Amendments to the Illinois Lead Poisoning Prevention Act were signed into law on June 20 and are effective immediately. See an analysis of the new requirements as well as existing state, federal and city of Chicago requirements, prepared by IAR Governmental Affairs staff, below . . .
The Illinois Lead Poisoning Prevention Act was amended by the Illinois General Assembly in the spring session; that bill was signed into law by Governor Blagojevich on June 20, 2006. (Public Act 94-0879). The law sets out new requirements for property owners/managers, retailers, and state and local departments of public health aimed at preventing the devastating effects of childhood lead poisoning.
Lead poisoning in children can cause irreversible brain damage and even at very low levels can lead to life-long learning, behavioral and physical problems. Most children are poisoned in their own homes, and deteriorating lead paint on windows, doors, and porches in homes built before 1978 is the main cause.
THE NEW LAW REQUIRES PROPERTY OWNERS TO:
Allow inspection by departments of public health of common areas of multi-family residential buildings when two or more units within a five-year period have had mitigation notices issued, and to allow a lead inspection by departments of public health when a pregnant woman, parent or guardian of a child under six, residing in the same building, requests an inspection.
Post notices in the common area of a building when the property owner has received a mitigation notice. The posted notice must say that a lead hazard has been discovered, that other units may also have a hazard, that children under 6 should be screened, where to seek further information, and whether the owner has received multiple mitigation notices. The Illinois Department of Public Health(IDPH) shall provide the notices (to be posted) along with the mitigation notice.
Follow mitigation plans within a time frame established by departments of public health with consideration given to the owner’s financial ability to complete repairs. The Illinois Department of Public Health (IDPH) must make an owner aware of any financial assistance programs available.
Note* The new law also sets new penalties for violations, including prohibiting residential property owners who have willfully and knowingly failed to comply with a mitigation order from doing business with the State or State agencies for a period of time.
Existing Laws on Lead Paint for Property Owners/Managers/REALTORS
Federal law already requires property owners to:
Disclose any knowledge of lead-based paint or lead-based paint hazards when selling or renting a house built before 1978.
Allow a buyer to have a lead inspection at the buyer’s expense.
Include a lead warning statement in leases.
Use lead-safe work practices when making certain repairs and renovations.
Illinois state law already requires property owners to:
Allow inspection of a residential unit when a resident is found to be lead-poisoned.
Follow regulated mitigation procedures when a lead hazard has been identified.
Post lead hazard warning signs at work sites when property houses two or more families.
Allow regulated lead abatement procedures if mitigation is ineffective.
Disclose any lead hazard to renters and provide IDPH brochure to buyers or renters in buildings built before 1978.
City of Chicago regulations already require property owners to:
Abide by a duty to maintain lead-hazard free property.
Allow inspections of all units for lead hazards.
Abide by a duty to maintain property according to any existing mitigation plan.
Provide a mitigation plan, subject to CDPH approval, when a lead hazard is identified.
For detailed information on how to comply with lead prevention laws and lead safety:
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