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| Public Act 100-0545 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Roofing Industry Licensing Act is | ||||
amended by changing Sections 2 and 11 as follows:
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(225 ILCS 335/2) (from Ch. 111, par. 7502)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 2. Definitions. As used in this Act, unless the | ||||
context otherwise
requires:
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(a) "Licensure" means the act of obtaining or
holding a | ||||
license issued by the Department as provided in this Act.
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(b) "Department" means the Department of Financial and | ||||
Professional Regulation.
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(c) "Secretary" means the Secretary of Financial and | ||||
Professional Regulation.
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(d) "Person" means any individual, partnership, | ||||
corporation, business
trust, limited liability company, or | ||||
other legal entity.
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(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
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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.
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(f) "Board" means the Roofing Advisory Board.
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(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.
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"Qualifying party" does not apply to a seller of roofing | ||
materials or
services when the construction, reconstruction,
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alteration, maintenance, or repair of roofing or waterproofing | ||
is to be
performed by a person other than the seller or the | ||
seller's
employees.
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(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.
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(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.
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(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.)
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(225 ILCS 335/11) (from Ch. 111, par. 7511)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 11. Application of Act.
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(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
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and local building laws or to enforce other local laws for the | ||
protection
of the public health and safety.
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(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.
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(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.
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(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
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be
licensed as a roofing contractor, where there exists an
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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.
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(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
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contracting.
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(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.
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(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.
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(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.
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(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.
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(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
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buildings
be accompanied by evidence that that bidder holds an | ||
appropriate license
issued pursuant to this Act.
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(11) (Blank).
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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