98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5791

 

Introduced , by Rep. Silvana Tabares

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 45/9  from Ch. 111 1/2, par. 1309

    Amends the Lead Poisoning Prevention Act to provide that if an inspection report identifies a lead hazard, then lead abatement must be conducted before any construction to or demolition of the dwelling or residential building may occur.


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A BILL FOR

 

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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Section 9 as follows:
 
6    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
7    Sec. 9. Procedures upon determination of lead hazard.
8    (1) If the inspection report identifies a lead hazard, the
9Department or delegate agency shall serve a mitigation notice
10on the property owner that the owner is required to mitigate
11the lead hazard, and shall indicate the time period specified
12in this Section in which the owner must complete the
13mitigation. The notice shall include information describing
14mitigation activities which meet the requirements of this Act.
15    (2) If the inspection report identifies a lead hazard, the
16owner shall mitigate the lead hazard in a manner prescribed by
17the Department and within the time limit prescribed by this
18Section. The Department shall adopt rules regarding acceptable
19methods of mitigating a lead hazard. If the source of the lead
20hazard identified in the inspection report is lead paint or any
21other leaded surface coating, the lead hazard shall be deemed
22to have been mitigated if:
23        (A) The surface identified as the source of the hazard

 

 

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1    is no longer in a condition that produces a hazardous level
2    of leaded chips, flakes, dust or any other form of leaded
3    substance, that can be ingested or inhaled by humans, or;
4        (B) If the surface identified as the source of the
5    hazard is accessible to children and could reasonably be
6    chewed on by children, the surface coating is either
7    removed or covered, the surface is removed, or the access
8    to the leaded surface by children is otherwise prevented as
9    prescribed by the Department.
10    (3) Mitigation activities which involve the destruction or
11disturbance of any leaded surface shall be conducted by a
12licensed lead abatement contractor using licensed lead
13abatement workers. The Department may prescribe by rule
14mitigation activities that may be performed without a licensed
15contractor or worker. The Department may, on a case by case
16basis, grant a waiver of the requirement to use licensed lead
17abatement contractors and workers, provided the waiver does not
18endanger the health or safety of humans.
19    (4) The Department shall establish procedures whereby an
20owner, after receiving a mitigation notice under this Section,
21may submit a mitigation plan to the Department or delegate
22agency for review and approval.
23    (5) When a mitigation notice is issued for a dwelling unit
24inspected as a result of an elevated blood lead level in a
25pregnant woman or a child, or if the dwelling unit is occupied
26by a child under 6 years of age or a pregnant woman, the owner

 

 

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1shall mitigate the hazard within 30 days of receiving the
2notice; otherwise, the owner shall complete the mitigation
3within 90 days.
4    (6) An owner may apply to the Department or its delegate
5agency for an extension of the deadline for mitigation. If the
6Department or its delegate agency determines that the owner is
7making substantial progress toward mitigation, or that the
8failure to meet the deadline is the result of a shortage of
9licensed abatement contractors or workers, or that the failure
10to meet the deadline is because the owner is awaiting the
11review and approval of a mitigation plan, the Department or
12delegate agency may grant an extension of the deadline.
13    (7) The Department or its delegate agency may, after the
14deadline set for completion of mitigation, conduct a follow-up
15inspection of any dwelling for which a mitigation notice was
16issued for the purpose of determining whether the mitigation
17actions required have been completed and whether the activities
18have sufficiently mitigated the lead hazard as provided under
19this Section. The Department or its delegate agency may conduct
20a follow-up inspection upon the request of an owner or
21resident. If, upon completing the follow-up inspection, the
22Department or its delegate agency finds that the lead hazard
23for which the mitigation notice was issued is not mitigated,
24the Department or its delegate agency shall serve the owner
25with notice of the deficiency and a mitigation order. The order
26shall indicate the specific actions the owner must take to

 

 

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1comply with the mitigation requirements of this Act, which may
2include abatement if abatement is the sole means by which the
3lead hazard can be mitigated. The order shall also include the
4date by which the mitigation shall be completed. If, upon
5completing the follow-up inspection, the Department or
6delegate agency finds that the mitigation requirements of this
7Act have been satisfied, the Department or delegate agency
8shall provide the owner with a certificate of compliance
9stating that the required mitigation has been accomplished.
10    (8) If an inspection report identifies a lead hazard, then
11lead abatement must be conducted before any construction to or
12demolition of the dwelling or residential building may occur.
13(Source: P.A. 87-175; 87-1144.)