Public Act 90-0055 of the 90th General Assembly

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Public Act 90-0055

HB1884 Enrolled                               LRB9003623DPccA

    AN ACT concerning roofing contractors, amending  a  named

    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
    (c)  "Director"   means   the  Director  of  Professional
    (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
(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
    (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
    (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
(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
    (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
         (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
(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
(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.)

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