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| Public Act 097-0965 | ||||
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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, 5, 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(Section scheduled to be repealed on January 1, 2016)
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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 Professional | ||||
Regulation.
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(c) "Director" means the Director of 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 | ||
residential roofing, including
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. | ||
(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
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(225 ILCS 335/5) (from Ch. 111, par. 7505)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 5. Display of license number; building permits; | ||
advertising.
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(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.
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(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).
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(c) Every holder of a license shall
display it in a
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conspicuous place in his or her principal office, place of | ||
business, or place
of employment.
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(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
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advertising for roofing contractor services to investigate or | ||
verify the
accuracy of the
license number provided by the | ||
licensee.
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(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
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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.
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(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.)
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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, 2016)
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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
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.
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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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(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
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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, or county
to collect occupational license and inspection | ||
fees for engaging in roofing
contracting.
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(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.
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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 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.
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(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
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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.
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(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.
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(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
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Illinois.
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(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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