SB1087eng 103RD GENERAL ASSEMBLY

 


 
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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mold Remediation Registration Act is
5amended by changing Sections 5, 10, 15, 20, and 25 and by
6adding Section 16 as follows:
 
7    (410 ILCS 105/5)
8    Sec. 5. Findings. The General Assembly finds that:
9        (1) Excessive indoor dampness in buildings is a
10    widespread problem that warrants action at the local,
11    State, and national levels.
12        (2) Because of the public's concern about the possible
13    public health effects of exposure to mold in buildings, as
14    well as the effects on workers performing remediation
15    work, and the costs of remediation for the property owner,
16    there is a need to identify parties performing mold
17    remediation in the State.
18        (3) Because there is a need to reduce moisture that
19    fosters mold formation in buildings, the State should
20    review current State building codes to ensure that they do
21    not foster mold.
22        (4) Parties providing mold remediation services in
23    residential, public, and commercial buildings in Illinois

 

 

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1    should be required to register with the State and provide
2    proof of financial responsibility.
3        (5) Laboratories performing tests to confirm mold
4    contamination in buildings should be certified by the
5    American Industrial Hygiene Association using nationally
6    recognized accreditation standards set under the
7    Environmental Microbiology Laboratory Accreditation
8    Program.
9        (6) It is imperative that the citizens of Illinois are
10    aware of the dangers of mold and the need for proper
11    assessment and remediation of indoor environments affected
12    by mold.
13(Source: P.A. 95-456, eff. 1-1-08.)
 
14    (410 ILCS 105/10)
15    Sec. 10. Definitions. As used in this Act:
16    "Department" means the Department of Public Health.
17    "Mold" means any form of multicellular fungi found in
18water-damaged indoor environments or water-damaged building
19materials. "Mold" includes Cladosporium, Penicillium,
20Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella,
21Mucor, and Stachybotrys chartarum.
22    "Mold remediation" means the removal, cleaning,
23sanitizing, demolition, or other treatment, including
24preventive activities, of mold or mold-containment matter in
25buildings.

 

 

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1    "Preventative activities" include those intended to
2prevent future mold contamination of a remediated area,
3including applying biocides or anti-microbial compounds.
4    "Third-party certification" means a mold remediation
5certification offered by the Institute of Inspection Cleaning
6and Restoration Certification or its successor; the National
7Organization of Remediators and Microbial Inspectors or its
8successor; or any other national nonprofit organization that
9has been approved by the Department.
10(Source: P.A. 95-456, eff. 1-1-08.)
 
11    (410 ILCS 105/15)
12    Sec. 15. Reporting requirement. The Department must report
13to the Environment and Energy Committees of the House of
14Representatives and the Senate, on an annual basis, concerning
15the implementation of any federal regulations or State rules
16that establish:
17        (1) scientific evidence concerning any health effects
18    associated with fungi, bacteria, and their byproducts in
19    indoor environments including any indoor air quality
20    standard; and
21        (2) standards for the training, certification, and
22    licensing of parties providing mold remediation services
23    in residential, public, and commercial buildings.
24(Source: P.A. 95-456, eff. 1-1-08.)
 

 

 

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1    (410 ILCS 105/16 new)
2    Sec. 16. Public awareness campaign. The Department shall,
3in consultation with appropriate agencies and organizations,
4establish a public awareness campaign to assist the public in
5understanding the threat of mold in indoor environments and
6the importance of removing mold. As part of the campaign, the
7Department shall:
8        (1) establish, in accordance with rules adopted under
9    this Act, a public awareness campaign on the dangers of
10    mold, as well as the potential toxic compounds that they
11    can emit and produce, and, as part of the campaign,
12    disseminate information via brochures and the Department's
13    website;
14        (2) provide reference to and contact information for
15    organizations or government agencies that can provide the
16    public with information pertaining to the health effects
17    of mold, mold testing methods, or accredited industry
18    standards for the remediation of mold; and
19        (3) perform every 5 years, in accordance with rules
20    adopted under this Act, a review of the technology or
21    treatment techniques for mold identification and
22    remediation that provide additional protections to public
23    health and safety and include, as part of that review, an
24    examination of any new scientific evidence that indicates
25    that mold may present a greater health risk to the public
26    than previously determined.
 

 

 

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1    (410 ILCS 105/20)
2    Sec. 20. Rules. The Department shall may adopt rules,
3under the Illinois Administrative Procedure Act, to implement
4a program establishing procedures for parties that provide
5mold remediation services to register with the State and
6provide evidence of an active third-party certification and
7evidence of financial responsibility.
8(Source: P.A. 95-456, eff. 1-1-08.)
 
9    (410 ILCS 105/25)
10    Sec. 25. Exemptions. The provisions of this Act shall not
11apply to (i) home builders and remodelers performing work on
12any residential structure, consisting of 4 or fewer
13residential units, under the period and terms of the written
14warranty of that residential structure or (ii) persons
15licensed in accordance with the Structural Pest Control Act.
16(Source: P.A. 95-456, eff. 1-1-08.)