Public Act 093-0894
 
HB4057 Enrolled LRB093 15084 AMC 40672 b

    AN ACT concerning asbestos abatement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Commercial and Public Building Asbestos
Abatement Act is amended by changing Sections 15 and 35 as
follows:
 
    (225 ILCS 207/15)
    Sec. 15. Definitions. As used in this Act:
    "Asbestos abatement contractor" means any entity that
provides removal, enclosure, encapsulation, or disposal of
asbestos containing materials.
    "Asbestos containing building materials" or "ACBM" means
surfacing asbestos containing materials or ACM, thermal system
insulation ACM, or miscellaneous ACM that is found in or on
interior structural members or other parts of a building.
    "Asbestos" means the asbestiform varieties of chrysotile,
amosite, crocidolite, tremolite, anthrophyllite, and
actinolite.
    "Asbestos inspector" means an individual who performs
inspections of commercial and public buildings for the presence
of asbestos containing materials.
    "Asbestos materials" means any material or product that
contains more than 1% asbestos.
    "Asbestos consultant" means a person offering expert or
professional advice as an asbestos professional or designated
person.
    "Asbestos professional" means an individual who is
licensed by the Department to perform the duties of an
inspector, management planner, project designer, project
supervisor, project manager, or air sampling professional, as
applicable, except project supervisors under the direct employ
of a licensed asbestos abatement contractor.
    "Asbestos supervisor" means an asbestos abatement
contractor, foreman, or person designated as the asbestos
abatement contractor's representative who is responsible for
the onsite supervision of the removal, encapsulation, or
enclosure of friable or nonfriable asbestos-containing
materials in a commercial or public building.
    "Asbestos worker" means an individual who cleans, removes,
encapsulates, encloses, hauls, or disposes of friable asbestos
material.
    "Building/facility owner" is the legal entity, including a
lessee, that exercises control over management and record
keeping functions relating to a building or facility in which
activities covered by this standard take place.
    "Commercial or public building" means the interior space of
any building, except that the term does not include any
residential apartment building of fewer than 10 units or
detached single family homes. The term includes, but is not
limited to: industrial and office buildings, residential
apartment buildings and condominiums of 10 or more dwelling
units, government-owned buildings, colleges, museums,
airports, hospitals, churches, schools, preschools, stores,
warehouses, and factories. Interior space includes exterior
hallways connecting buildings, porticos, and mechanical
systems used to condition interior space.
    "Department" means the Department of Public Health.
    "Designated person" means a person designated by the local
education agency, as defined by the Asbestos Abatement Act, to
ensure that the management plan has been properly implemented.
    "Director" means the Director of Public Health.
    "Encapsulation" means the treatment of ACBM with a material
that surrounds or embeds asbestos fibers in an adhesive matrix
that prevents the release of fibers as the encapsulant creates
a membrane over the surfaces (bridging encapsulant) or
penetrates the material and binds its components together
(penetrating encapsulant).
    "Enclosure" means the construction of airtight walls and
ceilings between the asbestos containing material and the
building environment, or around surfaces coated with asbestos
containing materials, or any other appropriate scientific
procedure as determined by the Department that prevents the
release of asbestos.
    "Friable", when referring to material in a commercial or
public building, means that the material, when dry, may be
crumbled, pulverized, or reduced to powder by hand pressure and
includes previously nonfriable materials after such previously
nonfriable material becomes damaged to the extent that, when
dry, it may be crumbled, pulverized, or reduced to powder by
hand pressure.
    "Inspection" means an activity undertaken in a public or
commercial building to determine the presence or location, or
to assess the condition of, friable or nonfriable asbestos
containing building material (ACBM) or suspected ACBM, whether
by visual or physical examination, or by collecting samples of
such material.
    "Nonfriable" means material in a commercial or public
building which, when dry, may not be crumbled, pulverized, or
reduced to powder by hand pressure.
    "Person" means any individual, group of individuals,
association, trust, partnership, corporation, person doing
business under an assumed name, or any other entity.
    "Project designer" means an individual who designs
response actions for commercial or public buildings.
    "Response action" means a method, including removal,
encapsulation, enclosure, repair, operations and maintenance,
that protects human health and the environment from friable
ACBM.
    "Response action contractor" means any entity that engages
in response action services.
    "Response action services" means the service of designing
and conducting removal, encapsulation, enclosure, repair, or
operations and maintenance of friable asbestos containing
building materials, inspection of public or commercial
buildings, and inspection of asbestos containing materials.
The term does not include the design or conducting of response
actions that involve removal or possible disturbance of an
amount of asbestos containing building material comprising
less than 3 square feet or less than 3 lineal feet of other
friable asbestos containing building material.
(Source: P.A. 89-143, eff. 7-14-95.)
 
    (225 ILCS 207/35)
    Sec. 35. Licensing.
    (1) No person may act as an asbestos abatement contractor
providing response action services unless the person is
licensed as an Asbestos Abatement Contractor by the Department
in accordance with the Asbestos Abatement Act and rules
promulgated under it.
    (2) No person may act as an asbestos supervisor providing
response action services unless the person is licensed as a
Supervisor by the Department in accordance with the Asbestos
Abatement Act and rules promulgated under it.
    (3) No person may act as a project designer providing
response action services unless the person is licensed as a
Project Designer by the Department in accordance with the
Asbestos Abatement Act and rules promulgated under it.
    (4) No person may act as an asbestos worker providing
response action services unless the person is licensed as an
Asbestos Worker or a Supervisor by the Department in accordance
with the Asbestos Abatement Act and rules promulgated under it.
    (5) No person may act as an asbestos inspector unless the
person is licensed as an Asbestos Inspector by the Department
in accordance with the Asbestos Abatement Act and rules
promulgated under it.
    (6) No person may act as an air sampling professional
unless the person is licensed as an air sampling professional
by the Department in accordance with the Asbestos Abatement Act
and rules promulgated under it.
    (7) No person may act as a project manager unless the
person is licensed as a project manager by the Department in
accordance with the Asbestos Abatement Act and rules
promulgated under it.
    (8) No person may act as a management planner unless the
person is licensed as a management planner by the Department in
accordance with the Asbestos Abatement Act and rules
promulgated under it.
    (9) Beginning January 1, 2005, no person may act as an
asbestos consultant unless the person is licensed as a
consultant by the Department in accordance with this Act and
rules promulgated under it. The following are exempt from the
licensure requirement of this subsection:
        (A) An employee of a local education agency who is that
    local education agency's designated person.
        (B) An employee of a State agency while he or she is
    engaged in his or her professional duties for that State
    agency.
    (10) Individuals and entities that wish to be licensed
shall make application on forms prescribed and furnished by the
Department. Licenses shall expire annually according to a
schedule determined by the Department. Applications for
renewal of licenses shall be filed with the Department at least
30 days before the expiration date. When a licensure
examination is required, the license application shall be
submitted to the Department at least 30 days prior to the date
of the scheduled examination. The Department shall evaluate
each application based on its minimum standards for licensure,
promulgated as rules, and render a decision. Such standards may
include a requirement for the successful completion of a course
of training approved by the Department. If the Department
denies the application, the applicant may appeal the decision
under the provisions of the Administrative Review Law.
(Source: P.A. 89-143, eff. 7-14-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2004