Public Act 90-0055 of the 90th General Assembly
Public Act 90-0055
HB1884 Enrolled LRB9003623DPccA
AN ACT concerning roofing contractors, amending a named
Act.
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 Sections 1, 2, 4, 5, 6, 8, 9, 9.1,
9.6, 9.10, 9.15, 10, and 11 as follows:
(225 ILCS 335/1) (from Ch. 111, par. 7501)
Sec. 1. Legislative purpose. It is hereby declared to be
the public policy of this State that, in order to safeguard
the life, health, property, and public welfare of its
citizens, the business of roofing construction,
reconstruction, alteration, maintenance and repair is a
matter affecting the public interest, and any person desiring
to obtain a license certificate to engage in the business as
herein defined shall be required to establish his or her
qualifications to be licensed certified as herein provided.
(Source: P.A. 83-1513.)
(225 ILCS 335/2) (from Ch. 111, par. 7502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Licensure" "Certification" means the act of
obtaining or holding a license issued by certificate of
registration from the Department as provided in this Act.
(b) "Department" means the Department of Professional
Regulation.
(c) "Director" means the Director of Professional
Regulation.
(d) "Person" means any individual, partnership,
corporation, business trust, limited liability company, or
other legal entity.
(e) "Roofing contractor" is one whose services are
unlimited in the roofing trade and 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
repair of all kinds of roofing and waterproofing, 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.
(f) "Board" means the Roofing Advisory Board.
(Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96.)
(225 ILCS 335/4) (from Ch. 111, par. 7504)
Sec. 4. Designation of licensee.
(1) When an individual proposes to do business in his or
her own name, a license certification, when granted, shall be
issued only to that individual.
(2) If the applicant is proposing to qualify a
partnership, corporation, business trust, or other legal
entity, application shall be made for each such entity and
shall state the name of the partnership and of its partners,
the name of the corporation and of its officers and
directors, the name of the business trust and its trustees,
or the name of such other legal entity and its members, and
furnish evidence of compliance with any statutory
requirements pertaining to such legal entity, including
compliance with any laws pertaining to the use of fictitious
names, if a fictitious name is used. Such application shall
also show that the person applying for licensure the
certification is legally qualified to act for the business
organization in all matters connected with its roofing
contracting business and that he or she has authority to
supervise roofing operations undertaken by such business
organization.
(Source: P.A. 83-1513.)
(225 ILCS 335/5) (from Ch. 111, par. 7505)
Sec. 5. Display of license number; advertising.
(a) Each State licensed certified roofing contractor
shall affix the license number of his or her license
certification to all of his or her contracts and bids. In
addition, the official issuing building permits shall affix
the certified roofing contractor license number to each
application for a building permit and on each building permit
issued and recorded.
(b) In addition, every roofing contractor shall affix
the certified roofing contractor license number and the
licensee's name on all vehicles used as part of his business
as a roofing contractor.
(c) Every holder of a license certificate of
registration shall display it in a conspicuous place in his
or her principal office, place of business, or place of
employment.
(d) No person licensed under this Act may advertise
services regulated by this Act unless that person includes in
the advertisement his or her license number. Nothing
contained in this subsection requires the publisher of
advertising for roofing contractor services to investigate or
verify the accuracy of the license number provided by the
licensee.
(e) A person who advertises services regulated by this
Act who knowingly (i) fails to display the license number 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 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.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/6) (from Ch. 111, par. 7506)
Sec. 6. Expiration of license.
(1) Licenses Certificates shall expire biennially at
midnight on June 30 of each odd-numbered year.
(2) Failure to renew the license certificate prior to
the expiration thereof shall cause the license certificate to
become nonrenewed and it shall be unlawful thereafter for the
licensee to engage, offer to engage, or hold himself or
herself out as engaging, in roofing contracting business
under the license certificate unless and until the license
certificate is restored or reissued as defined by rule.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/8) (from Ch. 111, par. 7508)
Sec. 8. Public records.
(1) All information required by the Department of any
applicant for licensure certification shall be a public
record, except financial information.
(2) If a licensee certificate holder changes his or her
name style, address or employment from that which appears on
his or her current license certificate, he or she shall
notify the Department of the change within 30 days after it
occurs.
(3) All public records of the Department, when duly
certified by the Director, shall be received as prima facie
evidence in any State administrative or judicial proceedings.
(Source: P.A. 83-1513.)
(225 ILCS 335/9) (from Ch. 111, par. 7509)
Sec. 9. Licensure requirement.
(1) It is unlawful for any person to engage in the
business or act in the capacity of or hold himself or herself
out in any manner as a roofing contractor without having been
duly licensed certified under the provisions of this Act.
(2) No work involving the construction, reconstruction,
alteration, maintenance or repair of any kind of roofing or
waterproofing may be done except by a roofing contractor
licensed certified under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
Sec. 9.1. Grounds for disciplinary action. The
Department may refuse to issue or to renew, or may revoke,
suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $1,000 for each violation, with
regard to any license or certificate for any one or
combination of the following causes:
(a) violation of this Act or its rules;
(b) conviction of any crime under the laws of any
U.S. jurisdiction which is a felony or which is a
misdemeanor, an essential element of which is dishonesty,
or of any crime which directly relates to the practice of
the profession;
(c) making any misrepresentation for the purpose of
obtaining a license or certificate;
(d) professional incompetence or gross negligence
in the practice of roofing contracting;
(e) gross malpractice, prima facie evidence of
which may be a conviction or judgment of malpractice in
any court of competent jurisdiction;
(f) aiding or assisting another person in violating
any provision of this Act or rules;
(g) failing, within 60 days, to provide information
in response to a written request made by the Department
which has been sent by certified or registered mail to
the licensee's last known address;
(h) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(i) habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;
(j) discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(k) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered;
(l) a finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation;
(m) conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of roofing
contracting, if the Department determines, after
investigation, that such person has not been sufficiently
rehabilitated to warrant the public trust;
(n) a finding that licensure has been applied for
or obtained by fraudulent means;
(o) practicing, attempting to practice, or
advertising under a name other than the full name as
shown on the license or any other legally authorized
name;
(p) gross and willful overcharging for professional
services including filing false statements for collection
of fees or monies for which services are not rendered;
(q) failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied;
(r) the Department shall deny any license or
renewal under this Act to any person who has defaulted on
an educational loan guaranteed by the Illinois State
Scholarship Commission; however, the Department may issue
a license or renewal if the person in default has
established a satisfactory repayment record as determined
by the Illinois State Scholarship Commission;
(s) failure to continue to meet the requirements of
this Act shall be deemed a violation;
(t) physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that result in an inability to
practice the profession with reasonable judgment, skill,
or safety;
(u) material misstatement in furnishing information
to the Department or to any other State agency;
(v) the determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental
Disabilities Code will result in an automatic suspension
of his or her license. The suspension will end upon a
finding by a court that the licensee is no longer subject
to involuntary admission or judicial admission, the
issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the
Director that the licensee be allowed to resume
professional practice;
(w) advertising in any manner that is false,
misleading, or deceptive.
The changes to this Act made by this amendatory Act of
1997 apply only to disciplinary actions relating to events
occurring after the effective date of this amendatory Act of
1997.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
Sec. 9.6. Temporary suspension. The Director may
temporarily suspend the license or certificate of a roofing
contractor without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in this
Act, if the Director finds that evidence in his or her
possession indicates that continuation in practice would
constitute an imminent danger to the public. In the event
that the Director temporarily suspends a license or
certificate without a hearing, a hearing by the Department
shall be held within 30 days after such suspension has
occurred.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
Sec. 9.10. Returned checks; fines. Any person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 86-615; 87-1031.)
(225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
Sec. 9.15. Investigation; notice; default. The Department
may investigate the actions of any applicant or any person or
persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license
or certificate, at least 30 days prior to the date set for
the hearing, notify the accused in writing of any charges
made and the time and place for a hearing on the charges
before the hearing officer, direct him or her to file his
written answer with the hearing officer under oath within 30
days after the service on him or her of such notice, and
inform him or her that if he or she fails to file such answer
default will be taken against him or her and his or her
license or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action, including
limiting the scope, nature or extent of his or her practice,
as the Department may deem proper, taken. This written notice
may be served by personal delivery or certified or registered
mail to the Department. In case the person fails to file an
answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of
the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence and argument as may be pertinent to the charges or
to their defense. The Department may continue such hearing
from time to time. At the discretion of the Director after
having first received the recommendation of the hearing
officer, the accused person's license may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken as the Director may deem proper,
including limiting the scope, nature, or extent of said
person's practice without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
(Source: P.A. 86-615; 87-1031.)
(225 ILCS 335/10) (from Ch. 111, par. 7510)
Sec. 10. Enforcement; petition to court.
(1) If any person violates the provisions of this Act,
the Director through the Attorney General of Illinois, or the
State's Attorney of any county in which a violation is
alleged to exist, may in the name of the People of the State
of Illinois petition for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender
for contempt of court.
(2) If any person shall practice as a licensee
registrant or hold himself or herself out as a licensee
registrant without being licensed registered under the
provisions of this Act, then any person licensed registered
under this Act, any interested party or any person injured
thereby may, in addition to those officers identified in
subsection (1) of this Section, petition for relief as
provided therein.
(3) Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties
which may be provided by law.
(Source: P.A. 83-1513.)
(225 ILCS 335/11) (from Ch. 111, par. 7511)
Sec. 11. Application of Act.
(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.
(2) Nothing in this Act shall be construed to require a
seller of roofing materials or services to be licensed
certified 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 property, or for no consideration, to be licensed
certified as a roofing contractor.
(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 certified as a roofing
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, or county to collect occupational license
and inspection fees for engaging in roofing contracting.
(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.
(7) Any official authorized to issue building or other
related permits shall ascertain that the applicant contractor
is duly licensed certified before issuing the permit. The
evidence shall consist only of the exhibition to him or her
of current evidence of licensure certification.
(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.
(9) If an incomplete contract exists at the time of
death of a contractor, the contract may be completed by any
person even though not licensed certified. 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 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.
(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
certificate issued pursuant to this Act.
(11) 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 certified currently as a roofing contractor by the
State of Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)