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| | HB0732 Enrolled | | LRB100 05795 SMS 15818 b |
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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| 7 | | (Section scheduled to be repealed on January 1, 2026)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 purpose of its maintenance but |
| 17 | | excludes circumstances when a torch technique is used. |
| 18 | | (Source: P.A. 99-469, eff. 8-26-15.)
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| 19 | | (225 ILCS 335/11) (from Ch. 111, par. 7511)
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| 20 | | (Section scheduled to be repealed on January 1, 2026)
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| 21 | | Sec. 11. Application of Act.
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| 22 | | (1) Nothing in this Act limits the power of a municipality, |
| 23 | | city,
county, or incorporated area to regulate the quality and |
| 24 | | character of work performed by roofing
contractors through a |
| 25 | | system of permits, fees, and inspections which are
designed to |
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| 1 | | secure compliance with and aid in the implementation of State
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| 2 | | and local building laws or to enforce other local laws for the |
| 3 | | protection
of the public health and safety.
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| 4 | | (2) Nothing in this Act shall be construed to require a |
| 5 | | seller of
roofing materials or services to be licensed as a |
| 6 | | roofing
contractor when
the construction, reconstruction, |
| 7 | | alteration, maintenance or repair of
roofing or waterproofing |
| 8 | | is to be performed by a person other than the
seller or the |
| 9 | | seller's employees.
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| 10 | | (3) Nothing in this Act shall be construed to require a |
| 11 | | person who
performs roofing or waterproofing work to his or her |
| 12 | | own property, or for
no
consideration, to be licensed as a |
| 13 | | roofing contractor.
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| 14 | | (3.5) Nothing in this Act shall be construed to require an |
| 15 | | employee who performs roofing or waterproofing work to his or |
| 16 | | her employer's residential property, where there exists an |
| 17 | | employee-employer relationship or for no consideration, to be |
| 18 | | licensed as a roofing contractor. |
| 19 | | (4) Nothing in this Act shall be construed to require a |
| 20 | | person who
performs roof repair roofing or waterproofing work |
| 21 | | to his or her employer's commercial or industrial property to
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| 22 | | be
licensed as a roofing contractor, where there exists an
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| 23 | | employer-employee
relationship. Nothing in this Act shall be |
| 24 | | construed to apply to the
installation of plastics, glass or |
| 25 | | fiberglass to greenhouses and related
horticultural |
| 26 | | structures, or to the repair or construction of farm buildings.
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| 1 | | (5) Nothing in this Act limits the power of a municipality, |
| 2 | | city, county, or incorporated area
to collect occupational |
| 3 | | license and inspection fees for engaging in roofing
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| 4 | | contracting.
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| 5 | | (6) Nothing in this Act limits the power of the |
| 6 | | municipalities, cities,
counties, or incorporated areas to |
| 7 | | adopt any system of permits requiring submission to and |
| 8 | | approval
by the municipality, city, county, or incorporated |
| 9 | | area of plans and specifications for work
to be performed by |
| 10 | | roofing contractors before commencement of the work.
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| 11 | | (7) Any official authorized to issue building or other |
| 12 | | related permits
shall ascertain that the applicant contractor |
| 13 | | is duly licensed before issuing
the permit. The evidence shall |
| 14 | | consist only of the exhibition to him or
her of
current |
| 15 | | evidence of licensure.
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| 16 | | (8) This Act applies to any roofing contractor performing |
| 17 | | work for the
State or any municipality, city, county, or |
| 18 | | incorporated area. Officers of the State or any municipality, |
| 19 | | city, county
or incorporated area are required to determine |
| 20 | | compliance with this Act before
awarding any contracts for |
| 21 | | construction, improvement, remodeling, or repair.
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| 22 | | (9) If an incomplete contract exists at the time of death |
| 23 | | of a licensee,
the contract may be completed by any person even |
| 24 | | though not licensed.
Such person shall notify the Department |
| 25 | | within 30 days after the death of
the contractor of his or her |
| 26 | | name and address. For the purposes of this
subsection,
an |
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| 1 | | incomplete contract is one which has been awarded to, or |
| 2 | | entered into
by, the licensee before his or her death or on |
| 3 | | which he or she was
the low
bidder and
the contract is |
| 4 | | subsequently awarded to him or her regardless of whether
any |
| 5 | | actual
work has commenced under the contract before his or her |
| 6 | | death.
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| 7 | | (10) The State or any municipality, city, county, or |
| 8 | | incorporated area may require that bids submitted
for roofing |
| 9 | | construction, improvement, remodeling, or repair of public
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| 10 | | buildings
be accompanied by evidence that that bidder holds an |
| 11 | | appropriate license
issued pursuant to this Act.
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| 12 | | (11) (Blank).
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| 13 | | (12) Nothing in this Act shall prevent a municipality, |
| 14 | | city, county, or incorporated area from making laws or |
| 15 | | ordinances that are more stringent than those contained in this |
| 16 | | Act. |
| 17 | | (Source: P.A. 99-469, eff. 8-26-15.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.
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