SB2982 99TH GENERAL ASSEMBLY

LRB099 19638 SMS 44035 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2982

Introduced 2/18/2016, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

225 ILCS 335/11

from Ch. 111, par. 7511

Amends the Illinois Roofing Industry Licensing Act. Provides that nothing in the Act shall be construed to require a person who performs roofing or waterproofing work to his or her own residential property (rather than property), or for no consideration, to be licensed as a roofing contractor. Provides that nothing in the Act shall be construed to require a person or the person's employees who perform emergency or temporary roofing or waterproofing repairs on the person's commercial and industrial properties (rather than work to his or her employer's property where there exists an employer-employee relationship) to be licensed as roofing contractors.

A BILL FOR

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 Section 11 as follows:

(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(Section scheduled to be repealed on January 1, 2026)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 residential property, or for no consideration, to be licensed as a roofing contractor.

(4) Nothing in this Act shall be construed to require a person or the person's employees who perform emergency or temporary performs roofing or waterproofing repairs on the person's commercial and industrial properties work to his or her employer's property to be licensed as a roofing contractors 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.)