Section 845.20 Definitions

Section 845.20  Definitions

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

om 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 3.5

micrograms per deciliter (µg/dL) of whole blood. For purposes of this

definition, the EBL shall remain equal to or greater than 5 micrograms per

deciliter (µg/dL) of whole blood through December 31, 2024 and the EBL shall be

equal to or greater than 3.5 micrograms per deciliter (µg/dL) of whole blood

effective January 1, 2025.

"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

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

on.

(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/cm

2

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

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

ments,

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

resentative, 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

r

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.