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Public Act 100-0545


 

Public Act 0545 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0545
 
HB0732 EnrolledLRB100 05795 SMS 15818 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 and 11 as follows:
 
    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
    (Section scheduled to be repealed on January 1, 2026)
    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 Financial and
Professional Regulation.
    (c) "Secretary" means the Secretary of Financial and
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
roofing 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.
    (l) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change of
address, and those changes must be made either through the
Department's website or by contacting the Department.
    (m) "Roof repair" means reconstruction or renewal of any
part of an existing roof for the purpose of its maintenance but
excludes circumstances when a torch technique is used.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 11. Application of Act.
    (1) Nothing in this Act limits the power of a municipality,
city, county, or incorporated area 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.
    (3.5) Nothing in this Act shall be construed to require an
employee who performs roofing or waterproofing work to his or
her employer's residential property, where there exists an
employee-employer relationship 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 roof repair roofing or waterproofing work
to his or her employer's commercial or industrial 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, county, or incorporated area to collect occupational
license and inspection fees for engaging in roofing
contracting.
    (6) Nothing in this Act limits the power of the
municipalities, cities, counties, or incorporated areas to
adopt any system of permits requiring submission to and
approval by the municipality, city, county, or incorporated
area 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 municipality, city, county, or
incorporated area. Officers of the State or any municipality,
city, county or incorporated area 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 licensee, 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 licensee 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 municipality, city, county, or
incorporated area 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).
    (12) Nothing in this Act shall prevent a municipality,
city, county, or incorporated area from making laws or
ordinances that are more stringent than those contained in this
Act.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/8/2017