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90_HB1884eng
225 ILCS 335/1 from Ch. 111, par. 7501
225 ILCS 335/2 from Ch. 111, par. 7502
225 ILCS 335/4 from Ch. 111, par. 7504
225 ILCS 335/5 from Ch. 111, par. 7505
225 ILCS 335/6 from Ch. 111, par. 7506
225 ILCS 335/8 from Ch. 111, par. 7508
225 ILCS 335/9 from Ch. 111, par. 7509
225 ILCS 335/9.1 from Ch. 111, par. 7509.1
225 ILCS 335/9.6 from Ch. 111, par. 7509.6
225 ILCS 335/9.10 from Ch. 111, par. 7509.10
225 ILCS 335/9.15 from Ch. 111, par. 7509.15
225 ILCS 335/10 from Ch. 111, par. 7510
225 ILCS 335/11 from Ch. 111, par. 7511
Amends the Illinois Roofing Industry Licensing Act.
Renames the certification program as a licensure program.
Requires a licensee to display his or her license number in
all advertising for services regulated by the Act.
LRB9003623DPccA
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1 AN ACT concerning roofing contractors, amending a named
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Roofing Industry Licensing Act
6 is amended by changing Sections 1, 2, 4, 5, 6, 8, 9, 9.1,
7 9.6, 9.10, 9.15, 10, and 11 as follows:
8 (225 ILCS 335/1) (from Ch. 111, par. 7501)
9 Sec. 1. Legislative purpose. It is hereby declared to be
10 the public policy of this State that, in order to safeguard
11 the life, health, property, and public welfare of its
12 citizens, the business of roofing construction,
13 reconstruction, alteration, maintenance and repair is a
14 matter affecting the public interest, and any person desiring
15 to obtain a license certificate to engage in the business as
16 herein defined shall be required to establish his or her
17 qualifications to be licensed certified as herein provided.
18 (Source: P.A. 83-1513.)
19 (225 ILCS 335/2) (from Ch. 111, par. 7502)
20 Sec. 2. Definitions. As used in this Act, unless the
21 context otherwise requires:
22 (a) "Licensure" "Certification" means the act of
23 obtaining or holding a license issued by certificate of
24 registration from the Department as provided in this Act.
25 (b) "Department" means the Department of Professional
26 Regulation.
27 (c) "Director" means the Director of Professional
28 Regulation.
29 (d) "Person" means any individual, partnership,
30 corporation, business trust, limited liability company, or
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1 other legal entity.
2 (e) "Roofing contractor" is one whose services are
3 unlimited in the roofing trade and who has the experience,
4 knowledge and skill to construct, reconstruct, alter,
5 maintain and repair roofs and use materials and items used in
6 the construction, reconstruction, alteration, maintenance and
7 repair of all kinds of roofing and waterproofing, all in such
8 manner to comply with all plans, specifications, codes, laws,
9 and regulations applicable thereto, but does not include such
10 contractor's employees to the extent the requirements of
11 Section 3 of this Act apply and extend to such employees.
12 (f) "Board" means the Roofing Advisory Board.
13 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96.)
14 (225 ILCS 335/4) (from Ch. 111, par. 7504)
15 Sec. 4. Designation of licensee.
16 (1) When an individual proposes to do business in his or
17 her own name, a license certification, when granted, shall be
18 issued only to that individual.
19 (2) If the applicant is proposing to qualify a
20 partnership, corporation, business trust, or other legal
21 entity, application shall be made for each such entity and
22 shall state the name of the partnership and of its partners,
23 the name of the corporation and of its officers and
24 directors, the name of the business trust and its trustees,
25 or the name of such other legal entity and its members, and
26 furnish evidence of compliance with any statutory
27 requirements pertaining to such legal entity, including
28 compliance with any laws pertaining to the use of fictitious
29 names, if a fictitious name is used. Such application shall
30 also show that the person applying for licensure the
31 certification is legally qualified to act for the business
32 organization in all matters connected with its roofing
33 contracting business and that he or she has authority to
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1 supervise roofing operations undertaken by such business
2 organization.
3 (Source: P.A. 83-1513.)
4 (225 ILCS 335/5) (from Ch. 111, par. 7505)
5 Sec. 5. Display of license number; advertising.
6 (a) Each State licensed certified roofing contractor
7 shall affix the license number of his or her license
8 certification to all of his or her contracts and bids. In
9 addition, the official issuing building permits shall affix
10 the certified roofing contractor license number to each
11 application for a building permit and on each building permit
12 issued and recorded.
13 (b) In addition, every roofing contractor shall affix
14 the certified roofing contractor license number and the
15 licensee's name on all vehicles used as part of his business
16 as a roofing contractor.
17 (c) Every holder of a license certificate of
18 registration shall display it in a conspicuous place in his
19 or her principal office, place of business, or place of
20 employment.
21 (d) No person licensed under this Act may advertise
22 services regulated by this Act unless that person includes in
23 the advertisement his or her license number. Nothing
24 contained in this subsection requires the publisher of
25 advertising for roofing contractor services to investigate or
26 verify the accuracy of the license number provided by the
27 licensee.
28 (e) A person who advertises services regulated by this
29 Act who knowingly (i) fails to display the license number in
30 any manner required by this Section, (ii) fails to provide a
31 publisher with the correct license number as required by
32 subsection (d), or (iii) provides a publisher with a false
33 license number or a license number of another person, or a
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1 person who knowingly allow his or her license number to be
2 displayed or used by another person to circumvent any
3 provisions of this Section, is guilty of a Class A
4 misdemeanor with a fine of $1,000, and, in addition, is
5 subject to the administrative enforcement provisions of this
6 Act. Each day that an advertisement runs or each day that a
7 person knowingly allows his or her license to be displayed or
8 used in violation of this Section constitutes a separate
9 offense.
10 (Source: P.A. 89-387, eff. 1-1-96.)
11 (225 ILCS 335/6) (from Ch. 111, par. 7506)
12 Sec. 6. Expiration of license.
13 (1) Licenses Certificates shall expire biennially at
14 midnight on June 30 of each odd-numbered year.
15 (2) Failure to renew the license certificate prior to
16 the expiration thereof shall cause the license certificate to
17 become nonrenewed and it shall be unlawful thereafter for the
18 licensee to engage, offer to engage, or hold himself or
19 herself out as engaging, in roofing contracting business
20 under the license certificate unless and until the license
21 certificate is restored or reissued as defined by rule.
22 (Source: P.A. 89-387, eff. 1-1-96.)
23 (225 ILCS 335/8) (from Ch. 111, par. 7508)
24 Sec. 8. Public records.
25 (1) All information required by the Department of any
26 applicant for licensure certification shall be a public
27 record, except financial information.
28 (2) If a licensee certificate holder changes his or her
29 name style, address or employment from that which appears on
30 his or her current license certificate, he or she shall
31 notify the Department of the change within 30 days after it
32 occurs.
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1 (3) All public records of the Department, when duly
2 certified by the Director, shall be received as prima facie
3 evidence in any State administrative or judicial proceedings.
4 (Source: P.A. 83-1513.)
5 (225 ILCS 335/9) (from Ch. 111, par. 7509)
6 Sec. 9. Licensure requirement.
7 (1) It is unlawful for any person to engage in the
8 business or act in the capacity of or hold himself or herself
9 out in any manner as a roofing contractor without having been
10 duly licensed certified under the provisions of this Act.
11 (2) No work involving the construction, reconstruction,
12 alteration, maintenance or repair of any kind of roofing or
13 waterproofing may be done except by a roofing contractor
14 licensed certified under this Act.
15 (Source: P.A. 89-387, eff. 1-1-96.)
16 (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
17 Sec. 9.1. Grounds for disciplinary action. The
18 Department may refuse to issue or to renew, or may revoke,
19 suspend, place on probation, reprimand or take other
20 disciplinary action as the Department may deem proper,
21 including fines not to exceed $1,000 for each violation, with
22 regard to any license or certificate for any one or
23 combination of the following causes:
24 (a) violation of this Act or its rules;
25 (b) conviction of any crime under the laws of any
26 U.S. jurisdiction which is a felony or which is a
27 misdemeanor, an essential element of which is dishonesty,
28 or of any crime which directly relates to the practice of
29 the profession;
30 (c) making any misrepresentation for the purpose of
31 obtaining a license or certificate;
32 (d) professional incompetence or gross negligence
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1 in the practice of roofing contracting;
2 (e) gross malpractice, prima facie evidence of
3 which may be a conviction or judgment of malpractice in
4 any court of competent jurisdiction;
5 (f) aiding or assisting another person in violating
6 any provision of this Act or rules;
7 (g) failing, within 60 days, to provide information
8 in response to a written request made by the Department
9 which has been sent by certified or registered mail to
10 the licensee's last known address;
11 (h) engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public;
14 (i) habitual or excessive use or addiction to
15 alcohol, narcotics, stimulants or any other chemical
16 agent or drug which results in the inability to practice
17 with reasonable judgment, skill, or safety;
18 (j) discipline by another U.S. jurisdiction or
19 foreign nation, if at least one of the grounds for the
20 discipline is the same or substantially equivalent to
21 those set forth in this Section;
22 (k) directly or indirectly giving to or receiving
23 from any person, firm, corporation, partnership, or
24 association any fee, commission, rebate, or other form of
25 compensation for any professional services not actually
26 or personally rendered;
27 (l) a finding by the Department that the licensee,
28 after having his or her license placed on probationary
29 status has violated the terms of probation;
30 (m) conviction by any court of competent
31 jurisdiction, either within or without this State, of any
32 violation of any law governing the practice of roofing
33 contracting, if the Department determines, after
34 investigation, that such person has not been sufficiently
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1 rehabilitated to warrant the public trust;
2 (n) a finding that licensure has been applied for
3 or obtained by fraudulent means;
4 (o) practicing, attempting to practice, or
5 advertising under a name other than the full name as
6 shown on the license or any other legally authorized
7 name;
8 (p) gross and willful overcharging for professional
9 services including filing false statements for collection
10 of fees or monies for which services are not rendered;
11 (q) failure to file a return, or to pay the tax,
12 penalty or interest shown in a filed return, or to pay
13 any final assessment of tax, penalty or interest, as
14 required by any tax Act administered by the Illinois
15 Department of Revenue, until such time as the
16 requirements of any such tax Act are satisfied;
17 (r) the Department shall deny any license or
18 renewal under this Act to any person who has defaulted on
19 an educational loan guaranteed by the Illinois State
20 Scholarship Commission; however, the Department may issue
21 a license or renewal if the person in default has
22 established a satisfactory repayment record as determined
23 by the Illinois State Scholarship Commission;
24 (s) failure to continue to meet the requirements of
25 this Act shall be deemed a violation;
26 (t) physical or mental disability, including
27 deterioration through the aging process or loss of
28 abilities and skills that result in an inability to
29 practice the profession with reasonable judgment, skill,
30 or safety;
31 (u) material misstatement in furnishing information
32 to the Department or to any other State agency;
33 (v) the determination by a court that a licensee is
34 subject to involuntary admission or judicial admission as
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1 provided in the Mental Health and Developmental
2 Disabilities Code will result in an automatic suspension
3 of his or her license. The suspension will end upon a
4 finding by a court that the licensee is no longer subject
5 to involuntary admission or judicial admission, the
6 issuance of an order so finding and discharging the
7 patient, and the recommendation of the Board to the
8 Director that the licensee be allowed to resume
9 professional practice;
10 (w) advertising in any manner that is false,
11 misleading, or deceptive.
12 The changes to this Act made by this amendatory Act of
13 1997 apply only to disciplinary actions relating to events
14 occurring after the effective date of this amendatory Act of
15 1997.
16 (Source: P.A. 89-387, eff. 1-1-96.)
17 (225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
18 Sec. 9.6. Temporary suspension. The Director may
19 temporarily suspend the license or certificate of a roofing
20 contractor without a hearing, simultaneously with the
21 institution of proceedings for a hearing provided for in this
22 Act, if the Director finds that evidence in his or her
23 possession indicates that continuation in practice would
24 constitute an imminent danger to the public. In the event
25 that the Director temporarily suspends a license or
26 certificate without a hearing, a hearing by the Department
27 shall be held within 30 days after such suspension has
28 occurred.
29 (Source: P.A. 89-387, eff. 1-1-96.)
30 (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
31 Sec. 9.10. Returned checks; fines. Any person who
32 delivers a check or other payment to the Department that is
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1 returned to the Department unpaid by the financial
2 institution upon which it is drawn shall pay to the
3 Department, in addition to the amount already owed to the
4 Department, a fine of $50. If the check or other payment was
5 for a renewal or issuance fee and that person practices
6 without paying the renewal fee or issuance fee and the fine
7 due, an additional fine of $100 shall be imposed. The fines
8 imposed by this Section are in addition to any other
9 discipline provided under this Act for unlicensed practice or
10 practice on a nonrenewed license. The Department shall notify
11 the person that payment of fees and fines shall be paid to
12 the Department by certified check or money order within 30
13 calendar days of the notification. If, after the expiration
14 of 30 days from the date of the notification, the person has
15 failed to submit the necessary remittance, the Department
16 shall automatically terminate the license or certificate or
17 deny the application, without hearing. If, after termination
18 or denial, the person seeks a license or certificate, he or
19 she shall apply to the Department for restoration or issuance
20 of the license or certificate and pay all fees and fines due
21 to the Department. The Department may establish a fee for the
22 processing of an application for restoration of a license or
23 certificate to pay all expenses of processing this
24 application. The Director may waive the fines due under this
25 Section in individual cases where the Director finds that the
26 fines would be unreasonable or unnecessarily burdensome.
27 (Source: P.A. 86-615; 87-1031.)
28 (225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
29 Sec. 9.15. Investigation; notice; default. The Department
30 may investigate the actions of any applicant or any person or
31 persons holding or claiming to hold a license. The
32 Department shall, before suspending, revoking, placing on
33 probationary status, or taking any other disciplinary action
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1 as the Department may deem proper with regard to any license
2 or certificate, at least 30 days prior to the date set for
3 the hearing, notify the accused in writing of any charges
4 made and the time and place for a hearing on the charges
5 before the hearing officer, direct him or her to file his
6 written answer with the hearing officer under oath within 30
7 days after the service on him or her of such notice, and
8 inform him or her that if he or she fails to file such answer
9 default will be taken against him or her and his or her
10 license or certificate may be suspended, revoked, placed on
11 probationary status, or other disciplinary action, including
12 limiting the scope, nature or extent of his or her practice,
13 as the Department may deem proper, taken. This written notice
14 may be served by personal delivery or certified or registered
15 mail to the Department. In case the person fails to file an
16 answer after receiving notice, his or her license or
17 certificate may, in the discretion of the Department, be
18 suspended, revoked, or placed on probationary status, or the
19 Department may take whatever disciplinary action deemed
20 proper, including limiting the scope, nature, or extent of
21 the person's practice or the imposition of a fine, without a
22 hearing, if the act or acts charged constitute sufficient
23 grounds for such action under this Act. At the time and place
24 fixed in the notice, the Department shall proceed to hear the
25 charges and the parties or their counsel shall be accorded
26 ample opportunity to present such statements, testimony,
27 evidence and argument as may be pertinent to the charges or
28 to their defense. The Department may continue such hearing
29 from time to time. At the discretion of the Director after
30 having first received the recommendation of the hearing
31 officer, the accused person's license may be suspended,
32 revoked, placed on probationary status, or other disciplinary
33 action may be taken as the Director may deem proper,
34 including limiting the scope, nature, or extent of said
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1 person's practice without a hearing, if the act or acts
2 charged constitute sufficient grounds for such action under
3 this Act.
4 (Source: P.A. 86-615; 87-1031.)
5 (225 ILCS 335/10) (from Ch. 111, par. 7510)
6 Sec. 10. Enforcement; petition to court.
7 (1) If any person violates the provisions of this Act,
8 the Director through the Attorney General of Illinois, or the
9 State's Attorney of any county in which a violation is
10 alleged to exist, may in the name of the People of the State
11 of Illinois petition for an order enjoining such violation or
12 for an order enforcing compliance with this Act. Upon the
13 filing of a verified petition in such court, the court may
14 issue a temporary restraining order, without notice or bond,
15 and may preliminarily and permanently enjoin such violation,
16 and if it is established that such person has violated or is
17 violating the injunction, the Court may punish the offender
18 for contempt of court.
19 (2) If any person shall practice as a licensee
20 registrant or hold himself or herself out as a licensee
21 registrant without being licensed registered under the
22 provisions of this Act, then any person licensed registered
23 under this Act, any interested party or any person injured
24 thereby may, in addition to those officers identified in
25 subsection (1) of this Section, petition for relief as
26 provided therein.
27 (3) Proceedings under this Section shall be in addition
28 to, and not in lieu of, all other remedies and penalties
29 which may be provided by law.
30 (Source: P.A. 83-1513.)
31 (225 ILCS 335/11) (from Ch. 111, par. 7511)
32 Sec. 11. Application of Act.
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1 (1) Nothing in this Act limits the power of a
2 municipality, city or county to regulate the quality and
3 character of work performed by roofing contractors through a
4 system of permits, fees, and inspections which are designed
5 to secure compliance with and aid in the implementation of
6 State and local building laws or to enforce other local laws
7 for the protection of the public health and safety.
8 (2) Nothing in this Act shall be construed to require a
9 seller of roofing materials or services to be licensed
10 certified as a roofing contractor when the construction,
11 reconstruction, alteration, maintenance or repair of roofing
12 or waterproofing is to be performed by a person other than
13 the seller or the seller's employees.
14 (3) Nothing in this Act shall be construed to require a
15 person who performs roofing or waterproofing work to his or
16 her own property, or for no consideration, to be licensed
17 certified as a roofing contractor.
18 (4) Nothing in this Act shall be construed to require a
19 person who performs roofing or waterproofing work to his or
20 her employer's property to be licensed certified as a roofing
21 contractor, where there exists an employer-employee
22 relationship. Nothing in this Act shall be construed to
23 apply to the installation of plastics, glass or fiberglass to
24 greenhouses and related horticultural structures, or to the
25 repair or construction of farm buildings.
26 (5) Nothing in this Act limits the power of a
27 municipality, city, or county to collect occupational license
28 and inspection fees for engaging in roofing contracting.
29 (6) Nothing in this Act limits the power of the
30 municipalities, cities or counties to adopt any system of
31 permits requiring submission to and approval by the
32 municipality, city, or county of plans and specifications for
33 work to be performed by roofing contractors before
34 commencement of the work.
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1 (7) Any official authorized to issue building or other
2 related permits shall ascertain that the applicant contractor
3 is duly licensed certified before issuing the permit. The
4 evidence shall consist only of the exhibition to him or her
5 of current evidence of licensure certification.
6 (8) This Act applies to any roofing contractor
7 performing work for the State or any county or municipality.
8 Officers of the State or any county or municipality are
9 required to determine compliance with this Act before
10 awarding any contracts for construction, improvement,
11 remodeling, or repair.
12 (9) If an incomplete contract exists at the time of
13 death of a contractor, the contract may be completed by any
14 person even though not licensed certified. Such person shall
15 notify the Department within 30 days after the death of the
16 contractor of his or her name and address. For the purposes
17 of this subsection, an incomplete contract is one which has
18 been awarded to, or entered into by, the contractor before
19 his or her death or on which he or she was the low bidder and
20 the contract is subsequently awarded to him or her regardless
21 of whether any actual work has commenced under the contract
22 before his or her death.
23 (10) The State or any county or municipality may require
24 that bids submitted for roofing construction, improvement,
25 remodeling, or repair of public buildings be accompanied by
26 evidence that that bidder holds an appropriate license
27 certificate issued pursuant to this Act.
28 (11) A municipality that requires a building permit or a
29 county that requires a building permit may not issue a
30 building permit to a roofing contractor unless that
31 contractor has provided sufficient proof that he or she is
32 licensed certified currently as a roofing contractor by the
33 State of Illinois.
34 (Source: P.A. 89-387, eff. 1-1-96.)