Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 845 - LEAD POISONING PREVENTION CODE › Subpart A - GENERAL PROVISIONS › Section 845.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the following terms have the
				  meanings ascribed in this Section.
"Act" means the Lead Poisoning Prevention Act [ 410 ILCS 45
				  ].
"Blood Lead Test" means a blood lead testing by venous or
				  capillary methodology.
"Case Management" means any activity that involves
				  coordinating, providing and overseeing the services required to reduce blood
				  lead levels.
"CDC" means the Centers for Disease Control and
				  Prevention.
"Child" means a person under the age of 16.
"Child Care Facility
and School
"
				  means any structure used by a child care provider
required to be
licensed by the Department of Children and Family Services or
charter,
public or private school structure frequented by children 6
				  years of age or younger.
(Section 2 of the Act)
"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.
(Section 2 of the Act)
"Common Area" means a portion of a regulated facility that is
				  generally accessible to all occupants, including, but not limited to, hallways,
				  stairways, laundry rooms, playgrounds, garages, and boundary fences.
"Complete Address" means an address that states the full
				  street name, street number, unit number, city, state and zip code. A post
				  office box number with city, state and zip code does not constitute a "complete
				  address".
"Confirmed Blood Lead Level" means a blood lead level
				  resulting from a single venous blood lead test. Elevated capillary blood test
				  results shall be confirmed by a venous test.
"Delegate Agency" means a unit of local government or
				  health department approved by the Department in
accordance with
				  Section
				  845.50
				  of this Part
to carry out the provisions of
the
Act.
(Section 2 of the Act)
"Department" means the Department of Public Health of
				  the State of Illinois.
(Section 2 of the Act)
"Director" means the Director of Public
				  Health
. (Section 2 of the Act)
"Dwelling Unit" means an individual unit within a
				  residential building used
or intended to be used
as living
				  quarters for one household.
(Section 2 of the Act)
"Elevated Blood Lead Level" or "EBL" means a blood lead level
				  greater than or equal to 5 micrograms per deciliter (µg/dL) of whole
				  blood.
"EBL Inspection" means a lead inspection, lead risk
				  assessment, and any necessary follow-up in a regulated facility to determine
				  the sources of lead exposure. EBL inspections shall only be performed by the
				  Department or delegate agency personnel licensed as a lead risk
				  assessor.
"Final Clearance Evaluation" means the activity of performing
				  a visual assessment and collecting dust wipe samples following a lead abatement
				  or lead mitigation for the purpose of determining compliance with the
				  Department's standard for lead dust levels to ensure that lead hazard control
				  work was successfully completed.
"Health Care Provider" means any person providing health care
				  services to children, including, but not limited to, anyone who is authorized
				  pursuant to the Illinois Clinical Laboratory and Blood Bank Act [ 210 ILCS 25 ]
				  to request the testing of specimens.
"HEPA" means a high efficiency particulate air filter capable
				  of trapping and retaining 99.97 percent of particles greater than 0.3
				  micrometers in mass median aerodynamic equivalent diameter.
"HUD" means United States Department of Housing and Urban
				  Development.
"Intact Surface" means a surface with no loose, peeling,
				  chipping, flaking, or otherwise separating from substrate. Intact surfaces must
				  not be damaged or worn down in any way that would make paint or debris
				  accessible to children.
"Lead Abatement" means any approved work
				  practices
found in Subpart F
that will permanently eliminate
				  lead exposure or remove the lead-bearing substances in a regulated
				  facility
. (Section 2 of the Act)
"Lead Abatement Contractor" means any person or
				  entity licensed by the Department to perform lead abatement and
				  mitigation.
(Section 2 of the Act)
"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.
(Section 2 of the Act)
"Lead Abatement Worker" means any person employed by
				  a lead abatement contractor and licensed by the Department to perform lead
				  abatement and
lead
mitigation.
(Section 2 of the
				  Act)
"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.
(Section 2
				  of the Act)
"Lead Bearing Substance" means any item
or
				  part of an item, excluding existing paint already applied to a regulated
				  facility,
containing or coated with lead such that the lead content
				  is
greater than or equal to 90 ppm;
or any dust on surfaces or
				  in furniture or other non-permanent elements of the regulated facility
with lead content in excess of the limits specified in Section
				  845.205(c);
				  or any accessible or bare soil containing lead in excess of the limits
				  specified in Section
				  845.205(b);
or any existing house paint or other surface coating material
				  containing
greater than or equal to
0.5 % lead
or
				  greater than or equal to 1.0 mg/cm2 lead; or paint
				  or consumer product that exceeds federal Consumer Products Safety Commission or
				  USEPA or HUD standards;
or item or dust on item containing lead in
				  excess of the amount specified in
this Part
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.
(Section 2 of the Act)
"Lead Hazard" means a lead-bearing substance that
				  poses an immediate health hazard to humans.
(Section 2 of the Act)
				  Lead hazard includes a condition in which exposure to lead from
				  lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint,
				  or lead in water from a plumbing system would have an adverse effect on human
				  health.
"Lead Inspection"
means a surface-by-surface
				  investigation to determine the presence of lead-based paint
and
				  lead-bearing substances. (Section 2 of the Act)
"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
final clearance
				  evaluations and
compliance investigations.
(Section 2 of the
				  Act)
"Lead Mitigation" means the remediation of a lead
				  hazard so that a lead-bearing substance does not pose an immediate health
				  hazard to humans
. (Section 2 of the Act)
"Lead Poisoning" means the condition of
				  having
an EBL. (Section 2 of the Act)
"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
final clearance evaluations. (Section 2 of
				  the Act)
"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 and water; and
				  to conduct compliance investigations
and final clearance evaluations.
				  (Section 2 of the Act)
"Lead Training Program Provider" means any person
				  providing Department-approved lead training in Illinois to individuals seeking
				  licensure in accordance with the Act
and this Part. (Section 2 of the
				  Act)
"Local Health Department" means the health department or
				  board of health, as recognized by the Department, that has jurisdiction over
				  the particular geographical area in which the person lives.
"Owner" means any person who alone, jointly, or
				  severally with others:
Has legal title to any regulated facility, with or
				  without actual possession of the regulated facility; or
Has charge, care, or control of the regulated
				  facility as owner or agent of the owner, or as executor, administrator,
				  trustee, or guardian of the estate of the owner.
(Section 2 of the
				  Act)
"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.
(Section 2 of
				  the Act)
"Prenatal-risk Evaluation for Lead Exposure" means the
				  questionnaire developed by the Department for use by physicians and other
				  health care providers to determine if a pregnant person is at risk for lead
				  exposure and should be administered a blood lead test.
"Regulated Facility" means a residential building or
				  child care facility
or school. (Section 2 of the Act)
"Regulatory Investigation" means the activities of the
				  Department or delegate agency to determine compliance with the Act and this
				  Part, including, but not limited to, records review of licensed lead risk
				  assessor or lead inspector reports, visual inspection and records review of a
				  lead abatement contractor's work practices at a lead abatement or lead
				  mitigation project, and assessment of penalties for non-compliance when
				  warranted.
"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.
(Section 2 of the Act)
"Room Equivalent" means an identifiable part of a regulated
				  facility, such as a room, a house exterior, a foyer, a staircase, a hallway or
				  an exterior area.
"Testing Combination" means a unique combination of room
				  equivalent, building component type, and substrate.
"Training Hour" means at least 50 minutes of actual teaching,
				  including time devoted to lecture, learning activities, small group activities,
				  demonstrations, evaluations, or hands-on experience.
"USEPA" means the United States Environmental Protection
				  Agency.
"Window Stool" means the lower part of the window's
				  shelf-like portion of the frame, inside the house, that is flat and extends
				  inward from the bottom rail of a sash (sometimes called a "window
				  sill").
"Work Area" means the interior and exterior areas where lead
				  mitigation or lead abatement are conducted.
"XRF" means X-ray fluorescence analyzer used to measure lead
				  in soil, dust and paint samples.