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Public Act 100-0545
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| HB0732 Enrolled | LRB100 05795 SMS 15818 b |
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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(Section scheduled to be repealed on January 1, 2026)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 |
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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 |
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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 |
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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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