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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 441/) Home Inspector License Act.

225 ILCS 441/Art. 5

 
    (225 ILCS 441/Art. 5 heading)
ARTICLE 5. LICENSING PROVISIONS

225 ILCS 441/5-5

    (225 ILCS 441/5-5)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-5. Necessity of license; use of title; exemptions.
    (a) It is unlawful for any person, including any entity, to act or assume to act as a home inspector, to engage in the business of home inspection, to develop a home inspection report, to practice as a home inspector, or to advertise or hold himself, herself, or itself out to be a home inspector without a home inspector license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offenses.
    (b) It is unlawful for any person, other than a person who holds a valid home inspector license issued pursuant to this Act, to use the title "home inspector" or any other title, designation, or abbreviation likely to create the impression that the person is licensed as a home inspector pursuant to this Act. A person who violates this subsection is guilty of a Class A misdemeanor.
    (c) The licensing requirements of this Article do not apply to:
        (1) any person who is employed as a code enforcement
    
official by the State of Illinois or any unit of local government, while acting within the scope of that government employment;
        (2) any person licensed by the State of Illinois
    
while acting within the scope of his or her license; or
        (3) any person engaged by the owner or lessor of
    
residential real property for the purpose of preparing a bid or estimate as to the work necessary or the costs associated with performing home construction, home remodeling, or home repair work on the residential real property, provided such person does not hold himself or herself out, or advertise himself or herself, as being engaged in business as a home inspector.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-10

    (225 ILCS 441/5-10)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-10. Application for home inspector license. Every natural person who desires to obtain a home inspector license shall:
        (1) apply to the Department on forms prescribed by
    
the Department and accompanied by the required fee; all applications shall contain the information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for a license to practice as a home inspector as set by rule;
        (2) be at least 18 years of age;
        (3) provide evidence of having attained a high school
    
diploma or completed an equivalent course of study as determined by an examination conducted by the Illinois State Board of Education;
        (4) personally take and pass an examination
    
authorized by the Department; and
        (5) prior to taking the examination, provide evidence
    
to the Department that he or she has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule.
    Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 100-892, eff. 8-14-18.)

225 ILCS 441/5-12

    (225 ILCS 441/5-12)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-12. Application for home inspector license; entity. Every entity that is not a natural person that desires to obtain a home inspector license shall apply to the Department on forms provided by the Department and accompanied by the required fee.
    Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-14

    (225 ILCS 441/5-14)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-14. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-15

    (225 ILCS 441/5-15)
    Sec. 5-15. (Repealed).
(Source: P.A. 92-239, eff. 8-3-01. Repealed by P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-16

    (225 ILCS 441/5-16)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-16. Renewal of license.
    (a) The expiration date and renewal period for a home inspector license issued under this Act shall be set by rule. Except as otherwise provided in subsections (b) and (c) of this Section, the holder of a license may renew the license within 90 days preceding the expiration date by:
        (1) completing and submitting to the Department a
    
renewal application form as provided by the Department;
        (2) paying the required fees; and
        (3) providing evidence of successful completion of
    
the continuing education requirements through courses approved by the Department given by education providers licensed by the Department, as established by rule.
    (b) A home inspector whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of subparagraphs (1), (2), and (3) of subsection (a) of this Section and paying any late penalties established by rule.
    (c) Notwithstanding subsection (b), a home inspector whose license under this Act has expired may renew the license without paying any lapsed renewal fees or late penalties if (i) the license expired while the home inspector was on active duty with the United States Armed Services, (ii) application for renewal is made within 2 years following the termination of the military service or related education, training, or employment, and (iii) the applicant furnishes to the Department an affidavit that he or she was so engaged.
    (d) The Department shall provide reasonable care and due diligence to ensure that each licensee under this Act is provided a renewal application at least 90 days prior to the expiration date, but it is the responsibility of each licensee to renew his or her license prior to its expiration date.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-17

    (225 ILCS 441/5-17)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-17. Renewal of home inspector license; entity.
    (a) The expiration date and renewal period for a home inspector license for an entity that is not a natural person shall be set by rule. The holder of a license may renew the license within 90 days preceding the expiration date by completing and submitting to the Department a renewal application form as provided by the Department and paying the required fees.
    (b) An entity that is not a natural person whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of subsection (a) of this Section and paying any late penalties established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-20

    (225 ILCS 441/5-20)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-20. Endorsement. The Department may, in its discretion, license as a home inspector, by endorsement, on payment of the required fee, an applicant who is a home inspector licensed under the laws of another state or territory, if (i) the requirements for licensure in the state or territory in which the applicant was licensed were, at the date of his or her licensure, substantially equivalent to the requirements in force in this State on that date or (ii) there were no requirements in force in this State on the date of his or her licensure and the applicant possessed individual qualifications on that date that are substantially similar to the requirements under this Act. The Department may adopt any rules necessary to implement this Section.
    Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)

225 ILCS 441/5-25

    (225 ILCS 441/5-25)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-25. Pre-license education requirements. The prerequisite classroom hours necessary for a person to be approved to sit for the examination for a home inspector shall be established by rule.
(Source: P.A. 92-239, eff. 8-3-01.)

225 ILCS 441/5-30

    (225 ILCS 441/5-30)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-30. Continuing education renewal requirements. The continuing education requirements for a person to renew a license as a home inspector shall be established by rule. The Department shall establish a continuing education completion deadline for home inspector licensees and require evidence of compliance with continuing education requirements in a manner established by rule before the renewal of a license.
(Source: P.A. 100-831, eff. 1-1-19.)

225 ILCS 441/5-45

    (225 ILCS 441/5-45)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-45. Fees. The Department shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of the Department in administering and enforcing the provisions of this Act. The Department may also establish rules for general fees to cover the reasonable expenses of carrying out other functions and responsibilities under this Act.
(Source: P.A. 97-226, eff. 7-28-11.)