HB4057 Engrossed LRB093 15084 AMC 40672 b

1     AN ACT concerning asbestos abatement.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Commercial and Public Building Asbestos
5 Abatement Act is amended by changing Sections 15 and 35 as
6 follows:
 
7     (225 ILCS 207/15)
8     Sec. 15. Definitions. As used in this Act:
9     "Asbestos abatement contractor" means any entity that
10 provides removal, enclosure, encapsulation, or disposal of
11 asbestos containing materials.
12     "Asbestos containing building materials" or "ACBM" means
13 surfacing asbestos containing materials or ACM, thermal system
14 insulation ACM, or miscellaneous ACM that is found in or on
15 interior structural members or other parts of a building.
16     "Asbestos" means the asbestiform varieties of chrysotile,
17 amosite, crocidolite, tremolite, anthrophyllite, and
18 actinolite.
19     "Asbestos inspector" means an individual who performs
20 inspections of commercial and public buildings for the presence
21 of asbestos containing materials.
22     "Asbestos materials" means any material or product that
23 contains more than 1% asbestos.
24     "Asbestos consultant" means a person offering expert or
25 professional advice as an asbestos professional or designated
26 person.
27     "Asbestos professional" means an individual who is
28 licensed by the Department to perform the duties of an
29 inspector, management planner, project designer, project
30 supervisor, project manager, or air sampling professional, as
31 applicable, except project supervisors under the direct employ
32 of a licensed asbestos abatement contractor.

 

 

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1     "Asbestos supervisor" means an asbestos abatement
2 contractor, foreman, or person designated as the asbestos
3 abatement contractor's representative who is responsible for
4 the onsite supervision of the removal, encapsulation, or
5 enclosure of friable or nonfriable asbestos-containing
6 materials in a commercial or public building.
7     "Asbestos worker" means an individual who cleans, removes,
8 encapsulates, encloses, hauls, or disposes of friable asbestos
9 material.
10     "Building/facility owner" is the legal entity, including a
11 lessee, that exercises control over management and record
12 keeping functions relating to a building or facility in which
13 activities covered by this standard take place.
14     "Commercial or public building" means the interior space of
15 any building, except that the term does not include any
16 residential apartment building of fewer than 10 units or
17 detached single family homes. The term includes, but is not
18 limited to: industrial and office buildings, residential
19 apartment buildings and condominiums of 10 or more dwelling
20 units, government-owned buildings, colleges, museums,
21 airports, hospitals, churches, schools, preschools, stores,
22 warehouses, and factories. Interior space includes exterior
23 hallways connecting buildings, porticos, and mechanical
24 systems used to condition interior space.
25     "Department" means the Department of Public Health.
26     "Designated person" means a person designated by the local
27 education agency, as defined by the Asbestos Abatement Act, to
28 ensure that the management plan has been properly implemented.
29     "Director" means the Director of Public Health.
30     "Encapsulation" means the treatment of ACBM with a material
31 that surrounds or embeds asbestos fibers in an adhesive matrix
32 that prevents the release of fibers as the encapsulant creates
33 a membrane over the surfaces (bridging encapsulant) or
34 penetrates the material and binds its components together
35 (penetrating encapsulant).
36     "Enclosure" means the construction of airtight walls and

 

 

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1 ceilings between the asbestos containing material and the
2 building environment, or around surfaces coated with asbestos
3 containing materials, or any other appropriate scientific
4 procedure as determined by the Department that prevents the
5 release of asbestos.
6     "Friable", when referring to material in a commercial or
7 public building, means that the material, when dry, may be
8 crumbled, pulverized, or reduced to powder by hand pressure and
9 includes previously nonfriable materials after such previously
10 nonfriable material becomes damaged to the extent that, when
11 dry, it may be crumbled, pulverized, or reduced to powder by
12 hand pressure.
13     "Inspection" means an activity undertaken in a public or
14 commercial building to determine the presence or location, or
15 to assess the condition of, friable or nonfriable asbestos
16 containing building material (ACBM) or suspected ACBM, whether
17 by visual or physical examination, or by collecting samples of
18 such material.
19     "Nonfriable" means material in a commercial or public
20 building which, when dry, may not be crumbled, pulverized, or
21 reduced to powder by hand pressure.
22     "Person" means any individual, group of individuals,
23 association, trust, partnership, corporation, person doing
24 business under an assumed name, or any other entity.
25     "Project designer" means an individual who designs
26 response actions for commercial or public buildings.
27     "Response action" means a method, including removal,
28 encapsulation, enclosure, repair, operations and maintenance,
29 that protects human health and the environment from friable
30 ACBM.
31     "Response action contractor" means any entity that engages
32 in response action services.
33     "Response action services" means the service of designing
34 and conducting removal, encapsulation, enclosure, repair, or
35 operations and maintenance of friable asbestos containing
36 building materials, inspection of public or commercial

 

 

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1 buildings, and inspection of asbestos containing materials.
2 The term does not include the design or conducting of response
3 actions that involve removal or possible disturbance of an
4 amount of asbestos containing building material comprising
5 less than 3 square feet or less than 3 lineal feet of other
6 friable asbestos containing building material.
7 (Source: P.A. 89-143, eff. 7-14-95.)
 
8     (225 ILCS 207/35)
9     Sec. 35. Licensing.
10     (1) No person may act as an asbestos abatement contractor
11 providing response action services unless the person is
12 licensed as an Asbestos Abatement Contractor by the Department
13 in accordance with the Asbestos Abatement Act and rules
14 promulgated under it.
15     (2) No person may act as an asbestos supervisor providing
16 response action services unless the person is licensed as a
17 Supervisor by the Department in accordance with the Asbestos
18 Abatement Act and rules promulgated under it.
19     (3) No person may act as a project designer providing
20 response action services unless the person is licensed as a
21 Project Designer by the Department in accordance with the
22 Asbestos Abatement Act and rules promulgated under it.
23     (4) No person may act as an asbestos worker providing
24 response action services unless the person is licensed as an
25 Asbestos Worker or a Supervisor by the Department in accordance
26 with the Asbestos Abatement Act and rules promulgated under it.
27     (5) No person may act as an asbestos inspector unless the
28 person is licensed as an Asbestos Inspector by the Department
29 in accordance with the Asbestos Abatement Act and rules
30 promulgated under it.
31     (6) No person may act as an air sampling professional
32 unless the person is licensed as an air sampling professional
33 by the Department in accordance with the Asbestos Abatement Act
34 and rules promulgated under it.
35     (7) No person may act as a project manager unless the

 

 

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1 person is licensed as a project manager by the Department in
2 accordance with the Asbestos Abatement Act and rules
3 promulgated under it.
4     (8) No person may act as a management planner unless the
5 person is licensed as a management planner by the Department in
6 accordance with the Asbestos Abatement Act and rules
7 promulgated under it.
8     (9) Beginning January 1, 2005, no person may act as an
9 asbestos consultant unless the person is licensed as a
10 consultant by the Department in accordance with this Act and
11 rules promulgated under it. The following are exempt from the
12 licensure requirement of this subsection:
13         (A) An employee of a local education agency who is that
14 local education agency's designated person.
15         (B) An employee of a State agency while he or she is
16 engaged in his or her professional duties for that State
17 agency.
18     (10) Individuals and entities that wish to be licensed
19 shall make application on forms prescribed and furnished by the
20 Department. Licenses shall expire annually according to a
21 schedule determined by the Department. Applications for
22 renewal of licenses shall be filed with the Department at least
23 30 days before the expiration date. When a licensure
24 examination is required, the license application shall be
25 submitted to the Department at least 30 days prior to the date
26 of the scheduled examination. The Department shall evaluate
27 each application based on its minimum standards for licensure,
28 promulgated as rules, and render a decision. Such standards may
29 include a requirement for the successful completion of a course
30 of training approved by the Department. If the Department
31 denies the application, the applicant may appeal the decision
32 under the provisions of the Administrative Review Law.
33 (Source: P.A. 89-143, eff. 7-14-95.)
 
34     Section 99. Effective date. This Act takes effect upon
35 becoming law.