093_HB1461

 
                                     LRB093 08133 AMC 08338 b

 1        AN ACT concerning asbestos abatement.

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

 4        Section 5.  The Commercial and Public  Building  Asbestos
 5    Abatement  Act  is  amended by changing Sections 15 and 35 as
 6    follows:

 7        (225 ILCS 207/15)
 8        Sec. 15.  Definitions.  As used in this Act:
 9        "Asbestos abatement contractor"  means  any  entity  that
10    provides  removal,  enclosure,  encapsulation, or disposal of
11    asbestos containing materials.
12        "Asbestos containing building materials" or "ACBM"  means
13    surfacing  asbestos  containing  materials  or  ACM,  thermal
14    system  insulation ACM, or miscellaneous ACM that is found in
15    or on  interior  structural  members  or  other  parts  of  a
16    building.
17        "Asbestos" means the asbestiform varieties of chrysotile,
18    amosite,    crocidolite,   tremolite,   anthrophyllite,   and
19    actinolite.
20        "Asbestos inspector" means  an  individual  who  performs
21    inspections  of  commercial  and  public  buildings  for  the
22    presence of asbestos containing materials.
23        "Asbestos  materials"  means any material or product that
24    contains more than 1% asbestos.
25        "Asbestos consultant" means a person offering  expert  or
26    professional advice as an asbestos professional or designated
27    person.
28        "Asbestos   professional"  means  an  individual  who  is
29    licensed by  the  Department  to  perform  the  duties  of  a
30    contractor,  inspector, management planner, project designer,
31    project  supervisor,  or  air   sampling   professional,   as
 
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 1    applicable.
 2        "Asbestos   supervisor"   means   an  asbestos  abatement
 3    contractor, foreman, or person  designated  as  the  asbestos
 4    abatement  contractor's representative who is responsible for
 5    the onsite supervision  of  the  removal,  encapsulation,  or
 6    enclosure   of   friable  or  nonfriable  asbestos-containing
 7    materials in a commercial or public building.
 8        "Asbestos  worker"  means  an  individual   who   cleans,
 9    removes,   encapsulates,  encloses,  hauls,  or  disposes  of
10    friable asbestos material.
11        "Building/facility owner" is the legal entity,  including
12    a  lessee,  that exercises control over management and record
13    keeping functions relating to a building or facility in which
14    activities covered by this standard take place.
15        "Commercial or public  building"   means    the  interior
16    space  of any building, except that the term does not include
17    any residential apartment building of fewer than 10 units  or
18    detached  single family homes.  The term includes, but is not
19    limited to:  industrial  and  office  buildings,  residential
20    apartment  buildings  and condominiums of 10 or more dwelling
21    units,   government-owned   buildings,   colleges,   museums,
22    airports, hospitals, churches, schools,  preschools,  stores,
23    warehouses,  and factories.  Interior space includes exterior
24    hallways  connecting  buildings,  porticos,  and   mechanical
25    systems used to condition interior space.
26        "Department" means the Department of Public Health.
27        "Designated  person"  means  a  person  designated by the
28    local education agency, as defined by the Asbestos  Abatement
29    Act,  to  ensure  that  the management plan has been properly
30    implemented.
31        "Director" means the Director of Public Health.
32        "Encapsulation"  means  the  treatment  of  ACBM  with  a
33    material that surrounds  or  embeds  asbestos  fibers  in  an
34    adhesive  matrix  that  prevents the release of fibers as the
 
                            -3-      LRB093 08133 AMC 08338 b
 1    encapsulant creates a membrane over  the  surfaces  (bridging
 2    encapsulant)   or  penetrates  the  material  and  binds  its
 3    components together (penetrating encapsulant).
 4        "Enclosure" means the construction of airtight walls  and
 5    ceilings  between  the  asbestos  containing material and the
 6    building environment, or around surfaces coated with asbestos
 7    containing materials, or  any  other  appropriate  scientific
 8    procedure  as  determined by the Department that prevents the
 9    release of asbestos.
10        "Friable", when referring to material in a commercial  or
11    public  building,  means  that the material, when dry, may be
12    crumbled, pulverized, or reduced to powder by  hand  pressure
13    and  includes  previously  nonfriable  materials  after  such
14    previously  nonfriable material becomes damaged to the extent
15    that, when dry, it may be crumbled, pulverized, or reduced to
16    powder by hand pressure.
17        "Inspection" means an activity undertaken in a public  or
18    commercial building to determine the presence or location, or
19    to  assess  the  condition of, friable or nonfriable asbestos
20    containing  building  material  (ACBM)  or  suspected   ACBM,
21    whether  by  visual or physical examination, or by collecting
22    samples of such material.
23        "Nonfriable" means material in  a  commercial  or  public
24    building which, when dry, may not be crumbled, pulverized, or
25    reduced to powder by hand pressure.
26        "Person"  means  any  individual,  group  of individuals,
27    association, trust, partnership,  corporation,  person  doing
28    business under an assumed name, or any other entity.
29        "Project   designer"  means  an  individual  who  designs
30    response actions for commercial or public buildings.
31        "Response action"  means  a  method,  including  removal,
32    encapsulation, enclosure, repair, operations and maintenance,
33    that  protects  human health and the environment from friable
34    ACBM.
 
                            -4-      LRB093 08133 AMC 08338 b
 1        "Response  action  contractor"  means  any  entity   that
 2    engages in response action services.
 3        "Response action services" means the service of designing
 4    and  conducting removal, encapsulation, enclosure, repair, or
 5    operations and maintenance  of  friable  asbestos  containing
 6    building   materials,  inspection  of  public  or  commercial
 7    buildings, and inspection of asbestos  containing  materials.
 8    The  term  does  not  include  the  design  or  conducting of
 9    response actions that involve removal or possible disturbance
10    of  an  amount  of  asbestos  containing  building   material
11    comprising  less than 3 square feet of other friable asbestos
12    containing building material.
13    (Source: P.A. 89-143, eff. 7-14-95.)

14        (225 ILCS 207/35)
15        Sec. 35.  Licensing.
16        (1)  No  person  may  act  as   an   asbestos   abatement
17    contractor  providing  response  action  services  unless the
18    person is licensed as an Asbestos Abatement Contractor by the
19    Department in accordance with the Asbestos Abatement Act  and
20    rules promulgated under it.
21        (2)  No   person   may  act  as  an  asbestos  supervisor
22    providing response  action  services  unless  the  person  is
23    licensed as a Supervisor by the Department in accordance with
24    the Asbestos Abatement Act and rules promulgated under it.
25        (3)  No  person  may  act as a project designer providing
26    response action services unless the person is licensed  as  a
27    Project  Designer  by  the  Department in accordance with the
28    Asbestos Abatement Act and rules promulgated under it.
29        (4)  No person may act as an  asbestos  worker  providing
30    response  action services unless the person is licensed as an
31    Asbestos  Worker  or  a  Supervisor  by  the  Department   in
32    accordance   with   the  Asbestos  Abatement  Act  and  rules
33    promulgated under it.
 
                            -5-      LRB093 08133 AMC 08338 b
 1        (5)  No person may act as an  asbestos  inspector  unless
 2    the  person  is  licensed  as  an  Asbestos  Inspector by the
 3    Department in accordance with the Asbestos Abatement Act  and
 4    rules promulgated under it.
 5        (6)  Beginning  January  1, 2004, no person may act as an
 6    asbestos consultant  unless  the  person  is  licensed  as  a
 7    consultant  by the Department in accordance with the Asbestos
 8    Abatement Act and rules promulgated under it. An employee  of
 9    a local education agency who is that local education agency's
10    designated person is exempt from the licensure requirement of
11    this subsection.
12        (7)  Individuals  and  entities  that wish to be licensed
13    shall make application on forms prescribed and  furnished  by
14    the  Department.  Licenses shall expire annually according to
15    a schedule determined by the  Department.   Applications  for
16    renewal  of  licenses  shall  be filed with the Department at
17    least 30 days before the expiration date.  When  a  licensure
18    examination  is  required,  the  license application shall be
19    submitted to the Department at least 30  days  prior  to  the
20    date  of  the  scheduled  examination.   The Department shall
21    evaluate each application based on its minimum standards  for
22    licensure, promulgated as rules, and render a decision.  Such
23    standards  may  include  a  requirement  for  the  successful
24    completion   of   a   course  of  training  approved  by  the
25    Department.  If the Department denies  the  application,  the
26    applicant may appeal the decision under the provisions of the
27    Administrative Review Law.
28    (Source: P.A. 89-143, eff. 7-14-95.)

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