Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0771


 

Public Act 0771 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0771
 
HB4369 EnrolledLRB102 23244 CPF 32408 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Lead Poisoning Prevention Act is amended by
changing Section 9 as follows:
 
    (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;
        (B) the surface identified as the source of the lead
    hazard is no longer accessible to children and could not
    reasonably be chewed on by children; or
        (C) the surface coating identified as the source of
    the lead hazard is either removed or covered, or child
    access to the lead-bearing surface is otherwise prevented
    as prescribed by the Department.
    (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 may, 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. 98-690, eff. 1-1-15.)

Effective Date: 1/1/2023