Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 45/ - Lead Poisoning Prevention Act.

(410 ILCS 45/1) (from Ch. 111 1/2, par. 1301)
Sec. 1.
Short title.
This Act may be cited
as the Lead Poisoning Prevention Act.

(Source: P.A. 87-175.)
 
(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
Sec. 2. 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 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.
"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.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a residential building used as living quarters for one household.
"Elevated blood lead level" means a blood lead level in excess of the limits established under State rules.
"Exposed surface" means any interior or exterior surface of
a regulated facility.
"High risk area" means an area in the State determined by the Department to
be high risk for lead exposure for children 6 years of age or younger. The
Department may consider, but is not 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.
"Lead abatement" means any approved work practices that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility. The Department shall establish by rule which work practices are approved or prohibited for lead abatement.
"Lead abatement contractor" means any person or entity licensed by the
Department to perform lead abatement and mitigation.
"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.
"Lead abatement worker" means any person employed by a lead abatement
contractor and licensed by the Department to perform lead abatement and
mitigation.
"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.
"Lead-bearing substance" means any item containing or coated with lead such that the lead content is more than six-hundredths of one percent (0.06%) lead by total weight; or any dust on surfaces or in
furniture or other nonpermanent elements of the regulated facility; or any paint or
other surface coating material containing more than five-tenths of one
percent (0.5%) lead by total 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 rule; or more than 1 milligram per square centimeter in the dried
film of paint or previously applied substance; or item or dust on item containing lead in
excess of the amount specified in the rules authorized by
this Act 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.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that involves limited dust and paint sampling for lead-bearing substances and lead hazards. This service is used as a screening tool designed to determine if further lead investigative services are required for the regulated facility.
"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint.
"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 compliance investigations.
"Lead 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.
"Lead poisoning" means having an elevated blood lead level.
"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 compliance investigations.
"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, water, and sources for lead-bearing substances; and to conduct compliance investigations.
"Lead training program provider" means any person providing Department-approved lead training in Illinois to individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6 years of age or younger. The Department may consider the factors named in "high risk area" to determine low
risk areas.
"Owner" means any person, who alone, jointly, or severally with
others:
"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.
"Regulated facility" means a residential building or child care facility.
"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.


(Source: P.A. 100-723, eff. 1-1-19.)
 
(410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)
Sec. 3. 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, or located and that, in the ordinary course of
use, are accessible to or chewable by children;
(d) in or upon any items, including, but not limited to, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, toys, furniture, or other articles used by or intended to be

chewable by children;
(e) within or upon a regulated facility, playground, park, or recreational
area, or other areas regularly frequented by children.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
Sec. 4. 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 substance.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
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 regulated facility that contain
a lead-bearing substance and that, in the ordinary course of use,
are accessible to or chewable by children.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
Sec. 6. 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 jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of 12 and includes jewelry that meets any of the following conditions:
"Child care article" means an item that is designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children 6 years of age or younger or to help with children 6 years of age or younger who are sucking or teething. An item meets this definition if it is (i) designed or intended to be used directly in the mouth by the child or (ii) is used to facilitate sleep, relaxation, or feeding of children 6 years of age or younger or help with children 6 years of age or younger who are sucking or teething and, because of its proximity to the child, is likely to be mouthed, chewed, sucked, or licked.
"Jewelry" means any of the following ornaments worn by a person:
"Toy containing paint" means a toy with an accessible component containing any external coating, including, but not limited to, paint, ink, lacquer, or screen printing, designed for or intended for use by children under the age of 12 at play. For the purposes of this Section, "toy" is any object designed, manufactured, or marketed as a plaything for children under the age of 12 and is excluded from the definitions of "child care article" and "jewelry". In determining whether a toy containing paint is designed for or intended for use by children under the age of 12, the following factors shall be considered:
(b) Children's products. Effective January 1, 2010, no person, firm, or corporation shall sell, have, offer for sale, or transfer the items listed in this Section that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) but less than 0.06% (600 parts per million) by total weight or a lower standard for lead content as may be established by federal or State law or rule unless that item bears a warning statement that indicates that at least one component part of the item contains lead.
The warning statement for items covered under this subsection (b) shall contain at least the following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS.".
An entity is in compliance with this subsection (b) if the warning statement is provided on the children's product or on the label on the immediate container of the children's product.
This subsection (b) does not apply to any product for which federal law governs warning in a manner that preempts State authority.
The warning statement required under this subsection (b) is not required if the component parts of the item containing lead are inaccessible to a child through normal and reasonably foreseeable use and abuse as defined by the United States Consumer Product Safety Commission.
The warning statement required under this subsection (b) is not required if the component parts in question are exempt from third-party testing as determined by the United States Consumer Product Safety Commission.
(c) Other lead-bearing substance. 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, except as otherwise provided in subsection (b) of this Section, unless it bears the warning statement as
prescribed by federal rule. (i) If no rule is prescribed, the
warning statement shall be as follows when the lead-bearing substance is a lead-based paint or surface coating: "WARNING--CONTAINS LEAD. 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.". (ii) If no rule is prescribed, the warning statement shall be as follows when the lead-bearing substance contains lead-based paint or a form of lead other than lead-based paint: "WARNING CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
For the purposes of this subsection (c), the generic term of a product, such as "paint" may be substituted
for the word "substance" in the above labeling.
(d) The warning statements on items covered in subsections (a), (b), and (c) of this Section shall be in accordance with, or substantially similar to, the following:
Compliance with 16 C.F.R. 1500.121 adopted under the Federal Hazardous Substances Act constitutes compliance with this subsection (d).
(e) The manufacturer or importer of record shall be responsible for compliance with this Section.
(f) Subsection (c) of this Section does not apply to any component part of a consumer electronic product, including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen used to access interactive software and their associated peripherals, that is not accessible to a child through normal and reasonably foreseeable use of the product. A component part is not accessible under this subsection (f) if the component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Paint, coatings, and electroplating, singularly or in any combination, are not sufficient to constitute a sealed covering or casing for purposes of this Section. Coatings and electroplating are sufficient to constitute a sealed covering for connectors, power cords, USB cables, or other similar devices or components used in consumer electronics products.

(Source: P.A. 97-612, eff. 1-1-12; 98-690, eff. 1-1-15.)
 
(410 ILCS 45/6.01)
Sec. 6.01. 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:
(b) The Department shall provide sample posters and brochures that commercial establishments may use. The Department shall make these posters and brochures available in hard copy and via download from the Department's Internet website.
(c) A commercial establishment shall be deemed to be in compliance with this Section if the commercial establishment displays lead poisoning prevention posters or provides brochures to its customers that meet the minimum requirements of this Section but come from a source other than the Department.


(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)
Sec. 6.1. 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 Section.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
Sec. 6.2. 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 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 tested if indicated. Children shall be evaluated in accordance with rules adopted by the Department.
(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.
(c) Children 7 years and older and pregnant persons may also be tested by physicians or
health care providers, in accordance with rules adopted by the Department. Physicians and health care providers shall also evaluate
children for lead poisoning in conjunction with the school health
examination, as required under the School Code, when, in the medical judgment
of the physician, advanced practice registered nurse, or
physician
assistant, the child is potentially at high risk of lead poisoning.
(d) (Blank).

(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
(410 ILCS 45/6.3)
Sec. 6.3. 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 Department of Healthcare and Family Services. The records shall include a history of claims filed for each child and the health care provider who rendered the services. On at least an annual basis, the Director of Public Health shall match the records provided by the Department of Healthcare and Family Services with the records of children receiving lead tests, as reported to the Department under Section 7 of this Act.
(b) The Director of Healthcare and Family Services shall prepare a report documenting the frequency of lead testing and elevated blood and lead levels among children receiving benefits from the Department of Healthcare and Family Services. On at least an annual basis, the Director of Healthcare and Family Services shall prepare and deliver a report to each health care provider who has rendered services to children receiving benefits from the Department of Healthcare and Family Services. The report shall contain the aggregate number of children receiving benefits from the Department of Healthcare and Family Services to whom the provider has provided services, the number and percentage of children tested for lead poisoning, and the number and percentage of children having an elevated blood lead level. The Department of Public Health may exclude health care providers who provide specialized or emergency medical care and who are unlikely to be the primary medical care provider for a child. Upon the request of a provider, the Department of Public Health may generate a list of individual patients treated by that provider according to the claims records and the patients' lead test results.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)
Sec. 7. 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 shall report the result to the Department. Results identifying an elevated blood lead level shall be reported to the Department within 48 hours of receipt of
verification. Reports
shall include the name, address, laboratory results, date
of birth, and any other information about the child or pregnant person deemed essential by
the Department. Directors of clinical laboratories must report to the
Department, within 48 hours of receipt of verification, all
blood
lead analyses equal to or above an elevated blood lead level 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 blood lead levels less than an elevated blood lead level 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 results
are obtained. All information obtained by the Department from any source and all information, data, reports, e-mails, letters, and other documents generated by the Department or any of its delegate agencies concerning any person subject to this Act receiving a blood lead test
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 and shall not be disclosed. This prohibition on disclosure extends to all information and reports obtained or created by the Department or any of its delegate agencies concerning any regulated facility that has been identified as a potential lead hazard or a source of lead poisoning. This prohibition on disclosure does not prevent the Department or its delegates from using any information it obtains civilly, criminally, or administratively to prosecute any person who violates this Act, nor does it prevent the Department or its delegates from disclosing any certificate of compliance, notice, or mitigation order issued pursuant to this Act. 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. 100-723, eff. 1-1-19.)
 
(410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
Sec. 7.1. Requirements for child care facilities. 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 one and 7
years of age provide a statement from a physician or health care provider that the
child has been assessed for risk of lead poisoning or tested or both, as provided in Section 6.2. This statement shall be
provided prior to admission and subsequently in conjunction with required
physical examinations.
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 poisoning. Pamphlets shall be produced and made available by the Department and shall be downloadable from the Department's Internet website. The Department of Human Services and the Department of Public Health shall assist in the distribution of the pamphlet.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
Sec. 7.2. 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 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 for the implementation and enforcement of this Act.
(b) The Department shall certify, as required by the Department of Healthcare and Family Services, any non-reimbursed public expenditures for all approved lead testing and evaluation activities for Medicaid-eligible children expended by the Department from the non-federal portion of funds, including, but not limited to, assessment of home, physical, and family environments; comprehensive environmental lead investigation; and laboratory services for Medicaid-eligible children. The Department of Healthcare and Family Services shall provide appropriate Current Procedural Terminology (CPT) Codes for all billable services and claim federal financial participation for the properly certified public expenditures submitted to it by the Department. Any federal financial participation revenue received pursuant to this Act shall be deposited in the Lead Poisoning Screening, Prevention, and Abatement Fund.
(c) Any delegate agency may establish fees, according to a reasonable
fee structure, to cover the costs of drawing blood for blood lead testing and evaluation
and any necessary follow-up.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
Sec. 8. 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
presentation of the appropriate credentials to the owner, occupant, or his
representative, inspect the affected 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 regulated facilities.
If a regulated facility is occupied by a child of less than 3 years
of age with an elevated blood lead level, the Department, in addition to all
other requirements of this Section, must inspect the dwelling
unit and common place area of the child with an elevated blood lead level.
Following the inspection, the Department or its delegate agency shall:
(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
Sec. 8.1. 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 limited to scientific sampling,
chemistry, and construction techniques. No person shall make inspections or risk assessments
without first being licensed by the Department. The penalty for inspection or risk assessment
without a license shall be a Class A misdemeanor and an administrative fine.
(b) The Department shall charge licensed lead inspectors and lead risk assessors 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 lead inspectors and lead risk assessors and any other activities prescribed by this Act. A licensed lead
inspector or lead risk assessor employed by the Department or its delegate agency shall not be
charged a license fee.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/8.2) (from Ch. 111 1/2, par. 1308.2)
Sec. 8.2. 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 lead poisoning
resides or has recently resided in the regulated
facility during the previous 6 months.
The findings of the inspection shall be reported to the
Department and to the appropriate enforcement authorities
established in this Act.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/8.3)
Sec. 8.3. 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 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 this Act, 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 thereof. 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.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
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 lead-bearing
surface coating, the lead hazard shall be deemed to have been mitigated
if:
(3) Mitigation activities which involve the destruction or disturbance of
any lead-bearing surface shall be conducted by a licensed lead abatement contractor
using licensed lead abatement supervisors or lead abatement workers. The Department may prescribe by rule
mitigation activities that may be performed without a licensed lead abatement contractor, lead abatement supervisor, or lead abatement
worker. The Department may, on a case by case basis, grant a waiver of the
requirement to use licensed lead abatement contractors, lead abatement supervisors, and lead abatement 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 person or a child, or if
the dwelling unit is occupied by a child 6 years of age or younger or a pregnant person, the owner shall mitigate the hazard within 30 days of receiving the
notice; when no such child or pregnant person occupies the dwelling unit, 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 lead abatement contractors, lead abatement supervisors, or lead abatement 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 shall, after the deadline set for
completion of mitigation, conduct a follow-up inspection of any dwelling unit 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 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 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. 102-771, eff. 1-1-23.)
 
(410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
Sec. 9.1. 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:
An owner of a regulated facility who has received a mitigation notice under Section 9 of this Act or an owner of a regulated facility who has purchased the facility from an owner who has received a mitigation notice under Section 9 of this Act and who also receives notice as provided in paragraph (1) of this Section shall, before entering into a new lease agreement for the dwelling unit for which the mitigation notice was issued, mitigate the lead hazard previously identified in the regulated facility and obtain a certificate of compliance under Section 9. For purposes of determining compliance with this Act, the date of the mitigation notice for an owner of a regulated facility who has purchased the facility from an owner subject to this Section and who also receives notice as provided for in paragraph (1) of this Section shall be deemed to be the date of the sale as provided for in paragraph (2) of this Section.
Before entering into a residential lease agreement or sales contract, all owners
of regulated facilities containing dwelling units built before 1978
shall give prospective lessees or purchasers information on the potential
health hazards posed by lead in regulated facilities by providing
prospective lessees or purchasers with a copy of an informational brochure prepared by the
Department and shall be consistent with the requirements set forth in 40 CFR Part 745, Subpart F.

(Source: P.A. 98-690, eff. 1-1-15; 99-790, eff. 1-1-17.)
 
(410 ILCS 45/9.2)
Sec. 9.2. (Repealed).

(Source: P.A. 94-879, eff. 6-20-06. Repealed by P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/9.3)
Sec. 9.3. (Repealed).

(Source: P.A. 94-879, eff. 6-20-06. Repealed by P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/9.4)
Sec. 9.4. 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 the notification of lead hazards, shall indicate the following:
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.


(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
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
regulated facility is located. The State's Attorney has the authority to charge the owner with a Class
A misdemeanor, and shall take additional measures to ensure that rent is
withheld from the owner by the occupants of the dwelling units
affected, until the mitigation requirements under Section 9 of this Act are
complied with.
No tenant shall be evicted because rent is withheld under the provisions of this Act, or because of
any action required of the owner of the regulated facility as a result of enforcement of
this Act.


(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
(410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)
Sec. 11. 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 flakes, chips, debris,
dust, and other potentially harmful materials. The Department shall establish, by rule, work practice requirements for lead abatement and lead mitigation.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/11.05)
Sec. 11.05. Advisory Council.
(a) The General Assembly finds the following:
(b) For purposes of this Section:
"Advisory Council" means the Lead-Safe Housing Advisory
Council created under subsection (c).
"Lead-Safe Housing Maintenance Standards" or "Standards"
means standards developed by the Advisory Council pursuant
to this Section.
"Low-income" means a household at or below 80% of the median
income level for a given county as determined annually by
the United States Department of Housing and Urban
Development.
"Primary prevention" means removing lead hazards before a child is
poisoned
rather than relying on identification of a lead poisoned child as the
triggering event.
(c) The Lead-Safe Housing Advisory
Council is created to advise the Department on lead poisoning prevention
activities. The Advisory Council shall be
chaired by the Director or his or her designee and the chair of the Illinois
Lead Safe Housing Task Force and provided with administrative support by the
Department. The Advisory Council shall be comprised of (i) the directors, or
their designees, of the Illinois Housing Development Authority and the
Environmental Protection Agency; and (ii) the directors, or their designees,
of public health departments of counties identified by the Department that
contain communities with a concentration of
high-risk, lead-contaminated properties.
The Advisory Council shall also include the following members appointed by
the Governor:
Within 9 months after its
formation, the Advisory Council
shall submit a written report to the Governor and the General Assembly on:
The Advisory Council shall develop handbooks and training for property owners
and tenants
explaining the Standards and State and federal requirements for
lead-safe housing.
The Advisory Council shall meet at least quarterly. Its members shall
receive no compensation for
their services, but their reasonable travel expenses actually incurred shall be
reimbursed by the Department.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)
Sec. 11.1. 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 for the licensing of lead
abatement contractors, lead abatement supervisors, and lead abatement workers and shall establish rules
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 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.
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 rules adopted
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.
No person may act as a lead abatement contractor unless the person is licensed as a lead abatement contractor by the Department in accordance with this Act and the rules adopted under it.
No person may act as a lead abatement supervisor unless the person is licensed as a lead abatement supervisor by the Department in accordance with this Act and the rules adopted under it.
No person may act as a lead abatement worker unless the person is licensed as a lead abatement worker by the Department in accordance with this Act and the rules adopted under it.
Except as otherwise provided by Department rule, on and after the effective date of this amendatory Act of the 98th General Assembly, any licensing requirement adopted pursuant to this Section that may be satisfied by an industrial hygienist licensed pursuant to the Industrial Hygienists Licensure Act repealed in this amendatory Act may be satisfied by a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
(Source: P.A. 98-78, eff. 7-15-13; 98-690, eff. 1-1-15.)
 
(410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)
Sec. 11.2.
(Repealed).


(Source: P.A. 92-447, eff. 8-21-01. Repealed by P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)
Sec. 12. (Repealed).

(Source: P.A. 96-1137, eff. 7-21-10. Repealed by P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/12.1)
Sec. 12.1. 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 notice of deficiency and mitigation order issued pursuant to subsection (7) of Section 9 of this Act.

(Source: P.A. 94-879, eff. 6-20-06.)
 
(410 ILCS 45/12.2)
Sec. 12.2. Violations and enforcement.
(a) The following provisions shall apply concerning criminal sanctions:
(b) The Department is authorized to assess administrative civil fines against any licensee or any other person who violates this Act or the rules adopted under this Act. These fines may be assessed in addition to or in lieu of license suspensions or revocations and in addition to or in lieu of criminal sanctions. The amount of the administrative civil fine shall be determined by rules adopted by the Department. Each day a violation exists shall constitute a separate violation. The minimum civil fine shall be $50 per violation per day and the maximum civil fine shall be $5,000 per violation per day. Any civil fines so collected shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund established under Section 7.2 of this Act.
(c) The Director, after notice and opportunity for hearing, may deny, suspend, or revoke a license of a licensee or fine a licensee or any other person who has violated this Act or the rules adopted under this Act. Notice shall be provided by certified mail, return receipt requested, or by personal service, fixing a date, not less than 15 days from the date of such mailing or service, at which time the person shall be given an opportunity to request a hearing. Failure to request a hearing within that time period constitutes a waiver of the right to a hearing. The hearing shall be conducted by the Director or by an individual designated in writing by the Director as a hearing officer to conduct the hearing. On the basis of any such hearing or upon default of the respondent, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the respondent.
(d) The procedure governing hearings authorized by this Section shall be in accordance with rules adopted by the Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and hearing officer. All testimony shall be reported, but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. The Director or hearing officer shall, upon his or her own motion or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses and subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Director or hearing officer, the fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Department in its discretion may require a deposit to cover the cost of such service and witness fees. A subpoena or subpoena duces tecum so issued pursuant to this subsection (d) shall be served in the same manner as a subpoena issued by a circuit court.
(e) Any circuit court of this State, upon the application of the Director or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda, and the giving of testimony before the Director or hearing officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.
(f) All final administrative decisions of the Department under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted under it. "Administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure. The Department is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of $2 per page representing the costs of the certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action.
(g) The State's Attorney of the county in which the violation occurred or the Attorney General shall bring such actions in the name of the people of the State of Illinois and may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, impose civil penalties, and enjoin the operation of any such person or establishment.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)
Sec. 13.
The Department is authorized to adopt reasonable
rules for carrying out the provisions of this Act.

(Source: P.A. 98-690, eff. 1-1-15.)
 
(410 ILCS 45/13.1) (from Ch. 111 1/2, par. 1313.1)
Sec. 13.1. Illinois Administrative Procedure 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. 97-333, eff. 8-12-11.)
 
(410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
Sec. 14. Departmental rules and activities. The Department shall
establish and publish rules governing permissible
limits of lead in and about regulated facilities.
No later than 180 days after the effective date of this amendatory Act of the 100th General Assembly, the Department shall submit proposed amended rules to the Joint Committee on Administrative Rules to update: the definition of elevated blood lead level to be in accordance with the most recent childhood blood lead level reference value from the federal Centers for Disease Control and Prevention; the current requirements for the inspection of regulated facilities occupied by children based on the updated definition of elevated blood lead level or the history of lead hazards; and any other existing rules that will assist the Department in its efforts to prevent, reduce, or mitigate the negative impact of instances of lead poisoning among children. The changes made to this Section by this amendatory Act of the 100th General Assembly do not preclude subsequent rulemaking by the Department.
The Department shall also initiate activities that:
(Source: P.A. 100-723, eff. 1-1-19.)
 
(410 ILCS 45/15) (from Ch. 111 1/2, par. 1315)
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 45/15.1)
Sec. 15.1. Funding. Beginning July 1, 2014 and ending June 30, 2015, a hospital satisfying the definition, as of July 1, 2014, of Section 5-5e.1 of the Illinois Public Aid Code and located in DuPage County shall pay the sum of $2,000,000 annually in 4 equal quarterly installments to the human poison control center in existence as of July 1, 2014 and established under the authority of this Act.

(Source: P.A. 98-651, eff. 6-16-14; 99-516, eff. 6-30-16.)
 
(410 ILCS 45/16) (from Ch. 111 1/2, par. 1316)
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) (from Ch. 111 1/2, par. 1317)
Sec. 17.
This Act takes effect upon its becoming a law.

(Source: P.A. 78-560.)

Structure Illinois Compiled Statutes