SB3279 EnrolledLRB097 17499 CEL 62702 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Roofing Industry Licensing Act is
5amended by changing Sections 2, 5, and 11 as follows:
 
6    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Licensure" means the act of obtaining or holding a
11license issued by the Department as provided in this Act.
12    (b) "Department" means the Department of Professional
13Regulation.
14    (c) "Director" means the Director of Professional
15Regulation.
16    (d) "Person" means any individual, partnership,
17corporation, business trust, limited liability company, or
18other legal entity.
19    (e) "Roofing contractor" is one who has the experience,
20knowledge and skill to construct, reconstruct, alter, maintain
21and repair roofs and use materials and items used in the
22construction, reconstruction, alteration, maintenance and
23repair of all kinds of roofing and waterproofing as related to

 

 

SB3279 Enrolled- 2 -LRB097 17499 CEL 62702 b

1roofing, all in such manner to comply with all plans,
2specifications, codes, laws, and regulations applicable
3thereto, but does not include such contractor's employees to
4the extent the requirements of Section 3 of this Act apply and
5extend to such employees.
6    (f) "Board" means the Roofing Advisory Board.
7    (g) "Qualifying party" means the individual filing as a
8sole proprietor, partner of a partnership, officer of a
9corporation, trustee of a business trust, or party of another
10legal entity, who is legally qualified to act for the business
11organization in all matters connected with its roofing
12contracting business, has the authority to supervise roofing
13installation operations, and is actively engaged in day to day
14activities of the business organization.
15    "Qualifying party" does not apply to a seller of roofing
16materials or services when the construction, reconstruction,
17alteration, maintenance, or repair of roofing or waterproofing
18is to be performed by a person other than the seller or the
19seller's employees.
20    (h) "Limited roofing license" means a license made
21available to contractors whose roofing business is limited to
22residential roofing, including residential properties
23consisting of 8 units or less.
24    (i) "Unlimited roofing license" means a license made
25available to contractors whose roofing business is unlimited in
26nature and includes roofing on residential, commercial, and

 

 

SB3279 Enrolled- 3 -LRB097 17499 CEL 62702 b

1industrial properties.
2    (j) "Seller of services or materials" means a business
3entity primarily engaged in the sale of tangible personal
4property at retail.
5    (k) "Building permit" means a permit issued by a unit of
6local government for work performed within the local
7government's jurisdiction that requires a license under this
8Act.
9(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
 
10    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 5. Display of license number; building permits;
13advertising.
14    (a) Each State licensed roofing contractor shall affix the
15roofing contractor license number and the licensee's name, as
16it appears on the license, to all of his or her contracts and
17bids. In addition, the official issuing building permits shall
18affix the roofing contractor license number to each application
19for a building permit and on each building permit issued and
20recorded.
21    (a-3) A municipality or a county that requires a building
22permit may not issue a building permit to a roofing contractor
23unless that contractor has provided sufficient proof that he or
24she is licensed currently as a roofing contractor by the State.
25Holders of an unlimited roofing license may be issued permits

 

 

SB3279 Enrolled- 4 -LRB097 17499 CEL 62702 b

1for residential, commercial, and industrial roofing projects.
2Holders of a limited roofing license are restricted to permits
3for work on residential properties consisting of 8 units or
4less.
5    (a-5) A person who knowingly, in the course of applying for
6a building permit with a unit of local government, provides the
7roofing license number or name of a roofing contractor whom he
8or she does not intend to have perform the work on the roofing
9portion of the project commits identity theft under paragraph
10(8) of subsection (a) of Section 16-30 of the Criminal Code of
111961.
12    (a-10) A building permit applicant must present a
13government-issued identification along with the building
14permit application. Except for the name of the individual, all
15other personal information contained in the government-issued
16identification shall be exempt from disclosure under
17subsection (c) of Section 7 of the Freedom of Information Act.
18The official issuing the building permit shall maintain the
19name and identification number, as it appears on the
20government-issued identification, in the building permit
21application file. It is not necessary that the building permit
22applicant be the qualifying party. This subsection shall not
23apply to a county or municipality whose building permit process
24occurs through electronic means.
25    (b) (Blank).
26    (c) Every holder of a license shall display it in a

 

 

SB3279 Enrolled- 5 -LRB097 17499 CEL 62702 b

1conspicuous place in his or her principal office, place of
2business, or place of employment.
3    (d) No person licensed under this Act may advertise
4services regulated by this Act unless that person includes in
5the advertisement the roofing contractor license number and the
6licensee's name, as it appears on the license. Nothing
7contained in this subsection requires the publisher of
8advertising for roofing contractor services to investigate or
9verify the accuracy of the license number provided by the
10licensee.
11    (e) A person who advertises services regulated by this Act
12who knowingly (i) fails to display the license number and the
13licensee's name, as it appears on the license, in any manner
14required by this Section, (ii) fails to provide a publisher
15with the correct license number as required by subsection (d),
16or (iii) provides a publisher with a false license number or a
17license number of another person, or a person who knowingly
18allows his or her license number to be displayed or used by
19another person to circumvent any provisions of this Section, is
20guilty of a Class A misdemeanor with a fine of $1,000, and, in
21addition, is subject to the administrative enforcement
22provisions of this Act. Each day that an advertisement runs or
23each day that a person knowingly allows his or her license to
24be displayed or used in violation of this Section constitutes a
25separate offense.
26(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;

 

 

SB3279 Enrolled- 6 -LRB097 17499 CEL 62702 b

197-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
 
2    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 11. Application of Act.
5    (1) Nothing in this Act limits the power of a municipality,
6city or county to regulate the quality and character of work
7performed by roofing contractors through a system of permits,
8fees, and inspections which are designed to secure compliance
9with and aid in the implementation of State and local building
10laws or to enforce other local laws for the protection of the
11public health and safety.
12    (2) Nothing in this Act shall be construed to require a
13seller of roofing materials or services to be licensed as a
14roofing contractor when the construction, reconstruction,
15alteration, maintenance or repair of roofing or waterproofing
16is to be performed by a person other than the seller or the
17seller's employees.
18    (3) Nothing in this Act shall be construed to require a
19person who performs roofing or waterproofing work to his or her
20own property, or for no consideration, to be licensed as a
21roofing contractor.
22    (4) Nothing in this Act shall be construed to require a
23person who performs roofing or waterproofing work to his or her
24employer's property to be licensed as a roofing contractor,
25where there exists an employer-employee relationship. Nothing

 

 

SB3279 Enrolled- 7 -LRB097 17499 CEL 62702 b

1in this Act shall be construed to apply to the installation of
2plastics, glass or fiberglass to greenhouses and related
3horticultural structures, or to the repair or construction of
4farm buildings.
5    (5) Nothing in this Act limits the power of a municipality,
6city, or county to collect occupational license and inspection
7fees for engaging in roofing contracting.
8    (6) Nothing in this Act limits the power of the
9municipalities, cities or counties to adopt any system of
10permits requiring submission to and approval by the
11municipality, city, or county of plans and specifications for
12work to be performed by roofing contractors before commencement
13of the work.
14    (7) Any official authorized to issue building or other
15related permits shall ascertain that the applicant contractor
16is duly licensed before issuing the permit. The evidence shall
17consist only of the exhibition to him or her of current
18evidence of licensure.
19    (8) This Act applies to any roofing contractor performing
20work for the State or any county or municipality. Officers of
21the State or any county or municipality are required to
22determine compliance with this Act before awarding any
23contracts for construction, improvement, remodeling, or
24repair.
25    (9) If an incomplete contract exists at the time of death
26of a contractor, the contract may be completed by any person

 

 

SB3279 Enrolled- 8 -LRB097 17499 CEL 62702 b

1even though not licensed. Such person shall notify the
2Department within 30 days after the death of the contractor of
3his or her name and address. For the purposes of this
4subsection, an incomplete contract is one which has been
5awarded to, or entered into by, the contractor before his or
6her death or on which he or she was the low bidder and the
7contract is subsequently awarded to him or her regardless of
8whether any actual work has commenced under the contract before
9his or her death.
10    (10) The State or any county or municipality may require
11that bids submitted for roofing construction, improvement,
12remodeling, or repair of public buildings be accompanied by
13evidence that that bidder holds an appropriate license issued
14pursuant to this Act.
15    (11) (Blank). A municipality that requires a building
16permit or a county that requires a building permit may not
17issue a building permit to a roofing contractor unless that
18contractor has provided sufficient proof that he or she is
19licensed currently as a roofing contractor by the State of
20Illinois.
21(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.