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1 | AN ACT in relation to public health.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the
Toxic | ||||||||||||||||||||||||
5 | and Pathogenic Mold Protection Act.
| ||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act, unless the | ||||||||||||||||||||||||
7 | context
otherwise requires:
| ||||||||||||||||||||||||
8 | "Authoritative body" means any recognized national or
| ||||||||||||||||||||||||
9 | international entity with expertise on mold
identification and | ||||||||||||||||||||||||
10 | remediation or on environmental or public health,
including, | ||||||||||||||||||||||||
11 | but not limited to, health departments of other states,
the | ||||||||||||||||||||||||
12 | United States Environmental Protection Agency, the World
| ||||||||||||||||||||||||
13 | Health Organization, the American Conference of Governmental
| ||||||||||||||||||||||||
14 | Industrial Hygienists, the New York City Department of
Health, | ||||||||||||||||||||||||
15 | the Centers for Disease Control and Prevention, and
the | ||||||||||||||||||||||||
16 | American Industrial Hygiene Association.
| ||||||||||||||||||||||||
17 | "Certified industrial hygienist" means an individual who
| ||||||||||||||||||||||||
18 | has been granted a certificate as a certified industrial
| ||||||||||||||||||||||||
19 | hygienist by the American Board of Industrial Hygiene as
| ||||||||||||||||||||||||
20 | defined by the Industrial Hygienists Licensure Act.
| ||||||||||||||||||||||||
21 | "Code enforcement officer" means a city, village, | ||||||||||||||||||||||||
22 | municipal or county
employee who is
authorized to issue | ||||||||||||||||||||||||
23 | citations for code violations and
to conduct inspections of | ||||||||||||||||||||||||
24 | public or private real property to
determine whether code | ||||||||||||||||||||||||
25 | violations exist.
| ||||||||||||||||||||||||
26 | "Department" means the Illinois Department of Public | ||||||||||||||||||||||||
27 | Health.
| ||||||||||||||||||||||||
28 | "Indoor environment" means the environmental conditions in | ||||||||||||||||||||||||
29 | a dwelling
unit or residential, municipal, commercial, or | ||||||||||||||||||||||||
30 | industrial building.
| ||||||||||||||||||||||||
31 | "Licensed environmental health practitioner" means a
| ||||||||||||||||||||||||
32 | person who (i) by virtue of education and experience in the
|
| |||||||
|
|||||||
1 | physical, chemical, biological, or environmental health
| ||||||
2 | sciences, or any combination of those sciences, is especially | ||||||
3 | trained to
organize, implement, and
manage environmental | ||||||
4 | health programs and to carry out education and
enforcement | ||||||
5 | activities for the promotion and protection of
the public | ||||||
6 | health and environment and (ii) is licensed as an
environmental | ||||||
7 | health practitioner under the Environmental
Health | ||||||
8 | Practitioner Licensing Act.
| ||||||
9 | "Local health authority" means an official
health | ||||||
10 | department or board of health, as recognized by the
Illinois | ||||||
11 | Department of Public Health.
| ||||||
12 | "Mold" means any form of multicellular fungus. Types of
| ||||||
13 | mold include, but are not limited to, Cladosporium,
| ||||||
14 | Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma,
| ||||||
15 | Memnoniella, Mucor, and Stachybotrys chartarum.
| ||||||
16 | "Mold abatement" means the removal or cleaning of mold | ||||||
17 | contaminated
materials in a way that prevents the emission of | ||||||
18 | fungi and dust
contaminated with fungi from leaving an area and | ||||||
19 | entering another,
while protecting the health of workers | ||||||
20 | performing the removal or
cleaning. Mold abatement methods can | ||||||
21 | differ dependant upon the level
of contamination and the | ||||||
22 | affected material or indoor environment.
| ||||||
23 | "Permissible exposure limits for molds" means a standard or | ||||||
24 | series of
standards on the amount or concentration of mold or a | ||||||
25 | particular mold
species in an indoor environment.
| ||||||
26 | "Person" means an individual or a corporation, company,
| ||||||
27 | association, partnership, limited liability company,
| ||||||
28 | municipality, public utility, or other legal entity or
| ||||||
29 | institution.
| ||||||
30 | Section 8. Department as lead agency. The Department
is | ||||||
31 | designated as the lead agency in the adoption of
permissible | ||||||
32 | exposure limits to mold in indoor environments,
mold | ||||||
33 | identification and remediation efforts, and the
development of | ||||||
34 | guidelines for the determination of what
constitutes mold | ||||||
35 | contamination.
|
| |||||||
|
|||||||
1 | Section 10. Illinois Administrative Procedure Act. All
| ||||||
2 | standards that the Department develops pursuant to this Act
| ||||||
3 | must be developed in accordance with the Illinois | ||||||
4 | Administrative
Procedure Act.
| ||||||
5 | Section 15. Permissible exposure limits for molds.
| ||||||
6 | (a) The Department shall consider the feasibility of
| ||||||
7 | adopting permissible exposure limits for molds. If the
| ||||||
8 | Department finds that adopting
permissible exposure limits for | ||||||
9 | molds is
feasible, the Department shall do the following:
| ||||||
10 | (1) Adopt permissible exposure limits for molds that | ||||||
11 | avoid adverse
effects on the health of the general | ||||||
12 | population,
with an adequate margin of safety, and avoid | ||||||
13 | any
significant risk to public health.
| ||||||
14 | (2) Notwithstanding paragraph (1), balance the
| ||||||
15 | protection of public health with technological and
| ||||||
16 | economic feasibility when it adopts permissible exposure
| ||||||
17 | limits for molds.
| ||||||
18 | (3) Utilize and include the latest scientific data
or | ||||||
19 | existing standards adopted by authoritative bodies.
| ||||||
20 | (b) The Department shall consider all of the following
| ||||||
21 | criteria when it adopts permissible exposure limits for molds:
| ||||||
22 | (1) The adverse health effects of exposure to mold
on | ||||||
23 | the general population, including specific effects on
| ||||||
24 | members of subgroups that comprise a meaningful portion
of | ||||||
25 | the general population, which may include infants,
| ||||||
26 | children age 6 years and under, pregnant women, the
| ||||||
27 | elderly, asthmatics, allergic individuals, | ||||||
28 | immune-compromised individuals, or
other subgroups that | ||||||
29 | are
identifiable as being at greater risk of adverse health
| ||||||
30 | effects than the general population when exposed to
mold.
| ||||||
31 | (2) The permissible exposure limits for molds, if any, | ||||||
32 | adopted by
authoritative bodies.
| ||||||
33 | (3) The technological and economic feasibility of
| ||||||
34 | compliance with the proposed permissible exposure limit
|
| |||||||
|
|||||||
1 | for molds. For the purposes of determining economic
| ||||||
2 | feasibility pursuant to this paragraph (3), the
Department | ||||||
3 | shall consider the costs of compliance to affected
persons.
| ||||||
4 | (4) Toxicological studies and any scientific
evidence | ||||||
5 | related to mold.
| ||||||
6 | (c) The Department may develop alternative permissible
| ||||||
7 | exposure limits for molds applicable for specific indoor
| ||||||
8 | environments, including, but not limited to,
hospitals, child | ||||||
9 | care facilities, and nursing homes, the primary
purpose of | ||||||
10 | which is to serve members of subgroups that
comprise a | ||||||
11 | meaningful portion of the general population and
are at greater | ||||||
12 | risk of adverse health effects from molds than
the general | ||||||
13 | population. These subgroups may include infants,
children age 6 | ||||||
14 | years and under, pregnant women, the elderly,
asthmatics, | ||||||
15 | allergic individuals, or immune-compromised
individuals.
| ||||||
16 | (d) The Department may review, and consider adopting by
| ||||||
17 | reference, any information or permissible exposure limits for | ||||||
18 | molds
prepared or adopted by or on behalf of the
United States | ||||||
19 | Environmental Protection Agency or other
authoritative bodies.
| ||||||
20 | (e) The Department shall report to the General Assembly
on | ||||||
21 | its progress in developing the permissible exposure limits
for | ||||||
22 | molds by January 1, 2005.
| ||||||
23 | Section 20. Notification of permissible exposure limits | ||||||
24 | for molds.
| ||||||
25 | (a) At the time it commences
preparation of the permissible | ||||||
26 | exposure limits for molds,
the Department shall provide notice | ||||||
27 | electronically by posting on its internet
web
site a notice | ||||||
28 | that informs interested persons that the
Department has | ||||||
29 | initiated work on the permissible exposure
limits for molds.
| ||||||
30 | (b) The notice shall include a brief description or
| ||||||
31 | bibliography of the technical documents or other
information | ||||||
32 | that the Department has identified, as of the date of the | ||||||
33 | notice,
as
relevant to the preparation of the permissible | ||||||
34 | exposure
limits for molds.
| ||||||
35 | (c) The notice shall inform persons who wish to
submit |
| |||||||
|
|||||||
1 | information concerning exposure to molds of (i) the
name and | ||||||
2 | address of the person in the Department to whom
the information | ||||||
3 | may be sent and (ii) the date by which the
information must be | ||||||
4 | received in order for the Department
to consider it in the | ||||||
5 | preparation of the permissible
exposure limits for molds. The | ||||||
6 | notice must also state that all information
submitted will
be | ||||||
7 | made available to any member of the public who makes
a request | ||||||
8 | for that information.
| ||||||
9 | Section 25. Review of permissible exposure limits for | ||||||
10 | molds.
| ||||||
11 | (a) At any time after adoption of the
permissible exposure | ||||||
12 | limits for molds, the Department may amend those limits if
the
| ||||||
13 | Department shows by clear and convincing evidence that the
| ||||||
14 | permissible exposure limits for molds should be amended and the
| ||||||
15 | amendment is made consistent with Sections 15 and 20 of this | ||||||
16 | Act.
| ||||||
17 | (b) At least once every 5 years, after adoption of
| ||||||
18 | permissible exposure limits to molds, the Department shall
| ||||||
19 | review the adopted limits and shall, consistent with the
| ||||||
20 | criteria set forth in Sections 15 and 20 of this Act,
amend the | ||||||
21 | permissible exposure limits if any of the following
occur:
| ||||||
22 | (1) Changes in technology or treatment techniques
that | ||||||
23 | permit a materially greater protection of public
health.
| ||||||
24 | (2) Changes in technology or treatment techniques that | ||||||
25 | materially
decrease the cost to maintain particular | ||||||
26 | exposure limits for molds.
| ||||||
27 | (3) New scientific evidence that indicates that
molds | ||||||
28 | may present a materially different risk to public
health | ||||||
29 | than was previously determined.
| ||||||
30 | Section 30. Standards for reduction and inhibition of mold | ||||||
31 | growth.
| ||||||
32 | (a) The Department shall adopt feasible standards, | ||||||
33 | pursuant to
subsection (c), as necessary for the reduction of | ||||||
34 | the occurrence
of mold contamination in indoor environments. |
| |||||||
|
|||||||
1 | The standards may
include, but are not limited to, the | ||||||
2 | following:
| ||||||
3 | (1) Standards related to the use of dry, non-damaged | ||||||
4 | building materials
to reduce the incidence of mold growth.
| ||||||
5 | (2) Standards related to the installation, | ||||||
6 | maintenance, and repair of
plumbing systems in dwelling | ||||||
7 | units and residential, municipal,
commercial, and | ||||||
8 | industrial buildings to reduce the incidence of water or
| ||||||
9 | moisture intrusion and mold growth.
| ||||||
10 | (3) Standards related to the ventilation of building | ||||||
11 | spaces to reduce the
moisture within dwelling units and | ||||||
12 | residential, municipal, commercial,
and industrial | ||||||
13 | buildings and inhibit mold growth.
| ||||||
14 | (4) Standards related to temperature control in | ||||||
15 | dwelling units and
residential, municipal, commercial, and | ||||||
16 | industrial buildings to reduce
the incidence of water or | ||||||
17 | moisture intrusion and inhibit mold growth.
| ||||||
18 | (5) Standards related to the installation, | ||||||
19 | maintenance, and repair of
heating, ventilation, and air | ||||||
20 | conditioning systems in dwelling units and
residential, | ||||||
21 | municipal, commercial, and industrial buildings to reduce
| ||||||
22 | the incidence of water or moisture intrusion and mold | ||||||
23 | growth.
The standards must include a requirement for the | ||||||
24 | sealing of heating, ventilation, and air conditioning | ||||||
25 | ductwork in new construction, in additions to existing | ||||||
26 | construction, and in the addition or replacement of | ||||||
27 | heating, ventilation, or air conditioning equipment or | ||||||
28 | systems.
| ||||||
29 | (b) The standards adopted under this Section may be imposed | ||||||
30 | on or apply to
any person, industry,
or group in the business | ||||||
31 | of or having control of or responsibility for
any of the | ||||||
32 | following:
| ||||||
33 | (1) Building and construction of residential, | ||||||
34 | commercial, or industrial
buildings.
| ||||||
35 | (2) Maintenance of residential, commercial, or | ||||||
36 | industrial buildings.
|
| |||||||
|
|||||||
1 | (3) Installation, maintenance, and repair of heating, | ||||||
2 | ventilation, and
air conditioning systems in residential, | ||||||
3 | commercial, or industrial
buildings.
| ||||||
4 | (4) Installation, maintenance, and repair of plumbing | ||||||
5 | systems in
residential, commercial, or industrial | ||||||
6 | buildings.
| ||||||
7 | (5) Energy production or distribution.
| ||||||
8 | (6) Leasing of residential, commercial, and industrial | ||||||
9 | real property.
| ||||||
10 | (7) Insuring residential, commercial, or industrial | ||||||
11 | buildings.
| ||||||
12 | (c) The Department shall consider all of the following | ||||||
13 | criteria when it
adopts standards for reduction and inhibition | ||||||
14 | of mold growth:
| ||||||
15 | (1) The adverse health effects of exposure to mold
on | ||||||
16 | the general population, including specific effects on
| ||||||
17 | members of subgroups that comprise a meaningful portion
of | ||||||
18 | the general population, which may include infants,
| ||||||
19 | children age 6 years and under, pregnant women, the
| ||||||
20 | elderly, asthmatics, allergic individuals, | ||||||
21 | immune-compromised individuals, or
other subgroups that | ||||||
22 | are
identifiable as being at greater risk of adverse health
| ||||||
23 | effects than the general population when exposed to
mold.
| ||||||
24 | (2) The standards for reduction and inhibition of mold | ||||||
25 | growth, if
any, adopted by authoritative bodies.
| ||||||
26 | (3) The technological and economic feasibility of
| ||||||
27 | compliance with the proposed standards permissible for | ||||||
28 | reduction and
inhibition of mold growth. For the purposes | ||||||
29 | of determining
economic feasibility pursuant to this | ||||||
30 | subsection (3), the
Department shall consider the costs of | ||||||
31 | compliance to affected
persons.
| ||||||
32 | (4) Toxicological studies and any scientific evidence | ||||||
33 | related
to mold.
| ||||||
34 | (d) The Department may develop alternative standards for | ||||||
35 | reduction
and inhibition of mold growth applicable to specific | ||||||
36 | indoor
environments, including, but not limited to,
hospitals, |
| |||||||
|
|||||||
1 | child care facilities, and nursing homes, the primary
purpose | ||||||
2 | of which is to serve members of subgroups that
comprise a | ||||||
3 | meaningful portion of the general population and
are at greater | ||||||
4 | risk of adverse health effects from molds than
the general | ||||||
5 | population. These subgroups may include infants,
children age 6 | ||||||
6 | years and under, pregnant women, the elderly,
asthmatics, | ||||||
7 | allergic individuals, or immune-compromised
individuals.
| ||||||
8 | (e) The Department may review, and consider adopting by
| ||||||
9 | reference, any information or standards for reduction and | ||||||
10 | inhibition of
mold growth prepared or adopted by or on behalf | ||||||
11 | of the
United States Environmental Protection Agency or other
| ||||||
12 | authoritative bodies.
| ||||||
13 | (f) The Department shall report to the General Assembly
on | ||||||
14 | its progress in developing standards for reduction and | ||||||
15 | inhibition of
mold growth by January 1, 2005.
| ||||||
16 | Section 35. Notification of standards for reduction and | ||||||
17 | inhibition of
mold growth.
| ||||||
18 | (a) At the time it commences
preparation of the standards | ||||||
19 | for reduction and inhibition of mold
growth, the Department | ||||||
20 | shall provide notice electronically by posting on its
internet | ||||||
21 | web
site a notice that informs interested persons that the
| ||||||
22 | Department has initiated work on the standards for reduction | ||||||
23 | and
inhibition of mold growth.
| ||||||
24 | (b) The notice shall include a brief description or
| ||||||
25 | bibliography of the technical documents or other
information | ||||||
26 | that the Department has identified, as of the date of the | ||||||
27 | notice,
as
relevant to the preparation of the standards for | ||||||
28 | reduction and
inhibition of mold growth.
| ||||||
29 | (c) The notice shall inform persons who wish to
submit | ||||||
30 | information concerning exposure to molds of (i) the
name and | ||||||
31 | address of the person in the Department to whom
the information | ||||||
32 | may be sent and (ii) the date by which the
information must be | ||||||
33 | received in order for the Department
to consider it in the | ||||||
34 | preparation of the standards for reduction
and inhibition of | ||||||
35 | mold growth. The notice must also state that all information
|
| |||||||
|
|||||||
1 | submitted will
be made available to any member of the public | ||||||
2 | who makes
a request for that information.
| ||||||
3 | Section 40. Review of standards for reduction and | ||||||
4 | inhibition of mold
growth.
| ||||||
5 | (a) At any time after adoption of the
standards for | ||||||
6 | reduction and inhibition of mold growth, the Department may | ||||||
7 | amend
those standards if the
Department shows by clear and | ||||||
8 | convincing evidence that the
standards for reduction and | ||||||
9 | inhibition of mold growth should be amended
and the amendment | ||||||
10 | is made consistent with Sections 30 and 35 of this
Act.
| ||||||
11 | (b) At least once every 5 years, after adoption of
| ||||||
12 | standards for reduction and inhibition of mold growth, the | ||||||
13 | Department
shall review the adopted limits and shall, | ||||||
14 | consistent with the
criteria set forth in Sections 30 and 35 of | ||||||
15 | this Act, amend the
standards for reduction and inhibition of | ||||||
16 | mold growth if any of the
following occur:
| ||||||
17 | (1) Changes in technology or treatment techniques
that | ||||||
18 | permit a materially greater protection of public
health.
| ||||||
19 | (2) Changes in technology or treatment techniques that | ||||||
20 | materially
decrease the cost to maintain particular | ||||||
21 | standards for reduction and
inhibition of mold growth.
| ||||||
22 | (3) New scientific evidence that indicates that
molds | ||||||
23 | may present a materially different risk to public
health | ||||||
24 | than was previously determined.
| ||||||
25 | Section 45. Mold identification guidelines.
| ||||||
26 | (a) The Department shall adopt mold identification | ||||||
27 | guidelines
for the recognition and identification of molds and | ||||||
28 | microbial
volatile organic compounds, or the accumulation of | ||||||
29 | moisture or water in
indoor environments, or both. The mold | ||||||
30 | identification
guidelines shall include scientifically valid | ||||||
31 | methods to
identify the presence of mold, including collection | ||||||
32 | of air,
surface, and bulk samples, visual identification, | ||||||
33 | olfactory
identification, laboratory analysis, measurements of | ||||||
34 | amounts of
moisture, and other recognized analytical methods |
| |||||||
|
|||||||
1 | used for the
identification of molds and microbial volatile | ||||||
2 | organic compounds,
or the accumulation of moisture or water in | ||||||
3 | indoor environments, or both.
| ||||||
4 | (b) Identification guidelines developed by the
Department | ||||||
5 | shall do all of the following:
| ||||||
6 | (1) Avoid adverse effects on the health of the
general | ||||||
7 | population, with an adequate margin of safety,
and avoid | ||||||
8 | any significant risk to public health.
| ||||||
9 | (2) Notwithstanding paragraph (1), balance the
| ||||||
10 | protection of public health with technological and
| ||||||
11 | economic feasibility.
| ||||||
12 | (3) Utilize and include the latest scientific data
or | ||||||
13 | existing standards for the identification of molds adopted
| ||||||
14 | by authoritative bodies.
| ||||||
15 | (c) The Department shall consider all of the following
| ||||||
16 | criteria when it develops identification guidelines for mold:
| ||||||
17 | (1) Permissible exposure limits for molds adopted
by | ||||||
18 | the Department pursuant to subsections (a) and (b) of | ||||||
19 | Section 15.
| ||||||
20 | (2) Standards for mold identification, if any,
adopted | ||||||
21 | by authoritative bodies.
| ||||||
22 | (3) Professional judgment and practicality.
| ||||||
23 | (4) Toxicological reports or additional scientific
| ||||||
24 | evidence.
| ||||||
25 | (d) The Department shall develop a reporting form for
| ||||||
26 | building inspections that may be used to document recognition | ||||||
27 | and
identification of molds and microbial volatile organic | ||||||
28 | compounds,
or the accumulation of moisture or water in indoor | ||||||
29 | environments, or both.
| ||||||
30 | (e) The Department shall report to the General Assembly
on | ||||||
31 | its progress in developing identification guidelines for
mold | ||||||
32 | by January 1, 2005.
| ||||||
33 | (f) The Department may review, and consider adopting by | ||||||
34 | reference,
any information prepared by or on behalf of the | ||||||
35 | United States
Environmental Protection Agency or other | ||||||
36 | authoritative bodies
for the purpose of adopting national |
| |||||||
|
|||||||
1 | identification guidelines
for molds.
| ||||||
2 | Section 50. Notification of mold identification | ||||||
3 | guidelines. At the time it
commences preparation of
| ||||||
4 | identification guidelines for mold, the Department shall | ||||||
5 | electronically post on
its internet web site a notice that | ||||||
6 | informs interested
persons that it has initiated work on the | ||||||
7 | identification
guidelines. The notice shall include a brief | ||||||
8 | description or
bibliography of the technical documents or other | ||||||
9 | information
that the Department has identified, as of date of | ||||||
10 | the notice, as relevant to
the
preparation of the | ||||||
11 | identification guidelines for mold. The
notice shall inform | ||||||
12 | persons who wish to submit mold
identification information of | ||||||
13 | (i) the name and address of the
person in the office to whom | ||||||
14 | the information may be sent and (ii) the
date by which the | ||||||
15 | information must be received for the
Department to consider it | ||||||
16 | in the preparation of the
identification guidelines. The notice | ||||||
17 | must also state that all information
submitted
will be made | ||||||
18 | available to any member of the public who makes
a request for | ||||||
19 | that information.
| ||||||
20 | Section 55. Review of mold identification guidelines. All | ||||||
21 | mold
identification guidelines published by the
Department | ||||||
22 | shall be reviewed at least once every 5 years and
revised, as | ||||||
23 | necessary, based on the availability of new
scientific data or | ||||||
24 | information on effective mold
identification.
| ||||||
25 | Section 60. Mold abatement standards.
| ||||||
26 | (a) The Department shall develop and disseminate standards | ||||||
27 | for mold
abatement.
| ||||||
28 | (b) Standards for mold abatement developed by the | ||||||
29 | Department shall do
all of the following:
| ||||||
30 | (1) Provide practical requirements for mold abatement, | ||||||
31 | taking into
consideration the differing methods of mold | ||||||
32 | abatement.
| ||||||
33 | (2) Include requirements for quality-assurance |
| |||||||
|
|||||||
1 | testing.
| ||||||
2 | (3) Protect the public's health.
| ||||||
3 | (4) Notwithstanding paragraph (3), balance the
| ||||||
4 | protection of public health with technological and
| ||||||
5 | economic feasibility.
| ||||||
6 | (5) Utilize and include toxicological reports, the
| ||||||
7 | latest scientific data, or existing standards for mold | ||||||
8 | abatement
adopted by authoritative bodies.
| ||||||
9 | (6) Include requirements for personal protective
| ||||||
10 | equipment.
| ||||||
11 | (7) Not require a landlord or owner, seller, or
| ||||||
12 | transferor of real property to be specially trained or | ||||||
13 | certified or to
utilize the services of a specially | ||||||
14 | qualified
professional to conduct mold abatement, so long | ||||||
15 | as the abatement is
within the standards.
| ||||||
16 | (c) The Department shall consider all of the following
| ||||||
17 | criteria when it develops mold abatement standards:
| ||||||
18 | (1) Permissible exposure limits for molds developed by | ||||||
19 | the Department
pursuant to subsections (a) and (b) of | ||||||
20 | Section 15.
| ||||||
21 | (2) Guidelines for mold abatement, if any, adopted by
| ||||||
22 | authoritative bodies.
| ||||||
23 | (d) The Department may review, and consider adopting by
| ||||||
24 | reference, any information or mold abatement standards | ||||||
25 | prepared by or
on behalf of the United States Environmental | ||||||
26 | Protection Agency
or other authoritative bodies.
| ||||||
27 | (e) The Department shall report to the General Assembly on | ||||||
28 | its
progress in developing standards for mold abatement by | ||||||
29 | January 1, 2005.
| ||||||
30 | Section 65. Notification of mold abatement standards. At | ||||||
31 | the time it
commences preparation of standards
for mold | ||||||
32 | abatement, the Department shall electronically post on its
| ||||||
33 | internet web site a notice that informs interested persons
that | ||||||
34 | it has initiated work on the standards for mold abatement. The
| ||||||
35 | notice shall include a brief description or bibliography of
the |
| |||||||
|
|||||||
1 | technical documents or other information that the Department
| ||||||
2 | has identified, as of the date of the notice, as relevant to | ||||||
3 | the preparation of
standards for mold
abatement. The notice | ||||||
4 | shall inform persons who wish
to submit information concerning | ||||||
5 | mold abatement of (i) the name
and the address of the person in | ||||||
6 | the Department to whom the
information may be sent and (ii) the | ||||||
7 | date by which the information
must be received in order for the | ||||||
8 | Department to consider it
in the preparation of remediation | ||||||
9 | standards. The notice must also state
that all
information | ||||||
10 | submitted will be made available to any member of
the public | ||||||
11 | who makes a request for that information.
| ||||||
12 | Section 70. Review of mold abatement standards.
| ||||||
13 | (a) At any time after adoption of the
standards for mold | ||||||
14 | abatement, the Department may amend those standards if the
| ||||||
15 | Department shows by clear and
convincing evidence that the | ||||||
16 | standards for mold abatement
should be amended and the
| ||||||
17 | amendment is made consistent with Sections 60 and 65 of this | ||||||
18 | Act.
| ||||||
19 | (b) At least once every 5 years, after adoption of
the | ||||||
20 | standards for mold abatement, the Department shall review the
| ||||||
21 | adopted standards and shall, consistent with the
criteria set | ||||||
22 | forth in Sections 60 and 65 of this Act,
amend the standards | ||||||
23 | for mold abatement if any of the following occur:
| ||||||
24 | (1) Changes in technology or treatment techniques
that | ||||||
25 | permit a materially greater protection of public
health.
| ||||||
26 | (2) Changes in technology or treatment techniques that | ||||||
27 | materially
decrease the cost to maintain particular | ||||||
28 | standards for mold abatement.
| ||||||
29 | (3) New scientific evidence that indicates that
molds | ||||||
30 | may present a materially different risk to public
health | ||||||
31 | than was previously determined.
| ||||||
32 | Section 75. Information concerning mold and mold | ||||||
33 | abatement.
| ||||||
34 | (a) The Department shall make available to the public,
upon |
| |||||||
|
|||||||
1 | request, information about permissible exposure limits for | ||||||
2 | molds,
reduction and inhibition of mold growth, or mold | ||||||
3 | abatement,
or any combination of those, including all of the | ||||||
4 | following:
| ||||||
5 | (1) Recommended steps to take when contracting with
a | ||||||
6 | company to identify mold or conduct mold abatement.
| ||||||
7 | (2) Recommended steps to take to reduce or inhibit mold | ||||||
8 | growth in
residential, commercial, and industrial | ||||||
9 | buildings.
| ||||||
10 | (3) Existing laws, rules, standards, and guidelines | ||||||
11 | pertaining to
permissible exposure limits for molds, | ||||||
12 | reduction and inhibition of
mold, mold abatement, or | ||||||
13 | disclosure.
| ||||||
14 | (4) Basic health information as contained in
existing | ||||||
15 | mold publications.
| ||||||
16 | (b) The Department shall develop (i) public education
| ||||||
17 | materials and resources to inform the public about the health
| ||||||
18 | effects of molds, permissible exposure limits for molds, | ||||||
19 | reduction and
inhibition of mold growth, or mold abatement, | ||||||
20 | (ii) resources to obtain
information
about molds, and
(iii) | ||||||
21 | contact information for individuals, organizations, or
| ||||||
22 | government entities to assist with public concerns about
molds. | ||||||
23 | The Department shall make its public education
materials | ||||||
24 | available to environmental groups, licensed
environmental | ||||||
25 | health practitioners, commercial and residential landlord
| ||||||
26 | organizations, homeowners' organizations, and tenants' | ||||||
27 | organizations and to the
general public. The materials shall be | ||||||
28 | produced in Spanish as well as in
English to accommodate the | ||||||
29 | growing Latino population in
Illinois. The materials shall be | ||||||
30 | made available on the
Department's internet web site.
| ||||||
31 | Section 80. Disclosures in connection with sale or transfer | ||||||
32 | of real
property.
| ||||||
33 | (a) Subject to subsections (b), (c), and (d) of this
| ||||||
34 | Section, a seller or transferor of residential, commercial, or
| ||||||
35 | industrial real property shall provide written disclosure to a
|
| |||||||
|
|||||||
1 | prospective buyer of the property as soon as reasonably | ||||||
2 | practicable before the
transfer of title when the seller or | ||||||
3 | transferor knows or reasonably
should know of the existence of | ||||||
4 | mold in the indoor environment that
either exceeds permissible | ||||||
5 | exposure limits for molds developed by the
Department pursuant | ||||||
6 | to Section 15 or poses any significant risk to
health.
| ||||||
7 | (b) A seller or transferor of residential, commercial, or | ||||||
8 | industrial
real property is exempt from providing written
| ||||||
9 | disclosure pursuant to this Section if mold abatement was | ||||||
10 | performed,
after the discovery of mold as described in | ||||||
11 | subsection (a), in
accordance with the standards developed by | ||||||
12 | the Department pursuant to
Section 60 of this Act.
| ||||||
13 | (c) The requirements of this Section do not apply
until the | ||||||
14 | first January 1 or July 1 that occurs at least 6
months after | ||||||
15 | the Department adopts standards pursuant to
Section 15, 30, or | ||||||
16 | 60 or develops guidelines pursuant to
Section 45 of this Act.
| ||||||
17 | Section 85. Disclosures to commercial and industrial | ||||||
18 | tenants.
| ||||||
19 | (a) Subject to subsections (c) and (d), a lessor of | ||||||
20 | commercial or
industrial real property shall provide written | ||||||
21 | disclosure to tenants occupying
that property, as soon as
| ||||||
22 | reasonably practicable, when the lessor
knows or
reasonably | ||||||
23 | should know of the existence of mold in the indoor
environment | ||||||
24 | of the leased building or space that either exceeds
permissible | ||||||
25 | exposure limits for molds developed by the Department
pursuant | ||||||
26 | to Section 15 of this Act or poses any significant risk to
| ||||||
27 | health.
| ||||||
28 | (b) Subject to subsections (c) and (d), a lessor of | ||||||
29 | commercial or
industrial real property shall provide written | ||||||
30 | disclosure to prospective
tenants of the property,
as soon as | ||||||
31 | reasonably practicable, prior to entering into a lease of the
| ||||||
32 | property to those tenants, when
the lessor knows or reasonably | ||||||
33 | should know of the
existence of mold in the indoor environment | ||||||
34 | of the building or space to
be leased that either exceeds | ||||||
35 | permissible exposure limits for molds
developed by the |
| |||||||
|
|||||||
1 | Department pursuant to Section 15 of this Act or poses
any | ||||||
2 | significant risk to health.
| ||||||
3 | (c) A lessor of commercial or industrial real property is
| ||||||
4 | exempt from providing written disclosure pursuant to this | ||||||
5 | Section if mold
abatement was performed, after the discovery of | ||||||
6 | mold as described in
subsection (a) or (b), in accordance with | ||||||
7 | the standards developed by
the Department pursuant to Section | ||||||
8 | 60 of this Act.
| ||||||
9 | (d) The requirements of this Section do not apply
until the | ||||||
10 | first January 1 or July 1 that occurs at least 6
months after | ||||||
11 | the Department adopts standards pursuant to
Section 15, 30, or | ||||||
12 | 60 or develops guidelines pursuant to
Section 45.
| ||||||
13 | (e) A commercial or industrial landlord shall not be
| ||||||
14 | required to conduct mold identification testing to determine | ||||||
15 | whether
the presence of molds exceeds any permissible exposure | ||||||
16 | limits for
molds or poses a significant health risk unless | ||||||
17 | there is reasonable
cause for such testing, including, but not | ||||||
18 | limited to, any of the
following:
| ||||||
19 | (1) Discovery of visible mold in the leased building or | ||||||
20 | in or around
the leased space.
| ||||||
21 | (2) Unremedied or chronic moisture or water intrusion | ||||||
22 | into the
leased building or in or around the leased space.
| ||||||
23 | (3) Adverse health effects of individuals occupying | ||||||
24 | the leased
building or space, determined by a licensed | ||||||
25 | health practitioner
to be potentially or possibly related | ||||||
26 | to exposure to toxic mold.
| ||||||
27 | Section 90. Notification by commercial or industrial | ||||||
28 | tenant. A tenant of
commercial or industrial real
property who | ||||||
29 | knows or reasonably should know (i) that the presence of
molds | ||||||
30 | exceeds permissible exposure limits for molds adopted under | ||||||
31 | Section 15 or
poses a
significant health risk or (ii) that | ||||||
32 | there is a condition of
chronic water or moisture intrusion or | ||||||
33 | flood in the leased building or
space shall inform the landlord | ||||||
34 | of that knowledge within a reasonable
period of time. The | ||||||
35 | tenant shall make the property available to
the landlord or his |
| |||||||
|
|||||||
1 | or her agents for appropriate assessment or
remedial action as | ||||||
2 | soon as is reasonably practicable.
Nothing in this Section is | ||||||
3 | intended to affect existing duties
and obligations of | ||||||
4 | residential tenants and landlords in any
way.
| ||||||
5 | Section 95. Duty to conduct mold abatement with respect to | ||||||
6 | commercial or
industrial
building or building space.
| ||||||
7 | (a) A commercial or industrial landlord who knows or has
| ||||||
8 | notice that mold is present in the building, heating system,
| ||||||
9 | ventilating or air-conditioning system, or appurtenant
| ||||||
10 | structures, or that there is a condition of chronic water
or | ||||||
11 | moisture intrusion or flood, has an affirmative duty, within
a | ||||||
12 | reasonable period of time, to assess the presence of mold or
| ||||||
13 | condition likely to result in the presence of mold, in | ||||||
14 | accordance
with any guidelines adopted by the Department in | ||||||
15 | Section 45 of this Act
and perform any necessary mold abatement | ||||||
16 | in accordance with the standards
developed by the Department
| ||||||
17 | pursuant to Section 60 of this Act.
| ||||||
18 | (b) Any tenant of commercial or industrial real
property | ||||||
19 | who knows or is informed that mold is present in the
building, | ||||||
20 | heating system, ventilating or air-conditioning
system, or | ||||||
21 | appurtenant structures, or that there is a
condition of chronic | ||||||
22 | water or intrusion or flood, and is
responsible for all | ||||||
23 | maintenance, operation, and upkeep of the leased
property shall | ||||||
24 | inform the landlord in writing of that knowledge
as soon as is | ||||||
25 | reasonably practicable and shall (i) assess the presence
of | ||||||
26 | mold or condition likely to result in the presence of mold, in
| ||||||
27 | accordance with any guidelines adopted by the Department | ||||||
28 | pursuant to Section 45
of this Act, and (ii) perform any | ||||||
29 | necessary mold abatement in accordance with
the standards | ||||||
30 | developed by the
Department pursuant to Section 60 of this Act, | ||||||
31 | as required by the terms
of the contract with the landlord.
| ||||||
32 | Section 100. Disclosures by public entity.
| ||||||
33 | (a) A public entity that owns, leases, or operates a
| ||||||
34 | building shall provide written disclosure to all building
|
| |||||||
|
|||||||
1 | occupants, employees, and prospective tenants as specified in
| ||||||
2 | subsection (b) when the public entity knows, or has reasonable | ||||||
3 | cause
to believe, that a condition of chronic water or moisture | ||||||
4 | intrusion or
flood exists, or that mold is present that either | ||||||
5 | exceeds the
permissible exposure limits for molds developed by | ||||||
6 | the Department
pursuant to Section 15 of this Act or poses any | ||||||
7 | significant risk to
health.
| ||||||
8 | (b) The written disclosures required by subsection (a) | ||||||
9 | shall
be provided:
| ||||||
10 | (1) To prospective tenants as soon as practicable
and | ||||||
11 | prior to entering into rental agreements with those | ||||||
12 | tenants.
| ||||||
13 | (2) To building occupants or employees in affected | ||||||
14 | buildings
or building spaces as soon as is reasonably | ||||||
15 | practicable.
| ||||||
16 | (c) A public entity is exempt from providing
written | ||||||
17 | disclosure to prospective tenants pursuant to this
Section if | ||||||
18 | mold abatement was performed, after the discovery of mold as
| ||||||
19 | described in subsection (a), in accordance with the standards | ||||||
20 | developed
by the Department pursuant to Section 60 of this Act.
| ||||||
21 | (d) The requirements of this Section do not apply
until the | ||||||
22 | first January 1 or July 1 that occurs at least 6
months after | ||||||
23 | the Department adopts standards pursuant to
Section 15, 30, or | ||||||
24 | 60 or develops guidelines pursuant to
Section 45.
| ||||||
25 | Section 105. Disclosure by residential landlord.
| ||||||
26 | (a) Subject to subsections (c), (d), and (e),
a lessor of | ||||||
27 | residential real property shall disclose in writing,
to tenants | ||||||
28 | and prospective tenants of the property, the existence of mold | ||||||
29 | in
the indoor environment of the leased building or unit that | ||||||
30 | either
exceeds permissible exposure limits for molds developed | ||||||
31 | by the
Department pursuant to Section 15 of this Act or poses | ||||||
32 | any significant
risk to health.
| ||||||
33 | (b) A lessor of residential
real property shall conduct | ||||||
34 | mold identification testing to determine
whether the presence | ||||||
35 | of molds exceeds any permissible exposure
limits for molds or |
| |||||||
|
|||||||
1 | poses a significant health risk if there is
reasonable cause | ||||||
2 | for such testing, including, but not limited to any of
the | ||||||
3 | following:
| ||||||
4 | (1) Discovery of visible mold in the leased building or | ||||||
5 | in or around
the leased space.
| ||||||
6 | (2) Unremedied or chronic moisture or water intrusion | ||||||
7 | into the leased
building or in or around the leased unit.
| ||||||
8 | (3) Adverse health effects of individuals occupying | ||||||
9 | the leased building
or unit, determined by a licensed | ||||||
10 | health practitioner to be potentially
or possibly related | ||||||
11 | to exposure to toxic mold.
| ||||||
12 | (c) The written disclosure required by subsection (a) shall | ||||||
13 | be
provided:
| ||||||
14 | (1) To prospective tenants prior to entering into
| ||||||
15 | rental or lease agreements with those tenants.
| ||||||
16 | (2) To tenants in affected units as soon as
is | ||||||
17 | reasonably practicable.
| ||||||
18 | (d) A lessor of residential real property is exempt from
| ||||||
19 | providing written disclosure pursuant to this Section if mold
| ||||||
20 | abatement was performed, after the discovery of mold as | ||||||
21 | described in
subsection (a) or (b), in accordance with the | ||||||
22 | standards developed by
the Department pursuant to Section 60 of | ||||||
23 | this Act.
| ||||||
24 | (e) The requirements of this Section do not apply
until the | ||||||
25 | first January 1 or July 1 that occurs at least 6
months after | ||||||
26 | the Department adopts standards pursuant to
Section 15, 30, or | ||||||
27 | 60 or develops guidelines pursuant to
Section 45.
| ||||||
28 | Section 110. Residential landlord's duty to disclose | ||||||
29 | health risks.
| ||||||
30 | (a) A residential landlord shall disclose in writing,
to | ||||||
31 | prospective tenants, the potential health
risks and the health | ||||||
32 | impact that may result from exposure to
mold. The landlord | ||||||
33 | shall make the disclosure by distributing a
consumer-oriented | ||||||
34 | booklet developed and
disseminated by the Department.
| ||||||
35 | (b) The written disclosure as required by subsection (a) |
| |||||||
|
|||||||
1 | shall be
provided to prospective residential tenants prior to | ||||||
2 | entering into an agreement
for the rental
or lease of the | ||||||
3 | property to those tenants.
| ||||||
4 | (c) The requirements of this Section do not apply until
the | ||||||
5 | first January 1 or July 1 that occurs at least 6 months
after | ||||||
6 | the Department develops and disseminates the consumer-oriented
| ||||||
7 | booklet as described in subsection (a).
| ||||||
8 | Section 115. Duty to conduct mold abatement of residential | ||||||
9 | building or
unit. A lessor of a residential building or unit | ||||||
10 | who knows or has
notice that mold is present in the building, | ||||||
11 | heating system,
ventilating or air-conditioning system, or | ||||||
12 | appurtenant
structures, or that there is a condition of chronic | ||||||
13 | water
or moisture intrusion or flood, has an affirmative duty, | ||||||
14 | within
a reasonable period of time, to assess the presence of | ||||||
15 | mold or
condition likely to result in the presence of mold, in | ||||||
16 | accordance
with any guidelines adopted by the Department in | ||||||
17 | Section 45 of this Act
and perform any necessary mold abatement | ||||||
18 | in accordance with the standards
developed by the Department
| ||||||
19 | pursuant to Section 60 of this Act.
| ||||||
20 | Section 120. Responsibilities imposed by other laws.
| ||||||
21 | (a) Nothing in this Act relieves an owner, manager, seller,
| ||||||
22 | transferor, lessor, agent, landlord, or tenant from any
| ||||||
23 | responsibility for compliance with other obligations, laws,
| ||||||
24 | ordinances, codes, rules, or regulations or with any duties | ||||||
25 | provided
for under the common law.
| ||||||
26 | (b) Nothing in this Act alters or modifies any right,
| ||||||
27 | remedy, or defense otherwise available under law.
| ||||||
28 | (c) Nothing in this Act affects the obligation under any | ||||||
29 | other law
of a transferor or other party to a real estate | ||||||
30 | contract, or his or
her agent, to disclose any facts materially | ||||||
31 | affecting the
value and desirability of the property, | ||||||
32 | including, but not
limited to, the physical condition of the | ||||||
33 | property and
previously received reports of physical | ||||||
34 | inspections noted on
the disclosure form.
|
| |||||||
|
|||||||
1 | (d) Nothing in this Act shall be construed to change the
| ||||||
2 | inspection and disclosure duties of a real estate
broker or | ||||||
3 | salesperson under other laws.
| ||||||
4 | (e) The specification of items for disclosure in this
Act | ||||||
5 | does not limit or abridge any obligation for disclosure
that is | ||||||
6 | created by any other provision of law or that may exist in
| ||||||
7 | order to avoid fraud, misrepresentation, or deceit in a
| ||||||
8 | transaction for the transfer of real property.
| ||||||
9 | Section 125. Inaccurate information. Neither the
| ||||||
10 | transferor nor any listing or selling agent of the transferor | ||||||
11 | shall be held
liable for any error, inaccuracy, or omission of | ||||||
12 | any
information delivered pursuant to this Act if the error,
| ||||||
13 | inaccuracy, or omission (i) was not within the personal | ||||||
14 | knowledge
of the transferor or the listing or selling agent or | ||||||
15 | (ii) was
based on information timely provided by a public | ||||||
16 | agency or by
another person providing relevant information by | ||||||
17 | delivery of a
report or opinion prepared by an expert dealing | ||||||
18 | with matters
within the relevant scope of the expert's license | ||||||
19 | or
expertise, and ordinary care was exercised in obtaining and
| ||||||
20 | transmitting it.
| ||||||
21 | Section 130. Enforcement. Local health authorities, code
| ||||||
22 | enforcement officers, licensed environmental health
| ||||||
23 | practitioners, city attorneys, and any other appropriate
| ||||||
24 | government entities may respond to complaints about mold,
may | ||||||
25 | enforce standards and guidelines adopted by the Department
| ||||||
26 | pursuant to this Act, and may enforce the disclosure and | ||||||
27 | notification
requirements of Sections 80 through 110 of this | ||||||
28 | Act. The
Department shall adopt guidelines for such | ||||||
29 | enforcement. The guidelines
shall include development of
a form | ||||||
30 | for disclosure and the penalties, if any, that may be
imposed | ||||||
31 | for failure to disclose information as required by this Act. A | ||||||
32 | penalty
may not be assessed
against an owner of residential | ||||||
33 | real property for failure to disclose under
Section 105 if
the | ||||||
34 | owner provides disclosure to the tenants in a form that
|
| |||||||
|
|||||||
1 | substantially conforms to the disclosure form developed by
the | ||||||
2 | Department. The authority to enforce disclosure and
| ||||||
3 | notification requirements pursuant to this Section does not | ||||||
4 | apply until
the first January 1 or July 1 that occurs at least | ||||||
5 | 6 months after
the Department adopts guidelines for such | ||||||
6 | enforcement.
| ||||||
7 | Section 132. Adjudication of ordinance violation. Nothing | ||||||
8 | in this Act,
including the definition of "code enforcement | ||||||
9 | officer", shall be
construed to allow for administrative | ||||||
10 | adjudication
of an ordinance violation in a case where a State | ||||||
11 | statute or
administrative rule provides for a specific method | ||||||
12 | or
procedure, other than administrative
adjudication, to be | ||||||
13 | followed in enforcing an ordinance.
| ||||||
14 | Section 135. Adoption of additional standards. After the
| ||||||
15 | Department, pursuant to the Illinois Administrative Procedure | ||||||
16 | Act,
submits the proposed standards and guidelines developed | ||||||
17 | pursuant to
this Act, the Department shall consider and report
| ||||||
18 | to the General Assembly on the need for standards for | ||||||
19 | mold-testing
professionals and mold-abatement specialists.
| ||||||
20 | Section 140. Implementation. This Act shall be
implemented | ||||||
21 | only to the extent that the Department determines
that funds | ||||||
22 | are available for the Act's implementation.
| ||||||
23 | Section 999. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |