HB4854 94TH GENERAL ASSEMBLY

LRB094 17008 LJB 52289 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4854

Introduced 01/19/06, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

410 ILCS 45/8

from Ch. 111 1/2, par. 1308

Amends the Lead Poisoning Prevention Act. Provides that if a building is occupied by a child of less than 3 years of age screening positive for lead poisoning, the Department of Public Health must inspect the dwelling unit and common place area of the child screening positive. Provides that the Department may screen more units as the Department deems necessary. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Lead Poisoning Prevention Act is amended by changing Section 8 as follows:

(410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)

Sec. 8. Inspection of buildings occupied by a person screening positive. A representative of the Department, or delegate agency, may, after notification that an occupant of the dwelling unit in question is found to have a blood lead value of the value set forth in Section 7, upon presentation of the appropriate credentials to the owner, occupant, or his representative, inspect dwelling or dwelling units, at reasonable times, for the purposes of ascertaining that all surfaces accessible to children are intact and in good repair, and for purposes of ascertaining the existence of lead bearing substances. Such representative of the Department, or delegate agency, may remove samples or objects necessary for laboratory analysis, in the determination of the presence of lead-bearing substances in the designated dwelling or dwelling unit.

If a building is occupied by a child of less than 3 years of age screening positive the Department, in addition to all other requirements of this Section, must inspect the dwelling unit and common place area of the child screening positive. The Department may inspect more units as it deems necessary.

Following the inspection, the Department or its delegate agency shall:

(1) Prepare an inspection report which shall:

(A) State the address of the dwelling unit.

(B) Describe the scope of the inspection, the inspection procedures used, and the method of ascertaining the existence of a lead bearing substance in the dwelling unit.

(C) State whether any lead bearing substances were found in the dwelling unit.

(D) Describe the nature, extent, and location of any lead bearing substance that is found.

(E) State either that a lead hazard does exist or that a lead hazard does not exist. If a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard. The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section.

(F) Give the name of the person who conducted the inspection and the person to contact for further information regarding the inspection and the requirements of this Act.

(2) Mail or otherwise provide a copy of the inspection report to the property owner and to the occupants of the dwelling unit. If a lead bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure.

(Source: P.A. 87-175; 87-1144.)

Section 99. Effective date. This Act takes effect upon becoming law.