Illinois Compiled Statutes
410 ILCS 45/8 (2026)
Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level
✓ current as of May 2026
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(410 ILCS 45/8)
(from Ch. 111 1/2, par. 1308)
Sec. 8. Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level. A representative of the Department, or delegate agency, shall, after
notification that an occupant of a regulated facility is found to
have an elevated blood lead level as set forth in Section 7, upon
presentation of the appropriate credentials to the owner, occupant, or his
representative, inspect the affected dwelling units, at reasonable times,
for the purposes of ascertaining that all surfaces accessible to children
are intact and in good repair, and for purposes of ascertaining the
existence of lead-bearing substances. Such representative of the
Department, or delegate agency, may remove samples or objects necessary for
laboratory analysis, in the determination of the presence of lead-bearing
substances in the regulated facilities.
If a regulated facility is occupied by a child of less than 3 years
of age with an elevated blood lead level, the Department, in addition to all
other requirements of this Section, must inspect the dwelling
unit and common place area of the child with an elevated blood lead level. Following the inspection, the Department or its delegate agency shall:
(1) Prepare an inspection report which shall:
(A) State the address of the dwelling unit.
(B) Describe the scope of the inspection, the | inspection procedures used, and the method of ascertaining the existence of a lead-bearing substance in the dwelling unit. |
(C) State whether any lead-bearing substances | were found in the dwelling unit. |
(D) Describe the nature, extent, and location of | any lead-bearing substance that is found. |
(E) State either that a lead hazard does exist or | that a lead hazard does not exist. If a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard. The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section. |
(F) Give the name of the person who conducted the | inspection and the person to contact for further information regarding the inspection and the requirements of this Act. |
(2) Mail or otherwise provide a copy of the | inspection report to the property owner and to the occupants of the dwelling unit. If a lead-bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure. |
(Source: P.A. 98-690, eff. 1-1-15.)
Notes of Decisions
Cited in 4
cases, 1999–2005 · leading case: Abbasi Ex Rel. Abbasi v. Paraskevoulakos, 718 N.E.2d 181 (Ill. 1999).
Abbasi Ex Rel. Abbasi v. Paraskevoulakos, 718 N.E.2d 181 (Ill. 1999). “410 ILCS 45/8 through 8.2 (West 1996). If the inspection report identifies a lead hazard, the Act requires the building owner to remove, cover, or otherwise deny children access to the leaded surface.”
City of Chicago v. Am. Cyanamid Co., 823 N.E.2d 126 (Ill. App. Ct. 2005). “] More recently, two environmental commentators described nuisance, with echoes of Wood and Prosser, as a ‘quagmire,’ [citation] while Richard Epstein, though saying it is ‘much-maligned,’ concedes nuisance ‘does not work on a moral or deductive principle.’ [Citation.]” L.…”
City of Chicago v. Am. Cyanamid Co. (Ill. App. Ct. 2005). “] More recently, two environmental commentators described nuisance, with echoes of Wood and Prosser, as a 'quagmire,' [citation] while Richard Epstein, though saying it is 'much-maligned,' concedes nuisance 'does not work on a moral or deductive principle.' [Citation. ]” L.…”
Abbasi v. Paraskevoulakos (Ill. 1999). “410 ILCS 45/8 through 8.2 (West 1996). If the inspection report identifies a lead hazard, the Act requires the building owner to remove, cover, or otherwise deny children access to the leaded surface.”
410 ILCS 45/8(1)(E): 1 case
City of Chicago v. Am. Cyanamid Co. (Ill. App. Ct. 2005). “] More recently, two environmental commentators described nuisance, with echoes of Wood and Prosser, as a 'quagmire,' [citation] while Richard Epstein, though saying it is 'much-maligned,' concedes nuisance 'does not work on a moral or deductive principle.' [Citation. ]” L.…”
410 ILCS 45/8(l)(E): 1 case
City of Chicago v. Am. Cyanamid Co., 823 N.E.2d 126 (Ill. App. Ct. 2005). “] More recently, two environmental commentators described nuisance, with echoes of Wood and Prosser, as a ‘quagmire,’ [citation] while Richard Epstein, though saying it is ‘much-maligned,’ concedes nuisance ‘does not work on a moral or deductive principle.’ [Citation.]” L.…”
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