103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1351
 
Introduced 1/31/2023, by Rep. Dan Ugaste
 
SYNOPSIS AS INTRODUCED:
 

 



225 ILCS 441/5-5

     Amends the Home Inspector License Act. In provisions concerning exemptions to licensing requirements, provides that licensing requirements do not apply to any person holding a professional degree from a program accredited by the National Architectural Accrediting Board or the Canadian Architectural Certification Board.
  


LRB103 05087 AMQ 50101 b

 
 
A BILL FOR
 

  
HB1351LRB103 05087 AMQ 50101 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Home Inspector License Act is amended  by 
5changing Section 5-5 as follows:
 


6    (225 ILCS 441/5-5)




7    (Section scheduled to be repealed on January 1, 2027)

8    Sec. 5-5. Necessity of license; use of title; exemptions. 

9    (a) It is unlawful for any person, including any
entity, 
10to act or assume
to act as a home
inspector, to engage in the 
11business of home inspection, to develop a home
inspection 
12report, to practice as a home inspector, or to advertise or 
13hold oneself

out to be a home inspector without a home 
14inspector license issued under this
Act.  A person who violates 
15this subsection is guilty of a Class A misdemeanor for the 
16first offense and a Class 4 felony for the second and any 
17subsequent offenses.

18    (b) It is unlawful for any person, other than a
person who 
19holds a valid
home inspector license issued pursuant to this 
20Act, to use the title "home
inspector" or
any other title, 
21designation, or abbreviation likely to create the impression

22that the person is licensed as a home inspector pursuant to 
23this Act.  A person
who violates this subsection is guilty of a 
 
 
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1Class A misdemeanor.

2    (c) The licensing requirements of this Article do not 
3apply to:


4        (1) any person who is employed as a code enforcement 
5    official by the State
of Illinois or any unit of local 
6    government, while acting within the scope of
that 
7    government employment;


8        (2) any person licensed in this State by any other law 
9    who is engaging in the profession or occupation for which 
10    the person is licensed; or


11        (3) any person engaged by the owner or lessor of 
12    residential real
property for the purpose of preparing a 
13    bid or estimate as to the work
necessary or the costs 
14    associated with performing home construction, home

15    remodeling, or home repair work on the residential real 
16    property, provided
such person does not advertise or hold 
17    oneself out as engaged in business as a home inspector; 
18    or .
19        (4) any person holding a professional degree from a 
20    program accredited by the National Architectural 
21    Accrediting Board or the Canadian Architectural 
22    Certification Board. 

23    (d) The licensing of home inspector entities required 
24under this Act does not apply to an entity whose ownership 
25structure is one licensed home inspector operating a sole 
26proprietorship, a single member limited liability company, or 
 
 
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1a single shareholder corporation, and that home inspector is 
2the only licensed home inspector performing inspections on the 
3entity's behalf. The licensed home inspector who is the sole 
4proprietor, sole shareholder, or single member of the company 
5or entity shall comply with all other provisions of this Act.
6(Source: P.A. 102-20, eff. 1-1-22.)