhoods;
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(4) ensuring lead-safe work practices in all
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| remodeling, rehabilitation, and weatherization work;
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(5) funding mechanisms to assist residential property
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| owners in costs of lead abatement and mitigation;
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(6) providing insurance subsidies to licensed lead
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| abatement contractors who target their work to high-risk communities; and
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(7) developing any necessary legislation or
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| rulemaking to improve the effectiveness of State and local programs in lead abatement and other prevention and control activities.
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The Advisory Council shall develop handbooks and training for property owners
and tenants
explaining the Standards and State and federal requirements for
lead-safe housing.
The Advisory Council shall meet at least quarterly. Its members shall
receive no compensation for
their services, but their reasonable travel expenses actually incurred shall be
reimbursed by the Department.
(Source: P.A. 98-690, eff. 1-1-15.)
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(410 ILCS 45/12.2) Sec. 12.2. Violations and enforcement. (a) The following provisions shall apply concerning criminal sanctions: (1) Violation of any Section of this Act other than |
| Section 6.01 or Section 7 shall be punishable as a Class A misdemeanor. A violation of Section 6.01 shall cause the Department to issue a written warning for a first offense and shall be a petty offense for a second or subsequent offense if the violation occurs at the same location within 12 months after the first offense.
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(2) Any person who knowingly violates this Act or
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| the rules adopted by the Department or who knowingly violates any determination or order of the Department under this Act shall be guilty of a Class 4 felony. A person who, after being convicted under this paragraph, knowingly violates this paragraph a second or subsequent time commits a Class 3 felony.
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(3) Any person who knowingly makes a false
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| statement, orally or in writing, to the Department related to or required by this Act, a rule adopted under this Act, any federal law or rule for which the Department has responsibility, or any determination or order of the Department under this Act, or any permit, term, or condition thereof, commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this paragraph, knowingly violates this paragraph a second or subsequent time commits a Class 3 felony.
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(4) Any criminal action brought under this Section
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| shall be brought by the State's Attorney of the county in which the violation occurred or by the Attorney General and shall be conducted in accordance with the applicable provisions of the Code of Criminal Procedure of 1963.
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(5) For an offense described in this subsection (a),
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| the period for commencing prosecution prescribed by the statute of limitations shall not begin to run until the offense is discovered by or reported to a State or local agency having the authority to investigate violations of this Act.
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(6) In addition to any other penalty provided under
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| this Act, the court in a criminal action brought under this subsection (a) may impose upon any person who violates this Act or the rules adopted under this Act or who does not comply with a notice of deficiency and a mitigation order issued under subsection (7) of Section 9 of this Act or who fails to comply with subsection (3) or subsection (5) of Section 9 of this Act a penalty not to exceed $5,000 for each violation. Each day a violation exists constitutes a separate violation. In assessing a criminal penalty under this Section, the court shall consider any civil fines the person has paid which were imposed pursuant to subsection (b) of this Section. Any penalties collected in a court proceeding shall be deposited into a delegated county lead poisoning screening, prevention, and abatement fund or, if no delegated county or lead poisoning screening, prevention, and abatement fund exists, into the Lead Poisoning Screening, Prevention, and Abatement Fund established under Section 7.2 of this Act.
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(b) The Department is authorized to assess administrative civil fines against any licensee or any other person who violates this Act or the rules adopted under this Act. These fines may be assessed in addition to or in lieu of license suspensions or revocations and in addition to or in lieu of criminal sanctions. The amount of the administrative civil fine shall be determined by rules adopted by the Department. Each day a violation exists shall constitute a separate violation. The minimum civil fine shall be $50 per violation per day and the maximum civil fine shall be $5,000 per violation per day. Any civil fines so collected shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund established under Section 7.2 of this Act.
(c) The Director, after notice and opportunity for hearing, may deny, suspend, or revoke a license of a licensee or fine a licensee or any other person who has violated this Act or the rules adopted under this Act. Notice shall be provided by certified mail, return receipt requested, or by personal service, fixing a date, not less than 15 days from the date of such mailing or service, at which time the person shall be given an opportunity to request a hearing. Failure to request a hearing within that time period constitutes a waiver of the right to a hearing. The hearing shall be conducted by the Director or by an individual designated in writing by the Director as a hearing officer to conduct the hearing. On the basis of any such hearing or upon default of the respondent, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the respondent.
(d) The procedure governing hearings authorized by this Section shall be in accordance with rules adopted by the Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and hearing officer. All testimony shall be reported, but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. The Director or hearing officer shall, upon his or her own motion or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses and subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Director or hearing officer, the fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Department in its discretion may require a deposit to cover the cost of such service and witness fees. A subpoena or subpoena duces tecum so issued pursuant to this subsection (d) shall be served in the same manner as a subpoena issued by a circuit court.
(e) Any circuit court of this State, upon the application of the Director or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda, and the giving of testimony before the Director or hearing officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.
(f) All final administrative decisions of the Department under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted under it. "Administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure. The Department is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of $2 per page representing the costs of the certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action.
(g) The State's Attorney of the county in which the violation occurred or the Attorney General shall bring such actions in the name of the people of the State of Illinois and may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, impose civil penalties, and enjoin the operation of any such person or establishment.
(Source: P.A. 98-690, eff. 1-1-15.)
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(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
Sec. 14. Departmental rules and activities. The Department shall
establish and publish rules governing permissible
limits of lead in and about regulated facilities.
No later than 180 days after the effective date of this amendatory Act of the 100th General Assembly, the Department shall submit proposed amended rules to the Joint Committee on Administrative Rules to update: the definition of elevated blood lead level to be in accordance with the most recent childhood blood lead level reference value from the federal Centers for Disease Control and Prevention; the current requirements for the inspection of regulated facilities occupied by children based on the updated definition of elevated blood lead level or the history of lead hazards; and any other existing rules that will assist the Department in its efforts to prevent, reduce, or mitigate the negative impact of instances of lead poisoning among children. The changes made to this Section by this amendatory Act of the 100th General Assembly do not preclude subsequent rulemaking by the Department. The Department shall also initiate activities that:
(a) Either provide for or support the monitoring and |
| validation of all medical laboratories and private and public hospitals that perform lead determination tests on human blood or other tissues.
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(b) Subject to Section 7.2 of this Act, provide
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| laboratory testing of blood specimens for lead content to any physician, hospital, clinic, free clinic, municipality, or private organization that cannot secure or provide the services through other sources. The Department shall not assume responsibility for blood lead analysis required in programs currently in operation.
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(c) Develop or encourage the development of
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| appropriate programs and studies to identify sources of lead intoxication and assist other entities in the identification of lead in children's blood and the sources of that intoxication.
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(d) Provide technical assistance and consultation to
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| local, county, or regional governmental or private agencies for the promotion and development of lead poisoning prevention programs.
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(e) Provide recommendations by the Department on the
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| subject of identification, case management, and treatment of lead poisoning.
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(f) Maintain a clearinghouse of information, and will
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| develop additional educational materials, on (i) lead hazards to children, (ii) lead poisoning prevention, (iii) blood lead testing, (iv) lead mitigation, lead abatement, and disposal, and (v) health hazards during lead abatement. The Department shall make this information available to the general public.
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(Source: P.A. 100-723, eff. 1-1-19.)
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