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Public Act 102-0771
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| HB4369 Enrolled | LRB102 23244 CPF 32408 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by |
changing Section 9 as follows:
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(410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
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Sec. 9. Procedures upon determination of lead hazard.
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(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
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mitigation. The notice shall include information describing |
mitigation
activities which meet the requirements of this Act.
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(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:
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(A) the surface identified as the source of the lead |
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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 |
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.
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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
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requirement to use licensed lead abatement contractors, lead |
abatement supervisors, and lead abatement workers, provided
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the waiver does not endanger the health or safety of humans.
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(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.
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(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.
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(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
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and approval of a mitigation plan, the Department or delegate |
agency may
grant an extension of the deadline.
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(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 |
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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.
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(Source: P.A. 98-690, eff. 1-1-15.)
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