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| Public Act 093-0894 |
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AN ACT concerning asbestos abatement.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Commercial and Public Building Asbestos | ||||
Abatement Act is
amended by changing Sections 15 and 35 as | ||||
follows:
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(225 ILCS 207/15)
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Sec. 15. Definitions. As used in this Act:
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"Asbestos abatement contractor" means any entity that
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provides removal, enclosure, encapsulation, or disposal of | ||||
asbestos
containing materials.
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"Asbestos containing building materials" or "ACBM" means
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surfacing asbestos containing materials or ACM, thermal system
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insulation ACM, or miscellaneous ACM that is found in or on | ||||
interior
structural members or other parts of a building.
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"Asbestos" means the asbestiform varieties of chrysotile,
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amosite, crocidolite, tremolite, anthrophyllite, and | ||||
actinolite.
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"Asbestos inspector" means an individual who performs | ||||
inspections of
commercial and public buildings for the presence | ||||
of asbestos containing
materials.
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"Asbestos materials" means any material or product that | ||||
contains more than 1%
asbestos.
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"Asbestos consultant" means a person offering expert or | ||||
professional advice
as
an asbestos professional or designated | ||||
person.
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"Asbestos professional" means an individual who is | ||||
licensed by the Department
to
perform the duties of an | ||||
inspector, management planner, project
designer, project | ||||
supervisor, project manager, or air sampling professional, as | ||||
applicable, except project supervisors under the direct employ | ||||
of a licensed asbestos abatement contractor.
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"Asbestos supervisor" means an asbestos abatement | ||
contractor, foreman, or
person designated as the asbestos | ||
abatement contractor's representative who is
responsible for | ||
the onsite supervision of the removal, encapsulation, or
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enclosure of friable or nonfriable asbestos-containing | ||
materials in a
commercial or public building.
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"Asbestos worker" means an individual who cleans, removes, | ||
encapsulates,
encloses, hauls, or disposes of friable asbestos | ||
material.
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"Building/facility owner" is the legal entity, including a
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lessee, that exercises control over management and record | ||
keeping
functions relating to a building or facility in which | ||
activities
covered by this standard take place.
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"Commercial or public building" means
the interior space of | ||
any building, except that the term does not include any
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residential apartment building of fewer than 10 units or | ||
detached single family
homes. The term includes, but is not | ||
limited to: industrial and office
buildings, residential | ||
apartment buildings and condominiums of 10 or more
dwelling | ||
units, government-owned buildings, colleges, museums, | ||
airports,
hospitals, churches, schools, preschools, stores, | ||
warehouses, and factories.
Interior space includes exterior | ||
hallways connecting buildings, porticos, and
mechanical | ||
systems used to condition interior space.
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"Department" means the Department of Public Health.
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"Designated person" means a person designated by the local | ||
education
agency, as
defined by the Asbestos Abatement Act, to | ||
ensure that the management plan has
been properly implemented.
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"Director" means the Director of Public Health.
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"Encapsulation" means the treatment of ACBM with a
material | ||
that surrounds or embeds asbestos fibers in an adhesive
matrix | ||
that prevents the release of fibers as the encapsulant creates
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a membrane over the surfaces (bridging encapsulant) or | ||
penetrates
the material and binds its components together | ||
(penetrating
encapsulant).
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"Enclosure" means the construction of airtight walls and
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ceilings between the asbestos containing material and the | ||
building
environment, or around surfaces coated with asbestos | ||
containing materials, or
any other appropriate scientific | ||
procedure as determined by the
Department that prevents the | ||
release of asbestos.
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"Friable", when referring to material in a commercial or | ||
public building,
means that the material, when dry, may be | ||
crumbled, pulverized, or
reduced to powder by hand pressure and | ||
includes previously
nonfriable materials after such previously | ||
nonfriable material
becomes damaged to the extent that, when | ||
dry, it may be crumbled,
pulverized, or reduced to powder by | ||
hand pressure.
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"Inspection" means an activity undertaken in a public or | ||
commercial building
to determine the presence or location, or | ||
to assess the condition of, friable
or nonfriable asbestos | ||
containing building material (ACBM) or suspected ACBM,
whether | ||
by visual or physical examination, or by collecting samples of | ||
such
material.
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"Nonfriable" means material in a commercial or public
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building which, when dry, may not be crumbled, pulverized, or
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reduced to powder by hand pressure.
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"Person" means any individual, group of individuals,
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association, trust, partnership, corporation, person doing | ||
business
under an assumed name, or any other
entity.
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"Project designer" means an individual who
designs | ||
response actions for commercial or public
buildings.
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"Response action" means a method, including removal,
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encapsulation, enclosure, repair, operations and maintenance, | ||
that
protects human health and the environment from friable | ||
ACBM.
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"Response action contractor" means any entity that
engages | ||
in response action services.
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"Response action services" means the service of designing | ||
and conducting
removal, encapsulation, enclosure, repair, or | ||
operations and maintenance of
friable asbestos containing | ||
building materials, inspection of public or
commercial | ||
buildings, and inspection of asbestos containing materials.
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The term does not include the design or conducting of response | ||
actions that
involve removal or possible disturbance of an | ||
amount of asbestos containing
building material comprising | ||
less than 3 square feet or less than 3 lineal feet of other | ||
friable asbestos
containing building material.
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(Source: P.A. 89-143, eff. 7-14-95.)
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(225 ILCS 207/35)
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Sec. 35. Licensing.
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(1) No person may act as an asbestos abatement contractor | ||
providing response
action services unless the person is | ||
licensed as an Asbestos Abatement
Contractor by the Department | ||
in accordance with the Asbestos Abatement Act and
rules | ||
promulgated under it.
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(2) No person may act as an asbestos supervisor providing | ||
response action
services unless the person is licensed as a | ||
Supervisor by the Department in
accordance with the Asbestos | ||
Abatement Act and rules promulgated under it.
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(3) No person may act as a project designer providing | ||
response action
services unless the person is licensed as a | ||
Project Designer by the Department
in accordance with the | ||
Asbestos Abatement Act and rules promulgated under it.
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(4) No person may act as an asbestos worker providing | ||
response action
services unless the person is licensed as an | ||
Asbestos Worker or a Supervisor by
the Department in accordance | ||
with the Asbestos Abatement Act and rules
promulgated under it.
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(5) No person may act as an asbestos inspector unless the | ||
person is licensed
as an Asbestos Inspector by the Department | ||
in accordance with the Asbestos
Abatement Act and rules | ||
promulgated under it.
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(6) No person may act as an air sampling professional
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unless
the person is licensed as an air sampling professional | ||
by the Department in accordance
with the
Asbestos Abatement Act | ||
and rules promulgated under it.
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(7) No person may act as a project manager
unless
the | ||
person is licensed as a project manager by the Department in | ||
accordance
with the
Asbestos Abatement Act and rules | ||
promulgated under it.
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(8) No person may act as a management planner
unless
the | ||
person is licensed as a management planner by the Department in | ||
accordance
with the
Asbestos Abatement Act and rules | ||
promulgated under it.
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(9) Beginning January 1, 2005, no person may act as an | ||
asbestos consultant
unless
the person is licensed as a | ||
consultant by the Department in accordance
with this Act and | ||
rules promulgated under it. The following are exempt from the | ||
licensure requirement of this subsection:
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(A) An employee of a local education agency who is that | ||
local education agency's designated person. | ||
(B) An employee of a State agency while he or she is | ||
engaged in his or her professional duties for that State | ||
agency. | ||
(10) Individuals and entities that wish to be licensed | ||
shall make
application on forms prescribed and furnished by the | ||
Department.
Licenses shall expire annually according to a | ||
schedule determined by
the Department. Applications for | ||
renewal of licenses shall be filed
with the Department at least | ||
30 days before the expiration date.
When a licensure | ||
examination is required, the license application
shall be | ||
submitted to the Department at least 30 days
prior to the date | ||
of the scheduled examination. The Department
shall evaluate | ||
each application based on its minimum standards for
licensure, | ||
promulgated as rules, and render a decision. Such
standards may | ||
include a requirement for the successful completion
of a course | ||
of training approved by the Department. If the
Department | ||
denies the application, the applicant may appeal the
decision | ||
under the provisions of the Administrative Review
Law.
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(Source: P.A. 89-143, eff. 7-14-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||