|
|||||||
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |