Bill Text: IL HB0732 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Roofing Industry Licensing Act. Provides that nothing in the Act shall be construed to require an employee who performs roofing or waterproofing work to his or her employer's residential property, where there exists an employee-employer relationship or for no consideration, to be licensed as a roofing contractor. Provides that nothing in the Act shall be construed to require a person who performs roof repair (rather than roofing) or waterproofing work to his or her employer's commercial or industrial property (rather than his or her employer's property) to be licensed as a roofing contractor, where there exists an employer-employee relationship. Defines "roof repair". Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2017-06-27 - Sent to the Governor [HB0732 Detail]

Download: Illinois-2017-HB0732-Enrolled.html



HB0732 EnrolledLRB100 05795 SMS 15818 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7 (Section scheduled to be repealed on January 1, 2026)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

HB0732 Enrolled- 2 -LRB100 05795 SMS 15818 b
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.

HB0732 Enrolled- 3 -LRB100 05795 SMS 15818 b
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 purpose of its maintenance but
17excludes circumstances when a torch technique is used.
18(Source: P.A. 99-469, eff. 8-26-15.)
19 (225 ILCS 335/11) (from Ch. 111, par. 7511)
20 (Section scheduled to be repealed on January 1, 2026)
21 Sec. 11. Application of Act.
22 (1) Nothing in this Act limits the power of a municipality,
23city, county, or incorporated area to regulate the quality and
24character of work performed by roofing contractors through a
25system of permits, fees, and inspections which are designed to

HB0732 Enrolled- 4 -LRB100 05795 SMS 15818 b
1secure compliance with and aid in the implementation of State
2and local building laws or to enforce other local laws for the
3protection of the public health and safety.
4 (2) Nothing in this Act shall be construed to require a
5seller of roofing materials or services to be licensed as a
6roofing contractor when the construction, reconstruction,
7alteration, maintenance or repair of roofing or waterproofing
8is to be performed by a person other than the seller or the
9seller's employees.
10 (3) Nothing in this Act shall be construed to require a
11person who performs roofing or waterproofing work to his or her
12own property, or for no consideration, to be licensed as a
13roofing contractor.
14 (3.5) Nothing in this Act shall be construed to require an
15employee who performs roofing or waterproofing work to his or
16her employer's residential property, where there exists an
17employee-employer relationship or for no consideration, to be
18licensed as a roofing contractor.
19 (4) Nothing in this Act shall be construed to require a
20person who performs roof repair roofing or waterproofing work
21to his or her employer's commercial or industrial property to
22be licensed as a roofing contractor, where there exists an
23employer-employee relationship. Nothing in this Act shall be
24construed to apply to the installation of plastics, glass or
25fiberglass to greenhouses and related horticultural
26structures, or to the repair or construction of farm buildings.

HB0732 Enrolled- 5 -LRB100 05795 SMS 15818 b
1 (5) Nothing in this Act limits the power of a municipality,
2city, county, or incorporated area to collect occupational
3license and inspection fees for engaging in roofing
4contracting.
5 (6) Nothing in this Act limits the power of the
6municipalities, cities, counties, or incorporated areas to
7adopt any system of permits requiring submission to and
8approval by the municipality, city, county, or incorporated
9area of plans and specifications for work to be performed by
10roofing contractors before commencement of the work.
11 (7) Any official authorized to issue building or other
12related permits shall ascertain that the applicant contractor
13is duly licensed before issuing the permit. The evidence shall
14consist only of the exhibition to him or her of current
15evidence of licensure.
16 (8) This Act applies to any roofing contractor performing
17work for the State or any municipality, city, county, or
18incorporated area. Officers of the State or any municipality,
19city, county or incorporated area are required to determine
20compliance with this Act before awarding any contracts for
21construction, improvement, remodeling, or repair.
22 (9) If an incomplete contract exists at the time of death
23of a licensee, the contract may be completed by any person even
24though not licensed. Such person shall notify the Department
25within 30 days after the death of the contractor of his or her
26name and address. For the purposes of this subsection, an

HB0732 Enrolled- 6 -LRB100 05795 SMS 15818 b
1incomplete contract is one which has been awarded to, or
2entered into by, the licensee before his or her death or on
3which he or she was the low bidder and the contract is
4subsequently awarded to him or her regardless of whether any
5actual work has commenced under the contract before his or her
6death.
7 (10) The State or any municipality, city, county, or
8incorporated area may require that bids submitted for roofing
9construction, improvement, remodeling, or repair of public
10buildings be accompanied by evidence that that bidder holds an
11appropriate license issued pursuant to this Act.
12 (11) (Blank).
13 (12) Nothing in this Act shall prevent a municipality,
14city, county, or incorporated area from making laws or
15ordinances that are more stringent than those contained in this
16Act.
17(Source: P.A. 99-469, eff. 8-26-15.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
feedback