Illinois Compiled Statutes 410 ILCS 45 — Lead Poisoning Prevention Act.

Short title

Short title. This Act may be cited as the Lead Poisoning Prevention Act. (Source: P.A. 87-175.)

Definitions

Definitions. As used in this Act: "Child care facility" means any structure used by a child care provider licensed by the Department of Children and Family Services or public or private school structure frequented by children 6 years of age or younger. "Childhood Lead Risk Questionnaire" means the questionnaire develop…

Lead-bearing substance use

Lead-bearing substance use. No person shall use or apply lead-bearing substances: (a) in or upon any exposed surface of a regulated facility; (b) (blank); (c) in or upon any fixtures or other objects used, installed, or located in or upon any exposed surface of a regulated facility, or intended to be so used, installed…

Sale of items containing lead-bearing substance

Sale of items containing lead-bearing substance. No person shall sell, have, offer for sale, or transfer toys, furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, or other articles used by or intended to be chewable by children that contain a lead-bearing subst…

Sale of objects containing lead-bearing substance

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 regulated facility that contain a lead-bearing substance and that, in the ordinary course of use, are acc…

Warning statement

Warning statement. (a) Definitions. As used in this Section: "Body piercing jewelry" means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane. "Children's jewel…

Warning statement where supplies sold

Warning statement where supplies sold. (a) Any retailer, store, or commercial establishment that offers paint or other supplies intended for the removal of paint shall display, in a prominent and easily visible location, a poster containing, at a minimum, the following: (1) a statement that dry sanding and dry scraping…

Removal of leaded soil

Removal of leaded soil. The Department shall, in consultation with the Illinois Environmental Protection Agency, specify safety guidelines for workers undertaking removal or covering of leaded soil. Soil inspection requirements shall apply to inspection of regulated facilities subject to the requirements of this Sectio…

Testing children and pregnant persons

Testing children and pregnant persons. (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 an area defined as high risk by the Department. Children res…

Information provided by the Department of Healthcare and Family Services

Information provided by the Department of Healthcare and Family Services. (a) The Director of Healthcare and Family Services shall provide, upon request of the Director of Public Health, an electronic record of all children 6 years of age or younger who receive Medicaid, Kidcare, or other health care benefits from the…

Reports of lead poisoning required; lead information to remain confidential; disclosure prohibited

Reports of lead poisoning required; lead information to remain confidential; disclosure prohibited. Every physician who diagnoses, or a health care provider, nurse, hospital administrator, or public health officer who has verified information of the existence of a blood lead test result for any child or pregnant person…

Requirements for early care and education providers

Requirements for early care and education providers. Each early care and education center, early care and education home, preschool, nursery school, kindergarten, or other early care and education, licensed or approved by the State, including such programs operated by a public school district, shall include a requireme…

Fees; reimbursement; Lead Poisoning Screening, Prevention, and Abatement Fund

Fees; reimbursement; Lead Poisoning Screening, Prevention, and Abatement 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 test…

Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level

Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level. A representative of the Department, or delegate agency, shall, after notification that an occupant of a regulated facility is found to have an elevated blood lead level as set forth in Section 7, upon presentatio…

Licensing of lead inspectors and lead risk assessors

Licensing of lead inspectors and lead risk assessors. (a) The Department shall establish standards and licensing procedures for lead inspectors and lead risk assessors. An integral element of these procedures shall be an education and training program prescribed by the Department, which shall include, but not be limite…

Warrant procedures

Warrant procedures. If the occupant of a regulated facility 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 receiving verification that a victim of le…

Stop work orders

Stop work orders. 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 limi…

Procedures upon determination of lead hazard

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 o…

Owner's obligation to give notice

Owner's obligation to give notice. An owner of a regulated facility who has received a mitigation notice under Section 9 of this Act shall, before the renewal of an existing lease agreement or before entering into a new sales contract for the dwelling unit for which the mitigation notice was issued: (1) provide the cur…

Owner's obligation to post notice

Owner's obligation to post notice. The owner of a regulated facility who has received a mitigation notice under Section 9 of this 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 th…

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 regulated facility is located. The State's Attorney has the authority to charge the owner with a Cla…

Lead abatement; mitigation of lead hazards

Lead abatement; mitigation of lead hazards. All lead abatement and lead mitigation shall be accomplished in a manner prescribed by the Department, which will not endanger the health or well-being of occupants of regulated facilities, and will result in the safe removal from the premises, and the safe disposition, of fl…

Advisory Council

Advisory Council. (a) The General Assembly finds the following: (1) Lead-based paint poisoning is a potentially devastating but preventable disease and is the number one environmental threat to children's health in the United States. (2) The number of lead-poisoned children in Illinois is among the highest in the natio…

Licensing of lead abatement contractors, lead abatement supervisors, and lead abatement workers

Licensing of lead abatement contractors, lead abatement supervisors, and lead abatement workers. Except as otherwise provided in this Act, performing lead abatement or mitigation without a license is a Class A misdemeanor and is also subject to civil and administrative penalties. The Department shall provide by rule fo…

Attorney General and State's Attorney report to General Assembly

Attorney General and State's Attorney report to General Assembly. The Attorney General and State's Attorney offices shall report to the General Assembly annually the number of lead poisoning cases that have been referred by the Department for enforcement due to violations of this Act or for failure to comply with a not…