SB2982 EngrossedLRB099 19638 SMS 44035 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 Illinois Roofing Industry Licensing Act is
5amended by changing Sections 2 and 11 as follows:
 
6    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Licensure" means the act of obtaining or holding a
11license issued by the Department as provided in this Act.
12    (b) "Department" means the Department of Financial and
13Professional Regulation.
14    (c) "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    (d) "Person" means any individual, partnership,
17corporation, business trust, limited liability company, or
18other legal entity.
19    (e) "Roofing contractor" is one who has the experience,
20knowledge and skill to construct, reconstruct, alter, maintain
21and repair roofs and use materials and items used in the
22construction, reconstruction, alteration, maintenance and
23repair of all kinds of roofing and waterproofing as related to

 

 

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1roofing, all in such manner to comply with all plans,
2specifications, codes, laws, and regulations applicable
3thereto, but does not include such contractor's employees to
4the extent the requirements of Section 3 of this Act apply and
5extend to such employees.
6    (f) "Board" means the Roofing Advisory Board.
7    (g) "Qualifying party" means the individual filing as a
8sole proprietor, partner of a partnership, officer of a
9corporation, trustee of a business trust, or party of another
10legal entity, who is legally qualified to act for the business
11organization in all matters connected with its roofing
12contracting business, has the authority to supervise roofing
13installation operations, and is actively engaged in day to day
14activities of the business organization.
15    "Qualifying party" does not apply to a seller of roofing
16materials or services when the construction, reconstruction,
17alteration, maintenance, or repair of roofing or waterproofing
18is to be performed by a person other than the seller or the
19seller's employees.
20    (h) "Limited roofing license" means a license made
21available to contractors whose roofing business is limited to
22roofing residential properties consisting of 8 units or less.
23    (i) "Unlimited roofing license" means a license made
24available to contractors whose roofing business is unlimited in
25nature and includes roofing on residential, commercial, and
26industrial properties.

 

 

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1    (j) "Seller of services or materials" means a business
2entity primarily engaged in the sale of tangible personal
3property at retail.
4    (k) "Building permit" means a permit issued by a unit of
5local government for work performed within the local
6government's jurisdiction that requires a license under this
7Act.
8    (l) "Address of record" means the designated address
9recorded by the Department in the applicant's or licensee's
10application file or license file as maintained by the
11Department's licensure maintenance unit. It is the duty of the
12applicant or licensee to inform the Department of any change of
13address, and those changes must be made either through the
14Department's website or by contacting the Department.
15    (m) "Roof repair" means reconstruction or renewal of any
16part of an existing roof for the purposes of its maintenance.
17(Source: P.A. 99-469, eff. 8-26-15.)
 
18    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 11. Application of Act.
21    (1) Nothing in this Act limits the power of a municipality,
22city, county, or incorporated area to regulate the quality and
23character of work performed by roofing contractors through a
24system of permits, fees, and inspections which are designed to
25secure compliance with and aid in the implementation of State

 

 

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1and local building laws or to enforce other local laws for the
2protection of the public health and safety.
3    (2) Nothing in this Act shall be construed to require a
4seller of roofing materials or services to be licensed as a
5roofing contractor when the construction, reconstruction,
6alteration, maintenance or repair of roofing or waterproofing
7is to be performed by a person other than the seller or the
8seller's employees.
9    (3) Nothing in this Act shall be construed to require a
10person who performs roofing or waterproofing work to his or her
11own property, or for no consideration, to be licensed as a
12roofing contractor.
13    (4) Nothing in this Act shall be construed to require a
14person who performs roof repair roofing or waterproofing work
15to his or her employer's property to be licensed as a roofing
16contractor, where there exists an employer-employee
17relationship. Nothing in this Act shall be construed to apply
18to the installation of plastics, glass or fiberglass to
19greenhouses and related horticultural structures, or to the
20repair or construction of farm buildings.
21    (5) Nothing in this Act limits the power of a municipality,
22city, county, or incorporated area to collect occupational
23license and inspection fees for engaging in roofing
24contracting.
25    (6) Nothing in this Act limits the power of the
26municipalities, cities, counties, or incorporated areas to

 

 

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1adopt any system of permits requiring submission to and
2approval by the municipality, city, county, or incorporated
3area of plans and specifications for work to be performed by
4roofing contractors before commencement of the work.
5    (7) Any official authorized to issue building or other
6related permits shall ascertain that the applicant contractor
7is duly licensed before issuing the permit. The evidence shall
8consist only of the exhibition to him or her of current
9evidence of licensure.
10    (8) This Act applies to any roofing contractor performing
11work for the State or any municipality, city, county, or
12incorporated area. Officers of the State or any municipality,
13city, county or incorporated area are required to determine
14compliance with this Act before awarding any contracts for
15construction, improvement, remodeling, or repair.
16    (9) If an incomplete contract exists at the time of death
17of a licensee, the contract may be completed by any person even
18though not licensed. Such person shall notify the Department
19within 30 days after the death of the contractor of his or her
20name and address. For the purposes of this subsection, an
21incomplete contract is one which has been awarded to, or
22entered into by, the licensee before his or her death or on
23which he or she was the low bidder and the contract is
24subsequently awarded to him or her regardless of whether any
25actual work has commenced under the contract before his or her
26death.

 

 

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1    (10) The State or any municipality, city, county, or
2incorporated area may require that bids submitted for roofing
3construction, improvement, remodeling, or repair of public
4buildings be accompanied by evidence that that bidder holds an
5appropriate license issued pursuant to this Act.
6    (11) (Blank).
7    (12) Nothing in this Act shall prevent a municipality,
8city, county, or incorporated area from making laws or
9ordinances that are more stringent than those contained in this
10Act.
11(Source: P.A. 99-469, eff. 8-26-15.)