Section 845.20  Definitions

 

For purposes of this Part, the following terms have the meanings ascribed in this Section.

 

"Act" means the Lead Poisoning Prevention Act [410 ILCS 45].

 

"Blood Lead Test" means a blood lead testing by venous or capillary methodology. The terms "blood lead test" and "screen" are used interchangeably.

 

"Child" means a person under the age of 16.

 

"Child Care Facility" means any structure used by a child care provider licensed by the Department of Children and Family Services or public school structure frequented by children under 6 years of age.  (Section 2 of the Act)

 

"Childhood Lead Risk Assessment" means administration of the risk assessment questionnaire to the parent.

 

"Compliance Investigation" means the activity of performing a visual assessment and collecting dust wipe samples for the purpose of determining compliance with the Department's standard for lead dust levels.

 

"Confirmed Blood Lead Level" means that an elevated blood lead level is confirmed by a venous blood lead test.

 

"Defective Surface" means peeling, flaking, chalking, scaling or chipping paint; paint over crumbling, cracking or falling plaster or plaster with holes in it; paint over a defective or deteriorating substrate; or paint that is damaged or worn down in any manner such that a child can get paint from the damaged area.

 

"Delegate Agency" means a unit of local government or health department approved by the Department in accordance with Section 845.50 of this Part to carry out the provisions of the Act.  (Section 2 of the Act)

 

"Department" means the Department of Public Health of the State of Illinois.  (Section 2 of the Act)

 

"Director" means the Director of the Department of Public Health of the State of Illinois.

 

"Dwelling" means any structure all or part of which is designed or used for human habitation.  (Section 2 of the Act)

 

"Elevated Results" means a blood lead test result of 10 micrograms/deciliter or higher.

 

"Encapsulant" means a substance that forms a barrier between a lead bearing substance and the environment using a liquid-applied coating or an adhesively bonded covering material.

 

"Health Care Provider" means any person providing health care services to children, who is authorized pursuant to the Illinois Clinical Laboratory and Blood Bank Act [210 ILCS 25] to request the testing of specimens, but does not include dentists.

 

"HEPA" means a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles greater than 0.3 micrometers in mass median aerodynamic equivalent diameter.

 

"Intact Surface" means a surface with no loose, peeling, chipping or flaking paint.  Intact surfaces that are painted must be free from crumbling, cracking or deterioration.  Intact surfaces must not be damaged or worn down in any way that would make paint or debris from the damaged area accessible to children.

 

"Lead Abatement" means any activity that will permanently eliminate lead exposure or remove the lead bearing substances in a regulated facility.

 

"Lead Abatement Contractor" means any person or entity licensed by the Department to perform lead abatement or mitigation.  (Section 2 of the Act)

 

"Lead Bearing Substance" means any item or part of an item containing or coated with lead such that the lead content is more than 0.06% lead by total weight; or any dust on surfaces or in furniture or other nonpermanent elements of the dwelling; or any paint or other surface coating material containing more than 0.5% lead by total weight (calculated as lead metal) in the total non-volatile content of liquid paint; or lead bearing substances containing greater than one milligram per square centimeter or any lower standard for lead content in residential paint as may be established by federal law or regulation; or more than 1 milligram per square centimeter in the dried film of paint or previously applied substance; or item or dust on item containing lead in excess of the amount specified in this Part or a lower standard for lead content as may be established by federal law or regulation. "Lead bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act.  (Section 2 of the Act)

 

"Lead Hazard" means a lead bearing substance that poses an immediate health hazard to humans.  (Section 2 of the Act)

 

"Lead Hazard Screen" means a lead risk assessment that involves limited dust and paint sampling for lead bearing substances and lead hazards.  This service is used as a screening tool designed to determine if further lead investigative services are required for the regulated facility.

 

"Lead Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint.  Lead inspection includes sampling or investigation for lead associated with a lead inspection as defined in this Section and outlined in Section 845.210, and all lead sampling associated with compliance investigations defined in this Section and outlined in Section 845.225.

 

"Lead Inspector" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead inspections; to sample for the presence of lead in paint, dust, soil, and water; and to conduct compliance investigations.

 

"Lead Mitigation" means the remediation of a lead hazard so that a lead bearing substance does not pose an immediate health hazard to humans.

 

"Lead Poisoning" means the condition of having blood lead levels in excess of those considered safe under this Part (see the definition of "permissible limits") and federal rules and regulations.  (Section 2 of the Act)

 

"Lead Risk Assessment" means an on-site investigation to determine the existence, nature, severity and location of lead hazards.  Lead risk assessment includes any lead sampling and visual assessment associated with conducting a lead risk assessment and lead hazard screen as defined in this Section and outlined in Sections 845.215 and 845.220, and all lead sampling associated with compliance investigations defined in this Section and outlined in Section 845.225.

 

"Lead Risk Assessor" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead risk assessments, lead inspection, and lead hazard screens; to sample for the presence of lead in paint, dust, soil and water; and to conduct compliance investigations.

 

"Lead Supervisor" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and mitigation, and to supervise lead workers who perform lead abatement and mitigation.  ("Lead Abatement Supervisor" was formerly called "Lead Abatement Contractor/Supervisor".)

 

"Lead Worker" means any person employed by a licensed lead abatement contractor and licensed by the Department to perform lead abatement and mitigation.  (Section 2 of the Act)

 

"Local Health Department" means the health department or board of health, as recognized by the Department, that has jurisdiction over the particular geographical area in which the person lives.

 

"Negative Blood Lead Test Result" means a blood lead test with a blood lead level of less than 10 micrograms/deciliter (mcg/dL) or less of whole blood in a child under age 16 years.

 

"Owner" means any person who alone, jointly, or severally with others:

 

Has legal title to any dwelling or residential building, with or without accompanying actual possession of the dwelling or residential building, or

 

Has charge, care or control of the dwelling or residential building as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.  (Section 2 of the Act)

 

"Permissible Limits", for reporting purposes, means a confirmed blood lead level of less than 10 micrograms/deciliter (mcg/dL) of whole blood in a child under age 16 years, less than 10 mcg/dL for a pregnant or breast‑feeding woman, and less than 25 mcg/dL for all other persons.

 

"Person" means any one or more natural persons, legal entities, governmental bodies, or any combination.  (Section 2 of the Act)

 

"Positive Blood Lead Test Result" means a blood lead level test with a blood lead level of 10 micrograms/deciliter (mcg/dL) or higher of whole blood in a child under age 16 years.

 

"Regulated Facility" means a dwelling, residential building, child care facility, or any other structure as defined in the Act or this Part.

 

"Renovation" means the modification of any existing structure, or portion thereof, of a regulated facility that results in the disturbance of painted surfaces.

 

"Renovator" means any person who conducts renovation in a regulated facility for compensation, including barter.

 

"Residential Building" means any room, group of rooms, or other interior areas of a structure designed or used for human habitation; common areas accessible by inhabitants; and the surrounding property or structures.  (Section 2 of the Act)

 

"Room Equivalent" means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase, a hallway or an exterior area.

 

"STELLAR" means the Systematic Tracking of Elevated Lead Levels and Remediation software developed and provided by the Centers for Disease Control and Prevention for local agencies to use in tracking lead poisoning cases.

 

"Testing Combination" means a unique combination of room equivalent, building component type, and substrate.

 

"Training Hour" means at least 50 minutes of actual teaching, including time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

 

"Work Area" means the interior and exterior areas where lead mitigation or lead abatement activities are conducted.  These areas may include any room or rooms undergoing lead mitigation or lead abatement activities in a regulated facility, including any common area of these facilities.

 

"XRF" means X-ray fluorescence.  XRF instruments are typically used to measure lead in soil, dust and paint samples.