Bill Text: IL HB5791 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Lead Poisoning Prevention Act to provide that if an inspection report identifies a lead hazard, then lead abatement must be conducted before any construction to or demolition of the dwelling or residential building may occur.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5791 Detail]
Download: Illinois-2013-HB5791-Introduced.html
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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Lead Poisoning Prevention Act is amended by | |||||||||||||||||||
5 | changing Section 9 as follows:
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6 | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
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7 | Sec. 9. Procedures upon determination of lead hazard.
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8 | (1) If the inspection report identifies a lead hazard, the | |||||||||||||||||||
9 | Department or
delegate agency shall serve a mitigation notice | |||||||||||||||||||
10 | on the property owner that the
owner is required to mitigate | |||||||||||||||||||
11 | the lead hazard, and shall indicate the time
period specified | |||||||||||||||||||
12 | in this Section in which the owner must complete the
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13 | mitigation. The notice shall include information describing | |||||||||||||||||||
14 | mitigation
activities which meet the requirements of this Act.
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15 | (2) If the inspection report identifies a lead hazard, the | |||||||||||||||||||
16 | owner shall
mitigate the lead hazard in a manner prescribed by | |||||||||||||||||||
17 | the Department and within
the time limit prescribed by this | |||||||||||||||||||
18 | Section. The Department shall adopt rules
regarding acceptable | |||||||||||||||||||
19 | methods of mitigating a lead hazard. If the source of the
lead | |||||||||||||||||||
20 | hazard identified in the inspection report is lead paint or any | |||||||||||||||||||
21 | other
leaded surface coating, the lead hazard shall be deemed | |||||||||||||||||||
22 | to have been mitigated
if:
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23 | (A) The surface identified as the source of the hazard |
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1 | is no longer in
a condition that produces a hazardous level | ||||||
2 | of leaded chips, flakes, dust
or any other form of leaded | ||||||
3 | substance, that can be ingested or inhaled by
humans, or;
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4 | (B) If the surface identified as the source of the | ||||||
5 | hazard is accessible
to children and could reasonably be | ||||||
6 | chewed on by children, the surface
coating is either | ||||||
7 | removed or covered, the surface is removed, or the access
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8 | to the leaded surface by children is otherwise prevented as | ||||||
9 | prescribed
by the Department.
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10 | (3) Mitigation activities which involve the destruction or | ||||||
11 | disturbance of
any leaded surface shall be conducted by a | ||||||
12 | licensed lead abatement contractor
using licensed lead | ||||||
13 | abatement workers. The Department may prescribe by rule
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14 | mitigation activities that may be performed without a licensed | ||||||
15 | contractor or
worker. The Department may, on a case by case | ||||||
16 | basis, grant a waiver of the
requirement to use licensed lead | ||||||
17 | abatement contractors and workers, provided
the waiver does not | ||||||
18 | endanger the health or safety of humans.
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19 | (4) The Department shall establish procedures whereby an | ||||||
20 | owner,
after receiving a mitigation notice under this Section, | ||||||
21 | may submit a
mitigation plan to the Department or delegate | ||||||
22 | agency for review and approval.
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23 | (5) When a mitigation notice is issued for a dwelling unit | ||||||
24 | inspected as a
result of an elevated blood lead level in a | ||||||
25 | pregnant woman or a child, or if
the dwelling unit is occupied | ||||||
26 | by a child under 6 years of age or a pregnant
woman, the owner |
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1 | shall mitigate the hazard within 30 days of receiving the
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2 | notice; otherwise, the owner shall complete the mitigation | ||||||
3 | within 90 days.
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4 | (6) An owner may apply to the Department or its delegate | ||||||
5 | agency
for an extension of the deadline for mitigation. If the | ||||||
6 | Department or its
delegate agency determines that the owner is | ||||||
7 | making substantial progress
toward mitigation, or that the | ||||||
8 | failure to meet the deadline is the result
of a shortage of | ||||||
9 | licensed abatement contractors or workers, or that the
failure | ||||||
10 | to meet the deadline is because the owner is awaiting the | ||||||
11 | review
and approval of a mitigation plan, the Department or | ||||||
12 | delegate agency may
grant an extension of the deadline.
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13 | (7) The Department or its delegate agency may, after the | ||||||
14 | deadline set for
completion of mitigation, conduct a follow-up | ||||||
15 | inspection of any dwelling for
which a mitigation notice was | ||||||
16 | issued for the purpose of determining whether the
mitigation | ||||||
17 | actions required have been completed and whether the activities | ||||||
18 | have
sufficiently mitigated the lead hazard as provided under | ||||||
19 | this Section. The
Department or its delegate agency may conduct | ||||||
20 | a follow-up inspection upon the
request of an owner or | ||||||
21 | resident. If, upon completing the follow-up inspection,
the | ||||||
22 | Department or its delegate agency finds that the lead hazard | ||||||
23 | for which the
mitigation notice was issued is not mitigated, | ||||||
24 | the Department or its delegate
agency shall serve the owner | ||||||
25 | with notice of the deficiency and a mitigation
order. The order | ||||||
26 | shall indicate the specific actions the owner must
take to |
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1 | comply with the mitigation requirements of this Act, which may
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2 | include abatement if abatement is the sole means by which the | ||||||
3 | lead hazard
can be mitigated. The order shall also include the | ||||||
4 | date by which the
mitigation shall be completed. If, upon | ||||||
5 | completing the follow-up
inspection, the Department or | ||||||
6 | delegate agency finds that the mitigation
requirements of this | ||||||
7 | Act have been satisfied, the Department or delegate
agency | ||||||
8 | shall provide the owner with a certificate of compliance | ||||||
9 | stating
that the required mitigation has been accomplished.
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10 | (8) If an inspection report identifies a lead hazard, then | ||||||
11 | lead abatement must be conducted before any construction to or | ||||||
12 | demolition of the dwelling or residential
building may occur. | ||||||
13 | (Source: P.A. 87-175; 87-1144.)
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