Rep. Arthur L. Turner
Filed: 3/30/2004
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1 | AMENDMENT TO HOUSE BILL 4481
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2 | AMENDMENT NO. ______. Amend House Bill 4481 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Childhood Lead Poisoning Reduction Act. | ||||||
6 | Section 5. Findings. The General Assembly finds that: | ||||||
7 | (a) More than 300,000 American children may have levels of | ||||||
8 | lead in their blood in excess of 10 micrograms per deciliter. | ||||||
9 | Unless prevented or treated, elevated blood lead levels in | ||||||
10 | egregious cases may result in impairment of the ability to | ||||||
11 | think, concentrate, and learn.
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12 | (b) A significant cause of lead poisoning in children is | ||||||
13 | the ingestion of lead particles from deteriorating or abraded | ||||||
14 | lead-based paint from older, poorly maintained residences. | ||||||
15 | (c) The health and development of these children and many | ||||||
16 | others are endangered by chipping or peeling lead-based paint | ||||||
17 | or excessive amounts of lead-contaminated dust in poorly | ||||||
18 | maintained homes. | ||||||
19 | (d) Ninety percent of lead-based paint still remaining in | ||||||
20 | occupied housing exists in units built before 1960, with the | ||||||
21 | remainder in units built before 1978. | ||||||
22 | (e) The dangers posed by lead-based paint can be | ||||||
23 | substantially reduced and largely eliminated by taking | ||||||
24 | measures to prevent paint deterioration and limiting |
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1 | children's exposure to paint chips and lead dust. | ||||||
2 | (f) The deterioration of lead-based paint in older | ||||||
3 | residences results in increased expenses each year for the | ||||||
4 | State of Illinois in the form of special education and other | ||||||
5 | education expenses, medical care for lead-poisoned children, | ||||||
6 | and expenditures for delinquent youth and others needing | ||||||
7 | special supervision. | ||||||
8 | (g) Older housing units remain an important part of | ||||||
9 | Illinois housing stock, particularly for those of modest or | ||||||
10 | limited incomes. | ||||||
11 | (h) The possibility of liability exposure among landlords | ||||||
12 | has led many to abandon older properties or to place them in | ||||||
13 | "shell corporations" in order to avoid personal liability. | ||||||
14 | (i) Knowledge of lead-based paint hazards, their control, | ||||||
15 | mitigation, abatement, and risk avoidance is not sufficiently | ||||||
16 | widespread, especially outside urban areas. | ||||||
17 | (j) The incidence of childhood lead poisoning can be | ||||||
18 | reduced substantially without significant additional cost to | ||||||
19 | the State by creating appropriate incentives for property | ||||||
20 | owners to make their properties lead-free or lead-safe and by | ||||||
21 | targeting existing State resources used to prevent childhood | ||||||
22 | lead poisoning more effectively. | ||||||
23 | Section 10. Purpose. To promote the elimination of | ||||||
24 | childhood lead poisoning in Illinois, the purposes of this Act | ||||||
25 | are: | ||||||
26 | (a) to significantly reduce the incidence of childhood lead | ||||||
27 | poisoning in Illinois; | ||||||
28 | (b) to increase the supply of affordable rental housing in | ||||||
29 | Illinois in which measures have been taken to reduce | ||||||
30 | substantially the risk of childhood lead poisoning; | ||||||
31 | (c) to improve public awareness of lead safety issues and | ||||||
32 | to educate property owners and tenants about practices that can | ||||||
33 | reduce the incidence of lead poisoning; |
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1 | (d) to provide protection from potentially ruinous tort | ||||||
2 | actions for those landlords who undertake specified lead hazard | ||||||
3 | reduction measures; | ||||||
4 | (e) to encourage the testing of children likely to suffer | ||||||
5 | the consequences of lead poisoning so that prompt diagnosis and | ||||||
6 | treatment, as well as the prevention of harm, are possible; and | ||||||
7 | (f) to provide a mechanism to facilitate prompt payment of | ||||||
8 | medical and rehabilitation expenses and relocation costs for | ||||||
9 | those individuals who are affected by childhood lead poisoning.
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10 | Section 15. Definitions. In this Act: | ||||||
11 | "Abatement" means any set of measures designed to | ||||||
12 | permanently eliminate lead-based paint or lead-based paint | ||||||
13 | hazards. Abatement includes the removal of lead-based paint and | ||||||
14 | dust-lead hazards, the permanent enclosure or encapsulation of | ||||||
15 | lead-based paint, the replacement of components or fixtures | ||||||
16 | painted with lead-based paint, and the removal or permanent | ||||||
17 | covering of soil-based hazards.
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18 | "Affected property" means a room or group of rooms within a | ||||||
19 | property constructed before 1978 that form a single independent | ||||||
20 | habitable dwelling unit for occupation by one or more | ||||||
21 | individuals that has living facilities with permanent | ||||||
22 | provisions for living, sleeping, eating, cooking, and | ||||||
23 | sanitation. "Affected property" does not include: | ||||||
24 | (1) an area not used for living, sleeping, eating, | ||||||
25 | cooking, or sanitation, such as an unfinished basement;
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26 | (2) unit within a hotel, motel, or similar seasonal or | ||||||
27 | transient facility unless such unit is occupied by one or | ||||||
28 | more persons at risk for a period exceeding 30 days;
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29 | (3) an area which is secured and inaccessible to | ||||||
30 | occupants; | ||||||
31 | (4) a unit which is not offered for rent; or
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32 | (5) any property owned or operated by a unit of | ||||||
33 | federal, State, or local government, or any public, |
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1 | quasi-public, or municipal corporation, if the property is | ||||||
2 | subject to lead standards that are equal to, or more | ||||||
3 | stringent than, the requirements for lead-safe status | ||||||
4 | under subsection (b) of Section 25. | ||||||
5 | "Change in occupancy" means a change of tenant in an | ||||||
6 | affected property in which the property is vacated and | ||||||
7 | possession is either surrendered to the owner or abandoned. | ||||||
8 | "Chewable surface" means an interior or exterior surface | ||||||
9 | painted with lead-based paint that a child under the age of 6 | ||||||
10 | can mouth or chew. Hard metal substrates and other materials | ||||||
11 | that cannot be dented by the bite of a child under the age of 6 | ||||||
12 | are not considered chewable. | ||||||
13 | "Containment" means the physical measures taken to ensure | ||||||
14 | that dust and debris created or released during lead-based | ||||||
15 | paint hazard reduction are not spread, blown, or tracked from | ||||||
16 | inside to outside of the worksite.
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17 | "Deteriorated paint" means any interior or exterior paint | ||||||
18 | or other coating that is peeling, chipping, chalking, or | ||||||
19 | cracking, or any paint or coating located on an interior or | ||||||
20 | exterior surface or fixture that is otherwise damaged or | ||||||
21 | separated from the substrate. | ||||||
22 | "Dust-lead hazard" means surface dust in a residential | ||||||
23 | dwelling or a facility occupied by a person at risk that | ||||||
24 | contains a mass per area concentration of lead equal to or | ||||||
25 | exceeding 40 micrograms per square foot on floors or 250 | ||||||
26 | micrograms per square foot on interior windowsills based on | ||||||
27 | wipe samples.
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28 | "Dwelling unit" means a: | ||||||
29 | (1) Single-family dwelling, including attached | ||||||
30 | structures such as porches and stoops; or | ||||||
31 | (2) Housing unit in a structure that contains more than | ||||||
32 | one separate housing unit, and in which each such unit is | ||||||
33 | used or occupied, or intended to be used or occupied, in | ||||||
34 | whole or in part, as the home or separate living quarters |
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1 | of one or more persons.
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2 | "Elevated blood lead" or "EBL" means a quantity of lead in | ||||||
3 | whole venous blood, expressed in micrograms per deciliter, that | ||||||
4 | exceeds 15 micrograms per deciliter or such other level as may | ||||||
5 | be specifically provided in this Act. | ||||||
6 | "Encapsulation" means the application of a covering or | ||||||
7 | coating that acts as a barrier between the lead-based paint and | ||||||
8 | the environment and that relies for its durability on adhesion | ||||||
9 | between the encapsulant and the painted surface, and on the | ||||||
10 | integrity of the existing bonds between paint layers and | ||||||
11 | between the paint and the substrate. Encapsulation may be used | ||||||
12 | as a method of abatement if it is designed and performed so as | ||||||
13 | to be permanent.
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14 | "Exterior surfaces" means: | ||||||
15 | (1) all fences and porches that are part of an affected | ||||||
16 | property; | ||||||
17 | (2) all outside surfaces of an affected property that | ||||||
18 | are accessible to a child under the age of 6 and that: | ||||||
19 | (A) are attached to the outside of an affected | ||||||
20 | property; or | ||||||
21 | (B) consist of other buildings that are part of the | ||||||
22 | affected property; and | ||||||
23 | (3) all painted surfaces in stairways, hallways, | ||||||
24 | entrance areas, recreation areas, laundry areas, and | ||||||
25 | garages within a multifamily rental dwelling unit that are | ||||||
26 | common to individual dwelling units and are accessible to a | ||||||
27 | child under the age of 6. | ||||||
28 | "Friction surface" means an interior or exterior surface | ||||||
29 | that is subject to abrasion or friction, including, but not | ||||||
30 | limited to, certain window, floor, and stair surfaces.
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31 | "Hazard reduction" means measures designed to reduce or | ||||||
32 | eliminate human exposure to lead-based hazards through methods | ||||||
33 | including interim controls or abatement or a combination of the | ||||||
34 | two. |
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1 | "High efficiency particle air vacuum" or "HEPA-vacuum" | ||||||
2 | means a device capable of filtering out particles of 0.3 | ||||||
3 | microns or greater from a body of air at an efficiency of | ||||||
4 | 99.97% or greater. "HEPA-vacuum" includes use of a HEPA-vacuum. | ||||||
5 |
"Impact surface" means an interior or exterior surface | ||||||
6 | that is subject to damage from the impact of repeated sudden | ||||||
7 | force, such as certain parts of door frames. | ||||||
8 | "Inspection" means a comprehensive investigation to | ||||||
9 | determine the presence of lead-based paint hazards and the | ||||||
10 | provision of a report explaining the results of the | ||||||
11 | investigation.
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12 | "Interim controls" means a set of measures designed to | ||||||
13 | reduce temporarily human exposure to lead-based paint hazards. | ||||||
14 | Interim controls include, but are not limited to, repairs, | ||||||
15 | painting, temporary containment, specialized cleaning, | ||||||
16 | clearance, ongoing lead-based paint maintenance activities, | ||||||
17 | and the establishment and operation of management and resident | ||||||
18 | education programs. | ||||||
19 |
"Interior windowsill" means a portion of the horizontal | ||||||
20 | window ledge that is protruding into the interior of a room.
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21 | "Lead-based paint" means paint or other surface coatings | ||||||
22 | that contain lead equal to or exceeding one milligram per | ||||||
23 | square centimeter or 0.5 % by weight or 5,000 parts per million | ||||||
24 | by weight.
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25 | "Lead-based paint hazard" means paint-lead hazards and | ||||||
26 | dust-lead hazards.
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27 | "Lead-contaminated dust" means dust in affected properties | ||||||
28 | that contains an area or mass concentration of lead in excess | ||||||
29 | of the lead content level determined by the Director by | ||||||
30 | regulation. | ||||||
31 | "Director's local designee" means a municipal, county, or | ||||||
32 | other official designated by the Director of Public Health, | ||||||
33 | responsible for assisting the Director or Director of Public | ||||||
34 | Health, relevant State agencies, and relevant county and |
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1 | municipal authorities, in implementing the activities | ||||||
2 | specified by the Act for the geographical area in which the | ||||||
3 | affected property is located. | ||||||
4 | "Owner" means a person, firm, corporation, nonprofit | ||||||
5 | organization, partnership, government, guardian, conservator, | ||||||
6 | receiver, trustee, executor, or other judicial officer, or | ||||||
7 | other entity which, alone or with others, owns, holds, or | ||||||
8 | controls the freehold or leasehold title or part of the title | ||||||
9 | to property, with or without actually possessing it. The | ||||||
10 | definition includes a vendee who possesses the title, but does | ||||||
11 | not include a mortgagee or an owner of a reversionary interest | ||||||
12 | under a ground rent lease. | ||||||
13 | "Owner" includes any authorized agent of the owner, | ||||||
14 | including a property manager or leasing agent.
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15 | "Paint-lead hazard" means any one of the following: | ||||||
16 | (1) Any lead-based paint on a friction surface that is | ||||||
17 | subject to abrasion and where the dust-lead levels on the | ||||||
18 | nearest horizontal surface underneath the friction surface | ||||||
19 | (e.g., the windowsill or floor) are equal to or greater | ||||||
20 | than the dust-lead hazard levels defined in this | ||||||
21 | subsection; | ||||||
22 | (2) Any damaged or otherwise deteriorated lead-based | ||||||
23 | paint on an impact surface that is caused by impact from a | ||||||
24 | related building material, such as a door knob that knocks | ||||||
25 | into a wall or a door that knocks against its door frame; | ||||||
26 | (3) Any chewable lead-based painted surface on which | ||||||
27 | there is evidence of teeth marks; or | ||||||
28 | (4) Any other deteriorated lead-based paint in or on | ||||||
29 | the exterior of any residential building or any facility | ||||||
30 | occupied by a person at risk.
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31 | "Permanent" means an expected design life of at least 20 | ||||||
32 | years. | ||||||
33 | "Person at risk" means a child under the age of 6 or a | ||||||
34 | pregnant woman who resides or regularly spends at least 24 |
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1 | hours per week in an affected property. | ||||||
2 | "Relocation expenses" means all expenses necessitated by | ||||||
3 | the relocation of a tenant's household to lead-safe housing, | ||||||
4 | including moving and hauling expenses, the HEPA-vacuuming of | ||||||
5 | all upholstered furniture, payment of a security deposit for | ||||||
6 | the lead-safe housing, and installation and connection of | ||||||
7 | utilities and appliances. | ||||||
8 |
"Soil-lead hazard" means soil on residential real property | ||||||
9 | or on property of a facility occupied by a person at risk that | ||||||
10 | contains total lead equal to or exceeding 400 parts per million | ||||||
11 | in a play area or average of 1,200 parts per million of bare | ||||||
12 | soil in the rest of the yard based on soil samples. | ||||||
13 | "Tenant" means the individual named as the lessee in a | ||||||
14 | lease, rental agreement, or occupancy agreement for a dwelling | ||||||
15 | unit.
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16 | "Wipe sample" means a sample collected by wiping a | ||||||
17 | representative surface of known area, as determined by ASTM | ||||||
18 | E1728 ("Standard Practice for the Field Collection of Settled | ||||||
19 | Dust Samples Using Wipe Sampling Methods for Lead Determination | ||||||
20 | by Atomic Spectrometry Techniques"), with lead determination | ||||||
21 | conducted by an accredited laboratory participating in the | ||||||
22 | Environmental Lead Laboratory Accreditation Program (NLAP).
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23 | Section 20. Lead Poisoning Prevention Commission. | ||||||
24 | (a) The Governor shall appoint a Lead Poisoning Prevention | ||||||
25 | Commission.
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26 | (1) The duties of the Commission are to: | ||||||
27 | (A) report to the Governor, the President of the | ||||||
28 | Senate, and the Speaker of the House in writing by | ||||||
29 | October 1, 2005, recommending legislation providing | ||||||
30 | effective measures providing both additional | ||||||
31 | incentives for all affected property owners to bring | ||||||
32 | their premises into compliance with the lead safe | ||||||
33 | standards outlined in subsection (b) of Section 25, |
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1 | additional means of enforcement and penalties for | ||||||
2 | those property owners who fail to achieve compliance. | ||||||
3 | The incentives to be considered should include, among | ||||||
4 | others, state income or local property tax credits and | ||||||
5 | revolving loan funds; | ||||||
6 | (B) study and collect information on the | ||||||
7 | effectiveness of this Act in fulfilling its | ||||||
8 | legislative purposes as defined in Section 10; | ||||||
9 | (C) make policy recommendations, in addition to | ||||||
10 | those mandated by subparagraph (A), regarding how best | ||||||
11 | to achieve the legislative purposes of this Act as set | ||||||
12 | forth in Section 10; | ||||||
13 | (D) consult with the responsible departments of | ||||||
14 | state government on the implementation of this Act; and
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15 | (E) write and submit a report by October 1, 2005 to | ||||||
16 | the Governor, the President of the Senate, and the | ||||||
17 | Speaker of the House, on the results of implementing | ||||||
18 | this Act. | ||||||
19 | (2) The Commission shall consist of 11 members. The | ||||||
20 | membership shall include: | ||||||
21 | (A) the Director of Public Health or his or her | ||||||
22 | local designee; | ||||||
23 | (B) the Director of the Illinois Housing | ||||||
24 | Development Authority or his or her local designee; | ||||||
25 | (C) two members of the State Senate, one appointed | ||||||
26 | by the President of the Senate and the other appointed | ||||||
27 | by the Senate Minority Leader; | ||||||
28 | (D) two members of the State House of | ||||||
29 | Representatives, one appointed by the Speaker of the | ||||||
30 | House and the other appointed by the House Minority | ||||||
31 | Leader; and | ||||||
32 | (E) five members appointed by the Governor | ||||||
33 | including: | ||||||
34 | (i) a child advocate; |
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1 | (ii) a health care provider; | ||||||
2 | (iii) a representative of local government; | ||||||
3 | and | ||||||
4 | (iv) two owners of rental property in the | ||||||
5 | State. | ||||||
6 | (3) The Commission shall be chaired by the Director of | ||||||
7 | Public Health.
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8 | (4) Members of the Commission shall serve without | ||||||
9 | additional compensation.
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10 | Section 25. Requirements for lead-free status and | ||||||
11 | lead-safe status. | ||||||
12 | (a) Requirements for lead-free property status. An | ||||||
13 | affected property is lead-free if: | ||||||
14 | (1) the affected property was constructed after 1960; | ||||||
15 | or | ||||||
16 | (2) the owner of the affected property submits to the | ||||||
17 | Director of the Public Health for the jurisdiction in which | ||||||
18 | such property is located an inspection report which | ||||||
19 | indicates that the affected property has been tested for | ||||||
20 | the presence of lead in accordance with standards and | ||||||
21 | procedures established by the regulations promulgated by | ||||||
22 | the Director and states that: | ||||||
23 | (A) all interior surfaces of the affected property | ||||||
24 | are lead-free; and | ||||||
25 | (B) all exterior painted surfaces of the affected | ||||||
26 | property that were chipping, peeling, or flaking have | ||||||
27 | been restored with non-lead-based, or no exterior | ||||||
28 | painted surfaces of the affected property are | ||||||
29 | chipping, peeling, or flaking. | ||||||
30 | (b) Requirements for lead-safe property status. An | ||||||
31 | affected property is lead-safe if the following treatments to | ||||||
32 | reduce lead-based paint hazards have been completed by someone | ||||||
33 | certified under Section 35 of this Act and in compliance with |
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1 | the regulations established by the Director of Public Health: | ||||||
2 | (1) visual review of all exterior and interior painted | ||||||
3 | surfaces; | ||||||
4 | (2) removal and repainting of chipping, peeling, or | ||||||
5 | flaking paint on exterior and interior painted surfaces; | ||||||
6 | (3) stabilization and repainting of any interior or | ||||||
7 | exterior painted surface which have lead-based paint | ||||||
8 | hazards; | ||||||
9 | (4) repair of any structural defect that is causing the | ||||||
10 | paint to chip, peel, or flake that the owner of the | ||||||
11 | affected property has knowledge of, or with the exercise of | ||||||
12 | reasonable care, should have knowledge of; | ||||||
13 | (5) stripping and repainting, replacing, or | ||||||
14 | encapsulating all interior windowsills and window troughs | ||||||
15 | with vinyl, metal, or any other durable materials which | ||||||
16 | render the surface smooth and cleanable; | ||||||
17 | (6) installation of caps of vinyl, aluminum, or any | ||||||
18 | other material in a manner and under conditions approved by | ||||||
19 | the Director of Public Health in all window wells in order | ||||||
20 | to make the window wells smooth and cleanable; | ||||||
21 | (7) fixing the top sash of all windows in place in | ||||||
22 | order to eliminate the friction caused by movement of the | ||||||
23 | top sash, except for a treated or replacement window that | ||||||
24 | is free of lead-based paint on its friction surfaces; | ||||||
25 | (8) re-hanging all doors as necessary to prevent the | ||||||
26 | rubbing together of a lead-painted surface with another | ||||||
27 | surface; | ||||||
28 | (9) making all bare floors smooth and cleanable; | ||||||
29 | (10) ensuring that all kitchen and bathroom floors are | ||||||
30 | overlaid with a smooth, water-resistant covering; and | ||||||
31 | (11) HEPA-vacuuming and washing of the interior of the | ||||||
32 | affected property with high phosphate detergent or its | ||||||
33 | equivalent, as determined by the Director of Public Health. | ||||||
34 | (c) Repairs to comply with standards. |
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1 | (1) Whenever an owner of an affected property intends | ||||||
2 | to make repairs or perform maintenance work that will | ||||||
3 | disturb the paint on interior surfaces of an affected | ||||||
4 | property, the owner shall give any tenant in such affected | ||||||
5 | property at least 48 hours' written advance notice and | ||||||
6 | shall make reasonable efforts to ensure that all persons | ||||||
7 | who are not persons at risk are not present in the area | ||||||
8 | where work is performed and that all persons at risk are | ||||||
9 | removed from the affected property when the work is | ||||||
10 | performed. | ||||||
11 | (2) A tenant shall allow access to an affected | ||||||
12 | property, at reasonable times, to the owner to perform any | ||||||
13 | work required under this Act. | ||||||
14 | (3) If a tenant must vacate an affected property for a | ||||||
15 | period of 24 hours or more in order to allow an owner to | ||||||
16 | perform work that will disturb the paint on interior | ||||||
17 | surfaces, the owner shall pay the reasonable expenses that | ||||||
18 | the tenant incurs directly related to the required | ||||||
19 | relocation. | ||||||
20 | (4) If an owner has made all reasonable efforts to | ||||||
21 | cause the tenant to temporarily vacate an affected property | ||||||
22 | in order to perform work that will disturb the paint on | ||||||
23 | interior surfaces, and the tenant refuses to vacate the | ||||||
24 | affected property, the owner may not be liable for any | ||||||
25 | damages arising from the tenant's refusal to vacate. | ||||||
26 | (5) If an owner has made all reasonable efforts to gain | ||||||
27 | access to an affected property in order to perform any work | ||||||
28 | required under this Act, and the tenant refuses to allow | ||||||
29 | access, even after receiving reasonable advance notice of | ||||||
30 | the need for access, the owner may not be liable for any | ||||||
31 | damages arising from the tenant's refusal to allow access. | ||||||
32 | Section 30. Inspection of affected properties. | ||||||
33 | (a) Voluntary inspections. |
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1 | (1) An owner of an affected property at any time after | ||||||
2 | the effective date of this Act may request that the | ||||||
3 | Director of the Department of Public Health or a Director's | ||||||
4 | local designee inspect an affected property to determine | ||||||
5 | whether it complies with the requirements of lead-free as | ||||||
6 | specified in subsection (a) of Section 25 or the | ||||||
7 | requirements of lead-safe as specified in subsection (b) of | ||||||
8 | Section 25. Such inspection shall be completed within 30 | ||||||
9 | days following the owner's request. | ||||||
10 | (2) Any affected property certified as either | ||||||
11 | lead-free or lead-safe following a voluntary inspection | ||||||
12 | pursuant to subsection (a)(1) shall be: | ||||||
13 | (A) entitled to the liability protection | ||||||
14 | provisions of Section 40; and | ||||||
15 | (B) in compliance with all state and local | ||||||
16 | requirements, whether included in housing codes or | ||||||
17 | ordinances or any other regulatory or criminal | ||||||
18 | statutes or ordinances, governing lead paint contained | ||||||
19 | in an affected property. | ||||||
20 | (3) Subsequent inspections shall occur at intervals of | ||||||
21 | not greater than 3 years. | ||||||
22 | (A) The requirement for a subsequent inspection | ||||||
23 | may be satisfied by certification of the owner with the | ||||||
24 | Director of the Department of Public Health or the | ||||||
25 | Director's designee for the locality in which such | ||||||
26 | property is located, under penalty of perjury, that the | ||||||
27 | tenants occupying an affected property have not | ||||||
28 | changed since the last inspection and that no one | ||||||
29 | residing within the affected property is a person at | ||||||
30 | risk. | ||||||
31 | (B) If the requirement for re-inspection of an | ||||||
32 | affected property has been satisfied by certification | ||||||
33 | pursuant to subparagraph (A) of paragraph (3) of | ||||||
34 | subsection (a) of this Section, the requirement for a |
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1 | re-inspection under paragraph (1) of subsection (a) of | ||||||
2 | this Section is re-activated by either a change in | ||||||
3 | tenancy or the residence of a person at risk within the | ||||||
4 | affected property. | ||||||
5 | (b) Mandatory compliance. The Lead Poisoning Prevention | ||||||
6 | Commission established by Section 20 shall either develop a | ||||||
7 | proposal for mandatory inspections of all affected properties | ||||||
8 | to be implemented by January 1, 2006, or shall develop | ||||||
9 | alternative measures of enforcement and penalties to ensure | ||||||
10 | that all affected properties comply with either the lead-free | ||||||
11 | standard described in subsection (a) of Section 25 or the | ||||||
12 | lead-safe standard described in subsection (b) of Section 25 | ||||||
13 | within a reasonable period of time following January 1, 2006. | ||||||
14 | (c) Expedited inspection. The Director of Public Health or | ||||||
15 | the Director's local designee for the jurisdiction in which | ||||||
16 | such property is located shall order an inspection of an | ||||||
17 | affected property, at the expense of the owner of the affected | ||||||
18 | property, whenever the Director of Public Health or the | ||||||
19 | Director's local designee for the jurisdiction in which such | ||||||
20 | property is located, after January 1, 2005, is notified that | ||||||
21 | the affected property reasonably appears to comply with neither | ||||||
22 | the lead-free standard or the lead-safe standard as those | ||||||
23 | standards are defined in Section 25 and a person at risk | ||||||
24 | resides in the affected property or spends more than 24 hours | ||||||
25 | per week in the affected property. An inspection required under | ||||||
26 | this subsection shall be completed within 90 days after | ||||||
27 | notification of the Director of Public Health or the Director's | ||||||
28 | local designee for the jurisdiction in which such property is | ||||||
29 | located. | ||||||
30 | (d) Emergency inspection. The Director of Public Health or | ||||||
31 | the Director's local designee for the jurisdiction in which | ||||||
32 | such property is located shall order an inspection of an | ||||||
33 | affected property, at the expense of the owner of the affected | ||||||
34 | property, whenever the Director of Public Health or the |
| |||||||
| |||||||
1 | Director's local designee for the jurisdiction in which such | ||||||
2 | property is located, is notified that a person at risk who | ||||||
3 | resides in the affected property or spends more than 24 hours | ||||||
4 | per week in the affected property has an elevated blood lead | ||||||
5 | level greater than or equal to 15 micrograms per deciliter. An | ||||||
6 | inspection under this subsection shall be completed within 15 | ||||||
7 | days after notification of the Director of Public Health or the | ||||||
8 | Director's local designee for the jurisdiction in which such | ||||||
9 | property is located. | ||||||
10 | (e) Inspection report. The inspector shall submit a | ||||||
11 | verified report of the result of the inspection to the | ||||||
12 | Executive Director of the Illinois Housing Development | ||||||
13 | Authority or the Executive Director's designee, and the | ||||||
14 | Director of the Department of Public Health or the Director's | ||||||
15 | local designee for the jurisdiction in which such property is | ||||||
16 | located, the owner, and the tenant, if any, of the affected | ||||||
17 | property. | ||||||
18 | (f) Inspection fees. The owner of an affected property | ||||||
19 | shall pay a fee at the time of the inspection of an affected | ||||||
20 | property sufficient to pay the full costs of the inspection
| ||||||
21 | Section 35. Accreditation of inspectors and contractors | ||||||
22 | performing work. | ||||||
23 | (a) Accreditation of persons performing lead hazard | ||||||
24 | reduction activities. No person shall act as a contractor or | ||||||
25 | supervisor to perform the work necessary for lead-hazard | ||||||
26 | abatement as defined in this Act unless that person is | ||||||
27 | accredited by the Director of Public Health. The Director shall | ||||||
28 | accredit for these purposes any person meeting the standards | ||||||
29 | described in one of the following subsections: | ||||||
30 | (1) Regulations to be adopted by the Director of Public | ||||||
31 | Health pursuant to this Act governing the accreditation of | ||||||
32 | individuals to engage in lead-based paint activities | ||||||
33 | sufficient to satisfy the requirements of 40 Code of |
| |||||||
| |||||||
1 | Federal Regulations (C.F.R.) 745.325 (2001) or any | ||||||
2 | applicable successor provisions to 40 C.F.R. 745.325 | ||||||
3 | (2001). | ||||||
4 | (2) Certification by the United States Environmental | ||||||
5 | Protection Agency to engage in lead-based paint activities | ||||||
6 | pursuant to 40 C.F.R. 745.226 (2001) or any applicable | ||||||
7 | successor provisions to 40 C.F.R. 745.226 (2001). | ||||||
8 | (3) Certification by a state or tribal program | ||||||
9 | authorized by the United States Environmental Protection | ||||||
10 | Agency to certify individuals engaged in lead-based paint | ||||||
11 | activities pursuant to 40 C.F.R. 745.325 (2001) or any | ||||||
12 | applicable successor provisions to 40 C.F.R. 745.325 | ||||||
13 | (2001). The Director of Public Health shall, by regulation, | ||||||
14 | create exceptions to the accreditation requirement for | ||||||
15 | instances where the disturbance of lead-based paint is | ||||||
16 | incidental. | ||||||
17 | (b) Accreditation of persons performing inspections. An | ||||||
18 | inspector accredited by the Director shall conduct all | ||||||
19 | inspections required by Section 30 of this Act, or otherwise | ||||||
20 | required by this Act. The Director of Public Health shall | ||||||
21 | accredit as an inspector any individual meeting the following | ||||||
22 | requirements: | ||||||
23 | (1) Regulations to be adopted by the Director pursuant | ||||||
24 | to this Act governing the accreditation of individuals | ||||||
25 | eligible to conduct the inspections required by this Act; | ||||||
26 | or | ||||||
27 | (2) Certification to conduct risk assessments by the | ||||||
28 | EPA pursuant to 40 C.F.R. 745.226(b) (2001) or any | ||||||
29 | applicable successor provisions to 40 C.F.R. 745.226 | ||||||
30 | (2001). | ||||||
31 | (c) Duration of certification. The accreditation of | ||||||
32 | contractors or supervisors of those performing the work | ||||||
33 | necessary for lead hazard abatement, and the accreditation of | ||||||
34 | those performing the inspections required by this Section, |
| |||||||
| |||||||
1 | shall extend for a period of 3 years unless the Director of | ||||||
2 | Public Health has probable cause to believe a person accredited | ||||||
3 | under this Section has violated the terms of the accreditation | ||||||
4 | or engaged in illegal or unethical conduct related to | ||||||
5 | inspections required by this Act, in which case the | ||||||
6 | accreditation to perform inspections shall be suspended | ||||||
7 | pending a hearing in accordance with the provisions of state | ||||||
8 | law.
| ||||||
9 | (d) Registration fees. The Director shall establish by | ||||||
10 | regulation a schedule of fees for the registration of persons | ||||||
11 | performing lead hazard abatement and a separate schedule for | ||||||
12 | persons performing inspections pursuant to this Act. Such fees | ||||||
13 | shall be required to be paid at the time of initial | ||||||
14 | registration and at the time of subsequent renewal of | ||||||
15 | registration, and shall be sufficient to cover all costs, | ||||||
16 | including the costs of state personnel, attributable to | ||||||
17 | accreditation activities conducted under this Section.
| ||||||
18 | (1) Fees collected pursuant to this subsection will be | ||||||
19 | held in a continuing, non-lapsing special fund to be used | ||||||
20 | for accreditation purposes under this Section. | ||||||
21 | (2) The State Treasurer shall hold and the State | ||||||
22 | Comptroller shall account for this fund. | ||||||
23 | (3) The fund established under this subsection shall be | ||||||
24 | invested and reinvested and any investment earnings shall | ||||||
25 | be paid into the fund. | ||||||
26 | (e) Enforcement. The provisions and procedures of | ||||||
27 | appropriate state statutes governing violation of business and | ||||||
28 | professional licensing statutes shall be used and shall apply | ||||||
29 | to enforce violations of this Section, any regulations adopted | ||||||
30 | under this subtitle, and any condition of accreditation issued | ||||||
31 | under this Act.
| ||||||
32 | Section 40. Enforcement. | ||||||
33 | (a) Full enforcement of criminal violations and civil |
| |||||||
| |||||||
1 | remedies. Owners of affected properties who fail to comply with | ||||||
2 | the provisions of either subsection (a) of Section 25 or | ||||||
3 | subsection (b) of Section 25 shall be deemed in violation of | ||||||
4 | any applicable housing codes. The Office of the Illinois | ||||||
5 | Attorney General and any local authorities responsible for the | ||||||
6 | enforcement of housing codes shall enforce vigorously civil | ||||||
7 | remedies and criminal penalties provided for by law arising out | ||||||
8 | of the failure to comply with the requirements of this Act and | ||||||
9 | may seek injunctive relief where appropriate. | ||||||
10 | (b) Reporting of enforcement actions. Any civil or criminal | ||||||
11 | action by state or local officials to enforce the provisions of | ||||||
12 | this Act shall be reported to the Director of Public Health or | ||||||
13 | his or her local designee. The Director of Public Health or his | ||||||
14 | or her local designee shall issue an annual report outlining | ||||||
15 | specifically the enforcement actions brought pursuant to | ||||||
16 | subsection (a), the identity of the owners of the affected | ||||||
17 | properties, the authority bringing the enforcement action, the | ||||||
18 | nature of the action, and describing the criminal penalties and | ||||||
19 | civil relief. | ||||||
20 | (c) Receivership of properties not meeting standards. | ||||||
21 | After the second written notice from the Director of Public | ||||||
22 | Health, the Director of Public Health's local designee, or the | ||||||
23 | local department of health, of violations of the provisions of | ||||||
24 | this Act occurring within an affected property, or after two | ||||||
25 | criminal or civil actions pursuant to subsection (a) brought by | ||||||
26 | either State or local officials to enforce this Act arising out | ||||||
27 | of violations occurring within an affected property, unless the | ||||||
28 | violations alleged to exist are corrected, the affected | ||||||
29 | property shall be considered abandoned, and the Attorney | ||||||
30 | General, the Director of Public Health, or the Director of | ||||||
31 | Public Health's local designee, or the local department of | ||||||
32 | health, or any other officials having jurisdiction over the | ||||||
33 | affected property shall have the specific power to request the | ||||||
34 | court to appoint a receiver for the property. The court in such |
| |||||||
| |||||||
1 | instances may specifically authorize the receiver to apply for | ||||||
2 | loans, grants, and other forms of funding necessary to correct | ||||||
3 | lead-based paint hazards and meet the standards for lead-safe | ||||||
4 | or lead-free status, and to hold the affected property for such | ||||||
5 | period of time as the funding source may require to assure that | ||||||
6 | the purposes of the funding have been met. The costs of such | ||||||
7 | receivership shall constitute a lien against the property that, | ||||||
8 | if not discharged by the owner upon receipt of the receiver's | ||||||
9 | demand for payment, shall constitute grounds for foreclosure | ||||||
10 | proceedings instituted by the receiver to recover such costs. | ||||||
11 | Section 45. Private right to injunctive relief. | ||||||
12 | (a) Right to lead-free or lead-safe housing. A person at | ||||||
13 | risk shall be deemed to have a right to housing which is either | ||||||
14 | lead-free or lead-safe as outlined in this Act. | ||||||
15 | (b) Private right of action for injunctive relief. If an | ||||||
16 | owner of an affected property fails to comply with such | ||||||
17 | standards, a private right of action shall exist that allows a | ||||||
18 | person at risk or the parent or legal guardian of a person at | ||||||
19 | risk to seek injunctive relief from a court with jurisdiction | ||||||
20 | against the owner of the affected property in the form of a | ||||||
21 | court order to compel compliance with the requirements of this | ||||||
22 | Act. | ||||||
23 |
(c) Notice of intent to seek injunctive relief. A court | ||||||
24 | shall not grant the injunctive relief requested pursuant to | ||||||
25 | subsection (b), unless, at least 30 days prior to the filing | ||||||
26 | requesting the injunction, the owner of the affected property | ||||||
27 | has received written notice of the violation of standards | ||||||
28 | contained in Section 25 and has failed to bring the affected | ||||||
29 | property into compliance with the applicable standards. This | ||||||
30 | notice to the owner of the affected property is satisfied when | ||||||
31 | any of the following has occurred:
(1) a person at risk, his or | ||||||
32 | her parent or legal guardian, or attorney, has notified the | ||||||
33 | owner of an affected property that the property fails to meet |
| |||||||
| |||||||
1 | the requirements for either lead-free status under subsection | ||||||
2 | (a) of Section 25 or lead-safe status under subsection (b) of | ||||||
3 | Section 25;
(2) a local or state housing authority or the | ||||||
4 | Department of Public Health has notified the owner of the | ||||||
5 | affected property of violations of the provisions of the Act | ||||||
6 | occurring within an affected property; or
(3) a criminal or | ||||||
7 | civil action pursuant to subsection (a) of Section 40 has been | ||||||
8 | brought by either State or local enforcement officials to | ||||||
9 | enforce this Act arising out of violations occurring within an | ||||||
10 | affected property. | ||||||
11 | (d) Right to recover litigation costs and attorney's fees. | ||||||
12 | A person who prevails in an action under subsection (b) is | ||||||
13 | entitled to an award of the costs of the litigation and to an | ||||||
14 | award of reasonable attorney's fees in an amount to be fixed by | ||||||
15 | the court. | ||||||
16 | (e) Accelerated hearing. Cases brought before the court | ||||||
17 | under this Section shall be granted an accelerated hearing.
| ||||||
18 | Section 50. Retaliatory evictions prohibited. | ||||||
19 | (a) Actions protected. An owner of an affected property may | ||||||
20 | not evict or take any other retaliatory action against a person | ||||||
21 | at risk or his or her parent or legal guardian in response to | ||||||
22 | the actions of the person at risk, his or her parent or legal | ||||||
23 | guardian in: | ||||||
24 | (1) providing information to the owner of the affected | ||||||
25 | property, the Director of Public Health, or the Director of | ||||||
26 | Public Health's local designee for the jurisdiction in | ||||||
27 | which such property is located, local health officials, or | ||||||
28 | local housing officials concerning lead-based paint | ||||||
29 | hazards within an affected property or elevated blood | ||||||
30 | levels of a person at risk; or
| ||||||
31 | (2) enforcing any of his or her rights under this Act. | ||||||
32 |
(b) A retaliatory action includes any of the following | ||||||
33 | actions in which the activities protected under subsection (a) |
| |||||||
| |||||||
1 | are a material factor in motivating the action: | ||||||
2 | (1) a refusal to renew a lease; | ||||||
3 | (2) a termination of a tenancy; | ||||||
4 | (3) an arbitrary rent increase or decrease in services | ||||||
5 | to which the person at risk or his or her parent or legal | ||||||
6 | guardian is entitled; or | ||||||
7 | (4) any form of constructive eviction. | ||||||
8 | (c) Remedies. A person at risk or his or her parent or | ||||||
9 | legal guardian subject to an eviction or retaliatory action | ||||||
10 | under this Section is entitled to the relief as may be provided | ||||||
11 | by statute or any further relief deemed just and equitable by | ||||||
12 | the court, and is eligible for reasonable attorney's fees and | ||||||
13 | costs.
| ||||||
14 | Section 55. Educational programs. | ||||||
15 | (a) Distribution of literature about childhood lead | ||||||
16 | poisoning. Within 120 days following the effective date of this | ||||||
17 | Act, the Director of Public Health, in consultation with the | ||||||
18 | Lead Poisoning Prevention Commission, shall develop culturally | ||||||
19 | and linguistically appropriate information pamphlets regarding | ||||||
20 | childhood lead poisoning, the importance of testing for | ||||||
21 | elevated blood levels, prevention of childhood lead poisoning, | ||||||
22 | treatment of childhood lead poisoning, and where appropriate, | ||||||
23 | the requirements of this Act. It is a requirement of this Act | ||||||
24 | that the information pamphlets be distributed to parents or the | ||||||
25 | other legal guardians of children 6 years of age or younger on | ||||||
26 | the following occasions: | ||||||
27 | (1) by the owner of any affected property or his or her | ||||||
28 | agents or employees at the time of the initiation of a | ||||||
29 | rental agreement to a new tenant whose household includes a | ||||||
30 | person at risk or any other woman of childbearing age. The | ||||||
31 | owner of the affected property or his or her agents or | ||||||
32 | employees also shall specify whether the affected property | ||||||
33 | has been inspected and whether or not it complies with the |
| |||||||
| |||||||
1 | standards for either lead-safe status or lead-free status;
| ||||||
2 | (2) by the health care provider at the time of the | ||||||
3 | child's birth and at the time of any childhood immunization | ||||||
4 | or vaccine unless it is established that such information | ||||||
5 | pamphlet has been provided previously to the parent or | ||||||
6 | legal guardian by the health care provider within the prior | ||||||
7 | 12 months; and | ||||||
8 | (3) by the owner or operator of any child care | ||||||
9 | facility, pre-school, or kindergarten class on or before | ||||||
10 | October 15 of the calendar year. | ||||||
11 | (b) Lead-safe housing seminars. The Director of Public | ||||||
12 | Health, within 120 days following the effective date of this | ||||||
13 | Act, shall establish guidelines and a trainer's manual for a | ||||||
14 | Lead-Safe Housing Awareness Seminar with a total class time of | ||||||
15 | 3 hours or less. Such courses shall be offered by professional | ||||||
16 | associations and community organizations with a training | ||||||
17 | capacity, existing accredited educational institutions, and | ||||||
18 | for-profit educational providers. All such offerings proposals | ||||||
19 | shall be reviewed and approved, on the criteria of seminar | ||||||
20 | content and qualifications of instructors, by the Illinois | ||||||
21 | Department of Public Health.
| ||||||
22 | Section 60. Screening program. | ||||||
23 | (a) Screening of children. The Director of Public Health or | ||||||
24 | his or her local designee shall establish a program for early | ||||||
25 | identification of persons at risk with elevated blood lead | ||||||
26 | levels. Such program shall systematically screen children | ||||||
27 | under 6 years of age in the target populations identified in | ||||||
28 | subsection (b) for the presence of elevated blood lead levels. | ||||||
29 | Children within the specified target populations shall be | ||||||
30 | screened with a blood lead test at ages 12 and 24 months or at | ||||||
31 | ages 36 to 72 months if they have not previously been screened. | ||||||
32 | The Director of Public Health shall, after consultation with | ||||||
33 | recognized professional medical groups and such other sources |
| |||||||
| |||||||
1 | as he or she deems appropriate, promulgate regulations | ||||||
2 | establishing, (i) the means by which and the intervals at which | ||||||
3 | such children under 6 years of age shall be screened for lead | ||||||
4 | poisoning and elevated blood lead levels; and (ii) guidelines | ||||||
5 | for the medical follow-up on children found to have elevated | ||||||
6 | blood lead levels.
| ||||||
7 | (b) Screening priorities. In developing screening programs | ||||||
8 | to identify persons at risk with elevated blood lead levels, | ||||||
9 | the Director of Public Health shall give priority to persons | ||||||
10 | within the following categories: | ||||||
11 | (1) all children enrolled in Medicaid at ages 12 and 24 | ||||||
12 | months or at ages 36 to 72 months if they have not | ||||||
13 | previously been screened; | ||||||
14 | (2) children under the age of 6 exhibiting delayed | ||||||
15 | cognitive development or other symptoms of childhood lead | ||||||
16 | poisoning; | ||||||
17 | (3) persons at risk residing in the same household, or | ||||||
18 | recently residing in the same household, as another person | ||||||
19 | at risk with a blood lead level of 10 micrograms per | ||||||
20 | deciliter or greater; | ||||||
21 | (4) persons at risk residing, or who have recently | ||||||
22 | resided, in buildings or geographical areas where | ||||||
23 | significant numbers of cases of lead poisoning or elevated | ||||||
24 | blood lead levels have recently been reported; | ||||||
25 | (5) persons at risk residing, or who have recently | ||||||
26 | resided, in affected properties contained in buildings | ||||||
27 | which during the preceding 3 years have been subject to | ||||||
28 | enforcement actions described in subsection (a) of Section | ||||||
29 | 40, receivership actions under subsection (c) of Section | ||||||
30 | 45, or where injunctive relief has been sought pursuant to | ||||||
31 | Section 45;
| ||||||
32 | (6) persons at risk residing, or who have recently | ||||||
33 | resided, in other affected properties with the same owner | ||||||
34 | as another building containing affected properties which |
| |||||||
| |||||||
1 | during the preceding 3 years have been subject to | ||||||
2 | enforcement actions described in subsection (a) of Section | ||||||
3 | 40, receivership actions under subsection (c) of Section | ||||||
4 | 40, or where injunctive relief has been sought pursuant to | ||||||
5 | Section 45; and | ||||||
6 | (7) persons at risk residing in other buildings or | ||||||
7 | geographical areas where the Director reasonably | ||||||
8 | determines there to be a significant risk of affected | ||||||
9 | individuals having a blood lead level of 10 micrograms per | ||||||
10 | deciliter or greater. | ||||||
11 | (c) Director to maintain records of screenings and inform | ||||||
12 | designated individuals. The Director of Public Health or his or | ||||||
13 | her local designee shall maintain comprehensive records of all | ||||||
14 | screenings conducted pursuant to this Section. Such records | ||||||
15 | shall be indexed geographically and by owner in order to | ||||||
16 | determine the location of areas of relatively high incidence of | ||||||
17 | lead poisoning and other elevated blood lead levels. These | ||||||
18 | comprehensive records shall be communicated to the Director of | ||||||
19 | Public Health or his or her local designee on an ongoing basis. | ||||||
20 | Such records, with the names of tested individuals removed for | ||||||
21 | privacy purposes, shall be public records. All cases or | ||||||
22 | probable cases of lead poisoning, as defined by regulation by | ||||||
23 | the Director of Public Health, found in the course of | ||||||
24 | screenings conducted pursuant to this Section shall be reported | ||||||
25 | immediately to the affected individual, to his or her parent or | ||||||
26 | legal guardian if he or she is a minor, and to the Director.".
|