(410 ILCS 45/)
(410 ILCS 45/1)
Sec. 1. Short title. This Act may be cited as the Lead Poisoning
Prevention Act.
(Source: P. A. 87-175.)
(410 ILCS 45/2)
Sec. 2. Definitions. As used in this Act:
"Abatement" means the removal or encapsulation of all leadbearing
substances in a residential building or dwelling unit.
"Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
public school structure frequented by children through 6 years of age.
"Delegate agency" means a unit of local government or health
department approved by the Department to carry out the provisions of
this Act.
"Department" means the Department of Public Health of the State of
Illinois.
"Dwelling" means any structure all or part of which is designed or
used for human habitation.
"High risk area" means an area in the State determined by the
Department to be high risk for lead exposure for children through 6
years of age. The Department shall consider, but not be limited to, the
following factors to determine a high risk area: age and condition
(using Department of Housing and Urban Development definitions of "slum"
and "blighted") of housing, proximity to highway traffic or heavy local
traffic or both, percentage of housing determined as rental or vacant,
proximity to industry using lead, established incidence of elevated
blood lead levels in children, percentage of population living below
200% of federal poverty guidelines, and number of children residing in
the area who are 6 years of age or younger.
"Exposed surface" means any interior or exterior surface of a
dwelling or residential building.
"Lead abatement contractor" means any person or entity licensed by
the Department to perform lead abatement and mitigation.
"Lead abatement worker" means any person employed by a lead
abatement contractor and licensed by the Department to perform lead
abatement and mitigation.
"Lead bearing substance" means any dust on surfaces or in furniture
or other nonpermanent elements of the dwelling and any paint or other
surface coating material containing more than five-tenths of one percent
(0.5%) lead by weight (calculated as lead metal) in the total
non-volatile content of liquid paint, or lead bearing substances
containing greater than one milligram per square centimeter or any lower
standard for lead content in residential paint as may be established by
federal law or regulation; or more than 1 milligram per square
centimeter in the dried film of paint or previously applied substance;
or object containing lead in excess of the amount specified in the rules
and regulations authorized by this Act or a lower standard for lead
content as may be established by federal law or regulation.
"Lead hazard" means a lead bearing substance that poses an immediate
health hazard to humans.
"Lead poisoning" means the condition of having blood lead levels in
excess of those considered safe under State and federal rules and
regulations.
"Low risk area" means an area in the State determined by the
Department to be low risk for lead exposure for children through 6 years
of age. The Department shall consider the factors named in "high risk
area" to determine low risk areas.
"Mitigation" means the remediation, in a manner described in Section
9, of a lead hazard so that the lead bearing substance does not pose an
immediate health hazard to humans.
"Owner" means any person, who alone, jointly, or severally with
others:
(a) Has legal title to any dwelling or residential building,
with or without accompanying actual possession of the dwelling or
residential building, or
(b) Has charge, care or control of the dwelling or residential
building as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the owner.
"Person" means any one or more natural persons, legal entities,
governmental bodies, or any combination.
"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.
"Risk assessment" means a questionnaire to be developed by the
Department for use by physicians and other health care providers to
determine risk factors for children through 6 years of age residing in
areas designated as low risk for lead exposure.
(Source: P.A. 89-381, eff. 8-18-95.)
(410 ILCS 45/3)
Sec. 3. Lead bearing substance use. No person shall use or apply
lead bearing substances:
(a) In or upon any exposed surface of a dwelling or dwelling unit;
(b) In or around the exposed surfaces of a child care facility or
other structure frequented by children;
(c) In or upon any fixtures or other objects used, installed, or
located in or upon any exposed surface of a dwelling or residential
building, or child care facility, or intended to be so used, installed,
or located and that, in the ordinary course of use, are accessible to
and chewable by children;
(d) In or upon any toys, furniture, or other articles used by and
chewable by children;
(e) Within or upon a residential building or dwelling, child care
facility, school, playground, park, or recreational area, or other areas
regularly frequented by children.
(Source: P. A. 87-175.)
(410 ILCS 45/4)
Sec. 4. Sale of toys or furniture containing lead bearing
substance. No person shall sell, have, offer for sale, or transfer toys
or furniture that contains a lead bearing substance.
(Source: P. A. 87-175.)
(410 ILCS 45/5)
Sec. 5. Sale of objects containing lead bearing substance. No
person shall sell or transfer or offer for sale or transfer any fixtures
or other objects intended to be used, installed, or located in or upon
any surface of a dwelling or residential building, or child care
facility, that contains a lead bearing substance and that, in the
ordinary course of use, are accessible to and chewable by children.
(Source: P. A. 87-175.)
(410 ILCS 45/6)
Sec. 6. Warning statement. No person, firm, or corporation shall
have, offer for sale, sell, or give away any lead bearing substance that
may be used by the general public unless it bears the warning statement
as prescribed by federal regulation. If no regulation is prescribed the
warning statement shall be as follows: "WARNING--CONTAINS LEAD. DRIED
FILM OF THIS SUBSTANCE MAY BE HARMFUL IF EATEN OR CHEWED. See Other
Cautions on (Side or Back) Panel. Do not apply on toys, or other
children's articles, furniture, or interior, or exterior exposed
surfaces of any residential building or facility that may be occupied or
used by children. KEEP OUT OF THE REACH OF CHILDREN."
(a) The generic term of a product, such as "paint" may be
substituted for the word "substance" in the above labeling.
(b) The placement, conspicuousness, and contrast of the above
labeling shall be in accordance with Section 191.101 of the regulations
promulgated under the provisions of the Federal Hazardous Substances
Act.
(Source: P.A. 87-175.)
(410 ILCS 45/6.1)
Sec. 6.1. Removal of leaded soil. The Department shall, in
consultation with the IEPA, specify safety guidelines for workers
undertaking removal or covering of leaded soil. Soil inspection
requirements shall apply to inspection of residential buildings or child
care facilities subject to the requirements of this Section.
(Source: P.A. 87-175.)
(410 ILCS 45/6.2)
Sec. 6.2. Physicians to screen children.
(a) Every physician licensed to practice medicine in all its
branches or health care provider shall screen children 6 months through
6 years of age for lead poisoning who are determined to reside in an
area defined as high risk by the Department. Children residing in areas
defined as low risk by the Department shall be assessed for risk by a
risk assessment procedure developed by the Department. Children shall
be screened, in accordance with guidelines and criteria set forth by the
American Academy of Pediatrics, at the priority intervals and using the
methods specified in the guidelines.
(b) Each licensed, registered, or approved health care facility
serving children from 6 months through 6 years of age, 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 the patients
receive lead poisoning screening, where medically indicated or
appropriate.
(c) Children 6 years and older may also be screened by physicians
or health care providers, in accordance with guidelines and criteria set
forth by the American Academy of Pediatrics, according to the priority
intervals specified in the guidelines.
(d) Nothing in this Section shall be construed to require any child
to undergo a lead blood level screening or test whose parent or guardian
objects on the grounds that the screening or test conflicts with his or
her religious beliefs.
(Source: P.A. 89-381, eff. 8-18-95.)
(410 ILCS 45/7)
Sec. 7. Reports of lead poisoning required. Every physician who
diagnoses, or a nurse, hospital administrator or public health officer
who has verified information of the existence of any person found or
suspected to have a level of lead in the blood in excess of the
permissible limits set forth in regulations adopted by the Department,
within 48 hours of receipt of verification, shall report to the
Department the name, address, laboratory results, date of birth, and any
other information about the person deemed essential by the Department.
Directors of clinical laboratories must report to the Department, within
48 hours of receipt of verification, positive results of all blood lead
analyses performed in their facility. The information included in the
clinical laboratories report shall include, but not be limited to, the
child's name, address, date of birth, name of physician ordering
analysis, and specimen type. All negative results must be reported to
the Department in accordance with rules adopted by the Department.
These rules shall not require reporting in less than 30 days after the
end of the month in which the negative results are obtained. All
reports shall be treated in the same manner as information subject to
the provisions of Part 21 of Article VIII of the Code of Civil
Procedure. Any physician, nurse, hospital administrator, director of a
clinical laboratory, public health officer, or allied health
professional making a report in good faith shall be immune from any
civil or criminal liability that otherwise might be incurred from the
making of a report.
(Source: P.A. 89-381, eff. 8-18-95; 90-182, eff. 1-1-98.)
(410 ILCS 45/7.1)
Sec. 7.1. Child care facilities must require lead blood level
screening for admission. By January 1, 1993, each day care center, day
care home, preschool, nursery school, kindergarten, or other child care
facility, licensed or approved by the State, including such programs
operated by a public school district, shall include a requirement that
each parent or legal guardian of a child between the ages of 6 months
through 6 years provide a statement from a physician or health care
provider that the child has been risk assessed, as provided in Section
6.2, if the child resides in an area defined as low risk by the
Department, or screened for lead poisoning as provided for in Section
6.2, if the child resides in an area defined as high risk. This
statement shall be provided prior to admission and subsequently in
conjunction with required physical examinations.
Nothing in this Section shall be construed to require any child to
undergo a lead blood level screening or test whose parent or guardian
objects on the grounds that the screening or test conflicts with his or
her religious beliefs.
(Source: P.A. 89-381, eff. 8-18-95.)
(410 ILCS 45/7.2)
Sec. 7.2. Laboratory fees for blood lead screening; Lead Poisoning
Fund.
(a) The Department may establish fees according to a reasonable fee
structure to cover the cost of providing a testing service for
laboratory analysis of blood lead tests and any necessary follow-up.
Fees collected from the Department's testing service shall be placed in
a special fund in the State treasury known as the Lead Poisoning
Screening, Prevention, and Abatement Fund. Other State and federal
funds for expenses related to lead poisoning screening, follow-up,
treatment, and abatement programs may also be placed in the Fund.
Moneys shall be appropriated from the Fund to the Department of Public
Health solely for the purposes of providing lead screening, follow-up,
and treatment programs.
(b) Any delegate agency may establish fees, according to a
reasonable fee structure, to cover the costs of drawing blood for blood
lead screening and any necessary follow-up.
(Source: P.A. 87-175.)
(410 ILCS 45/8)
Sec. 8. Inspection of buildings occupied by a person screening
positive. A representative of the Department, or delegate agency, may,
after notification that an occupant of the dwelling unit in question is
found to have a blood lead value of the value set forth in Section 7,
upon presentation of the appropriate credentials to the owner, occupant,
or his representative, inspect dwelling or dwelling units, at reasonable
times, for the purposes of ascertaining that all surfaces accessible to
children are intact and in good repair, and for purposes of ascertaining
the existence of lead bearing substances. Such representative of the
Department, or delegate agency, may remove samples or objects necessary
for laboratory analysis, in the determination of the presence of
lead-bearing substances in the designated dwelling or dwelling unit.
Following the inspection, the Department or its delegate agency
shall:
(1) Prepare an inspection report which shall:
(A) State the address of the dwelling unit.
(B) 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.
(C) State whether any lead bearing substances were found in
the dwelling unit.
(D) Describe the nature, extent, and location of any lead
bearing substance that is found.
(E) 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.
(F) 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 this Act.
(2) Mail or otherwise provide a copy of the inspection report to
the property owner and to the occupants of the dwelling unit. 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 an
informational brochure.
(Source: P.A. 87-175; 87-1144.)
(410 ILCS 45/8.1)
Sec. 8.1. Licensing of lead inspectors.
(a) By January 1, 1994, the Department shall establish standards
and licensing procedures for lead inspectors. An integral element of
these procedures shall be an education and training program prescribed
by the Department which shall include but not be limited to scientific
sampling, chemistry, and construction techniques. No person shall make
inspections without first being licensed by the Department. The penalty
for inspection without a license shall be a Class A misdemeanor.
(b) The Department shall charge licensed inspectors reasonable
license fees and the fees shall be placed in the Lead Poisoning
Screening, Prevention, and Abatement Fund and used to fund the
Department's licensing of inspectors and any other activities prescribed
by this Act. An inspector employed by the Department or its delegate
agency shall not be charged a license fee.
(Source: P.A. 87-175.)
(410 ILCS 45/8.2)
Sec. 8.2. Warrant procedures. If the occupant of a residential
building or dwelling designated for inspection under Section 8 refuses
to allow inspection, an agent of the Department or of the Department's
delegate agency may apply for a search warrant to permit entry. A court
may issue a warrant upon a showing that a victim of lead poisoning
resides or has recently resided in the residential building. The
findings of the inspection shall be reported to the Department and to
the appropriate enforcement authorities established in this Act.
(Source: P.A. 87-175.)
(410 ILCS 45/9)
Sec. 9. Procedures upon determination of lead hazard.
(1) 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 this Section in which
the owner must complete the mitigation. The notice shall include
information describing mitigation activities which meet the requirements
of this Act.
(2) If the inspection report identifies a lead hazard, the owner
shall mitigate the lead hazard in a manner prescribed by the Department
and within the time limit prescribed by this Section. The Department
shall adopt rules regarding acceptable methods of mitigating a lead
hazard. If the source of the lead hazard identified in the inspection
report is lead paint or any other leaded surface coating, the lead
hazard shall be deemed to have been mitigated if:
(A) The surface identified as the source of the hazard is no
longer in a condition that produces a hazardous level of leaded
chips, flakes, dust or any other form of leaded substance, that can
be ingested or inhaled by humans, or;
(B) If the surface identified as the source of the hazard is
accessible to children and could reasonably be chewed on by
children, the surface coating is either removed or covered, the
surface is removed, or the access to the leaded surface by children
is otherwise prevented as prescribed by the Department.
(3) Mitigation activities which involve the destruction or
disturbance of any leaded surface shall be conducted by a licensed lead
abatement contractor using licensed lead abatement workers. The
Department may prescribe by rule mitigation activities that may be
performed without a licensed contractor or worker. The Department may,
on a case by case basis, grant a waiver of the requirement to use
licensed lead abatement contractors and workers, provided the waiver
does not endanger the health or safety of humans.
(4) The Department shall establish procedures whereby an owner,
after receiving a mitigation notice under this Section, may submit a
mitigation plan to the Department or delegate agency for review and
approval.
(5) When a mitigation notice is issued for a dwelling unit
inspected as a result of an elevated blood lead level in a pregnant
woman or a child, or if the dwelling unit is occupied by a child under 6
years of age or a pregnant woman, the owner shall mitigate the hazard
within 30 days of receiving the notice; otherwise, the owner shall
complete the mitigation within 90 days.
(6) 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 abatement contractors or workers, 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.
(7) The Department or its delegate agency may, after the deadline
set for completion of mitigation, conduct a follow-up inspection of any
dwelling 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
as provided under this Section. 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 this Act,
which may include abatement if 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 this 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.
(Source: P.A. 87-175; 87-1144.)
(410 ILCS 45/9.1)
Sec. 9.1. Owner's obligation to give notice. An owner of a dwelling
unit or residential building who has received a mitigation notice under
Section 9 of this Act shall, before entering into a lease agreement for
the dwelling unit for which the mitigation notice was issued, provide
prospective lessees of that unit with written notice that a lead hazard
has previously been identified in the dwelling unit, unless the owner
has obtained a certificate of compliance for the unit under Section 9.
An owner may satisfy this notice requirement by providing the
prospective lessee with a copy of the inspection report prepared
pursuant to Section 9.
Before entering into a residential lease agreement, all owners of
residential buildings or dwelling units built before 1978 shall give
prospective lessees information on the potential health hazards posed
by lead in residential dwellings by providing the prospective lessee
with a copy of an informational brochure prepared by the Department.
Within one year of the effective date of this amendatory Act of 1992,
owners of residential buildings or dwelling units built before 1978
shall provide current lessees with such brochure.
(Source: P.A. 87-1144.)
(410 ILCS 45/10)
Sec. 10. The Department, or representative of a unit of local
government or health department approved by the Department for this
purpose, shall report any violation of this Act to the State's Attorney
of the county in which the dwelling is located, who has then the
authority to charge the owner with Class A misdemeanor, and who shall
take additional measures to insure that rent is withheld from the owner
by the occupants of the dwelling or dwelling units affected, until the
mitigation requirements under Section 9 of this Act are complied with.
No tenant shall be evicted because an individual with an elevated
blood lead level or with suspected lead poisoning resides in the
dwelling unit, or because rent is withheld under the provisions of this
Act, or because of any action required of the dwelling owner as a result
of enforcement of this Act.
In cases where no action is taken which will result in the remedy of
the hazard created by the lead-bearing substances within the stated time
period, the local health officer and the local building officials may as
practical utilize such community resources as are available to effect
the relocation of the individuals who occupied the dwelling or dwelling
unit affected until the remedy is made by the owner.
(Source: P.A. 87-175; 87-1144.)
(410 ILCS 45/11)
Sec. 11. Manner of mitigation of lead hazards. All mitigation shall
be accomplished in a manner which will not endanger the health or
well-being of residential building or dwelling unit occupants, and will
result in the safe removal from the premises, and the safe disposition,
of flakes, chips, debris, dust, and other potentially harmful materials.
(Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
(410 ILCS 45/11.1)
Sec. 11.1. Licensing of lead abatement contractors and workers.
Except as otherwise provided in this Act, performing lead abatement or
mitigation without a license is a Class A misdemeanor. The Department
shall provide by rule for the licensing of lead abatement contractors
and lead abatement workers and shall establish standards and procedures
for the licensure. The Department may collect a reasonable fee for the
licenses. The fees shall be deposited into the Lead Poisoning
Screening, Prevention, and Abatement Fund and used by the Department for
the costs of licensing lead abatement contractors and workers and other
activities prescribed by this Act.
The Department shall promote and encourage minorities and females
and minority and female owned entities to apply for licensure under this
Act as either licensed lead abatement workers or licensed lead abatement
contractors.
The Department may adopt any rules necessary to ensure proper
implementation and administration of this Act and of the federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and the regulations
promulgated thereunder: Lead; Requirements for Lead-Based Paint
Activities (40 CFR 745). The application of this Section shall not be
limited to the activities taken in regard to lead poisoned children and
shall include all activities related to lead abatement, mitigation and
training.
(Source: P.A. 89-381, eff. 8-18-95.)
(410 ILCS 45/11.2)
Sec. 11.2. Revocation of License. Pursuant to the Illinois
Administrative Procedure Act and rules promulgated thereunder, the
Department may deny, suspend, or revoke any license if the Department
finds failure or refusal to comply with provisions of this Act or rules
promulgated pursuant to the Act.
(Source: P.A. 87-1144.)
(410 ILCS 45/12)
Sec. 12. Violations of Act. Violation of any Section of this Act
other than Section 7 shall be punishable as a Class A misdemeanor.
In cases where a person is found to have mislabeled, possessed,
offered for sale or transfer, sold or transferred, or given away
lead-bearing substances, a representative of the Department shall
confiscate the lead-bearing substances and retain the substances until
they are shown to be in compliance with this Act.
(Source: P. A. 87-175.)
(410 ILCS 45/13)
Sec. 13. The Department is authorized to promulgate reasonable
rules and regulations for carrying out the provisions of this Act.
(Source: P. A. 87-175.)
(410 ILCS 45/13.1)
Sec. 13.1. Administrative Procedures Act; Application. The
provisions of the Illinois Administrative Procedure Act are adopted and
shall apply to all administrative rules and procedures of the Department
of Public Health under this Act, except that in cases of conflict
between the Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control. Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does
not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising
any discretion.
(Source: P.A. 87-175; 88-45.)
(410 ILCS 45/14)
Sec. 14. Departmental regulations and activities. The Department
shall establish and publish regulations and guidelines governing
permissible limits of lead in and about residential buildings and
dwellings.
The Department shall also initiate activities that:
(a) Will either provide for or support the monitoring and
validation of all medical laboratories, private and public hospitals
that perform lead determination tests on human blood or other tissues;
(b) Will, subject to Section 7.2 of this Act, provide laboratory
testing of blood specimens for lead content, to any physician, hospital,
clinic, free clinic, municipality or private organizations that cannot
secure or provide the services through other sources. The Department
shall not assume responsibility for blood lead analysis required in
programs currently in operation;
(c) Will develop or encourage the development of appropriate
programs and studies to identify sources of lead intoxication and assist
other entities in the identification of lead in children's blood and the
sources of that intoxication;
(d) May provide technical assistance and consultation to local,
county or regional governmental or private agencies for the promotion
and development of lead poisoning prevention programs.
(e) Will provide recommendations by the Department on the subject
of identification and treatment for lead poisoning.
(f) Will maintain a clearinghouse of information and will develop
additional educational materials on lead hazards to children, lead
poisoning prevention, lead poisoning screening, lead mitigation,
abatement and disposal, and on health hazards during abatement. The
Department shall make this information available to the general public.
(Source: P.A. 87-175; 87-1144.)
(410 ILCS 45/15)
Sec. 15. Other relief. Nothing in this Act shall be interpreted or
applied in any manner to defeat or impair the right of any person,
entity, municipality or other political subdivision to maintain an
action or suit for damages sustained or for equitable relief, or for
violation of an ordinance by reason of or in connection with any
violation of this Act. The failure to remove lead based substances
within the time prescribed by this Act shall be prima facie evidence of
negligence in any action brought to recover damages for injuries
incurred after the expiration of that period. This Act shall not
prohibit any city, village, incorporated township or other political
subdivision from enacting and enforcing ordinances establishing a system
of lead poisoning control which provide the same or higher standards
than those set forth in this Act.
(Source: P. A. 87-175.)
(410 ILCS 45/16)
Sec. 16. Effect of invalid provisions or applications of Act. If
any provision of this Act or the application of this Act to any person
or circumstances shall be held invalid, the invalidity shall not affect
the provisions or application of this Act that can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.
(Source: P. A. 87-175.)
(410 ILCS 45/17)
Sec. 17. This Act takes effect upon its becoming a law.
(Source: P.A. 78-560.)