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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Roofing Industry Licensing Act is | ||||||
5 | amended by changing Sections 2 and 11 as follows:
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6 | (225 ILCS 335/2) (from Ch. 111, par. 7502)
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7 | (Section scheduled to be repealed on January 1, 2026)
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8 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
9 | context otherwise
requires:
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10 | (a) "Licensure" means the act of obtaining or
holding a | ||||||
11 | license issued by the Department as provided in this Act.
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12 | (b) "Department" means the Department of Financial and | ||||||
13 | Professional Regulation.
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14 | (c) "Secretary" means the Secretary of Financial and | ||||||
15 | Professional Regulation.
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16 | (d) "Person" means any individual, partnership, | ||||||
17 | corporation, business
trust, limited liability company, or | ||||||
18 | other legal entity.
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19 | (e) "Roofing contractor" is one who has the experience, | ||||||
20 | knowledge and skill to construct,
reconstruct, alter, maintain | ||||||
21 | and repair roofs and use materials and items
used in the | ||||||
22 | construction, reconstruction, alteration, maintenance and
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23 | repair of all kinds of roofing and waterproofing as related to |
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1 | roofing, all in such manner to
comply with all plans, | ||||||
2 | specifications, codes, laws, and regulations
applicable | ||||||
3 | thereto, but does not include such contractor's employees to | ||||||
4 | the
extent the requirements of Section 3 of this Act apply and | ||||||
5 | extend to such
employees.
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6 | (f) "Board" means the Roofing Advisory Board.
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7 | (g) "Qualifying party" means the individual filing as a | ||||||
8 | sole proprietor,
partner of a partnership, officer of a | ||||||
9 | corporation, trustee of a business
trust, or party of another | ||||||
10 | legal entity, who is legally qualified to act for
the business | ||||||
11 | organization in all matters connected with its roofing | ||||||
12 | contracting
business, has the authority to supervise roofing | ||||||
13 | installation operations, and
is
actively engaged in day to day | ||||||
14 | activities of the business organization.
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15 | "Qualifying party" does not apply to a seller of roofing | ||||||
16 | materials or
services when the construction, reconstruction,
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17 | alteration, maintenance, or repair of roofing or waterproofing | ||||||
18 | is to be
performed by a person other than the seller or the | ||||||
19 | seller's
employees.
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20 | (h) "Limited roofing license" means a license made | ||||||
21 | available to
contractors whose roofing business is limited to | ||||||
22 | roofing
residential properties consisting of 8 units or less.
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23 | (i) "Unlimited roofing license" means a license made | ||||||
24 | available to
contractors whose roofing business is unlimited in | ||||||
25 | nature and includes roofing
on residential, commercial, and | ||||||
26 | industrial properties.
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1 | (j) "Seller of services or materials" means a business | ||||||
2 | entity primarily engaged in the sale of tangible personal | ||||||
3 | property at retail. | ||||||
4 | (k) "Building permit" means a permit issued by a unit of | ||||||
5 | local government for work performed within the local | ||||||
6 | government's jurisdiction that requires a license under this | ||||||
7 | Act. | ||||||
8 | (l) "Address of record" means the designated address | ||||||
9 | recorded by the Department in the applicant's or licensee's | ||||||
10 | application file or license file as maintained by the | ||||||
11 | Department's licensure maintenance unit. It is the duty of the | ||||||
12 | applicant or licensee to inform the Department of any change of | ||||||
13 | address, and those changes must be made either through the | ||||||
14 | Department's website or by contacting the Department. | ||||||
15 | (m) "Roof repair" means reconstruction or renewal of any | ||||||
16 | part of an existing roof for the purposes of its maintenance. | ||||||
17 | (Source: P.A. 99-469, eff. 8-26-15.)
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18 | (225 ILCS 335/11) (from Ch. 111, par. 7511)
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19 | (Section scheduled to be repealed on January 1, 2026)
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20 | Sec. 11. Application of Act.
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21 | (1) Nothing in this Act limits the power of a municipality, | ||||||
22 | city,
county, or incorporated area to regulate the quality and | ||||||
23 | character of work performed by roofing
contractors through a | ||||||
24 | system of permits, fees, and inspections which are
designed to | ||||||
25 | secure compliance with and aid in the implementation of State
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1 | and local building laws or to enforce other local laws for the | ||||||
2 | protection
of the public health and safety.
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3 | (2) Nothing in this Act shall be construed to require a | ||||||
4 | seller of
roofing materials or services to be licensed as a | ||||||
5 | roofing
contractor when
the construction, reconstruction, | ||||||
6 | alteration, maintenance or repair of
roofing or waterproofing | ||||||
7 | is to be performed by a person other than the
seller or the | ||||||
8 | seller's employees.
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9 | (3) Nothing in this Act shall be construed to require a | ||||||
10 | person who
performs roofing or waterproofing work to his or her | ||||||
11 | own property, or for
no
consideration, to be licensed as a | ||||||
12 | roofing contractor.
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13 | (4) Nothing in this Act shall be construed to require a | ||||||
14 | person who performs roof repair roofing or waterproofing work | ||||||
15 | to his or her employer's property to
be
licensed as a roofing | ||||||
16 | contractor, where there exists an
employer-employee
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17 | relationship. Nothing in this Act shall be construed to apply | ||||||
18 | to the
installation of plastics, glass or fiberglass to | ||||||
19 | greenhouses and related
horticultural structures, or to the | ||||||
20 | repair or construction of farm buildings.
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21 | (5) Nothing in this Act limits the power of a municipality, | ||||||
22 | city, county, or incorporated area
to collect occupational | ||||||
23 | license and inspection fees for engaging in roofing
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24 | contracting.
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25 | (6) Nothing in this Act limits the power of the | ||||||
26 | municipalities, cities,
counties, or incorporated areas to |
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1 | adopt any system of permits requiring submission to and | ||||||
2 | approval
by the municipality, city, county, or incorporated | ||||||
3 | area of plans and specifications for work
to be performed by | ||||||
4 | roofing contractors before commencement of the work.
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5 | (7) Any official authorized to issue building or other | ||||||
6 | related permits
shall ascertain that the applicant contractor | ||||||
7 | is duly licensed before issuing
the permit. The evidence shall | ||||||
8 | consist only of the exhibition to him or
her of
current | ||||||
9 | evidence of licensure.
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10 | (8) This Act applies to any roofing contractor performing | ||||||
11 | work for the
State or any municipality, city, county, or | ||||||
12 | incorporated area. Officers of the State or any municipality, | ||||||
13 | city, county
or incorporated area are required to determine | ||||||
14 | compliance with this Act before
awarding any contracts for | ||||||
15 | construction, improvement, remodeling, or repair.
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16 | (9) If an incomplete contract exists at the time of death | ||||||
17 | of a licensee,
the contract may be completed by any person even | ||||||
18 | though not licensed.
Such person shall notify the Department | ||||||
19 | within 30 days after the death of
the contractor of his or her | ||||||
20 | name and address. For the purposes of this
subsection,
an | ||||||
21 | incomplete contract is one which has been awarded to, or | ||||||
22 | entered into
by, the licensee before his or her death or on | ||||||
23 | which he or she was
the low
bidder and
the contract is | ||||||
24 | subsequently awarded to him or her regardless of whether
any | ||||||
25 | actual
work has commenced under the contract before his or her | ||||||
26 | death.
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1 | (10) The State or any municipality, city, county, or | ||||||
2 | incorporated area may require that bids submitted
for roofing | ||||||
3 | construction, improvement, remodeling, or repair of public
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4 | buildings
be accompanied by evidence that that bidder holds an | ||||||
5 | appropriate license
issued pursuant to this Act.
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6 | (11) (Blank).
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7 | (12) Nothing in this Act shall prevent a municipality, | ||||||
8 | city, county, or incorporated area from making laws or | ||||||
9 | ordinances that are more stringent than those contained in this | ||||||
10 | Act. | ||||||
11 | (Source: P.A. 99-469, eff. 8-26-15.)
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