Ill. Admin. Code tit. 77 § 843.20

Current through Register Vol. 48, No. 49, December 6, 2024
Section 843.20 - Definitions

For purposes of this Part, the following terms have the meanings ascribed in this Section:

"Act" means the Comprehensive Lead Education, Reduction, and Window Replacement Program Act [410 ILCS 43 ].

"Blood Lead Test" means a blood lead testing by venous or capillary methodology.

"Child" means a person under the age of 16.

"Child care facility" means any structure used by a child care provider licensed by the Department of Children and Family Services or a public or private school structure frequented by children 6 years of age or younger.

"Child-occupied property" means a property where a child under 6 years of age is on the property an average of at least 6 hours per week.

"CLEAR-WIN Program" refers to the Comprehensive Lead Education, Reduction, and Window Replacement Program created pursuant to this Act to assist property owners of single-family homes and multi-unit residential properties in the State through the Direct Assistance Program, which reduces lead paint and leaded plumbing hazards and, where necessary, through other lead hazard control techniques.

"Delegate agency" means a unit of local government or public agency approved by the Department to carry out the provisions of the Act for the Lead Direct Assistance Program.

"Department" means the Department of Public Health of the State of Illinois.

"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.

"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 of the Illinois Lead Poisoning Prevention Code (77 Ill. Adm. Code 845) that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility.

"Lead hazard" means a lead-bearing substance that poses an immediate health hazard to humans. 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.

"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 (see 77 Ill. Adm. Code 845, Subpart C) 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.

"Leaded plumbing" means that portion of a building's potable water plumbing that is suspected or known to contain lead or lead-containing material as indicated by lead in potable water samples. Leaded plumbing includes lead service lines.

"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.

"Low-income" means a household at or below 80% of the median income level for a given county as determined annually by the U.S. Department of Housing and Urban Development.

"Mitigation" means the remediation of a lead hazard so that a lead-bearing substance does not pose an immediate health hazard to humans.

"Person" means an individual, corporation, partnership, firm, organization, or association, acting individually or as a group.

"Plumber" means licensed plumber, licensed apprentice plumber, and registered plumbing contractors as set forth in the Illinois Plumbing License Law [225 ILCS 320 ].

"Plumbing" has the meaning ascribed to that term in the Illinois Plumbing Licensing Law.

"Recipient" means a person receiving direct assistance under the Act.

"Residential property" means a single-family residence or renter-occupied property with up to 8 units.

Ill. Admin. Code tit. 77, § 843.20

Adopted at 47 Ill. Reg. 3776, effective 3/2/2023