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Public Act 097-0965
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| SB3279 Enrolled | LRB097 17499 CEL 62702 b |
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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(Section scheduled to be repealed on January 1, 2016)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 |
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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 |
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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 |
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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; |
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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 |
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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 |
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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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