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Public Act 097-0965


 

Public Act 0965 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0965
 
SB3279 EnrolledLRB097 17499 CEL 62702 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 2, 5, and 11 as follows:
 
    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Licensure" means the act of obtaining or holding a
license issued by the Department as provided in this Act.
    (b) "Department" means the Department of Professional
Regulation.
    (c) "Director" means the Director of Professional
Regulation.
    (d) "Person" means any individual, partnership,
corporation, business trust, limited liability company, or
other legal entity.
    (e) "Roofing contractor" is one who has the experience,
knowledge and skill to construct, reconstruct, alter, maintain
and repair roofs and use materials and items used in the
construction, reconstruction, alteration, maintenance and
repair of all kinds of roofing and waterproofing as related to
roofing, all in such manner to comply with all plans,
specifications, codes, laws, and regulations applicable
thereto, but does not include such contractor's employees to
the extent the requirements of Section 3 of this Act apply and
extend to such employees.
    (f) "Board" means the Roofing Advisory Board.
    (g) "Qualifying party" means the individual filing as a
sole proprietor, partner of a partnership, officer of a
corporation, trustee of a business trust, or party of another
legal entity, who is legally qualified to act for the business
organization in all matters connected with its roofing
contracting business, has the authority to supervise roofing
installation operations, and is actively engaged in day to day
activities of the business organization.
    "Qualifying party" does not apply to a seller of roofing
materials or services when the construction, reconstruction,
alteration, maintenance, or repair of roofing or waterproofing
is to be performed by a person other than the seller or the
seller's employees.
    (h) "Limited roofing license" means a license made
available to contractors whose roofing business is limited to
residential roofing, including residential properties
consisting of 8 units or less.
    (i) "Unlimited roofing license" means a license made
available to contractors whose roofing business is unlimited in
nature and includes roofing on residential, commercial, and
industrial properties.
    (j) "Seller of services or materials" means a business
entity primarily engaged in the sale of tangible personal
property at retail.
    (k) "Building permit" means a permit issued by a unit of
local government for work performed within the local
government's jurisdiction that requires a license under this
Act.
(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
 
    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5. Display of license number; building permits;
advertising.
    (a) Each State licensed roofing contractor shall affix the
roofing contractor license number and the licensee's name, as
it appears on the license, to all of his or her contracts and
bids. In addition, the official issuing building permits shall
affix the roofing contractor license number to each application
for a building permit and on each building permit issued and
recorded.
    (a-3) A municipality or a county that requires a building
permit may not issue a building permit to a roofing contractor
unless that contractor has provided sufficient proof that he or
she is licensed currently as a roofing contractor by the State.
Holders of an unlimited roofing license may be issued permits
for residential, commercial, and industrial roofing projects.
Holders of a limited roofing license are restricted to permits
for work on residential properties consisting of 8 units or
less.
    (a-5) A person who knowingly, in the course of applying for
a building permit with a unit of local government, provides the
roofing license number or name of a roofing contractor whom he
or she does not intend to have perform the work on the roofing
portion of the project commits identity theft under paragraph
(8) of subsection (a) of Section 16-30 of the Criminal Code of
1961.
    (a-10) A building permit applicant must present a
government-issued identification along with the building
permit application. Except for the name of the individual, all
other personal information contained in the government-issued
identification shall be exempt from disclosure under
subsection (c) of Section 7 of the Freedom of Information Act.
The official issuing the building permit shall maintain the
name and identification number, as it appears on the
government-issued identification, in the building permit
application file. It is not necessary that the building permit
applicant be the qualifying party. This subsection shall not
apply to a county or municipality whose building permit process
occurs through electronic means.
    (b) (Blank).
    (c) Every holder of a license shall display it in a
conspicuous place in his or her principal office, place of
business, or place of employment.
    (d) No person licensed under this Act may advertise
services regulated by this Act unless that person includes in
the advertisement the roofing contractor license number and the
licensee's name, as it appears on the license. Nothing
contained in this subsection requires the publisher of
advertising for roofing contractor services to investigate or
verify the accuracy of the license number provided by the
licensee.
    (e) A person who advertises services regulated by this Act
who knowingly (i) fails to display the license number and the
licensee's name, as it appears on the license, in any manner
required by this Section, (ii) fails to provide a publisher
with the correct license number as required by subsection (d),
or (iii) provides a publisher with a false license number or a
license number of another person, or a person who knowingly
allows his or her license number to be displayed or used by
another person to circumvent any provisions of this Section, is
guilty of a Class A misdemeanor with a fine of $1,000, and, in
addition, is subject to the administrative enforcement
provisions of this Act. Each day that an advertisement runs or
each day that a person knowingly allows his or her license to
be displayed or used in violation of this Section constitutes a
separate offense.
(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
 
    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 11. Application of Act.
    (1) Nothing in this Act limits the power of a municipality,
city or county to regulate the quality and character of work
performed by roofing contractors through a system of permits,
fees, and inspections which are designed to secure compliance
with and aid in the implementation of State and local building
laws or to enforce other local laws for the protection of the
public health and safety.
    (2) Nothing in this Act shall be construed to require a
seller of roofing materials or services to be licensed as a
roofing contractor when the construction, reconstruction,
alteration, maintenance or repair of roofing or waterproofing
is to be performed by a person other than the seller or the
seller's employees.
    (3) Nothing in this Act shall be construed to require a
person who performs roofing or waterproofing work to his or her
own property, or for no consideration, to be licensed as a
roofing contractor.
    (4) Nothing in this Act shall be construed to require a
person who performs roofing or waterproofing work to his or her
employer's property to be licensed as a roofing contractor,
where there exists an employer-employee relationship. Nothing
in this Act shall be construed to apply to the installation of
plastics, glass or fiberglass to greenhouses and related
horticultural structures, or to the repair or construction of
farm buildings.
    (5) Nothing in this Act limits the power of a municipality,
city, or county to collect occupational license and inspection
fees for engaging in roofing contracting.
    (6) Nothing in this Act limits the power of the
municipalities, cities or counties to adopt any system of
permits requiring submission to and approval by the
municipality, city, or county of plans and specifications for
work to be performed by roofing contractors before commencement
of the work.
    (7) Any official authorized to issue building or other
related permits shall ascertain that the applicant contractor
is duly licensed before issuing the permit. The evidence shall
consist only of the exhibition to him or her of current
evidence of licensure.
    (8) This Act applies to any roofing contractor performing
work for the State or any county or municipality. Officers of
the State or any county or municipality are required to
determine compliance with this Act before awarding any
contracts for construction, improvement, remodeling, or
repair.
    (9) If an incomplete contract exists at the time of death
of a contractor, the contract may be completed by any person
even though not licensed. Such person shall notify the
Department within 30 days after the death of the contractor of
his or her name and address. For the purposes of this
subsection, an incomplete contract is one which has been
awarded to, or entered into by, the contractor before his or
her death or on which he or she was the low bidder and the
contract is subsequently awarded to him or her regardless of
whether any actual work has commenced under the contract before
his or her death.
    (10) The State or any county or municipality may require
that bids submitted for roofing construction, improvement,
remodeling, or repair of public buildings be accompanied by
evidence that that bidder holds an appropriate license issued
pursuant to this Act.
    (11) (Blank). A municipality that requires a building
permit or a county that requires a building permit may not
issue a building permit to a roofing contractor unless that
contractor has provided sufficient proof that he or she is
licensed currently as a roofing contractor by the State of
Illinois.
(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/15/2012