TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.10 APPLICABILITY (REPEALED)
Section 845.10 Applicability (Repealed)
(Source:
Repealed at 43 Ill. Reg. 2440, effective February 8, 2019)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.15 INCORPORATED AND REFERENCED MATERIALS
Section 845.15 Incorporated and Referenced Materials
a) The following materials
are incorporated in this Part.
1) Federal
Regulations:
A) Lead
Standard: 29 CFR 1910.1025 and 29 CFR 1926.62, Occupational Safety and Health
Administration (OSHA) (2011)
B) Respiratory
Protection Standard: 29 CFR 1910.134, OSHA (2012)
C) Lead-Based
Paint Poisoning Prevention in Certain Residential Structures: 40 CFR 745, subparts
D, F and L, United States Environmental Protection Agency (USEPA) (2011)
D) Protection
of Identity − Research Subjects: 42 CFR 2a 4, Department of Health and
Human Services (2004)
E) Lead-Safe
Housing Rule: 24 CFR 35, Department of Housing and Urban Development (HUD)
(2004)
F) State
or Indian Tribal Lead-based Paint Compliance and Enforcement Programs; Flexible
Remedies: 40 CFR 745, subpart Q, part 327(b)(3), USEPA (2011)
2) Federal
Guidelines:
A) Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing,
Department of Housing and Urban Development (HUD) (2012)
Available from: Office of Lead
Hazard Control and Healthy Homes, HUD, Room 8236, 451 Seventh Street, SW,
Washington DC 20410
Also available
online at: https://www.hud.gov/program_offices/
healthy_homes/lbp/hudguidelines
B) Residential
Sampling for Lead: Protocols for Dust and Soil Sampling (USEPA report # EPA
747-R-95-001) (1995)
Available from:
Technical Programs Branch Chemical Management Division, Office of Pollution
Prevention and Toxics, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington
DC 20460
Also available
online at: http://www.epa.gov/sites/production/files/
2014-03/documents/2002quz.pdf
C) USEPA
Methodology for XRF Performance Characteristic Sheets (USEPA report # EPA
747-R-95-008) (1997)
Available from:
Technical Programs Branch Chemical
Management
Division, Office of Pollution Prevention and Toxics, U.S. Environmental
Protection Agency, 401 M Street, SW,
Washington
DC 20460
Also available
online at: http://www.epa.gov/sites/production/files/ documents/r95-008.pdf
D) Laboratory
Accreditation Guidelines; Measurement of Lead in Paint, Dust, and Soil (USEPA
report # EPA 747-R-92-001) (March 1992)
Available from:
Exposure Evaluation Division, TS-798, Office of Pollution Prevention and
Toxics, U.S. Environmental Protection Agency, 401 M Street, SW, Washington DC
20460
Also available
online at: http://www.epa.gov/sites/production/
files/documents/92-001.pdf
E) American
Water Works Association Illinois Section: A Guidance Document for Drinking
Water Testing (2017)
Available from: American Water
Works Association Illinois Section, 545 S. Randall Road, St. Charles IL 60174
Also available online at: http://c.ymcdn.com/sites/
www.isawwa.org/resource/collection/EFBDCA3F-9F6-4EA1-8A75-C74E82CA020D/Sampling_Drinking_Water_Guidance-rev2.pdf
b) All
incorporation by reference of federal regulations or guidelines refer to the
regulation or guideline on the date specified and do not include any subsequent
editions or amendments.
c) The
following State statutes and rules are referenced in this Part:
1) Lead
Poisoning Prevention Act [410 ILCS 45]
2) Code
of Civil Procedure [735 ILCS 5]
3) Communicable
Disease Report Act [745 ILCS 45]
4) Illinois
Clinical Laboratory and Blood Bank Act [210 ILCS 25]
5) Freedom
of Information Act [5 ILCS 140]
6) State
Records Act [5 ILCS 160]
7) Medical
Studies Act [735 ILCS 5/Art. VIII, Part 21]
8) Administrative
Review Law [735 ILCS 5/Art. III]
9) Rules
of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
10) Child
and Student Health Examination and Immunization Code (77 Ill. Adm. Code 665)
11) Laboratory
Service Fees (77 Ill. Adm. Code 475)
12) Illinois
Plumbing Code (77 Ill. Adm. Code 890)
13) Early
Intervention Services System Act [325 ILCS 20]
14) Healthy
Kids Program (89 Ill. Adm. Code 140.485)
d) The
following federal statute is referenced in this Part:
Toxic Substance Control Act
(TSCA) (15 USC 2685 405(b)), Standards for Environment Sampling Laboratories
e) The
following laboratory accreditation program is referenced in this Part: The
National Lead Laboratory Accreditation Program (NLLP), also available on line
at: https://www.epa.gov/lead/national-lead-laboratory-accreditation-program-nllap.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.20 DEFINITIONS
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.
"Case Management" means
any activity that involves coordinating, providing and overseeing the services
required to reduce blood lead levels.
"CDC" means the Centers
for Disease Control and Prevention.
"Child"
means a person under the age of 16.
"Child Care Facility
and School" means any structure used by a child care provider required
to be licensed by the Department of Children and Family Services or charter,
public or private school structure frequented by children 6 years of age or
younger. (Section 2 of the Act)
"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. (Section 2 of the Act)
"Common Area" means a
portion of a regulated facility that is generally accessible to all occupants,
including, but not limited to, hallways, stairways, laundry rooms, playgrounds,
garages, and boundary fences.
"Complete Address" means
an address that states the full street name, street number, unit number, city,
state and zip code. A post office box number with city, state and zip code
does not constitute a "complete address".
"Confirmed Blood Lead Level"
means a blood lead level resulting from a single venous blood lead test.
Elevated capillary blood test results shall be confirmed by a venous test.
"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 Public Health. (Section 2 of the Act)
"Dwelling Unit" means
an individual unit within a residential building used or intended to
be used as living quarters for one household. (Section 2 of the Act)
"Elevated Blood Lead Level"
or "EBL" means a blood lead level greater than or equal to 3.5
micrograms per deciliter (µg/dL) of whole blood. For purposes of this
definition, the EBL shall remain equal to or greater than 5 micrograms per
deciliter (µg/dL) of whole blood through December 31, 2024 and the EBL shall be
equal to or greater than 3.5 micrograms per deciliter (µg/dL) of whole blood
effective January 1, 2025.
"EBL Inspection" means a
lead inspection, lead risk assessment, and any necessary follow-up in a
regulated facility to determine the sources of lead exposure. EBL inspections
shall only be performed by the Department or delegate agency personnel licensed
as a lead risk assessor.
"Final Clearance Evaluation"
means the activity of performing a visual assessment and collecting dust wipe
samples following a lead abatement or lead mitigation for the purpose of
determining compliance with the Department's standard for lead dust levels to
ensure that lead hazard control work was successfully completed.
"Health Care Provider"
means any person providing health care services to children, including, but not
limited to, anyone who is authorized pursuant to the Illinois Clinical
Laboratory and Blood Bank Act [210 ILCS 25] to request the testing of specimens.
"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.
"HUD" means United States
Department of Housing and Urban Development.
"Intact Surface" means a
surface with no loose, peeling, chipping, flaking, or otherwise separating from
substrate. Intact surfaces must not be damaged or worn down in any way that
would make paint or debris accessible to children.
"Lead Abatement"
means any approved work practices found in Subpart F that will
permanently eliminate lead exposure or remove the lead-bearing substances in a
regulated facility. (Section 2 of the Act)
"Lead Abatement Contractor"
means any person or entity licensed by the Department to perform lead abatement
and mitigation. (Section 2 of the Act)
"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. (Section 2 of the Act)
"Lead Abatement Worker"
means any person employed by a lead abatement contractor and licensed by the
Department to perform lead abatement and lead mitigation. (Section 2
of the Act)
"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. (Section 2 of the Act)
"Lead Bearing Substance"
means any item or part of an item, excluding existing paint already applied
to a regulated facility, containing or coated with lead such that the lead
content is greater than or equal to 90 ppm; or any dust on surfaces or
in furniture or other non-permanent elements of the regulated facility with
lead content in excess of the limits specified in Section 845.205(c); or any accessible
or bare soil containing lead in excess of the limits specified in Section
845.205(b); or any existing house paint or other surface coating material
containing greater than or equal to 0.5% lead or greater than or
equal to 1.0 mg/cm2 lead; or paint or consumer product that exceeds
federal Consumer Products Safety Commission or USEPA or HUD standards; 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 rule. "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 includes a condition in which exposure to lead from
lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint,
or lead in water from a plumbing system would have an adverse effect on human
health.
"Lead Inspection" means
a surface-by-surface investigation to determine the presence of lead-based
paint and lead-bearing substances. (Section 2 of the Act)
"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 final
clearance evaluations and compliance investigations. (Section 2 of the
Act)
"Lead Mitigation"
means the remediation of a lead hazard so that a lead-bearing substance does
not pose an immediate health hazard to humans. (Section 2 of the Act)
"Lead Poisoning"
means the condition of having an EBL. (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 and all lead sampling associated with final
clearance evaluations. (Section 2 of the Act)
"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 and water; and to conduct compliance investigations and
final clearance evaluations. (Section 2 of the Act)
"Lead Training Program Provider"
means any person providing Department-approved lead training in Illinois to
individuals seeking licensure in accordance with the Act and this
Part. (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.
"Owner"
means any person who alone, jointly, or severally with others:
Has legal title to any regulated
facility, with or without actual possession of the regulated facility; or
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. (Section 2
of the Act)
"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. (Section 2 of the Act)
"Prenatal-risk Evaluation for
Lead Exposure" means the questionnaire developed by the Department for use
by physicians and other health care providers to determine if a pregnant person
is at risk for lead exposure and should be administered a blood lead test.
"Regulated Facility"
means a residential building or child care facility or school. (Section 2
of the Act)
"Regulatory
Investigation" means the activities of the Department or delegate agency
to determine compliance with the Act and this Part, including, but not limited
to, records review of licensed lead risk assessor or lead inspector reports,
visual inspection and records review of a lead abatement contractor's work
practices at a lead abatement or lead mitigation project, and assessment of
penalties for non-compliance when warranted.
"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 regulated facility, such as a room, a house exterior,
a foyer, a staircase, a hallway or an exterior area.
"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, or
hands-on experience.
"USEPA" means the United
States Environmental Protection Agency.
"Window Stool" means the
lower part of the window's shelf-like portion of the frame, inside the house,
that is flat and extends inward from the bottom rail of a sash (sometimes
called a "window sill").
"Work Area" means the
interior and exterior areas where lead mitigation or lead abatement are
conducted.
"XRF" means X-ray
fluorescence analyzer used to measure lead in soil, dust and paint samples.
(Source: Amended at 48 Ill. Reg. 12384,
effective August 5, 2024)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.25 DISCLOSURE REQUIREMENTS
Section 845.25 Disclosure Requirements
a) An
owner of a regulated facility who has received a mitigation notice under
Section 9 of the Act shall, before entering into a lease or purchase agreement
for the regulated facility for which the mitigation notice was issued, provide
prospective lessees or purchasers of that unit with written notice that a lead
hazard has previously been identified in the regulated facility. An owner may
satisfy this notice requirement by providing the prospective lessee or
purchaser with a copy of the inspection report, mitigation notice and
subsequent certificate of compliance prepared pursuant to Section 9 of the Act.
b) Before
entering into a residential lease or purchase agreement, all owners of
regulated facilities built before 1978 shall inform prospective lessees or
purchasers of the potential health hazards posed by lead by providing the
prospective lessee or purchaser with a copy of an informational brochure on
lead poisoning. The disclosure and informational brochure shall be consistent
with the requirements set forth in 40 CFR 745, subpart F (Disclosure of Known
Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of
Residential Property).
c) No
more than 60 days before beginning lead mitigation or lead abatement in any
regulated facility, a lead abatement contractor shall, at a minimum:
1) Provide
the owner with the pamphlet as required in subsection (b) of this Section, and
comply with one of the following:
A) Obtain
from the owner a written acknowledgment that the owner has received the pamphlet;
or
B) Obtain
a certificate of mailing from the United States Postal Service (USPS) at least 7
days prior to beginning the lead mitigation or lead abatement; and
2) Provide
the tenant with the pamphlet required in subsection (b) of this Section and comply
with subsections (c)(1)(A) and (B) of this Section, or:
A) Obtain
from the tenant a written acknowledgment that the tenant has received the
pamphlet. If the lead abatement contractor cannot get written acknowledgment
from the tenant, the lead abatement contractor shall document the attempts and
the reason why the acknowledgment was not obtained (i.e., tenant refused, no
tenant available); or
B) Obtain
a certificate of mailing from the USPS at least 7 days prior to beginning the lead
mitigation or lead abatement.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
SUBPART B: DEPARTMENT AND DELEGATE AGENCY ACTIVITIES
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.50 APPROVAL OF UNITS OF LOCAL GOVERNMENT OR HEALTH DEPARTMENTS AS DELEGATE
Section 845.50 Approval of Units of Local
Government or Health Departments as Delegate
Agencies to Administer and Enforce the Act
a) The
Department may approve units of local government or health departments as
delegate agencies to administer and enforce the Act in accordance with
individually negotiated delegate agency agreements. No unit of local
government or health department shall be approved for this purpose except upon
request. Approval shall be rescinded in the event that the delegate agency
agreement is subsequently violated. Rescission shall become effective 30 days
after the Department serves written notice on the unit of local government or
local health department of the Department's intention to rescind approval.
b) The
Department shall approve units of local government or local health departments
as delegate agencies that enter into written cooperative agreements with the
Department to conduct the activities specified in this Subpart B. The delegate
agency shall provide information to the Department on any environmental
inspection completed for identified cases and on remediation action taken.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.55 LEAD TESTING
Section 845.55 Lead Testing
a) Any
physician licensed to practice medicine in all its branches or health care
provider who sees or treats children 6 years of age or younger shall test those
children for lead poisoning when those children reside in or frequently
visit an area defined as high risk by the Department. Children
residing in areas defined as low risk by the Department shall be evaluated for
risk by the Childhood Lead Risk Questionnaire developed by the Department, and,
if determined to be a high risk, shall receive a blood lead test. (Section
6.2 of the Act) Medicaid enrolled children shall receive a blood test as
required in the Healthy Kids' Early and Periodic Screening, Diagnosis and Treatment
Program. Children who have elevated capillary results of 3.5 µg/dL or greater (on
or after January 1, 2025, or 5 µg/dL through December 31, 2024) shall be
confirmed by a venous sample. All children with an elevated blood lead level
that has been confirmed shall receive follow-up blood lead testing according to
the schedule set forth by the Department.
1) Children
determined to be at high risk based upon the Childhood Lead Risk Questionnaire
shall receive a blood lead test.
2) Children
who have elevated capillary results of 3.5 µg/dL or greater (on or after
January 1, 2025, or 5 µg/dL through December 31, 2024) shall be confirmed by a
venous sample.
b) Each
licensed, registered, or approved health care facility serving children 6 years
of age or younger, including, but not limited to, health departments,
hospitals, clinics, and health maintenance organizations approved, registered
or licensed by the Department, shall take the appropriate steps to ensure that children
6 years of age or younger be evaluated for risk or tested for lead poisoning or
both. (Section 6.2 of the Act)
c) Physicians
and health care providers should evaluate children 7 years of age and older,
and pregnant persons, in accordance with the Childhood Lead Risk Questionnaire and
Prenatal-risk Evaluation of Lead Exposure provided by the Department.
d) Each
day care center, day care home, preschool, nursery school, kindergarten, or other
child care facility, licensed or approved by the State, including programs
operated by a public school district, shall include a requirement that each
parent or legal guardian of a child between one and 7 years of age provide a
statement from a physician or health care provider that the child has been
screened for risk of lead poisoning, or tested, or both. This statement
shall be provided prior to admission and subsequently in conjunction with physical
examinations required by both the Healthy Kids Program and 77 Ill. Adm. Code
665.140 of the Department's rules titled Child and Student Health Examination and
Immunization Code. (Section 7.1 of the Act) Day care centers and day care
homes licensed by the Department of Children and Family Services must also be
in compliance with the drinking water standards found in 89 Ill. Adm. Code
406.8, 407.370 and 408.30.
e) Child
care facilities that participate in the Illinois Child Care Assistance Program
(CCAP) shall annually send or deliver to the parents or guardians of children
enrolled in the facility's care an informational pamphlet regarding awareness
of lead exposure. Pamphlets shall be produced and made available by the
Department and shall be downloadable from the Department's internet website. (Section
7.1 of the Act)
(Source:
Amended at 48 Ill. Reg. 12384, effective August 5, 2024)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.60 REPORTING
Section 845.60 Reporting
a) Every
physician who diagnoses, or health care provider, nurse, hospital
administrator, public health officer or director of a clinical laboratory who
has verified information of the existence of a blood lead test result for any
child or pregnant person, shall report the result to the Department.
(Section 7 of the Act) If the analysis has been performed at the Department
laboratory, or the provider has ascertained that the clinical laboratory where
specimens are processed electronically reports all blood lead level results to
the Department, then duplicate reporting is not required. Any blood lead test
results of 3.5 µg/dL or greater (on or after January 1, 2025, or 5 µg/dL
through December 31, 2024) shall be reported to the Department within 48 hours
after analysis. All other verified blood lead test results shall be reported to
the Department no later than 30 days following the last day of the month in
which the test results were analyzed. The information included in the
laboratory report on all blood lead test results shall include the blood lead
level, the child's or pregnant person's name, date of birth, sex and race,
complete address (including street, apartment number, city, state and ZIP
code), date of test, test type, date of report, primary care provider and
clinic address where blood was drawn, Medicaid identification number (if
applicable), and the reporting agency. All reports submitted shall identify
blood lead test results quantitatively. These requirements shall be the same
for all health care providers, hospital administrators and public health
officers conducting a blood lead test by venous or capillary blood draw.
b) Reports
shall be made to the Department, and all reported information, including the
source of the information, received by the Department shall be considered
confidential in nature. Any information submitted to a laboratory at the
request of the Department and in accordance with this Part shall be treated as
confidential by the laboratory that receives the information on behalf of and
as required by the Department. All reports and information provided under this
Section shall be confidential and subject to the provisions of the Medical
Studies Act and the Communicable Disease Report Act, and shall not be disclosed.
It is the right, however, of any patient to obtain his or her own data.
c) Reports
shall be submitted in a format approved by the Department.
(Source:
Amended at 48 Ill. Reg. 12384, effective August 5, 2024)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.65 PROVISION OF DATA
Section 845.65 Provision of Data
a) Only
aggregated medical data from which it is impossible to identify any patient,
reporting entity, or primary caregiver, shall be made available via an annual
lead poisoning surveillance report drafted by the Department.
b) All
requests by researchers for confidential data shall be submitted in writing to
the Department. The request shall include a study protocol that contains:
objectives of the research; rationale for the research, including scientific
literature justifying the current proposal; overall study methods, including
copies of forms, questionnaires, and consent forms used to contact facilities,
physicians or study subjects; methods for documenting compliance with
Department of Health and Human Services − Protection of Identity –
Research Subjects; 42 CFR 2a.4(a) through (j), 2a.6(a) and (b), 2a.7(a) and
(b)(1); methods for processing data; storage and security measures taken to
ensure confidentiality of patient identifying information; time frame of the
study; a description of the funding source of the study (e.g., federal
contract); the curriculum vitae of the principal investigator; and a list of
collaborators. In addition, the research request must specify what patient
identifying information is needed and how the information will be used.
Identifying information is defined as any information, collection, or groups of
data from which the identity of the patient or reporting entity to which it
relates may be discerned, e.g., name, address or ID number.
c) Upon
request, the Department shall disclose individual patient or reporting entity
information to the reporting entity that originally supplied that information
to the Department.
d) By
written reciprocating agreement, the Department may disclose individual patient
information concerning residents of another state to the Childhood Lead
Poisoning Prevention Program in the individual's state of residence only if the
recipient of the information is legally required to hold the information in
confidence and provides protection from disclosure of patient identifying
information equivalent to the protection afforded by the Medical Studies Act.
e) The
identity of any person (or any group of facts that tends to lead to the
identity of any person) whose blood test result is submitted to the Illinois
Childhood Lead Poisoning Prevention Program is confidential and shall not be
open to public inspection or dissemination. This information shall not be
available for disclosure, inspection or copying under the Freedom of
Information Act or the State Records Act. All information for specific
research purposes may be released in accordance with procedures established by
the Department in this Section.
f) The
patient identifying information submitted to the Department by those entities
required to submit information under the Act and this Part is to be used in the
course of medical study under the Medical Studies Act and is privileged from
disclosure by the Medical Studies Act.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.70 LABORATORY FEES FOR BLOOD LEAD TESTING
Section 845.70 Laboratory Fees for Blood Lead Testing
a) The
fee schedule for a sample of blood submitted to the Department for blood lead
analysis and necessary follow-up by the Department shall be in accordance with
the Laboratory Service Fees. The fee shall be assessed to the provider who
submits the sample. Statements of fee assessment shall be mailed to the
submitter of the specimens on a monthly basis. Payment and/or appropriate
information as required in subsections (b) and (c) shall be submitted to the
Department upon receipt of the monthly statement.
b) The
Medicaid Recipient Identification Number may be provided for Medicaid eligible
recipients in lieu of payment.
c) Medically
indigent recipients shall be those recipients with family incomes under 185% of
the federal poverty guidelines, not eligible for Medicaid, and screened by
local health departments, WIC Clinics, Rural Health Clinics, Federally
Qualified Health Centers and facilities designated by the Department of Health
and Human Services as look-alike Federally Qualified Health Centers. No fee
shall be charged for these recipients.
d) Fees
collected from the Department's testing service will be placed in the Lead
Poisoning Screening, Prevention and Abatement Fund.
(Source: Amended
at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.75 REQUIREMENTS FOR LICENSING OF DEPARTMENT AND DELEGATE AGENCY PERSONNEL
Section 845.75 Requirements for Licensing of Department
and Delegate Agency Personnel
a) Any
Department or delegate agency personnel who conduct lead inspections, lead risk
assessments, regulatory investigations, final clearance evaluations, or any
combination of these services in a regulated facility shall comply with the
following:
1) Complete
the required training outlined in Subpart C of this Part; and
2) Complete
and pass the appropriate third party examination as required in Subpart C.
b) Employees
of the Department, a delegate agency, or a local health department shall be
exempt from licensure fees and third party examination fees required by Subpart
C when those employees' licenses are used only for purposes related to
employment at the above-mentioned agencies.
1) Licenses
issued pursuant to this Section shall be specifically noted as Health
Department Employee (HDE) licenses.
2) The
HDE license shall not allow the licensed individual to provide private lead inspection,
lead risk assessment, or final clearance evaluation services for personal
profit.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.80 CASE MANAGEMENT
Section 845.80 Case Management
a) Case
management services shall be provided by the Department or a delegate agency
when a confirmed EBL is indicated.
1) Interviews
shall be conducted with the pregnant person, parent or guardian or with attending
physicians as needed to assure the accuracy and completeness of reports and to
perform the activities of case follow-up for confirmed EBLs.
2) The
following activities shall be conducted and documented concerning patient or
case follow-up:
A) Track
the case using the Department's surveillance database;
B) Counsel
the pregnant person, parent or guardian of the case;
C) Educate
the pregnant person, parent or guardian of the case;
D) Conduct
a home visit to interview the pregnant person, parent or guardian of the case
for purposes of collecting, verifying and completing the Prenatal Risk
Evaluation for Lead Exposure form provided by the Department;
E) Refer
the pregnant person, parent or guardian of the case for medical treatment,
early intervention services, or early childhood special education, when
appropriate; and
F) Submit
completed reports to the Department as specified in the agreement between the
delegate agency and the Department.
b) Any
delegate agency may establish fees, according to a reasonable fee structure,
to be determined by the delegate agency, to cover the costs of drawing blood
for blood lead testing and evaluation and any necessary follow-up. (Section
7.2 of the Act) Necessary follow-up includes individual case management and
environmental inspection. In accordance with federal regulations, fees may not
be charged to Medicaid recipients.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.85 ENVIRONMENTAL FOLLOW-UP
Section 845.85 Environmental Follow-Up
a) Environmental
Investigation of Regulated Facilities
1) An
EBL inspection to determine the source of lead exposure shall be conducted
under any of the following circumstances:
A) If a
child or pregnant person who is an occupant or frequent visitor of a regtulated
facility has an EBL;
B) If a
child or pregnant person has a confirmed EBL;
C) If
a regulated facility is occupied or frequently visited by a child or
a pregnant person, the Department, in addition to all other requirements
of the Act, must inspect the dwelling unit of the child and common area of the
regulated facility. (Section 8 of the Act)
D) At the
request of a pregnant person or parent or guardian of a child, if they reside
in a residential building where mitigation notices have been issued for two or
more dwelling units within a five year period previous to the request.
2) An EBL
inspection of a regulated facility to determine the source of lead poisoning as
required by this Section shall be conducted and shall consist of at least the
following:
A) An
interview with the owner or occupant about regulated facility use patterns and
potential lead hazards, including, but not limited to, inquiries such as:
i) Glazed
pottery;
ii) Ethnic
or folk medicines;
iii) Hobbies
and occupation;
iv) Other
regulated facilities visited by the child or pregnant person;
v) International
travel;
vi) Recent
renovations;
vii) Products
recalled for containing lead or other products that may contain lead, such as
imported jewelry, toys and candies; and
viii) the
plumbing materials used in the regulated facility.
B) A
visual assessment of the condition of the building, appurtenant structures and
painted surfaces, and identification of premise plumbing, any drinking
fountains and premise service line; and
C) Environmental
sampling in accordance with subsection (a)(3).
3) Sampling
shall be conducted by as many of the following methods as necessary to
determine if lead hazards are present in the regulated facility:
A) XRF
Testing. XRF equipment shall be operated in accordance with work practice
standards incorporated in Section 845.15 and the manufacturer's operational
manual. Surfaces sampled with XRF readings equal to or greater than the levels
specified in Section 845.205 are considered to be lead-bearing substances.
B) Dust Wipe
Sampling. Dust wipe samples shall be collected in accordance with documented
methodologies incorporated in Section 845.15. Dust samples collected with
laboratory analysis reported as equal to or greater than the levels referenced
in Section 845.205 are considered lead hazards.
C) Paint Chip
Sampling. Paint chip samples shall be collected in accordance with documented
methodologies incorporated in Section 845.15. Surfaces where paint chip
samples are collected with analysis reported as equal to or greater than the
levels referenced in Section 845.205 are considered to be lead-bearing
substances.
D) Soil Sampling.
Soil samples shall be collected where bare, accessible soil is identified. If
collected, soil samples shall be collected in accordance with documented
methodologies incorporatedin Section 845.15. Soil samples with laboratory
analysis reported as equal to or greater than the levels referenced in Section
845.205 are considered lead hazards.
E) Water Sampling.
Water samples shall be collected in accordance with documented methodologies incorporated
in Section 845.15. Water samples with laboratory analysis reported as equal to
or greater than the levels referenced in Section 845.205 are considered lead
hazards.
4) All
environmental samples, excluding XRF sampling, shall be submitted to and
analyzed by a laboratory accredited by the National Lead Laboratory
Accreditation Program (NLLAP); water samples shall be submitted to and analyzed
by a laboratory accredited by the National Environmental Laboratory
Accreditation Program (NELAP).
5) Following
the EBL inspection, the Department or its delegate agency shall:
A) Prepare
an inspection report that shall:
i) State
the address of the dwelling unit or regulated facility;
ii) Describe
the scope of the inspection, the inspection procedures used, and the method of
ascertaining the existence of a lead-bearing substance in the dwelling unit
or regulated facility;
iii) State
whether any lead-bearing substances were found in the dwelling unit or
regulated facility;
iv) Describe
the nature, extent, and location of any lead-bearing substance that is found;
v) State
either that a lead hazard does exist or that a lead hazard does not exist. If
a lead hazard does exist, the report shall describe the source, nature
and location of the lead hazard. The existence of intact lead paint does not
alone constitute a lead hazard for the purposes of this Section; and
vi) Give
the name of the person who conducted the inspection and the person to contact
for further information regarding the inspection and the requirements of the
Act and this Part. (Section 8(1) of the Act)
B) Provide
a copy of the inspection report to the property owner and to the occupants of
the dwelling unit or regulated facility. If a lead-bearing substance is
found, at the time of providing a copy of the inspection report, the Department
or its delegate agency shall attach a brochure containing information on
lead abatement and lead mitigation to the copy of the inspection report
provided to the property owner and the occupants of the regulated facility. (Section
8(2) of the Act) The brochure should include the topic of lead in water and
ways to mitigate this potential exposure path.
C) If
the inspection report identifies a lead hazard, the Department or delegate
agency shall serve a mitigation notice on the property owner that the owner is
required to mitigate the lead hazard and shall indicate the time period specified
in the Act in which the owner must complete the mitigation. The notice
shall include information describing mitigation activities that meet the
requirements of the Act and this Part. (Section 9(1) of the Act) The
notice shall include information on mitigating the potential risks of lead in
drinking water, such as replacing the lead water service line and older water
fountains containing lead if found during facility lead abatement work. Partial
replacement of the lead service line is prohibited.
D) If the
source of the lead hazard identified in the inspection report is lead-based
paint or any other lead-bearing substance, the lead hazard shall be deemed
to have been mitigated if:
i) The
surface identified as the source of the lead hazard is no longer in a condition
that produces a hazardous level of lead chips, flakes, dust, soil or any
other form of lead-bearing substance that can be ingested or inhaled by humans;
ii) The
surface identified as the source of the lead hazard is no longer accessible to
children and could not reasonably be chewed on by children; or
iii) The
surface coating identified as the source of the lead hazard is either removed
or covered (enclosed or encapsulated), or child access to the
lead-bearing surface is otherwise prevented as prescribed by the Department.
(Section 9(2) of the Act)
E) When
a mitigation notice is issued for a dwelling unit or regulated facility
inspected as a result of an elevated blood lead level in a pregnant person or a
child, or if the dwelling unit or regulated facility is occupied by a
child 6 years of age or younger or a pregnant person, the owner shall mitigate
the hazard within 30 days after receiving the notice. When no such child
or pregnant person occupies the dwelling unit or regulated facility, the
owner shall complete the mitigation within 90 days. (Section 9(5) of the
Act)
F) An
owner may apply to the Department or its delegate agency for an extension of
the deadline for mitigation. If the Department or its delegate agency determines
that the owner is making substantial progress toward mitigation, or that the
failure to meet the deadline is the result of a shortage of licensed lead
abatement contractors, or that the failure to meet the deadline is because the
owner is awaiting the review and approval of a mitigation plan, the Department
or delegate agency may grant an extension of the deadline. (Section 9(6)
of the Act)
G) The
Department or its delegate agency may, after the deadline set for completion of
mitigation, conduct a follow-up inspection of any dwelling unit or
regulated facility for which a mitigation notice was issued for the purpose
of determining whether the mitigation actions required have been completed and
whether the activities have sufficiently mitigated the lead hazard. The
Department or its delegate agency may conduct a follow-up inspection upon the
request of an owner or resident. If, upon completing the follow-up inspection,
the Department or its delegate agency finds that the lead hazard for which the
mitigation notice was issued is not mitigated, the Department or its delegate
agency shall serve the owner with notice of the deficiency and a mitigation
order. The order shall indicate the specific actions the owner must take to
comply with the mitigation requirements of the Act, which may include lead abatement
if lead abatement is the sole means by which the lead hazard can be mitigated.
The order shall also include the date by which the mitigation shall be
completed. If, upon completing the follow-up inspection, the Department or
delegate agency finds that the mitigation requirements of the Act have been
satisfied, the Department or delegate agency shall provide the owner with a
certificate of compliance stating that the required mitigation has been
accomplished. (Section 9(7) of the Act)
b) Lead
mitigation or lead abatement activities in regulated facilities shall not
result in contamination of areas outside of the lead mitigation or lead abatement
work area. The removal of lead-bearing substances from regulated facilities
shall be conducted in a manner that will not endanger the health or well-being
of occupants and will result in the safe removal of lead-bearing substances
from the work area and the safe disposal of flakes, chips, debris, dust, and
other lead-bearing substances. Lead mitigation or lead abatement shall be
completed within the time specified after receipt of written notification.
Lead mitigation or lead abatement activities required by this Section may be
conducted using any or all of the procedures outlined in Subpart F.
1) A
mitigation plan shall be submitted by the owner or its agent to the Department
or delegate agency, specifying the method or methods by which surfaces that will
be managed in place are to be maintained in an intact condition. The plan
shall include an inspection schedule that includes inspection by the owner or
its agent at least annually, and a maintenance schedule. Any surfaces that are
not intact, as determined through an inspection, shall be repaired using the
mitigation techniques specified in this Section until deemed to be intact
surfaces by the lead risk assessor. Replacement of lead-containing plumbing
and water fixtures containing lead components or linings shall be conducted by
a licensed plumber and reviewed by a licensed plumbing inspector.
2) Alternative
Procedures
A) When
an occupant also owns the regulated facility subject to a mitigation notice,
the Department or delegate agency may allow an alternative procedure for lead
abatement, lead mitigation, containment or cleanup of a lead paint hazard,
provided that the owner submits to the Department or delegate agency a written
description of the alternative procedure that demonstrates to the satisfaction
of the Department or delegate agency that the proposed alternative procedure
provides a level of abatement and safety at least equivalent to the
requirements of this Section.
B) In all
cases in which the Department or delegate agency allows the use of an
alternative procedure, the owner and occupant shall, for a one-year period
after completion of the lead abatement or lead mitigation project, permit the
Department or delegate agency to enter and inspect the area of abatement for
the purpose of determining the effectiveness and durability of the allowed
alternative procedure.
c) Notwithstanding
any other provision of this Part, lead abatement or lead mitigation is not
required when the property owner enters into a stipulation with the Department
that will protect children and pregnant persons from exposure to lead-bearing
substances. The stipulation shall be by written agreement, and shall provide
that any violation of the agreement shall cause the immediate issuance of a
mitigation order. Examples of conditions that may be included in a stipulation
entered into by the property owners and the Department are as follows:
1) The
property shall be demolished; or
2) The
property shall be vacated.
(Source: Amended at 43 Ill. Reg. 2440,
effective February 8, 2019)
SUBPART C: TRAINING COURSE APPROVAL AND LICENSING OF INDIVIDUALS AND FIRMS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.100 APPROVAL OF LEAD TRAINING PROGRAM PROVIDERS
Section 845.100 Approval of Lead Training Program
Providers
a) Any
firm providing lead training in Illinois to individuals seeking certification
and licensure in accordance with the Act and this Part, and requirements
outlined in USEPA regulations (40 CFR 745), is required to be approved in
accordance with the Act and this Part.
1) A
person seeking approval as a lead training program provider shall submit a
completed written application to the Department containing the following
information:
A) The lead
training program provider's name, address, fax number, e-mail address, website,
social media site and telephone number;
B) A list
of courses for which approval is sought, including the requirements for each
course as specified in Section 845.105;
C) A
statement signed by the program training manager certifying that the lead training
program meets all of the requirements established in this Section;
D) A copy
of the student and instructor manuals to be used for each course;
E) A copy
of the agenda for each course;
F) A
description of the facilities and equipment to be used for lecture and hands-on
training;
G) A
description of the examination for each discipline indicating the percentage of
examination questions relating to each course objective;
H) The
final examination for each course, the answer key for the examination and the
criteria for pass/fail (at least 70% correct to pass);
I) An
example of the certificate of course completion, which shall include:
i) Student
name;
ii) An
identification number unique to each student;
iii) The
course name;
iv) Dates
of the course;
v) Exam
date;
vi) Name,
address and telephone number of the lead training program provider;
vii) A
statement that the course is approved by the Department, including the lead
training program provider number designated by the Department;
viii) A
statement that the student has completed the course and passed the course
examination;
ix) Signature
of the training manager; and
x) Training
certificate expiration date;
J) A
description of the activities and procedures that will be used for conducting
and assessing hands-on skills requirements;
K) A
quality control plan, which shall include:
i) Procedures
for periodic revision of training materials and the course examination to
reflect innovations in the lead industry;
ii) Procedures
for the training manager's annual review of principal instructors' and guest
instructors' competencies;
iii) Procedures
and protocols for re-administration of course exam in case of student failure;
and
iv) An instructor-to-student
ratio no greater than 1:30 for lecture portions and 1:15 for hands-on portions;
L) The
name of the training manager employed by the lead training program provider,
with supporting qualifications as required by subsection (b); and
M) The
name of the principal instructor employed by the lead training program provider
for each discipline, with supporting qualifications as required by subsection
(c).
b) The lead
training program provider shall employ a training manager with the following
minimum requirements and responsibilities.
1) Requirements
A) A
resume or letters of reference documenting at least 2 years of experience,
education or training in teaching adults; and
B) Education
and/or work experience equivalent to the following:
i) A
bachelor's degree or higher degree in building construction technology,
engineering, industrial hygiene, safety, public health, education, business
administration or program management or a related field; or
ii) A
resume or letters of reference documenting at least 2 years of experience in
managing a training program specializing in environmental hazards, and
experience, education or training in lead or asbestos abatement, construction,
painting, carpentry, renovation, remodeling, occupational safety and health, or
industrial hygiene.
2) Responsibilities
A) Ensuring
that the lead training program provider complies at all times with the
requirements of this Part;
B) All
formal correspondence, such as training course certificates, approval requests
and renewal applications;
C) Maintaining
lead training program provider records and making those records available to
the Department, as specified in this Section;
D) Designating
a qualified principal instructor for each discipline, as required by subsection
(c); and
E) Designating
guest instructors as needed to provide instruction specific to the lecture,
hands-on activities, or work practice components of a course.
c) The lead
training program provider shall employ a principal instructor for each
discipline, with the following minimum requirements and responsibilities:
1) A
resume or letters of reference documenting at least 2 years of demonstrated
experience, education or training in teaching workers or adults; and
2) A
current Department-approved training course certificate for the lead
disciplines for which he or she is designated as principal instructor. A
current lead abatement supervisor certificate meets the requirement for
instruction of all lead abatement supervisor and lead abatement worker courses.
A current lead risk assessor certificate meets the requirement for instruction
of all lead risk assessor and lead inspector courses.
d) The
principal instructor shall be responsible for the organization of the course and
oversight of the teaching of all course material.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.105 LEAD TRAINING COURSE APPROVAL REQUIREMENTS
Section 845.105 Lead Training Course Approval
Requirements
a) To
obtain approval for a lead inspector training course, a lead training program
provider shall submit information to confirm that the program provides:
1) A
minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on
activities. The course topic requirements shall include the following
(requirements ending in an asterisk (*) require lecture and hands-on
activities):
A) Role
and responsibilities of a lead inspector;
B) Information
on lead and the adverse health effects of lead exposure;
C) Information
on federal, State and local rules and guidance pertaining to lead-based paint
and lead-based paint activities;
D) Lead-based
paint inspection methods, including selection of rooms and components for
sampling or testing;*
E) Paint,
dust, water and soil sampling methodologies;*
F) Final
clearance evaluation standards and testing, including random sampling;*
G) Preparation
of the final lead inspection report;* and
H) Record
keeping.
2) The
one-day (8-hour) lead inspector refresher course content shall be the same as
the course content specified in subsection (a)(1) of this Section, and any
current safety practices, new laws and rules, and current technologies relating
to lead in drinking water and lead-based paint activities. Requirements ending
in an asterisk indicate areas that require refresher hands-on activities.
b) To
obtain approval for a lead risk assessor training course, a lead training
program provider shall submit information to confirm that the course provides:
1) A
minimum of 16 training hours, with a minimum of 4 hours devoted to hands-on activities.
The course topic requirements shall include the following (requirements ending
in an asterisk require lecture and hands-on activities):
A) Assurance
to the Department that a lead inspector training course certificate of
completion is required of each applicant as a prerequisite for lead risk
assessor training course attendance;
B) Role
and responsibilities of the lead risk assessor;
C) Collection
of necessary building information required to perform a lead risk assessment;
D) Sources
of environmental lead contamination (paint, surface dust and soil, water, air,
packaging and food);
E) Visual
inspection procedures for the purpose of identifying potential sources of lead-based
paint and lead in drinking water hazards;*
F) Sampling
for sources of lead exposure;*
G) Interpretation
of lead-based paint and other lead sampling results, including all applicable State
and federal guidance pertaining to lead-based paint hazards (i.e., federal
statutes and rules);*
H) Development
of lead hazard-control options, the role of interim controls, and operations
and maintenance activities to reduce lead-based paint hazards; and
I) Preparation
of a final lead risk assessment report.
2) The
one-day (8-hour) lead risk assessor refresher course content shall be the same
as the course content specified in subsection (b)(1), and any current safety
practices, new laws and rules, and current technologies relating to lead in
drinking water and lead-based paint activities. Requirements ending in an asterisk
indicate areas that require refresher hands-on activities.
c) To
obtain approval for a lead abatement worker training course, a lead training
program provider shall submit information to confirm that the course provides:
1) A
minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on
activities. The course topic requirements shall include the following
(requirements ending in an asterisk require lecture and hands-on activities):
A) Role
and responsibilities of a lead abatement worker;
B) Information
on lead and the adverse health effects of lead exposure;
C) Information
on federal, State and local rules and guidance that pertain to lead-based paint
abatement;
D) Lead-based
paint hazard recognition and control;*
E) Lead-based
paint abatement and lead-based paint hazard reduction methods, including
restricted practices;*
F) Interior
dust abatement or cleanup methods;*
G) Soil
and exterior dust abatement methods;* and
H) Respiratory
protection, including review of the OSHA Lead Standard.
2) The
one-day (8-hour) lead abatement worker refresher course content shall be the
same as the course content specified in subsection (c)(1), and any current
safety practices, new laws and rules, and current technologies relating to
lead-based paint activities. Requirements ending in an asterisk indicate areas
that require refresher hands-on activities.
d) To
obtain approval for a lead abatement supervisor training course, a lead
training program provider shall submit information to confirm that the course
provides:
1) A
minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on
activities. The course topic requirements shall include the following
(requirements ending in an asterisk require lecture and hands-on activities):
A) Role
and responsibilities of a lead abatement supervisor;
B) Information
on lead and the adverse health effects of lead exposure;
C) Information
on federal, State and local rules and guidance that pertain to lead-based paint
abatement;
D) Liability
and insurance issues relating to lead-based paint abatement;
E) Lead
risk assessment and lead inspection report interpretation;*
F) Development
and implementation of an occupant protection plan and lead abatement report;
G) Lead-based
paint hazard recognition and control;*
H) Lead-based
paint abatement and lead-based paint hazard reduction methods, including
restricted practices;*
I) Interior
dust abatement or cleanup methods;*
J) Soil
and exterior dust abatement methods;*
K) Final
clearance evaluation standards and testing;
L) Cleanup
and waste disposal;
M) Record
keeping;
N) Integration
of lead-based paint abatement methods with modernization and rehabilitation
projects for large scale abatement projects; and
O) Respiratory
protection, including review of the OSHA Lead Standard.
2) The
one-day (8-hour) lead abatement supervisor refresher course content shall be
the same as the course content specified in subsection (d)(1), and any current
safety practices, new laws and rules, and current technologies relating to
lead-based paint activities. Requirements ending in an asterisk indicate areas
that require refresher hands-on activities.
e) The
lead training program provider may seek approval of alternative training course
schedules.
1) An alternative
training course schedule is defined as:
A) Any
training agenda that includes a training day of more than 8 hours, but fewer
than 12 hours. Courses that consist of more than 12 hours of training per day
will not be approved by the Department (Note: a training hour consists of 50
minutes of training time);
B) Any
training agenda that includes a training day of fewer than 8 hours;
C) Any
training agenda that includes more training days than required by this Part;
D) Any
training agenda that includes fewer training days than required by this Part;
E) Any
altered training course that may be offered in addition to the standard lead
training course (an example is a training course provider offering the standard
3-day (8 hours per day) lead abatement worker course and also a 4-day lead abatement
worker course); or
F) Any
combined lead training course that covers more than one lead training course
discipline.
2) Application
for alternative training course schedules shall be made in accordance with the
appropriate discipline requirements set forth in this Section.
f) The
lead training program provider may seek approval of foreign language courses.
The lead abatement worker training course discipline is the only discipline
that will be approved to be offered in a foreign language. All other lead
training course disciplines shall be offered in English. Foreign language lead
abatement worker disciplines shall meet all of the requirements specified in
subsection (c). All foreign language course manuals, exams and other course
material required by this Section shall be provided in both the language in
which the course is to be offered and English.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.110 LEAD TRAINING COURSE NOTIFICATION REQUIREMENTS
Section 845.110 Lead Training Course Notification
Requirements
a) Notification
of Course Schedules and Course Cancellations
1) Notification
of upcoming lead training courses shall be made to the Department no less than 7
calendar days prior to the start of all Department-approved courses. The
notification shall be made for all lead training courses offered in Illinois
and all adjoining states. Prior notification is not required when courses are
offered in states other than Illinois and adjoining states; however the
following conditions shall apply separately and jointly:
A) Upon
request by the Department, the lead training program provider shall provide the
Department with a copy of the notification of upcoming or past lead training courses
as submitted to the USEPA authorized lead program in the state where the
approved lead training course is offered.
B) Upon
request by the Department, the lead training program provider shall provide the
Department with a copy of the class roster as required by this Section.
C) The
Department may verify that the notification was submitted to and received by a
USEPA authorized lead program in accordance with the requirements established
by the state agency.
2) The
Department provides a class notification form in the application package to all
lead training program providers. This form shall be completed in its entirety
and shall include the following minimum requirements:
A) Name of
training program provider;
B) Location
where the course is to be held, including street address, city and state;
C) Which
lead discipline is to be taught and in which language, including indication of
initial or refresher course;
D) Course
start date and end date (days of course need not be consecutive, but no more
than 10 calendar days shall lapse between the start date of the course and the
completion of the course and/or course examination); and
E) Course
start time and end time.
3) Notice
of cancellation of courses shall be made to the Department no later than the
day the course is scheduled to be conducted.
b) Class
rosters shall be submitted to the Department within 7 calendar days after
completion of the course. The Department provides a class roster report form
in the application package to all lead training program providers. This form
shall be completed in its entirety and shall include the following minimum
requirements:
1) Name of
approved training program provider;
2) Name of
course (lead discipline);
3) Type of
course (initial or refresher);
4) Language
of course;
5) Course
location;
6) Course
hours;
7) Start
date;
8) End
date;
9) Exam
date;
10) Instructors;
11) Student
names;
12) Social
Security number or unique identification number assigned by the training
program provider to each student;
13) Certificate
number unique to each certificate issued; and
14) Student
percent score on course examination.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.115 APPLICATION FEES FOR APPROVAL AND RENEWAL OF LEAD TRAINING COURSES
Section 845.115 Application Fees for Approval and
Renewal of Lead Training Courses
a) All
lead training course approvals expire on October 15 of each year, except that a
first-time approval issued after July 15 and before October 15 shall expire October
15 of the following year.
b) Non-refundable
application fees for all lead training courses are as follows:
1) Fees
will be waived for any Illinois State agency or unit of local government
seeking approval as a lead training program provider;
2) Initial
lead training course for each discipline: $500 per course;
3) Refresher
lead training course for each discipline: $250 per course; and
4) Combination
lead abatement worker and lead abatement supervisor initial lead training
course: $1,000.
c) Applications
for renewal of all lead training course approvals must be received by September
15 of each year. If the renewal application is received after September 15, a
$50 late fee shall be charged per course.
1) To
renew a lead training course that has been expired for fewer than 3 years, the lead
training program provider shall pay the current application fee, plus a
reinstatement fee of $100 for each year the course approval is expired.
2) To
renew a lead training course that has been expired for a period of 3 years or
more, the lead training program provider shall re-submit the complete training
course with the appropriate application and fees for review and approval as
required by Section 845.105.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.120 LEAD TRAINING PROGRAM PROVIDER RECORD KEEPING REQUIREMENTS
Section 845.120 Lead Training Program Provider Record
Keeping Requirements
a) Lead
training program provider records shall be made available to the Department for
review as follows.
1) The lead
training program provider shall retain records at the address specified on the lead
training program provider approval application (or as modified) for a minimum
of 4 years.
2) The lead
training program provider shall notify the Department in writing before
changing the address specified on its lead training program provider approval
application or transferring records from that address to a new address.
3) The
Department shall have the authority to enter, inspect and audit training
activities and training records to determine compliance with the Act and this
Part.
4) Training
records that shall be maintained by the lead training program provider include
the following:
A) All
materials specified in Section 845.100 that have been submitted to the Department
as part of the lead training program provider's approval;
B) Current
course materials and documents reflecting any changes made to these materials;
C) Results
of the students' hands-on skills assessments and course examinations and a
record of each student's course completion certificate;
D) Qualifications
for each guest instructor designated by the training manager in accordance with
Section 845.100, including: resume, letters of reference, documentation of work
experience, certifications, professional licenses, etc.; and
E) Approval
letters from the Department for the training manager, principal instructors,
each lead training course and course modifications.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.125 INDIVIDUAL LICENSING REQUIREMENTS FOR LEAD ACTIVITIES
Section 845.125 Individual Licensing Requirements for
Lead Activities
a) To
conduct any lead services, including lead inspection, lead risk assessment,
lead hazard screen, lead mitigation and lead abatement work and supervision, in
a regulated facility in Illinois, an individual shall be licensed in accordance
with the Act and this Section. To qualify for a license as a lead inspector,
lead risk assessor, lead abatement supervisor or lead abatement worker, an
applicant shall meet the following requirements:
1) Be at
least 18 years of age;
2) Submit a
current Department-approved lead training course certificate.
A) A
current lead abatement supervisor certificate meets the requirement for
obtaining a lead abatement supervisor or lead abatement worker license. A
current lead risk assessor certificate meets the requirement for obtaining a
lead risk assessor or lead inspector license.
B) Lead
training course certificates are valid for 3 years from the date the applicant
passed the approved lead training course examination.
C) Lead
training course certificates shall be renewed every 3 years by successfully
completing a Department-approved refresher training course in the discipline
for which the original training course was passed.
D) If 4
years have passed since the applicant passed the approved lead training course
examination, the lead training course certificate cannot be refreshed. An
applicant is required to complete the initial lead training course as required
by this Section;
3) Submit
a recent 1" x 1" or high resolution digital photograph of the
applicant for proper identification of the licensee. Non-digital pictures
shall have the printed name and lead license number of applicant on the reverse
side. The license will not be issued without an identification photograph;
4) Submit
the appropriate completed application form provided by the Department;
5) Submit
the required license application fee; and
6) For
applicants seeking licensure as a lead inspector, lead risk assessor and lead abatement
supervisor, the applicant must meet the third party examination requirements of
subsection (e) and Section 845.135.
b) Fees
for Lead Licensure, Renewal, Late Renewals, Duplicate Licenses and
Reinstatement of Expired Licenses
1) Applicants
for an initial lead license or renewal of an existing lead license shall pay an
annual non-refundable fee as specified below:
A) Lead abatement
worker license − $50;
B) Lead abatement
supervisor license − $100;
C) Lead
inspector license − $100; and
D) Lead
risk assessor license − $100.
2) In
addition to the annual renewal license fee, an applicant shall pay a
non-refundable late fee of $25:
A) If a
renewal application for a lead inspector or lead risk assessor license is
received on or after January 1, but before February 1; or
B) If a
renewal application for a lead abatement worker or a lead abatement supervisor
license is received on or after March 1, but before April 1.
3) An
applicant whose license has been expired for a period less than 3 years may
apply to the Department for reinstatement of the license. The Department shall
issue a reinstated license provided that:
A) The
applicant pays to the Department the current license fee applicable to the
discipline to be reinstated, in accordance with subsection (b)(1).
B) The
applicant pays a non-refundable reinstatement fee based on the following:
i) Lead
abatement workers: $25 for each year that begins the day after the license has
expired; and
ii) Lead
abatement supervisors, lead inspectors and lead risk assessors: $50 for each
year that begins the day after the license has expired.
4) A
license that has been expired for more than 3 years may be restored only by
submitting a new application in accordance with subsection (a).
5) An
applicant who wishes to receive a duplicate license shall pay a non-refundable
fee of $25 for each duplicate license requested.
6) The
non-refundable fee for a dishonored, negotiable instrument, including, but not
limited to, returned checks or insufficient payment, shall be $100.
c) All lead licenses expire
annually in accordance with the following:
1) Lead
inspector and lead risk assessor licenses expire January 31 of each year,
except that a first-time license issued after October 31 and before January 31
shall expire the next following January 31; and
2) Lead abatement
worker and lead abatement supervisor licenses expire March 31 of each year, except
that a first-time license issued after December 31 and before March 31 shall
expire the next following March 31.
d) Renewal
of License. Any license issued pursuant to this Part may be renewed if the
licensee submits:
1) The
completed renewal application;
2) The
non-refundable license renewal fee outlined in subsection (b)(1);
3) A
recent 1" x 1" or high resolution digital photograph of the applicant
for proper identification of the licensee. The picture shall have the printed
name and lead license number of the applicant on the reverse side. The license
will not be issued without an identification photograph; and
4) A current
certificate of completion from a Department-approved training course in
accordance with subsection (a)(2).
e) In
addition to meeting the general requirements outlined in subsections (a) and
(b), lead inspector, lead risk assessor and lead abatement supervisor
disciplines have specific training course requirements, examination and
education and experience requirements as specified in this subsection (e):
1) To
qualify for a license as a lead risk assessor, a person shall:
A) Submit
the training course completion certificates, including one of the 2 following
combinations:
i) An
initial lead inspector training course certificate and any subsequent refresher
certificates required to maintain accreditation as outlined in subsection (a),
and an initial lead risk assessor training course certificate and any
subsequent refresher certificates required to maintain accreditation as
outlined in subsection (a); or
ii) An
initial lead risk assessor training course certificate and any subsequent
refresher certificates required to maintain accreditation as outlined in
subsection (a), and a current Illinois lead inspector license;
B) Possess
one of the following combinations of education and experience:
i) A
bachelor of science degree in engineering, or an environmental or
health-related field;
ii) A
bachelor's degree in any discipline and one year of experience in a related
field (e.g., lead, asbestos or environmental remediation work, or
construction);
iii) An
associate's degree in any discipline and 2 years of experience in a related
field (e.g., lead, asbestos or environmental remediation work, or
construction);
iv) A
high school diploma (or equivalent) and at least 3 years of experience in a
related field (e.g., lead, asbestos or environmental remediation work, or
construction); or
v) Licensure
as an industrial hygienist, professional engineer, architect or environmental
health practitioner; and
C) Pass
the Department's third party examination for lead risk assessor, as required by
Section 845.135.
2) To
qualify for a license as a lead inspector, a person shall:
A) Submit
the training course completion certificates, including an initial lead
inspector training course certificate and any subsequent refresher certificates
required to maintain accreditation as outlined in subsection (a); and
B) Pass
the Department's third party examination for lead inspector, as required by
Section 845.135.
3) To
qualify for a license as a lead abatement supervisor, a person shall:
A) Submit
the training course completion certificates, including an initial lead abatement
supervisor training course certificate and any subsequent refresher
certificates required to maintain accreditation as outlined in subsection (a);
and
B) Meet
the experience requirements as follows:
i) One
year of experience as a licensed lead abatement worker; or
ii) Two
years of experience in a related field (e.g., lead, asbestos or environmental
remediation work) or in the building trades.
C) Pass
the Department's third party examination for lead abatement supervisor, as
required by Section 845.135.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.130 REQUIREMENTS FOR LEAD ABATEMENT CONTRACTOR LICENSING
Section 845.130 Requirements for Lead Abatement
Contractor Licensing
a) To
conduct any lead mitigation or lead abatement activities in a regulated
facility in Illinois, a person shall be licensed in accordance with the Act and
this Section. To qualify for licensure as a lead abatement contractor, an
applicant shall:
1) Submit
a completed application on a form provided by the Department;
2) Submit
a $500 non-refundable licensure fee.
A) A $250
non-refundable licensure fee, in lieu of the $500 fee, may be submitted for
initial license applications received and approved by the Department between
December 1 and March 1 for licenses that will expire on May 31 of the current
year;
B) A $750
non-refundable licensure fee, in lieu of the $500 fee, may be submitted for
initial license applications received and approved by the Department between
December 1 and March 1 for licenses that will expire May 31 of the following
year;
C) The
non-refundable fee for a dishonored, negotiable instrument, including, but not
limited to, returned checks or insufficient payment, shall be $200;
3) Submit
the name of the person with a valid Illinois lead abatement supervisor license
who will act as the designated lead abatement supervisor for the lead abatement
contractor. The license must be held by the lead abatement contractor or an
employee of the lead abatement contractor;
4) Submit
a written statement signed by the contractor specifying that only lead abatement
workers licensed by the Department will be employed for lead abatement;
5) Submit
a copy of the contractor's written standard operating procedures and employee
protection plan, which shall include the following:
A) A
description of medical monitoring, respirator training and personal protective
equipment programs required in Respiratory Protection Standard (OSHA); and
B) A
description of safe work practices to be used when conducting lead mitigation
or lead abatement that ensure compliance with this Part. The lead abatement supervisor
training curricula used for training of the designated licensed lead abatement supervisor
provides guidance and direction on standard operating procedures for lead safe
work practices and should be referred to when preparing the work practices
manual; and
6) Submit
a description of all legal proceedings, lawsuits or claims that have been filed
or levied against the contractor or any of his/her past or present employees or
companies in regard to construction-related activities. If there are no claims
against the contractor, a signed statement to that effect shall be submitted to
the Department.
b) Renewal
of License. All lead abatement contractor licenses shall be renewed annually.
All licenses shall expire on May 31 of each year.
1) If a
renewal application is received on or after May 1, but before May 31, the
applicant shall pay a non-refundable late fee of $100, in addition to the $500
non-refundable renewal fee.
2) An
applicant whose license has expired for a period of less than 3 years may apply
to the Department for reinstatement of the license. The license shall be
reinstated if the applicant submits to the Department the current license fee
and a non-refundable reinstatement fee of $200 for each year the license was
expired.
3) A
license that has expired for more than 3 years is not eligible for renewal. In
these instances, the applicant shall submit an initial application and
supporting documentation, as required by this Section.
4) The
non-refundable fee for a dishonored, negotiable instrument, including, but not
limited to, returned checks or insufficient payment, shall be $200.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.135 THIRD PARTY EXAMINATION REQUIREMENTS
Section 845.135 Third Party Examination Requirements
a) Applicants
for lead inspector, lead risk assessor and lead abatement supervisor licenses
are required to pass the Department's third party examination.
1) To
qualify to take the third party examination, an applicant shall:
A) Comply
with the requirements of Section 845.125;
B) Submit
a completed third party examination application form provided by the
Department; and
C) Submit
a $50 non-refundable third party examination application fee for each separate
discipline examination each time the examination is taken. The non-refundable
fee for a dishonored, negotiable instrument, including, but not limited to,
returned checks or insufficient payment, shall be $100.
2) The
Department shall provide, by mail, the following to applicants who qualify to
take the third party examination:
A) Date,
time and location for the applicant to take the third party examination;
B) A
detailed information packet and instructions for registration at the examination
site; and
C) Date
the Department accepted the application.
b) When
an applicant receives a passing score on the third party examination, the
Department shall issue the license to the applicant in the discipline for which
the applicant qualifies, in accordance with Section 845.125.
c) If the applicant does
not pass the third party examination:
1) The
Department will notify the applicant in writing;
2) The
applicant may reapply to the Department to take the third party examination
again. An applicant may take the third party examination no more than 3 times
within the 6 months. If an applicant does not pass the third party examination
within the 6 months, the applicant must retake the initial training course for
that discipline from a Department-approved lead training program provider
before reapplying for approval to take the third party examination.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.140 RECIPROCITY REQUIREMENTS
Section 845.140 Reciprocity Requirements
a) Each
applicant for licensure who is licensed or certified by another USEPA
authorized state or tribal lead program in any of the disciplines specified in
Section 845.125 may request reciprocal licensure.
1) The
Department shall evaluate the requirements for licensure established by the
other authorized state or tribal program and shall issue the license if the
Department determines that the requirements for licensure by that program are
as protective of health and the environment as the requirements for licensure
in Illinois.
2) To be
considered for reciprocal license, each applicant for licensure pursuant to
this Section shall submit:
A) The
appropriate application and application fee required in Section 845.125;
B) Supporting
documentation from the USEPA authorized state or tribal program for which
reciprocity is being requested, including:
i) Copies
of the initial training certificate and subsequent refresher certificates
required to maintain accreditation as required by that authorized program; and
ii) Copies
of the applicant's license issued by the authorized program.
b) Applicants
requesting reciprocity for licensure as a lead inspector, lead risk assessor or
lead abatement supervisor shall pass the Illinois Reciprocal Supplemental
Examination (IRSE), as required by this Section. The IRSE is used to evaluate
the applicant's understanding of Illinois' requirements.
1) The
Department shall provide the following to applicants who are required to pass
the IRSE:
A) The
IRSE application;
B) The
IRSE and answer form;
C) Copies
of the Act and this Part; and
D) Date
the Department accepted the reciprocal application.
2) The
applicant shall:
A) Complete
and submit the IRSE application;
B) Submit
the $50 non-refundable IRSE fee; and
C) Submit
the completed IRSE and answer form.
3) The
applicant may use any resource material for completion of the IRSE.
4) When
an applicant receives a score of at least 70% on the IRSE, the Department will issue
the reciprocal license to the applicant in the discipline for which the
applicant qualifies, in accordance with this Section.
5) If the
applicant does not pass the IRSE:
A) The
Department will notify the applicant in writing;
B) The
applicant may reapply to the Department to complete the IRSE again. An
applicant may attempt to pass the IRSE twice within 30 days after the
Department accepts the initial application for reciprocal licensure.
c) If an
applicant does not pass the IRSE within 30 days after the Department accepts
the reciprocal application for licensure, the applicant must take a
Department-approved refresher training course for the discipline for which the
applicant is seeking Illinois licensure.
d) Reciprocal licenses
shall expire in accordance with Section 845.125.
e) Applicants
for renewal of an existing reciprocal lead license shall pay an annual
non-refundable fee and complete a Department-approved refresher training course
within one year, in accordance with Section 845.125.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
SUBPART D: RESPONSIBILITIES OF LICENSED INDIVIDUALS, CONTRACTORS AND APPROVED TRAINING PROGRAM PROVIDERS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.150 LEAD ABATEMENT WORKER RESPONSIBILITIES
Section 845.150 Lead Abatement Worker Responsibilities
a) Any
individual conducting lead mitigation and lead abatement is required to be
licensed as a lead abatement worker in accordance with the Act and Section
845.125. The licensed lead abatement worker is responsible for the following:
1) Compliance
with the Act and this Part;
2) Following
the direction and guidance provided by a licensed lead abatement supervisor as
outlined in the Work Practice and Occupant Protection Plan required by Section
845.255;
3) Proper
implementation of lead mitigation and lead abatement methods; and
4) Using
work practices that:
A) Ensure
the safety of the workers involved in the lead mitigation and lead abatement
activities;
B) Ensure
the safety of the occupants of the regulated facility; and
C) Control
dust produced during mitigation or abatement of lead-bearing surfaces or
coatings.
b) The
lead abatement worker shall possess a valid and current Department-issued license
while on-site at any lead mitigation or lead abatement project.
c) Licensed
lead abatement workers shall conduct lead mitigation and lead abatement
activities only while employed by a licensed lead abatement contractor and only
while a licensed lead abatement supervisor is on site.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.155 LEAD ABATEMENT SUPERVISOR RESPONSIBILITIES
Section 845.155 Lead Abatement Supervisor
Responsibilities
a) Any
individual supervising lead mitigation and lead abatement work practices is
required to be licensed as a lead abatement supervisor in accordance with the
Act and Section 845.125. The licensed lead abatement supervisor is responsible
for the following:
1) Compliance
with the Act and this Part;
2) Development
and implementation of the Work Practice and Occupant Protection Plan required by
Section 845.255;
3) Ensuring
proper implementation of lead mitigation and lead abatement methods;
4) Enforcing
work practices that:
A) Ensure
the safety of the workers involved in the lead mitigation and lead abatement
activities;
B) Ensure
the safety of the occupants of the regulated facility; and
C) Control
dust produced during mitigation or abatement of lead-bearing surfaces;
5) Assuring
that all lead abatement workers and lead abatement supervisors conducting lead
mitigation and lead abatement are licensed in accordance with Section 845.125.
A) The
lead abatement supervisor shall maintain copies of licenses on site for each of
the lead abatement workers and lead abatement supervisors conducting lead
mitigation and lead abatement; and
B) The
lead abatement supervisor shall ensure that each lead abatement worker and lead
abatement supervisor conducting lead mitigation and lead abatement possesses a
valid and current Department-issued license while on site;
6) Being
on site during all lead mitigation and lead abatement activities; and
7) Providing
a written document stating that all lead mitigation and lead abatement activities
identified in the Work Practice and Occupant Protection Plan have been
completed. The document shall be provided to the owner of the regulated
facility and the licensed lead inspector or lead risk assessor conducting the final
clearance evaluation.
b) A
licensed lead abatement supervisor shall conduct lead mitigation and lead
abatement activities only while employed by a licensed lead abatement
contractor. The licensed lead abatement supervisor may conduct lead mitigation
and lead abatement without a lead abatement worker license.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.160 LEAD INSPECTOR RESPONSIBILITIES
Section 845.160 Lead Inspector Responsibilities
Any individual conducting lead inspections in regulated
facilities in Illinois is required to be licensed as a lead inspector in
accordance with the Act and Section 845.125. The licensed lead inspector is
responsible for the following:
a) Compliance with the Act
and this Part;
b) Conducting lead
inspections in accordance with Section 845.210;
c) Conducting
final clearance evaluations in accordance with Section 845.225;
d) Using procedures that:
1) Ensure the safety of
the occupants of the regulated facility; and
2) Control
dust and debris produced during lead inspections; and
e) Submitting quarterly
reports to the Department identifying:
1) The
number of lead inspections conducted, including the addresses of the regulated
facilities; and
2) The
number of final clearance evaluations conducted for lead mitigation and lead
abatement projects, including the addresses of the regulated facilities; and
f) Maintaining records
required by Section 845.230.
(Source: Amended at 43 Ill. Reg. 2440,
effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.165 LEAD RISK ASSESSOR RESPONSIBILITIES
Section 845.165 Lead Risk Assessor Responsibilities
Any individual conducting lead risk assessment or lead
inspection services in a regulated facility in Illinois is required to be
licensed as a lead risk assessor in accordance with the Act and Section
845.125. The licensed lead risk assessor is responsible for the following:
a) Compliance with the Act
and this Part;
b) Conducting lead risk
assessments in accordance with Section 845.215;
c) Conducting lead
inspections in accordance with Section 845.210;
d) Conducting
final clearance evaluations in accordance with Section 845.225;
e) Using procedures that:
1) Ensure the safety of
the occupants of the regulated facility; and
2) Control
dust and debris produced during lead risk assessment services;
f) Submitting quarterly
reports to the Department identifying:
1) The
number of lead inspections conducted, including the addresses of the regulated
facilities;
2) The
number of lead risk assessments conducted, including the addresses of the regulated
facilities; and
3) The
number of final clearance evaluations conducted for lead mitigation and lead
abatement projects, including the addresses of the regulated facilities; and
g) Maintaining records
required by Section 845.230.
(Source: Amended at 43 Ill. Reg. 2440,
effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.170 LEAD ABATEMENT CONTRACTOR RESPONSIBILITIES
Section 845.170 Lead Abatement Contractor
Responsibilities
Any person conducting lead mitigation and lead abatement
work in a regulated facility shall be licensed as a lead abatement contractor
in accordance with the Act and Section 845.130. The licensed lead abatement
contractor is responsible for the following:
a) Compliance with the Act
and this Part;
b) Comprehensive
knowledge about general construction techniques, including lead mitigation and lead
abatement;
c) Assuring
that all lead abatement workers and lead abatement supervisors have received
Department-approved lead training by possessing a copy of the
Department-approved lead training course certificate;
d) Assuring
that all lead abatement workers and lead abatement supervisors employed by the
lead abatement contractor possess a current and valid Department-issued lead
license on site;
e) Employing a licensed
lead abatement supervisor;
f) Assigning
a licensed lead abatement supervisor to be on site during all project
activities for each lead mitigation and lead abatement project;
g) Assuring
the safety of workers by developing a personnel protection plan, as required by
Section 845.260;
h) Assuring
that the Work Practice and Occupant Protection Plan required by Section 845.255
is developed and implemented for each lead mitigation and lead abatement
project that is conducted;
i) Submitting
the required notification outlined in Section 845.250 for any lead mitigation
or lead abatement project; and
j) Maintaining
records in accordance with Section 845.300.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.175 LEAD TRAINING PROGRAM PROVIDER RESPONSIBILITIES
Section 845.175 Lead Training Program Provider
Responsibilities
Any person providing lead training in Illinois shall be
approved in accordance with the Act and Section 845.100. The approved lead training
program provider is responsible for the following:
a) Compliance
with the Act and this Part;
b) Assuring
that all lead training courses provided are approved and conducted in
accordance with Subpart C; and
c) Maintaining all
records as required by Subpart C.
(Source: Amended at 43 Ill.
Reg. 2440, effective February 8, 2019)
SUBPART E: STANDARDS FOR CONDUCTING ENVIRONMENTAL INVESTIGATIONS FOR LEAD
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.200 ENVIRONMENTAL LEAD SAMPLING PROTOCOL
Section 845.200 Environmental Lead Sampling
Protocol
a) Only
licensed lead inspectors and lead risk assessors shall perform the activities
specified in this Section and shall do so in accordance with the appropriate
methodologies referenced in this Section.
b) Any sampling
for lead in paint, dust or soil shall be collected using USEPA Residential
Sampling for Lead: Protocols for Dust and Soil Sampling and HUD Guidelines
methodologies.
c) All
samples shall be analyzed by a laboratory currently recognized by the National
Lead Laboratory Accreditation Program (NLLAP).
d) XRF
testing shall be performed using the USEPA Methodology for XRF Performance
Characteristic Sheets and in accordance with the XRF manufacturer's
instructions.
e) Water
sampling shall be collected using procedures outlined in the American Water
Association Illinois Section: A Guidance Document for Drinking Water Testing
(2017).
f) Composite
sampling, as outlined in the HUD Guidelines USEPA protocols, may be applied to
soil sampling only. No other environmental samples shall be collected using a
composite sample method.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.205 REGULATORY LIMITS OF LEAD
Section 845.205 Regulatory Limits of Lead
a) The
regulatory limit of lead in any lead-bearing substance on an interior or
exterior surface of a regulated facility shall be 0.5% lead by weight
(calculated as lead metal) in the total non-volatile content of liquid paint,
or ≥ 1.0 mg/cm2 in the dried film of paint.
b) The
regulatory limit of lead in bare soil that is readily accessible to children
shall be 400 µg/g (or parts per million or ppm). The regulatory limit of lead
in other bare soil areas shall be 1000 µg/g.
c) The regulatory limit of
lead in dust shall be:
1) 10 µg/ft2
on all interior floors and stair treads;
2) 40 µg/ft2
on all exterior porch floors; and
3) 100
µg/ft2 on all other horizontal surfaces.
d) The
regulatory limit of lead in drinking water shall be 5 µg/L (or parts per
billion or ppb).
e) Storage
of any lead-containing or lead-contaminated article in an area accessible to
children shall be prohibited. This includes automotive or marine batteries,
battery casings or battery casing liners; scrap lead or lead solder; internal
combustion engine parts; print or print faces; pottery glaze or pottery glaze
containers; bullets or spent cartridges; or any other article containing or
contaminated by lead.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.210 PROCEDURES FOR LEAD INSPECTIONS IN REGULATED FACILITIES
Section 845.210 Procedures for Lead Inspections in
Regulated Facilities
a) A
lead inspection shall be conducted only by a person licensed by the Department
as set forth in Section 845.125 as a lead inspector or lead risk assessor.
Licensed lead inspectors and risk assessors shall present, upon request, proof
of licensure in the form of the Department-issued license.
b) Lead
inspectors and lead risk assessors conducting lead inspections shall avoid
potential conflicts of interest by not being an employee of the client (other
than as contracted for the services at hand) or of the lead abatement
contractor for the lead abatement or lead mitigation project for which final clearance
is being evaluated.
c) Lead
inspectors and lead risk assessors shall obtain or prepare a written statement
of services in accordance with the client's specifications. The statement shall
include the scope of the lead inspection, including a summary statement
indicating what service was requested by the owner and the extent of service
provided. The statement shall be descriptive and shall indicate if the service
was a comprehensive lead inspection. If the service was not a comprehensive
lead inspection, the extent and limitations of the service shall be clearly
stated.
d) A
visual assessment of the condition of the building, structures, surfaces and
components to be included in the lead inspection shall be performed prior to
environmental sampling.
1) A
detailed property diagram shall be produced using a consistent labeling system.
2) A
written inventory shall be produced of each testing combination for all
interior and exterior room equivalents.
e) When
conducting a lead inspection, a lead inspector or lead risk assessor shall
select the following locations according to the USEPA Residential Sampling for
Lead: Protocols for Dust and Soil Sampling and HUD Guidelines and shall test
the following locations for the presence of a lead-bearing substance in
accordance with Section 845.200:
1) Each
interior and exterior component that has a distinct painting history, except
for components that the lead inspector or lead risk assessor determines do not
contain lead-bearing substances.
2) Additional
samples for each component that has a distinct painting history in every common
area, except for components that the lead inspector or lead risk assessor
determines do not contain lead-bearing substances.
f) The
lead inspection shall be documented in a written report that shall include the
following:
1) The name and complete address
of the regulated facility;
2) The
name, complete address, and telephone number of the property owner or owners of
the regulated facility;
3) The
name, written signature and a copy of each individual's Department-issued lead
inspector or lead risk assessor license;
4) The
name, complete address, and telephone number of the licensed lead abatement
contractor employing the services of each lead inspector or lead risk assessor,
if applicable;
5) The date of the field
work and the date of the report;
6) A
summary statement indicating what service was performed as specified in
subsection (c);
7) Results
of the visual inspections, including a narrative description of the regulated
facility, including general condition, surface substrate type, painted surfaces
condition, and maintenance practices;
8) A
list of the locations of the lead-bearing substances identified. The list
shall be cross-referenced with a basic floor plan drawing of the regulated
facility inspected;
9) A copy of all XRF
sampling reports and laboratory analyses;
10) Each
testing method, device and XRF serial number (if applicable), and sampling
procedures employed for paint analysis, including quality control data; and
11) A
statement that the presence of lead-bearing substances shall be disclosed to
potential buyers and renters prior to obligation under a sales contract or
lease in accordance with Section 845.25 and federal Lead Safe Housing Rule (24 CFR
35) and Lead-Bearing Paint Poisoning Prevention in Certain Residential
Structures (40 CFR 745).
g) The
written report required by this Section shall be provided to the owner, who
shall make the report available to any occupant, tenant or parent (in the case
of a child care facility). A copy of the report shall be maintained by the
licensed professional who performed the service in accordance with Section 845.230.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.215 PROCEDURES FOR LEAD RISK ASSESSMENTS IN REGULATED FACILITIES
Section 845.215 Procedures for Lead Risk Assessments in
Regulated Facilities
a) A
lead risk assessment shall be conducted only by a person licensed by the
Department, as set forth in Section 845.125, as a lead risk assessor. A
licensed lead risk assessor shall present, upon request, proof of licensure in
the form of the Department-issued license.
b) Lead
risk assessors conducting lead risk assessment activities shall avoid potential
conflicts of interest by not being an employee of the client (other than as
contracted for the services at hand) or of the lead abatement contractor for
the lead abatement or lead mitigation project for which final clearance is
being evaluated.
c) Lead
risk assessors shall obtain or prepare a statement of services in accordance
with the client's specifications. The statement shall include the scope of the
lead risk assessment, including a summary statement indicating what service was
requested by the owner and the extent of service provided. The statement shall
be descriptive and shall indicate whether the service was a comprehensive lead
risk assessment. If the service was not a comprehensive lead risk assessment,
the extent and limitations of the service shall be clearly stated.
d) A
visual assessment to locate the existence of deteriorated paint, to assess the
extent and causes of the deterioration, and to evaluate other potential lead
hazards shall be conducted prior to environmental sampling.
1) A
detailed property diagram shall be produced using a consistent labeling system.
2) A
written inventory shall be produced of each testing combination for all
interior and exterior room equivalents.
e) The
lead risk assessor shall collect background information regarding the physical
characteristics of the property, including any previous lead inspection or risk
assessment reports, maintenance history and use patterns that may cause
exposure to a lead hazard.
f) When
conducting a lead risk assessment, a lead risk assessor shall select locations
according to the USEPA Residential Sampling for Lead: Protocols for Dust and
Soil Sampling and HUD Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing. The selected locations shall be tested for the
presence of a lead-bearing substance, in accordance with Section 845.200. The
following surfaces that are determined to be a distinct testing combination
shall be tested for the presence of lead:
1) Each friction surface;
2) Each impact surface
with visibly deteriorated paint; and
3) All other surfaces with
visibly deteriorated paint.
g) When
conducting a lead risk assessment, a lead risk assessor shall select locations
according to USEPA Residential Sampling for Lead: Protocols for Dust and Soil
Sampling and HUD Guidelines methodologies, and test for the presence of lead
hazards in dust in accordance with Section 845.200. The following
representative locations shall be tested for lead dust based on visual
assessment of painting history and component type:
1) Two single-surface
dust samples shall be collected, one from the floor and one from the window in
each area where occupants are likely to come into contact with dust;
2) Additionally,
interior window stool and floor dust samples (single-surface samples only)
shall be collected and analyzed for lead concentration in common areas where
the occupants are likely to come into contact with lead.
h) Soil
samples shall be taken based on the visual assessment and the existence of bare
soil. If collected, soil samples shall be collected in accordance with USEPA
Residential Sampling for Lead: Protocols for Dust and Soil Sampling and HUD
Guidelines methodologies.
i) The
lead risk assessment shall be documented in a written report that shall include
the following:
1) The name and complete address
of the regulated facility;
2) The name, complete address,
and telephone number of the property owner;
3) The
name, written signature, and a copy of each individual's Department-issued lead
risk assessor license;
4) The
name, complete address, and telephone number of the licensed lead abatement
contractor employing the services of each lead risk assessor;
5) The date of the field
work and the date of the report;
6) A
summary statement indicating what service was performed as specified in
subsection (c);
7) A
list of the location and type of lead hazards and lead-bearing substances
identified. The lead hazards and lead-bearing substances shall be
cross-referenced with a basic floor plan drawing of the regulated facility
assessed. Each lead hazard identified shall be accompanied by written hazard
control options available to the owner to address each lead hazard. The lead
hazard listing shall be arranged based on priority;
8) If
the service was conducted for a regulated facility with multiple dwelling
units, recommendations for maintenance of lead-bearing substances and lead
hazards that may be employed universally for all units in the complex shall be
provided to the property owner;
9) A copy of all XRF
sampling reports and laboratory analyses;
10) Each
testing method, device and XRF serial number (if applicable), and sampling
procedures employed for paint analysis, including quality control data; and
11) A
statement that the presence of lead-bearing substances shall be disclosed to
potential buyers and renters prior to obligation under a sales contract or
lease in accordance with Section 845.25 and federal Lead Safe Housing Rule (24 CFR
35) and Lead-Based Paint Poisoning Prevention in Certain Residential Structures
(40 CFR 745).
j) The
written report required by this Section shall be provided to the owner, who
shall make the report available to any occupant, tenant or parent (in the case
of a child care facility). A copy of the report shall be maintained by the
licensed professional who performed the service in accordance with Section 845.230.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.220 PROCEDURES FOR LEAD HAZARD SCREENS IN REGULATED FACILITIES (REPEALED)
Section 845.220 Procedures for Lead Hazard Screens in
Regulated Facilities (Repealed)
(Source:
Repealed at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.225 FINAL CLEARANCE EVALUATIONS IN REGULATED FACILITIES
Section 845.225 Final Clearance Evaluations in Regulated
Facilities
a) The
owner, its agent and the licensed lead abatement contractor shall allow access
to the Department or a delegate agency to inspect a work area at any time
during a lead abatement or lead mitigation project to determine compliance with
the Act and this Part.
b) Upon
completion of the lead abatement or lead mitigation activities and the cleanup procedures
outlined in Section 845.285, each work area shall pass a visual inspection and
final clearance evaluation, which shall include the following minimum
requirements:
1) A
licensed lead inspector or lead risk assessor shall review the Work Practice
and Occupant Protection Plan, developed by the licensed lead abatement supervisor
as outlined in Section 845.255, to determine the areas that require a final
clearance evaluation.
2) A
licensed lead inspector or lead risk assessor shall receive and review the
written assurance statement provided by the licensed lead abatement supervisor
as required in Section 845.155.
3) A
licensed lead inspector or lead risk assessor shall conduct a visual inspection
of the work areas identified in the above-referenced Work Practice and Occupant
Protection Plan to ensure that the surfaces have been abated or mitigated. The
licensed lead inspector or lead risk assessor shall notify the owner or its
agent and the licensed lead abatement contractor of the results of the visual
inspection, and shall include the locations and characteristics of surfaces requiring
further lead abatement, lead mitigation or cleanup. The visual assessment
shall be documented in writing by the licensed lead inspector or lead risk
assessor.
4) For
work areas that pass the final visual inspection, and after ensuring that at
least one hour has passed since lead abatement or lead mitigation and cleanup
activities last occurred, a licensed lead inspector or lead risk assessor shall
collect dust wipe samples from no fewer than 4 rooms or common areas within the
work area identified in the Work Practice and Occupant Protection Plan. If
there are fewer than 4 rooms, all rooms and common areas shall be sampled:
A) At least one sample
shall be collected from the bare floor;
B) At
least one sample shall be collected from a window stool and one sample from a
window well if available;
C) One
sample shall be located on a horizontal surface or bare floor at or near the
entrance to the work area.
5) For work
areas that fail the final visual inspections, the licensed lead abatement contractor
shall repeat the procedures outlined in Section 845.285.
6) For work
areas that pass the final visual inspection, but are found in non-compliance
with the regulatory limits established in Section 845.205(c), the licensed lead
abatement contractor shall repeat the procedures outlined in Section 845.285
for non-compliant surfaces and horizontal surfaces located below the
non-compliant surfaces. Upon completion of these procedures, the licensed lead
inspector or lead risk assessor shall repeat the visual assessment and dust
sampling specified in subsection (b) for those non-compliant surfaces and the
horizontal surfaces located below the non-compliant surfaces. This process
shall continue until compliance with the regulatory limits established in
Section 845.205(c) is achieved.
c) Before
a work area may be released for re-occupancy, the work area must meet the following
requirements.
1) The
work area shall pass the visual inspection outlined in subsection (b), ensuring
that all abated or mitigated surfaces and all uncarpeted floors have been
treated to provide smooth and easily cleanable surfaces; and
2) Lead
dust levels on horizontal surfaces are below the levels established in Section
845.205(c). All environmental lead samples must be submitted and
analyzed by a laboratory currently recognized by NLLAP.
d) Upon
achieving acceptable final clearance evaluation results, the licensed lead
inspector or lead risk assessor shall prepare a written final clearance
evaluation report. A copy of the final clearance evaluation report shall be
provided to the licensed lead abatement contractor and to the owner of the
regulated facility, who shall make the report available to any occupant tenant
or parent (in the case of a child care facility). The report shall include the
following:
1) The
written assurance statement provided by the licensed lead abatement supervisor,
as required in Section 845.155;
2) A
written statement that the work area passed visual inspection and analyses for dust
wipe samples collected in the work area were within acceptable regulatory limits
as outlined in Section 845.205(c);
3) The
printed name, license number, and written signature of the person who conducted
the final clearance evaluation sampling; and
4) A
copy of the field sampling forms utilized, including the locations where the
samples were collected and a copy of the laboratory results.
e) The
licensed lead inspector or lead risk assessor shall keep a copy of the final
clearance evaluation report, as required by the record keeping requirements
outlined in Section 845.230.
f) A
final clearance evaluation shall not be conducted by a licensed lead inspector
or lead risk assessor who is employed by or affiliated with the licensed lead
abatement contractor that conducted the lead abatement or lead mitigation.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.230 RECORD KEEPING REQUIREMENTS FOR ENVIRONMENTAL INVESTIGATIONS FOR LEAD
Section 845.230 Record Keeping Requirements for
Environmental Investigations for Lead
All written reports and records required in Sections 845.210,
845.215 and 845.225 shall be maintained by the licensed lead inspector or lead
risk assessor who performed the lead investigation service.
a) Copies
of all written reports and records shall be maintained for no fewer than 6
years from the date the final clearance evaluation report or certificate of
compliance is issued;
b) The
licensed lead inspector and lead risk assessor shall allow the Department or
its delegate agency access to the records as requested, and shall provide
copies to the Department upon request;
c) Copies
of all written reports and records shall be provided to the person who
contracted for the lead investigation service for the regulated facility.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
SUBPART F: STANDARDS FOR LEAD MITIGATION AND LEAD ABATEMENT
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.250 SUBMISSIONS AND NOTICES
Section 845.250 Submissions and Notices
a) The
lead abatement contractor shall notify the Department at least 7 calendar days
prior to the commencement of any lead abatement or lead mitigation project at a
regulated facility. A separate notification shall be submitted for each unique
regulated facility.
1) Notifications
and changes to the notification shall be submitted on a form provided by the
Department and shall be complete and accurate;
2) The
notification shall state the start date of the beginning of lead abatement
setup and an end date indicating when final clearance evaluation results are to
be received by the lead abatement contractor;
3) The
lead abatement contractor shall submit any changes in the notification sent to
the Department. The lead abatement contractor may not start work sooner than
the start date placed on the original notification;
4) In
the event that a project is delayed or cancelled for any reason, a revised notification
shall be submitted to the Department, prior to the delay or cancellation,
informing the Department of the delay or cancellation. If the notification
dates expire before the final clearance evaluation results are received by the
lead abatement contractor, a new 7-day notification shall be submitted to the
Department in accordance with subsections (a)(1) through (3).
b) The
owner or agent of any tenant-occupied regulated facility shall give notice to
the occupants at least 7 calendar days, but not more than 30 calendar days,
before a lead abatement contractor may commence a lead abatement or lead
mitigation project. The owner or agent of the building in which the lead
abatement or lead mitigation project is to take place shall notify all
residents of:
1) The
area that is to undergo lead abatement or lead mitigation;
2) The
date on which lead abatement or lead mitigation is to commence;
3) The
name and telephone number for the Department-licensed lead abatement
contractor;
4) The
occupants' obligations under this Section to remove personal items from the
proposed work area; and
5) The
owner of a regulated facility who has received a mitigation notice under
Section 9 of the Act shall post notices at all entrances to the
regulated facility specifying the identified lead hazards. The posted notices,
drafted by the Department and sent to the property owner with the notification
of lead hazards, shall indicate the following:
A) that
a unit or units in the building or the building have been found to have
lead hazards;
B) that
other units in the building may have lead hazards;
C) that
the Department recommends that children 6 years of age or younger and
pregnant persons receive a blood lead testing;
D) where
to seek further information; and
E) whether
mitigation notices have been issued for 2 or more dwelling units within
a 5-year period of time.
c) Once
the owner has complied with a mitigation notice or mitigation order issued by
the Department, the owner may remove the notices posted pursuant to this
Section. (Section 9.4 of the Act)
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.255 WORK PRACTICE AND OCCUPANT PROTECTION PROGRAM
Section 845.255 Work Practice and Occupant Protection
Program
a) The
lead abatement contractor shall protect occupants of a regulated facility
undergoing lead abatement or lead mitigation activities from exposure to
potential lead hazards that may be generated by the lead abatement or lead
mitigation activities. To ensure the health and safety of occupants, a Work
Practice and Occupant Protection Plan shall be developed and followed for each
lead mitigation and lead abatement project. At a minimum, the plan shall
describe the protocols, procedures and work practices to be employed by the
lead abatement contractor to ensure that the occupants are properly protected
from potential lead hazards that may be generated from the lead abatement or
lead mitigation work. The plan shall be written and shall fulfill the following
requirements:
1) Evaluate
the need to remove the occupants from the regulated facility during the lead
abatement or lead mitigation;
2) Be unique to each lead
abatement or lead mitigation work area;
3) Be
developed by a licensed lead abatement supervisor employed by the licensed lead
abatement contractor performing the lead abatement or lead mitigation work;
4) Provide
the name, written signature and Department-issued license number of the
licensed lead abatement supervisor who prepared the plan;
5) Be developed
and implemented prior to commencement of lead abatement or lead mitigation;
6) Include
the results of any lead inspection or lead risk assessment conducted in the
regulated facility;
7) Evaluate
and establish the requirements for pre-cleaning the work areas before
establishing work place barriers and containment systems as required by Section
845.265;
8) Describe
what work practices will be employed to prevent the uncontrolled release of
dust and debris from the work area;
9) Describe
the method of separating the work area from non-work areas, and describe work
area isolation methods to prevent unauthorized entry by non-licensed or
non-protected individuals;
10) Describe
in writing work practices to be employed to abate or mitigate the lead-bearing
substance and lead hazard;
11) Outline
procedures to ensure that the work area or regulated facility is not
re-occupied prior to final cleaning required in Section 845.285 and the final clearance
evaluation requirements specified in Section 845.225;
12) Be
kept at the site and updated as necessary by the lead abatement supervisor
employed by the lead abatement contractor performing the lead abatement or lead
mitigation;
13) Be
kept by the lead abatement contractor after the completion of the lead
mitigation or lead abatement project in accordance with the record keeping
requirements outlined in Section 845.300; and
14) Be
made available for review by the building owner, its agent or a representative
of the Department or its delegate agency.
b) The
lead abatement contractor performing a lead abatement or lead mitigation
activity that is expected to break or disturb any lead-bearing substances shall
display a caution sign outside each work area at the regulated facility in the
following manner:
1) Before
abating or mitigating a lead-bearing substance, caution signs shall be posted
by the lead abatement contractor immediately outside all entrances and exits to
each work area;
2) Caution
signs shall be kept posted until the lead abatement or lead mitigation is
completed and final clearance evaluation results have been obtained. Caution
signs shall:
A) Be at least 11" by
8.5";
B) State
the date and place of the lead abatement or lead mitigation project; and
C) Include
the phrase "Warning, Lead Work Area, Poison, No Smoking or Eating" in
bold lettering, at least 2 inches high.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.260 PERSONNEL PROTECTION PROGRAM
Section 845.260 Personnel Protection Program
a) The
lead abatement contractor, its agent, or any person who is performing lead
abatement or lead mitigation in a regulated facility shall take the necessary
precautions to protect his or her health, the health of any lead abatement supervisor
or lead abatement worker, and the health of occupants of the regulated facility
during any lead abatement or lead mitigation that may produce lead chips, dust
or fumes.
b) The
lead abatement contractor shall comply with the requirements established for
worker protection in accordance with 29 CFR 1926.62, 29 CFR 1910.1025 and 29
CFR 1910.134.
c) The
lead abatement contractor shall maintain copies of the written personnel
protection program on-site at each lead abatement and lead mitigation project
and make those copies available for review by Department or delegate agency
staff. The written plan shall include:
1) The
minimum requirements for personal protective equipment to enter the work area.
If protective equipment is not provided, the lead abatement contractor shall
have on-site air monitoring results and/or negative exposure assessment as
required by OSHA, indicating that protective equipment is not required;
2) The
work practices that ensure employees are not spreading potential lead
contamination to other locations by transfer on protective equipment; and
3) The
personal hygiene practices to be used by personnel for decontamination prior to
leaving the work area.
d) Copies
of the written personnel protection program shall be maintained as part of the
records required in Section 845.300.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.265 LEAD WORK AREA ISOLATION, PREPARATION AND CONTAINMENT
Section 845.265 Lead Work Area Isolation, Preparation
and Containment
a) Work
area isolation, preparation and containment shall be in accordance with the
written Work Practice and Occupant Protection Program required by Section 845.255
and the procedures specified in this Section.
b) The
licensed lead abatement contractor shall ensure that unauthorized persons are
not permitted to enter a work area where lead mitigation or lead abatement is
occurring.
c) The
licensed lead abatement contractor shall ensure that all warning signs required
by Section 845.255 are clearly displayed, identifying each work area within the
regulated facility.
d) At
all times when a lead abatement or lead mitigation project is being conducted
in a regulated facility, the lead abatement contractor shall ensure that the
following conditions are met:
1) The
Department or its delegate agency shall have access to the work area at any
time during a lead abatement or lead mitigation project to determine compliance
with the requirements of this Part;
2) The
lead abatement contractor shall ensure that occupants and pets use alternative
entrances and exits that do not require passage through the work area. The
lead abatement contractor shall use all reasonable efforts to create an
uncontaminated passage for entrance and exit of all building occupants;
3) If the
entrance to and exit from a building can only be through the work area, the
lead abatement contractor shall provide an enclosed passage through the work
area, which serves as an air-tight isolation barrier from the work area and is
to be used for entrance and exit from the building. The airtight enclosed
passage must remain in place until work is complete, final cleanup is conducted,
and the final clearance evaluation required by Section 845.225 has been
successfully completed;
4) Restricted
access to each work area shall remain in place until work is completed, final cleanup
is conducted, and the final clearance evaluation samples have met the minimum
requirements set forth in Section 845.225.
e) The
lead abatement contractor shall conduct pre-cleaning of each work area as stated
in the Work Practice and Occupant Protection Plan required by Section 845.255, including
at least the following:
1) Turn
off all forced air ventilation in the work area and seal exhaust and intake
points in the work area;
2) Pre-clean
movable objects using HEPA-filtered vacuum equipment or wet cleaning methods,
and remove those objects from the work area;
3) Clean
upholstered furniture, drapes and removable carpeting twice using HEPA-filtered
vacuum equipment before removal from the work area;
4) Pre-clean
fixed objects using HEPA-filtered vacuum equipment and/or wet cleaning methods;
and
5) Pre-clean
the work area using HEPA-filtered vacuum equipment or wet cleaning methods.
f) Before
beginning lead abatement or lead mitigation in an interior work area, a
licensed lead abatement contractor shall:
1) Ensure
that access to the work area is restricted as required in subsection (d);
2) Ensure
that all requirements of work area pre-cleaning specified in subsection (e)
have been completed;
3) Cover
and seal all objects that cannot be moved, such as radiators, refrigerators,
stoves, kitchen cabinets, built-in furniture, and bookcases, with plastic
sheeting at least 6 mils thick;
4) Cover
floors in the work area with plastic sheeting at least 6 mils thick and seal in
place. For projects that will last more than one day, 2 layers of plastic
sheeting 6 mils thick shall be installed. At the end of each work day, the top
layer of plastic sheeting shall be cleaned, removed and disposed of in
accordance Section 845.285(b) and replaced; and
5) Protect
carpeting to ensure that contamination does not occur from the lead abatement
or lead mitigation activities. Carpeting is subject to sampling outlined in
Section 845.225, and the regulatory limits of lead for floors specified in
Section 845.205(c).
g) Before
beginning lead abatement or lead mitigation in an exterior work area, a
licensed lead abatement contractor shall ensure:
1) Access
to the work area is restricted as required in subsection (d) of this Section.
2) All
requirements of work area pre-cleaning specified in subsection (e) of this
Section have been completed, including removal and disposal of visible paint
chips and debris that are on the ground.
3) When
waste and debris will be generated from the lead mitigation or lead abatement
activities, a layer of plastic sheeting at least 6 mils thick shall be
installed to collect any debris. The plastic sheeting shall be attached below
the surface that is to be abated or mitigated to collect and contain any waste
and debris. The plastic sheeting shall extend out from the foundation at least
3 feet per story being abated or mitigated, with a minimum of 6 feet and a
maximum of 20 feet. If these horizontal standards cannot be met for any reason,
the lead abatement contractor shall erect vertical containment or equivalent
extra precautions to contain the work area and ensure that dust and debris does
not contaminate adjacent buildings or migrate to adjacent properties.
A) When
liquid waste is produced, the lead abatement contractor shall install a waste
collection system capable of handling the amount of liquid waste to be
generated by the procedure.
B) The
waste collection system shall be attached below the surface being abated or
mitigated to assure that liquid waste does not leak from the contained work
area.
4) Containment
systems shall be installed to withstand weather conditions and to contain all
debris and waste generated during the lead abatement or lead mitigation
activities. If inclement weather conditions persist during lead abatement or
lead mitigation activities, the lead abatement contractor shall erect vertical
containment or equivalent extra precautions to contain the work area and ensure
that dust and debris does not contaminate adjacent buildings or migrate to
adjacent properties.
5) If
the lead abatement contractor is to employ vacuum blasting or contained hydro-blasting,
the interior side of windows shall be sealed with at least 2 layers of plastic sheeting
at least 6 mils thick.
6) Plastic
containment barriers that cannot be secured to prevent unauthorized access in
the absence of the lead abatement contractor shall be cleaned, removed and
disposed of in accordance with Section 845.285(c) and replaced daily.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.270 PROHIBITED WORK PRACTICES
Section 845.270 Prohibited Work Practices
No person conducting lead abatement or lead mitigation shall
employ any of the following methods:
a) Open flame burning;
b) Dry sanding;
c) Open abrasive blasting;
d) Uncontained exterior hydro-blasting;
e) Interior hydro-blasting;
f) Methylene chloride
application; or
g) Dry scraping.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.275 SAFE WORK PRACTICES
Section 845.275 Safe Work Practices
a) Lead
abatement may employ methodologies specified in Section 845.15, including:
1) Replacement
of any part of a building with a lead-free component.
2) Removal
of any part of a building using the following techniques:
A) Off-site chemical
stripping;
B) Heat guns
operating at temperatures not exceeding 1100o F. If using heat guns, the lead abatement
contractor shall ensure that a minimum of one fire extinguisher for each heat
gun being used is supplied;
C) Non-flammable
chemical strippers that do not contain methylene chloride;
D) Sander equipped with
HEPA vacuum attachment;
E) Wet planing to
substrate;
F) Contained vacuum
blasting in exterior work areas only;
G) Contained hydro-blasting
in exterior work areas only; and
H) Mechanical
paint removal systems equipped with a HEPA vacuum attachment.
3) Enclosure
of a lead-bearing substance may be achieved by covering the lead-bearing
surface with an approved material. Materials used shall comply with local
building ordinances or codes and shall be applied in accordance with
methodologies outlined in Section 845.15. Materials approved for enclosure
include:
A) Gypsum board;
B) Fiberglass mats;
C) Canvas-backed vinyl wall
coverings;
D) High pressure laminated
plastic sheeting;
E) Tile;
F) Paneling;
G) Vinyl;
H) Wood;
I) Aluminum;
J) Stone; or
K) Other durable material
that does not readily tear or peel.
4) Encapsulation
of a lead-bearing substance may be achieved by applying an encapsulating
product in accordance with the manufacturer's directions and shall be applied
in accordance with methodologies specified in Section 845.15.
b) Lead
mitigation may employ interim lead hazard control work practices, including:
1) Procedures
identified as interim controls outlined in the methodologies incorporated in
Section 845.15;
2) The
methods outlined in subsection (a) that are not permanent;
3) Paint film
stabilization;
4) Friction and impact
surface treatment; and
5) Dust
removal and control.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.280 ABATEMENT AND MITIGATION OF LEAD-CONTAMINATED SOIL
Section 845.280 Abatement and Mitigation of
Lead-Contaminated Soil
a) Soil
abatement, including removal of lead-contaminated soil, shall be conducted in
accordance with methodologies incorporated in Section 845.15 and shall meet the
following requirements:
1) All
soil removal work shall be conducted by a Department-licensed lead abatement contractor
employing licensed lead abatement workers who are supervised by a licensed lead
abatement supervisor;
2) Worker
protection shall be provided as required in Section 845.260. At a minimum, all
lead abatement workers removing lead-contaminated soil shall be provided with a
changing area equipped with a facility for washing or showering. Lead
abatement workers shall be required to change into personal protective clothing
before entering the work area, and to remove personal protective clothing and
shower or wash before leaving the work area;
3) A
Work Practice and Occupant Protection Program as required by Section 845.255 shall
be developed;
4) Equipment
decontamination procedures shall be employed to prevent the spread of lead dust
and debris. Disposable items are not to be reused and shall be discarded as
provided in Section 845.290. The equipment decontamination procedures shall be
outlined in the Work Practices and Occupant Protection Program required by
Section 845.255;
5) Prior
to beginning soil removal, the source of the lead contamination shall be
identified and eliminated if possible;
6) Removal
of the lead-contaminated soil shall be accompanied by dust suppression methods
to keep the generation of dust to a minimum;
7) Soil
that is stockpiled prior to disposal shall be:
A) Placed on a layer of
impermeable plastic;
B) Kept moist to avoid dust
generation; and
C) Covered with impermeable
plastic that is secured to the ground;
8) Removed
lead-contaminated soil shall be transported to disposal areas in sealed
containers or in a covered vehicle in accordance with disposal requirements incorporated
in Section 845.290. Off-site vehicular or foot tracking of contaminated soil
shall be avoided;
9) Any replacement
soil shall be tested and confirmed to have a lead concentration less than 400
ppm. The testing shall be conducted by a licensed lead inspector or lead risk
assessor, with analysis performed by a laboratory currently recognized by NLLAP.
b) Soil
abatement, including the installation of a permanent cover, such as concrete or
asphalt, over lead-contaminated soil shall be conducted in accordance with
methodologies incorporated in Section 845.15 and shall meet the following requirements:
1) Soil
abatement work, including the installation of a permanent cover, may be
conducted by non-licensed persons, provided that the abatement activities do
not involve removal of the existing lead-contaminated soil;
2) Dust
suppression methods shall be employed;
3) Equipment
decontamination procedures shall be employed to prevent the spread of lead dust
and debris. Disposable items are not to be reused and shall be discarded as
provided in Section 845.290;
4) Prior
to beginning soil covering, the source of the lead contamination shall be
identified and eliminated, if possible.
c) Soil
mitigation, including the installation of a non-permanent cover, such as mulch,
stone, gravel, soil, sod, etc., over lead-contaminated soil shall be conducted
in accordance with documented methodologies incorporated in Section 845.15 and
shall meet the following requirements:
1) Soil
mitigation work, including the installation of a non-permanent cover, may be
conducted by non-licensed persons, provided that the mitigation activities do
not include the removal of the existing lead-contaminated soil;
2) Dust
suppression methods shall be employed;
3) Equipment
decontamination procedures shall be employed to prevent the spread of lead dust
and debris. Disposable items are not to be reused and shall be discarded as
provided in Section 845.290;
4) Prior
to beginning soil mitigation, the source of the lead contamination shall be
identified and eliminated if possible;
5) The
non-permanent cover material shall be tested and confirmed to have a lead
concentration less than 400 ppm. The testing shall be conducted by a licensed
lead inspector or lead risk assessor, with analysis conducted by a laboratory
currently recognized by NLLAP; and
6) Installation
of non-permanent covering shall be applied to a minimum depth of 2 inches over
the lead-contaminated soil.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.285 CLEANUP PROCEDURES
Section 845.285 Cleanup Procedures
a) Cleanup
of interior and exterior work areas shall be conducted at least daily at the
end of the work shift, and upon completion of the lead mitigation and lead
abatement work.
b) The
lead abatement contractor shall clean up interior work areas using the
following procedures in the order that they appear:
1) All
work area isolation systems required in Section 845.265 shall remain in place
until completion of the final clearance evaluation in accordance with Section 845.225.
2) All
waste and debris shall be removed from the work area and disposed of in
accordance with Section 845.290.
3) All
surfaces and plastic containment barriers in the work area shall be HEPA
vacuumed and wet washed with a detergent and water solution.
4) After
wet washing and allowing all surfaces to dry, HEPA vacuuming of all surfaces in
the work area shall be repeated.
5) All
plastic barriers used for containment, excluding isolation barriers, if
present, shall be removed, disposed of and replaced daily until final clean up.
6) All
lead waste, isolation barriers and material from clean up, including mop heads,
sponges, filters and disposable clothing, shall be deposited and sealed
airtight in double plastic bags at least 4 mils thick or single bags 6 mils
thick.
c) The
lead abatement contractor shall clean up exterior work areas using the
following procedures:
1) All
waste and debris shall be removed from the work area and disposed of in
accordance with Section 845.290.
2) All
plastic barriers used for containment shall be removed, disposed of and
replaced daily until final clean up. The plastic sheeting shall be removed in a
manner to prevent release of any remaining debris.
A) Any
surface with visible debris remaining after removal of plastic sheeting shall
be HEPA vacuumed.
B) All
exterior horizontal components in the work area shall be wet washed with a
detergent and water solution.
3) All
lead waste, work area barriers and material from clean up, including mop heads,
sponges, filters and disposable clothing, shall be deposited and sealed
airtight in double plastic bags at least 4 mils thick or single bags 6 mils
thick, and the bags shall be sealed.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.290 DISPOSAL PROCEDURES
Section 845.290 Disposal Procedures
The lead abatement contractor shall dispose of all waste
generated from the lead abatement or lead mitigation in accordance with State,
local and federal laws.
(Source: Amended at 43 Ill. Reg. 2440,
effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.295 RE-OCCUPATION OF THE LEAD WORK AREA
Section 845.295 Re-occupation of the Lead Work Area
a) Before
a work area may be released for re-occupancy, the work area must meet the
following requirements:
1) The
work area shall pass the visual inspection outlined in Section 845.225; and
2) Lead
dust levels on floors and other horizontal surfaces shall be below the levels
established in Section 845.205(c).
b) Upon
passing the visual inspection and achieving acceptable final clearance evaluation
results, the licensed lead abatement contractor shall obtain a signed copy of
the final clearance evaluation results required by Section 845.225 before being
released from the work area.
c) Upon
receipt of the signed final clearance evaluation results required by Section 845.225,
the licensed lead abatement contractor shall remove the remaining isolation
barriers and may release the work area for re-occupancy.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.300 RECORD KEEPING REQUIREMENTS FOR LEAD MITIGATION AND LEAD ABATEMENT ACTIVITIES
Section 845.300 Record Keeping Requirements for Lead
Mitigation and Lead Abatement Activities
a) The
lead abatement contractor shall retain the following information for every lead
abatement or lead mitigation project conducted in a regulated facility in Illinois:
1) The
name and address of the owner or its agent for whom the project was conducted;
2) A
copy of the 7-day notification form and all revisions submitted to the
Department prior to commencement;
3) Copies
of the results of any lead inspection or lead risk assessment conducted in the
regulated facility;
4) A signed
copy of the Work Practice and Occupant Protection Plan developed for the
regulated facility;
5) A
copy of the written personal protection plan for the project;
6) A
list of the names of the licensed lead abatement workers and lead abatement supervisors
employed for each project, including a copy of their Department-issued lead
abatement license;
7) A
copy of the written assurance statement provided by the licensed lead abatement
supervisor as required in Section 845.155; and
8) A
copy of the final clearance evaluation results required by Section 845.225.
b) The
records shall be retained for at least 6 years from the date the lead
mitigation or lead abatement project was completed.
c) The
lead abatement contractor shall provide a copy of the items listed in subsections
(a)(1) through (8) to the owner of the regulated facility within 60 days after
completion of the lead mitigation and/or abatement project.
d) The
lead abatement contractor shall maintain the following records for as long as
the company is licensed:
1) Completed license
application form;
2) Proof
of liability insurance for all of the time that the lead abatement contractor
is licensed;
3) Medical monitoring
records for all employees;
4) Copies of all
correspondence from the Department; and
5) Records
of all legal proceedings, lawsuits or claims that have been filed or levied
against the lead abatement contractor during the time that it is licensed by
the Department as a lead abatement contractor.
e) The
lead abatement contractor shall allow the Department or delegate agency access
to records pertaining to all lead mitigation and lead abatement projects
conducted in regulated facilities.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
SUBPART G: FINES, PENALTIES AND ADMINISTRATIVE HEARINGS
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.350 DENIAL, SUSPENSION AND REVOCATION OF LEAD TRAINING COURSE APPROVAL
Section 845.350 Denial, Suspension and Revocation
of Lead Training Course Approval
a) The
Director, after notice and opportunity for hearing, may deny the application
for, or suspend or revoke the approval of, a lead training program provider, or
the approval of an individual training course, in any case in which the
Department finds substantial or continued failure to comply with the
requirements of this Part, including but not limited to fraud,
misrepresentation, working without approval, or not adhering to approved
training materials.
b) The
hearing notice shall be made by certified mail or by personal service and shall
set forth the particular reasons for the proposed action and provide the
applicant or approved lead training program provider with an opportunity to
request a hearing. If a written hearing request is not received within 15 days
after the date of mailing by the Department, the right to a hearing is waived.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.355 DENIAL, SUSPENSION AND REVOCATION OF LICENSES
Section 845.355 Denial, Suspension and Revocation of
Licenses
a) In
any case in which the Director finds substantial or continued failure to comply
with the requirements of this Part, including fraud, misrepresentation, working
without a license, or not adhering to work practice standards or failure to pay
fines or penalties owed to the Department, the Director, after notice and
opportunity for hearing, may deny the application for, or suspend or revoke the
license of, a lead abatement contractor, lead supervisor, lead worker, lead abatement
risk assessor or lead inspector.
b) The hearing
notice shall be made by certified mail or by personal service and shall set
forth the particular reasons for the proposed action and provide the applicant
or licensee with an opportunity to request a hearing. If a written hearing
request is not received within 15 days after the date of mailing by the
Department, the right to a hearing is waived.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.360 FINES AND PENALTIES
Section 845.360 Fines and Penalties
a) In
addition to any other action authorized by the Act or this Part, the
Department is authorized to assess administrative penalties against any licensee
or any other person who violates the Act or this Part. (Section
12.2(b) of the Act) The Department shall determine whether a fine will be
assessed and the amount of any such fine.
b) The
Department shall consider the following criteria independently and aggregately
to determine whether a fine shall be assessed:
1) Whether
the Department issued a stop work order and whether the person strictly obeyed the
order;
2) Whether
the person has previously been cited for a violation of the Act or this Part,
except that any previously cited violation shall not be considered if the
violation was held to be unfounded by a final order of the Department or by a
court, or if any previous citations for violations occurred more than 3 years
ago;
3) Whether
the violation is of such nature as to result in the possibility of injury or
other harm to the environment; to the person's agents or employees; to the
building owner, users or occupants; or to the general public;
4) Whether
the violation appears to be the result of any degree of negligence by the
person or by the person's agents or employees;
5) Whether
the person demonstrated good faith efforts to correct the violation upon
receipt of oral or written notice of the violation and whether such actions in
fact corrected the violation;
6) Whether
the person has falsified any lead license or certificate or represents himself
or herself as authorized to conduct work without a valid license in a
fraudulent manner; and
7) Whether
the person falsified any record keeping information required by the Act or this
Part.
c) Criteria
to determine the amount of a fine or penalty for a violation of any provision
of the Act or of this Part are as follows. All amounts determined pursuant to
these criteria shall be added together to determine the total fine against the
person.
1) First violation −
the person may be issued a fine of up to $5,000.
2) Each
day that a violation exists shall constitute a separate or repeat violation.
3) Repeat
violation − the person may be issued a minimum fine of $5,000 plus
additional fines calculated according to the following:
A) For
each violation that may cause or result in harm or injury to the health or
safety of the agents or employees of the person present: $100 multiplied by
the number of agents or employees present at any time on the date of the
violation.
B) For
each violation that may cause or result in harm or injury to the health or
safety of the building owners or users, occupants of the building or the
general public: $100 multiplied by the number of persons present in or around
the regulated facility at any time on the date of violation.
C) For
each violation that may cause or result in contamination with lead dust or
debris of any part of the regulated facility other than the work area: $5,000.
D) For
each violation that may cause or result in contamination with lead dust or
debris of any surrounding areas to the regulated facility: $5,000.
4) For a
third violation of a provision of the Act or this Part, a licensee or approved
training program provider, in addition to the fines and penalties in subsection
(c)(3), may have his/her license or Department approval denied, suspended or
revoked in accordance with Sections 845.350 and 845.355.
5) Notwithstanding
any other provision of this Part, the Department may at any time, upon a
finding of 5 or more violations during the same inspection that may cause or
result in harm or injury to the health and safety of persons, assess a fine or
penalty pursuant to subsection (c)(3).
d) The
Department shall serve notice of fine and/or penalty assessments, and shall
provide the same rights and opportunity for hearing as provided in Section 12.2
of the Act and this Section. In the event that a person fails to request a
hearing within the time provided in the notice, the person shall be deemed to
have waived the right to an administrative hearing, and the fine and/or penalty
assessments that are upheld in whole or in part by final order of the
Department shall be due in full at the conclusion of the time period for filing
for administrative review pursuant to the Administrative Review Law.
e) All
fine or penalty assessments that are upheld in whole or in part by final order
of the Department shall be due in full at the conclusion of the time period for
filing for administrative review pursuant to the Administrative Review Law,
unless the person has within that time filed proceedings in administrative
review specifically appealing the fine or penalty assessment and unless the
court has stayed enforcement of the fine or penalty assessment.
(Source:
Amended at 43 Ill. Reg. 2440, effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.365 STOP WORK ORDERS FOR REGULATED FACILITIES
Section 845.365 Stop Work Orders for Regulated
Facilities
Whenever the Department or its delegate agency finds that
a situation exists that requires immediate action to protect the public health,
it may, without notice or hearing, issue an order requiring that such action be
taken as it may deem necessary to protect the public health, including, but not
limited to, the issuance of a stop work order, ordering the immediate
suspension of any improper activities that may disturb a lead-bearing surface,
and requiring that any person found to be improperly conducting such activities
immediately cease work. Notwithstanding any other provision in the Act or this
Part, such order shall be effective immediately. The Attorney General, State's
Attorney, or Sheriff of the county in which the property is located has
authority to enforce the order after receiving notice of the order. Any person
subject to such an order is entitled, upon written request to the Department,
to a hearing to determine the continued validity of the order. (Section 8.3
of the Act)
(Source: Amended at 43 Ill. Reg. 2440,
effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.370 ADMINISTRATIVE HEARINGS
Section 845.370 Administrative Hearings
All hearings shall be conducted pursuant to the Act and the
Department's Rules of Practice and Procedure in Administrative Hearings.
Section 845.APPENDIX A Instructions for Childhood Blood Lead Poisoning Reporting System (Repealed)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.APPENDIX A INSTRUCTIONS FOR CHILDHOOD BLOOD LEAD POISONING REPORTING SYSTEM (REPEALED)
Section 845.APPENDIX A Instructions for Childhood Blood
Lead Poisoning Reporting System (Repealed)
Section 845.EXHIBIT A Instructions for Completing the
Laboratory-Based Report of Childhood Lead Poisoning (Repealed)
(Source: Repealed at 43 Ill. Reg. 2440,
effective February 8, 2019)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.APPENDIX A INSTRUCTIONS FOR CHILDHOOD BLOOD LEAD POISONING REPORTING SYSTEM (REPEALED)
Section 845.APPENDIX
A Instructions for Childhood Blood Lead Poisoning Reporting System (Repealed)
Section 845.EXHIBIT B Instructions for Submitting
Follow-Up Data for Children With Blood Lead Levels ≥ 15 mcg/dL (Repealed)
(Source: Repealed at 43 Ill. Reg. 2440,
effective February 8, 2019)
Section 845.APPENDIX B Information Agreement (Repealed)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER p: HAZARDOUS AND POISONOUS SUBSTANCES
PART 845
LEAD POISONING PREVENTION CODE
SECTION 845.APPENDIX B INFORMATION AGREEMENT (REPEALED)
Section 845.APPENDIX B Information Agreement (Repealed)
(Source: Repealed at 43 Ill. Reg. 2440,
effective February 8, 2019)
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