Illinois and local laws
The Lead Poisoning Prevention Act of 2006 sets out measures that will help prevent children from becoming poisoned. These measures:
- protect children most at risk of harm from lead by:
- requiring lead inspections in units and common areas of buildings when a child under three years of age has a lead level lower than the level that currently triggers an inspection, and
- requiring products children use, eat, or wear to be lead-safe.
- target properties and property owners most likely to have lead hazards by:
- 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, and
- allowing the Illinois Department of Public Health (IDPH) to inspect common areas of residential buildings when two or more units within a five-year period have had mitigation notices issued, and requiring lead inspections when a parent or guardian of a child under six, or a pregnant woman residing in the same building requests an inspection. The bill requires IDPH to consider the owner's financial ability to complete the repairs when establishing a time frame for the work.
- educate the public about lead poisoning by:
- requiring signs be posted or brochures distributed about lead-safe work practices in stores where supplies intended for paint removal are sold,
- requiring families with children in day care facilities be provided information on lead poisoning, and
- requiring notices be posted in common areas of buildings when a child has been poisoned in one of the units, until the hazards are removed.
- hold stakeholders accountable for preventing lead poisoning by:
- coordinating data between IDPH and Illinois Department of Heath and Family Safety,
- adding penalties for failure to comply with existing laws and amendments in Health Bill 4853, and
- requiring state agencies responsible for prosecuting lead poisoning cases to report annually to the General Assembly the number of referrals from the IDPH for prosecution.
Download a presentation about Illinois law and regulations.
Illinois Lead Poisoning Prevention Act of 2006
Benchbook on lead paint poisoning laws
The Benchbook, developed by the Loyola University Civitas ChildLaw Center's Policy Institute, summarizes and compiles Chicago and Illinois laws on lead poisoning and relevant federal laws. The Benchbook is not intended to be a legal treatise It was originally developed to provide judges and administrative hearing officers with a comprehensive and easily accessible reference guide as they conduct hearings and enter orders in Housing Court proceedings concerning lead hazards.
Download the entire publication or individual chapters below
- Cover and Table of Contents
- Intro and Problem Statement
- Chicago Municipal Code and Summary, Lead Bearing Substances
- This section first gives a summary of the municipal code on Lead Bearing Substances; the Chicago Lead Law begin on page 6. The accompanying rules begin on page 15.
- Illinois Law with Summary
- This section gives a summary of Illinois Lead Laws; the Illinois Lead Poisoning Prevention Act begins on page 7. The accompanying rules begin on page 23.
- Appendices Table of Contents
- Appendix A: Flowchart
- This flowchart depicts the process of health and inspection referrals once a child has been identified as having an elevated blood lead level.
- Appendix B: Risk Assessment
- This appendix provides an example of a physician's Childhood Lead Risk Assessment Questionnaire.
- Appendix C: Sample Reports
- The inspection notices in this appendix are distributed to individuals in homes with a lead poisoned child.
- Appendix D: CDPH Lead Program
- This appendix discusses the homeowner lead program workshop, the lead-safe course examination for remodelers and renovators, and provides an example of the Chicago Department of Public Health's Environmental Lead Program certificate.
- Appendix E: Complains and Orders
- View examples of violations and summons, complaints, and orders.
- Appendix F: Title X
- Read about the federal Lead Based Paint Hazard Reduction Act of 1992.
- Appendix G: HUD Guidelines
- Read about the U.S. HUD guidelines for the evaluation and control of lead based paint hazards in housing.
- Appendix H: EPA Rule
- This appendix lists the U.S. EPA Lead Renovation, Repair and Paint rule.
- Appendix I: Abbasi Case