Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 335/ Illinois Roofing Industry Licensing Act.

225 ILCS 335/ Illinois Roofing Industry Licensing Act.

    (225 ILCS 335/1)(from Ch. 111, par. 7501)
    (Section scheduled to be repealed on January 1, 2016)
    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 to engage in the business as herein defined shall be required to establish his or her qualifications to be licensed as herein provided.
(Source: P.A. 90‑55, eff. 1‑1‑98.)

    (225 ILCS 335/2)(from Ch. 111, par. 7502)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:
    (a) "Licensure" means the act of obtaining or holding a license issued by 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 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 as related to roofing, 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.
    (g) "Qualifying party" means the individual filing as a sole proprietor, partner of a partnership, officer of a corporation, trustee of a business trust, or party of another legal entity, who is legally qualified to act for the business organization in all matters connected with its roofing contracting business, has the authority to supervise roofing installation operations, and is actively engaged in day to day activities of the business organization.
    "Qualifying party" does not apply to a seller of roofing materials or services 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.
    (h) "Limited roofing license" means a license made available to contractors whose roofing business is limited to residential roofing, including residential properties consisting of 8 units or less.
    (i) "Unlimited roofing license" means a license made available to contractors whose roofing business is unlimited in nature and includes roofing on residential, commercial, and industrial properties.
    (j) "Seller of services or materials" means a business entity primarily engaged in the sale of tangible personal property at retail.
(Source: P.A. 95‑303, eff. 1‑1‑08; 96‑624, eff. 1‑1‑10.)

    (225 ILCS 335/2.1)(from Ch. 111, par. 7502.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2.1. The Department may exercise the following powers and duties subject to the provisions of this Act:
    (a) To prescribe forms of application for certificates of registration.
    (b) To pass upon the qualifications of applicants for certificates of registration and issue certificates of registration to those found to be fit and qualified.
    (c) To conduct hearings on proceedings to revoke, suspend or otherwise discipline or to refuse to issue or renew certificates of registration.
    (d) To formulate rules and regulations when required for the administration and enforcement of this Act.
(Source: P.A. 89‑387, eff. 1‑1‑96.)

    (225 ILCS 335/3)(from Ch. 111, par. 7503)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3. Application for license.
    (1) To obtain a license, an applicant must indicate if the license is sought for a sole proprietorship, partnership, corporation, business trust, or other legal entity and whether the application is for a limited or unlimited roofing license. If the license is sought for a sole proprietorship, the license shall be issued to the proprietor who shall also be designated as the qualifying party. If the license is sought for a partnership, corporation, business trust, or other legal entity, the license shall be issued in the company name. A company must designate one individual who will serve as a qualifying party. The qualifying party is the individual who must take the examination required under Section 3.5. The company shall submit an application in writing to the Department on a form containing the information prescribed by the Department and accompanied by the fee fixed by the Department. The application shall include, but shall not be limited to:
        (a) the name and address of the person designated as
     the qualifying party responsible for the practice of professional roofing in Illinois;
        (b) the name of the proprietorship and its
     proprietor, the name of the partnership and its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members;
        (c) 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; if the business is a sole proprietorship and doing business under a name other than that of the individual proprietor, the individual proprietor must list all business names used for that proprietorship.
    (1.5) A certificate issued by the Department before the effective date of this amendatory Act of the 91st General Assembly shall be deemed a license for the purposes of this Act.
    (2) An applicant for a license must submit satisfactory evidence that:
        (a) he or she has obtained public liability and
     property damage insurance in such amounts and under such circumstances as may be determined by the Department;
        (b) he or she has obtained Workers' Compensation
     insurance covering his or her employees or is approved as a self‑insurer of Workers' Compensation in accordance with Illinois law;
        (c) he or she has an Illinois Unemployment Insurance
     employer identification number or has proof of application to the Illinois Department of Labor for such an identification number;
        (d) he or she has submitted a continuous bond to the
     Department in the amount of $10,000 for a limited license and in the amount of $25,000 for an unlimited license; and
        (e) a qualifying party has satisfactorily completed
     the examination required under Section 3.5.
    (3) It is the responsibility of the licensee to provide to the Department notice in writing of any changes in the information required to be provided on the application.
    (4) All roofing contractors must designate a qualifying party and otherwise achieve compliance with this Act no later than July 1, 2003 or his or her license will automatically expire on July 1, 2003.
    (5) Nothing in this Section shall apply to a seller of roofing materials or services 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.
    (6) Applicants have 3 years from the date of application to complete the application process. If the application has not been completed within 3 years, the application shall be denied, the fee shall be forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 91‑950, eff. 2‑9‑01.)

    (225 ILCS 335/3.2)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3.2. Bond. Before issuing or renewing a license, the Department shall require each applicant or licensee to file and maintain in force a surety bond, issued by an insurance company authorized to transact fidelity and surety business in the State of Illinois. The bond shall be continuous in form, unless terminated by the insurance company. An insurance company may terminate a bond and avoid further liability by filing a 60‑day notice of termination with the Department and, at the same time, sending the notice to the roofing contractor. A license shall be cancelled without hearing on the termination date of the roofing contractor's bond, unless a new bond is filed with the Department to become effective at the termination date of the prior bond. If a license has been cancelled without hearing under this Section, the license shall be reinstated upon showing proof of compliance with this Act.
(Source: P.A. 91‑950, eff. 2‑9‑01.)

    (225 ILCS 335/3.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3.5. Examination.
    (a) The Department shall authorize examinations for applicants for initial licenses at the time and place it may designate. The examinations shall be of a character to fairly test the competence and qualifications of applicants to act as roofing contractors. Each applicant for limited licenses shall designate a qualifying party who shall take an examination, the technical portion of which shall cover residential roofing practices. Each applicant for an unlimited license shall designate a qualifying party who shall take an examination, the technical portion of which shall cover residential, commercial, and industrial roofing practices.
    (b) An applicant for a limited license or an unlimited license or a qualifying party designated by an applicant for a limited license or unlimited license shall pay, either to the Department or the designated testing service, a fee established by the Department to cover the cost of providing the examination. Failure of the individual scheduled to appear for the examination on the scheduled date at the time and place specified after his or her application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee.
    (c) The qualifying party for an applicant for a new license must have passed an examination authorized by the Department before the Department may issue a license.
    (d) The application for a license as a corporation, business trust, or other legal entity submitted by a sole proprietor who is currently licensed under this Act and exempt from the examination requirement of this Section shall not be considered an application for initial licensure for the purposes of this subsection (d) if the sole proprietor is named in the application as the qualifying party and is the sole owner of the legal entity. Upon issuance of a license to the new legal entity, the sole proprietorship license is terminated.
    The application for initial licensure as a partnership, corporation, business trust, or other legal entity submitted by a currently licensed partnership, corporation, business trust, or other legal entity shall not be considered an application for initial licensure for the purposes of this subsection (d) if the entity's current qualifying party is exempt from the examination requirement of this Section, that qualifying party is named as the new legal entity's qualifying party, and the majority of ownership in the new legal entity remains the same as the currently licensed entity. Upon issuance of a license to the new legal entity under this subsection (d), the former license issued to the applicant is terminated.
    (e) An applicant has 3 years after the date of his or her application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 95‑303, eff. 1‑1‑08; 96‑624, eff. 1‑1‑10.)

    (225 ILCS 335/4) (from Ch. 111, par. 7504)
    Sec. 4. (Repealed).
(Source: P.A. 90‑55, eff. 1‑1‑98. Repealed by P.A. 91‑950, eff. 2‑9‑01.)

    (225 ILCS 335/4.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4.5. Duties of qualifying party; replacement; grounds for discipline.
    (a) While engaged as or named as a qualifying party for a licensee, no person may be the named qualifying party for any other licensee. However, the person may act in the capacity of the qualifying party for one additional licensee of the same type of licensure if one of the following conditions exists:
        (1) There is a common ownership of at least 25% of
     each licensed entity for which the person acts as a qualifying party.
        (2) The same person acts as a qualifying party for
     one licensed entity and its licensed subsidiary.
    "Subsidiary" as used in this Section means a corporation of which at least 25% is owned by another licensee.
    (b) In the event that a qualifying party is terminated or terminating his or her status as qualifying party of a licensee, the qualifying party and the licensee shall notify the Department of that fact in writing. Thereafter, the licensee shall notify the Department of the name and address of the newly designated qualifying party. The newly designated qualifying party must take the examination prescribed in Section 3.5 of this Act; however, a newly designated qualifying party is exempt from the examination requirement until January 1, 2012 if he or she has acted in the capacity of a roofing contractor for a period of at least 15 years for the licensee for which he or she seeks to be the qualifying party. These requirements shall be met in a timely manner as established by rule of the Department.
    (c) A qualifying party that is accepted by the Department shall have the authority to act for the licensed entity in all matters connected with its roofing contracting business and to supervise roofing installation operations. This authority shall not be deemed to be a license for purposes of this Act.
    (d) Designation of a qualifying party by an applicant under Section 3 is subject to acceptance by the Department. The Department may refuse to accept a qualifying party (i) for failure to qualify as required under this Act and the rules adopted under this Act or (ii) after making a determination that the designated party has a history of acting illegally, fraudulently, incompetently, or with gross negligence in the roofing or construction business.
    (e) The Department may, at any time after giving appropriate notice and the opportunity for a hearing, suspend or revoke its acceptance of a qualifying party designated by a licensee for any act or failure to act that gives rise to any ground for disciplinary action against that licensee under Section 9.1 or 9.6 of this Act. If the Department suspends or revokes its acceptance of a qualifying party, the license of the licensee shall be deemed to be suspended until a new qualifying party has been designated by the licensee and accepted by the Department.
    If acceptance of a qualifying party is suspended or revoked for action or inaction that constitutes a violation of this Act or the rules adopted under this Act, the Department may in addition take such other disciplinary or non‑disciplinary action as it may deem proper, including imposing a fine on the qualifying party, not to exceed $10,000 for each violation.
    All administrative decisions of the Department under this subsection (e) are subject to judicial review pursuant to Section 9.7 of this Act. An order taking action against a qualifying party shall be deemed a final administrative decision of the Department for purposes of Section 9.7 of this Act.
(Source: P.A. 96‑624, eff. 1‑1‑10.)

    (225 ILCS 335/5)(from Ch. 111, par. 7505)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5. Display of license number; advertising.
    (a) Each State licensed roofing contractor shall affix the roofing contractor license number and the licensee's name, as it appears on the license, to all of his or her contracts and bids. In addition, the official issuing building permits shall affix the roofing contractor license number to each application for a building permit and on each building permit issued and recorded.
    (a‑5) A person who knowingly, in the course of applying for a building permit with a unit of local government, provides the roofing license number of a roofing contractor whom he or she does not intend to have perform the work on the roofing portion of the project commits identity theft under paragraph (8) of subsection (a) of Section 16G‑15 of the Criminal Code of 1961.
    (b) In addition, every roofing contractor shall affix the roofing contractor license number and the licensee's name, as it appears on the license, on all commercial vehicles used as part of his or her business as a roofing contractor.
    (c) Every holder of a license 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 the roofing contractor license number and the licensee's name, as it appears on the license. 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 and the licensee's name, as it appears on the license, 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. 96‑624, eff. 1‑1‑10; 96‑1324, eff. 7‑27‑10.)

    (225 ILCS 335/5.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5.5. Contracts. A roofing contractor, when signing a contract, must provide a land‑based phone number and a street address other than a post office box at which he or she may be contacted.
(Source: P.A. 91‑950, eff. 2‑9‑01.)

    (225 ILCS 335/6)(from Ch. 111, par. 7506)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 6. Expiration; restoration; renewal.
    (a) The expiration date and renewal period for each certificate of registration issued under this Act shall be set by the Department by rule.
    (b) A licensee who has permitted his or her license to expire or whose license is on inactive status may have his or her license restored by making application to the Department in the form and manner prescribed by the Department.
(Source: P.A. 95‑303, eff. 1‑1‑08.)

    (225 ILCS 335/7)(from Ch. 111, par. 7507)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 7. Fees.
    (1) The initial application fee for a certificate shall be fixed by the Department by rule.
    (2) All other fees not set forth herein shall be fixed by rule.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (6) All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.
(Source: P.A. 94‑254, eff. 7‑19‑05.)

    (225 ILCS 335/8)(from Ch. 111, par. 7508)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 8. Public records.
    (1) All information required by the Department of any applicant for licensure shall be a public record, except financial information.
    (2) If a licensee changes his or her name style, address or employment from that which appears on his or her current license, 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. 90‑55, eff. 1‑1‑98.)

    (225 ILCS 335/9)(from Ch. 111, par. 7509)
    (Section scheduled to be repealed on January 1, 2016)
    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 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 under this Act.
    (3) Sellers of roofing services may subcontract the provision of those roofing services only to roofing contractors licensed under this Act.
(Source: P.A. 90‑55, eff. 1‑1‑98; 91‑950, eff. 2‑9‑01.)

    (225 ILCS 335/9.1)(from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2016)
    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 or non‑disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any license for any one or combination of the following causes:
        (a) violation of this Act or its rules;
        (b) conviction or plea of guilty or nolo contendere
    of any crime under the laws of the United States or any state or territory thereof that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession;
        (c) making any misrepresentation for the purpose of
    obtaining a license;
        (d) professional incompetence or gross negligence in
    the practice of roofing contracting, prima facie evidence of which may be a conviction or judgment in any court of competent jurisdiction against an applicant or licensee relating to the practice of roofing contracting or the construction of a roof or repair thereof that results in leakage within 90 days after the completion of such work;
        (e) (blank);
        (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) a finding 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 f