Illinois Compiled Statutes
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410 ILCS 45/2
(410 ILCS 45/2)
(from Ch. 111 1/2, par. 1302)
As used in this Act:
"Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
public or private school structure frequented by children 6 years of
age or younger.
"Childhood Lead Risk Questionnaire" means the questionnaire developed by the Department for use by physicians and other health care providers to determine risk factors for children 6 years of age or younger residing in areas designated as low risk for lead exposure.
"Delegate agency" means a unit of local government or health
department approved by the Department to carry out the provisions of this Act.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a residential building used as living quarters for one household.
"Elevated blood lead level" means a blood lead level in excess of the limits established under State rules.
"Exposed surface" means any interior or exterior surface of
a regulated facility.
"High risk area" means an area in the State determined by the Department to
be high risk for lead exposure for children 6 years of age or younger. The
Department may consider, but is not limited to, the following factors to
determine a high risk area: age and condition (using Department of Housing and
Development definitions of "slum" and "blighted") of housing, proximity to
highway traffic or heavy local traffic or both, percentage of housing
determined as rental or vacant, proximity to industry using lead, established
incidence of elevated blood lead levels in children, percentage of population
below 200% of federal poverty guidelines, and number of children residing in
the area who are 6 years of age or younger.
"Lead abatement" means any approved work practices that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility. The Department shall establish by rule which work practices are approved or prohibited for lead abatement.
"Lead abatement contractor" means any person or entity licensed by the
Department to perform lead abatement and mitigation.
"Lead abatement supervisor" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and lead mitigation and to supervise lead workers who perform lead abatement and lead mitigation.
"Lead abatement worker" means any person employed by a lead abatement
contractor and licensed by the Department to perform lead abatement and
"Lead activities" means the conduct of any lead services, including, lead inspection, lead risk assessment, lead mitigation, or lead abatement work or supervision in a regulated facility.
"Lead-bearing substance" means any item containing or coated with lead such that the lead content is more than six-hundredths of one percent (0.06%) lead by total weight; or any dust on surfaces or in
furniture or other nonpermanent elements of the regulated facility; or any paint or
other surface coating material containing more than five-tenths of one
percent (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 rule; 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 the rules authorized by
this Act or a lower standard for lead content as may be established by
federal law or rule. "Lead-bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"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 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, in a
manner described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate
health hazard to humans.
"Lead poisoning" means having an elevated blood lead level.
"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 and all lead sampling associated with compliance investigations.
"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 inspections, and lead hazard screens; to sample for the presence of lead in paint, dust, soil, water, and sources for lead-bearing substances; and to conduct compliance investigations.
"Lead training program provider" means any person providing Department-approved lead training in Illinois to individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6 years of age or younger. The Department may consider the factors named in "high risk area" to determine low
"Owner" means any person, who alone, jointly, or severally with
(a) Has legal title to any regulated facility, with
or without actual possession of the regulated facility, or
(b) Has charge, care, or control of the regulated
facility as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.
"Person" means any individual, partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assign.
"Regulated facility" means a residential building or child care facility.
"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.
(Source: P.A. 100-723, eff. 1-1-19