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Illinois Contractor Licensing Law

Illinois Code · 54 sections

The following is the full text of Illinois’s contractor licensing law statutes as published in the Illinois Code. For the official version, see the Illinois Legislature.


225 ILCS 317/10

(225 ILCS 317/10) Sec. 10. Definitions. As used in this Act, unless the context otherwise requires: "Designated certified person" means an individual who has met the qualifications set forth under Section 20. "Fire protection system layout documents" means layout drawings, catalog information on standard products, and other construction data that provide detail on the location of risers, cross mains, branch lines, sprinklers, piping per applicable standard, and hanger locations. "Fire protection system layout documents" serve as a guide for fabrication and installation of a fire sprinkler system and shall be based upon applicable standards pursuant to Section 30. "Fire sprinkler contractor" means a person who holds himself or herself out to be in the business of providing service for a fire sprinkler system or contracts with a person to provide service for a fire sprinkler system. "Fire sprinkler contractor license" means a license issued to a qualified fire sprinkler contractor. "Fire sprinkler inspector" means an individual who is qualified to perform routine inspection or testing of fire sprinkler systems pursuant to Section 17 and who is employed by a single fire sprinkler contractor at a time to perform fire sprinkler inspections. "Fire sprinkler inspector license" means a license issued to a qualified fire sprinkler inspector. "Fire sprinkler system" means any water-based automatic fire extinguishing system employing fire sprinklers, including accessory fire pumps and associated piping, fire standpipes, or underground fire main systems starting at the connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code and ending at the most remote fire sprinkler. "Fire sprinkler system" includes but is not limited to a fire sprinkler system in a residential, commercial, institutional, educational, public, or private occupancy. "Fire sprinkler system" does not include single sprinkler heads that are in a loop of the potable water system, as referenced in 77 Ill. Adm. Code 890.1130 and 890.1200. "Licensee" means a person or business organization licensed in accordance with this Act. "NICET" means the National Institute for Certification in Engineering Technologies. "Office" means the Office of the State Fire Marshal. "Person" means an individual, group of individuals, association, trust, partnership, corporation, limited liability company, firm, business, person doing business under an assumed name, the State of Illinois, or department thereof, any other state-owned and operated institution, or any other entity. "Responsible managing employee" means the individual designated by the fire sprinkler contractor that is not required to have a designated certified person under Section 120. "Routine inspection or testing" means inspection or testing to verify the condition of an existing fire sprinkler system at predetermined intervals in accordance with the standards of the National Fire Protection Association. "Rules" means the rules adopted pursuant to this Act. "Service" means work on a fire sprinkler system, including, but not limited to, installation, repair, inspection, testing, and maintenance, within the scope of this Act. "Standards" means those standards or codes referenced in this Act or its rules. "Supervision" means the direction and management by a designated certified person or responsible managing employee of the activities of non-certified personnel in the service of fire sprinkler systems.(Source: P.A. 102-612, eff. 8-27-21; 103-761, eff. 1-1-25.)


225 ILCS 317/120

(225 ILCS 317/120) Sec. 120. Grandfather clause. Any person or business that, as of January 3, 2003 was installing or repairing fire sprinkler systems in the State of Illinois and had a minimum of 3 years of experience in installing or repairing fire sprinkler systems before January 3, 2003 is exempt from having a designated certified person as required in Section 20. A fire sprinkler contractor that is exempt from having a designated certified person shall have a responsible managing employee. Beginning July 1, 2021, no person or business organization shall be issued an initial fire sprinkler contractor license using such exemption. (Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/16

(225 ILCS 317/16) Sec. 16. Fire sprinkler contractor license. (a) A person applying for a fire sprinkler contractor license shall have a designated certified person who meets the requirements pursuant to Section 20 or a responsible managing employee pursuant to Section 120 employed at the business location. The designated certified person or responsible managing employee shall be identified on the license application. (b) A person applying for a fire sprinkler contractor license shall show proof of having liability and property damage insurance in such amounts and under such circumstances as may be determined by the Office. The amount of liability and property damage insurance, however, shall not be less than the amount specified in Section 35. (c) A person applying for a fire sprinkler contractor license shall show proof of having workers' compensation insurance covering its employees or be approved as a self-insurer of workers' compensation in accordance with the laws of this State. (d) A fire sprinkler contractor licensee shall have a separate license for each business location within the State or outside the State when the business location is responsible for any installation, repair, inspection, testing, maintenance, or service of fire sprinkler systems performed within the State. (e) When an individual proposes to do business in his or her own name, a license, when granted, shall be issued only to that individual. (f) If the applicant requesting licensure to engage in contracting is a business organization, such as a partnership, corporation, business trust, or other legal entity, the application shall state 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 the other legal entity and its members and shall furnish evidence of statutory compliance if a fictitious name is used. Application for a fire sprinkler contractor license shall also show that the business entity employs a designated certified person or responsible managing employee. The license, when issued upon application of a business organization, shall be in the name of the business organization and the name of the qualifying designated certified person or responsible managing employee shall be noted on the license. Changes to the information required in this Section shall be reported to the Office within 30 days after the change. (g) Each fire sprinkler contractor shall be subject to requirements for license renewal and continuing education under Section 35. (Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/17

(225 ILCS 317/17) Sec. 17. Fire sprinkler inspector license; application; minimum qualifications for routine inspection or testing. (a) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall: (i) be employed by a single licensed fire sprinkler contractor at a time to perform fire sprinkler inspections; and (ii) meet the minimum qualifications of this Section except where the individual is exempted by subsection (c). Beginning January 1, 2024, any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall be individually licensed and possess on his or her person a fire sprinkler inspector license including a photo identification issued by the Office. A person applying for an initial fire sprinkler inspector license or renewing a fire sprinkler inspector license shall demonstrate to the Office proof of minimum qualifications as required by subsection (b) of this Section, except where the individual is exempted by subsection (c). (b) Any individual who performs routine inspection or testing of any fire sprinkler system under this Act shall possess proof of: (1) current certification by a nationally recognized certification organization, such as NICET certification in Inspection and Testing of Water Based Systems, at an appropriate level, or the equivalent; on or after the effective date of this amendatory Act of the 102nd General assembly through December 31, 2022, an appropriate level in NICET certification in Inspection and Testing of Water Based Systems shall be level II; on and after January 1, 2023, an appropriate level in NICET certification in Inspection and Testing of Water Based Systems shall be level III; (2) current ASSE 15010 certification in inspection, testing, and maintenance for water-based fire protection systems by the American Society of Sanitary Engineering; or (3) satisfactory completion of a certified sprinkler fitter apprenticeship program approved by the U.S. Department of Labor. (c) The following are exemptions to the licensing requirements of this Section: (1) State employees who perform routine inspection or testing on behalf of State institutions and who meet the requirements of subsection (b) need not be licensed under this Section or employed by a fire sprinkler contractor under this Act in order to perform routine inspection or testing duties while engaged in the performance of their official duties. (2) The requirements of this Section do not apply to individuals performing inspection or testing of fire sprinkler systems on behalf of a municipality, a county, a fire department, a fire protection district, or the Office while engaged in the performance of their official duties. (3) The requirements of this Section do not apply to a stationary engineer, operating engineer, or other individual employed on a full-time basis by the facility owner or owner's representative performing weekly and monthly inspections and tests in accordance with applicable standards adopted under the rules. (d) Each fire sprinkler inspector shall be subject to the requirements for license renewal and continuing education under Section 35. (e) Nothing in this Act shall be construed to prohibit an individual who is licensed as a fire sprinkler inspector from being employed by another employer or self-employed to perform duties that would not require a fire sprinkler inspector license. (Source: P.A. 102-612, eff. 8-27-21; 103-761, eff. 1-1-25.)


225 ILCS 317/20

(225 ILCS 317/20) Sec. 20. Designated certified person requirements; change of a designated certified person. (a) A designated certified person shall either be a current Illinois licensed professional engineer pursuant to the Professional Engineering Practice Act of 1989 or hold a valid NICET Level III or higher certification in water-based fire protection systems layout. (b) At least one member of every firm, association, or partnership and at least one officer of every corporation engaged in the service of fire sprinkler systems shall be a designated certified person. (c) A designated certified person shall be employed by the fire sprinkler contractor at each business location with a valid license. (d) A designated certified person shall perform his or her normal duties at a business location with a valid license. (e) A designated certified person may only be the designated certified person for one business location and one business entity. (f) A designated certified person shall be directly involved in supervision. The designated certified person does not, however, have to be at the site of the service of the fire sprinkler system at all times. (g) A designated certified person shall provide an affirmative statement acknowledging his or her role as the designated certified person for the fire sprinkler contractor. (h) When a fire sprinkler contractor is without a designated certified person, the fire sprinkler contractor shall notify the Office in writing within 30 days and shall employ a designated certified person no later than 180 days from the time the position of designated certified person becomes vacant. Failing to fill the vacant position shall cause the fire sprinkler contractor license to expire without further operation of law.(Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/30

(225 ILCS 317/30) Sec. 30. Requirements for the service of fire sprinkler systems. (a) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The Office shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination. (b) Service for equipment shall be provided in accordance with the applicable standards as adopted in the rules and the manufacturer's specifications. (c) The contractor shall furnish the user with operating instructions for all equipment installed, together with as-built plans of the final installation. (d) All fire sprinkler systems shall have a backflow prevention device or, in a municipality with a population over 500,000, a double detector check assembly installed by a licensed plumber before the fire sprinkler system connection to the water service. Connection to the backflow prevention device or, in a municipality with a population over 500,000, a double detector assembly shall be done in a manner consistent with the Department of Public Health's Plumbing Code. (e) (Blank). (f) Routine inspection or testing of existing fire sprinkler systems and control equipment shall be performed by an individual qualified under Section 17. A copy of the inspection report for routine inspection or testing of a fire sprinkler system shall be sent to the local fire jurisdiction as provided by Section 31. (Source: P.A. 101-626, eff. 6-1-20; 102-612, eff. 8-27-21.)


225 ILCS 317/31

(225 ILCS 317/31) Sec. 31. Reporting of routine inspection or testing activity. A copy of the inspection report for routine inspection or testing of a fire sprinkler system provided by a fire sprinkler inspector shall be forwarded by the entity performing the routine inspection or testing to the local fire jurisdiction in which the fire sprinkler system is located within 20 business days after the routine inspection or testing or within the time frame required by the local fire jurisdiction, whichever is less. The report for routine inspection or testing shall include: (1) the name and license number of the individual or individuals who performed the routine inspection or testing; and (2) the name and license number of the fire sprinkler contractor by whom the individual or individuals are employed. (Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/32

(225 ILCS 317/32) Sec. 32. Application for building permit; identity theft. A person who knowingly, in the course of applying for a building permit with a unit of local government, provides the license number of a fire sprinkler contractor whom he or she does not intend to have perform the work on the fire sprinkler portion of the project commits identity theft under paragraph (8) of subsection (a) of Section 16-30 of the Criminal Code of 2012. (Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)


225 ILCS 317/35

(225 ILCS 317/35) Sec. 35. Fees, renewals, continuing education, and required insurance. (a) The fees for an initial license and each renewal and for duplicate copies of licenses shall be determined by the Office by rule. (b) Each license shall be renewed every 2 years. Each licensee shall complete at least 16 hours of continuing education in the 2-year period following the licensee's renewal or initial licensure, with at least 8 hours of continuing education completed during each year of the current license. To satisfy the continuing education requirement for fire sprinkler contractors, continuing education shall be completed by the designated certified person or responsible managing employee on behalf of the fire sprinkler contractor licensee. Current licensure as a professional engineer or proof of current NICET Level III or IV certification in water-based fire protection systems layout shall satisfy the continuing education requirement for designated certified persons. Continuing education offered through nationally recognized building and fire code organizations and their affiliates; nationally recognized fire sprinkler organizations and their affiliates; institutions of higher education; educational bodies specializing in automatic fire suppression system technology; as well as other entities approved by the Office shall be also acceptable. All continuing education entities seeking to be approved providers of continuing education shall make application to the Office and offer programs that: (1) contribute to the advancement, extension, or enhancement of the professional skills or technical knowledge of the licensee in the practice of fire sprinkler contracting; and (2) are developed and presented by persons with education or experience in the subject manner of the program. (c) Any person who fails to file a renewal application by the date of expiration of a license shall be assessed a late filing fee, which shall be determined by the Office by rule. (d) Any fee required by this Act is not refundable in the event that the initial application or application for renewal is denied. (e) Every application for an initial license or renewal of a fire sprinkler contractor license shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Illinois or by a risk retention or purchasing group formed pursuant to the federal Liability Risk Retention Act of 1986, which provides primary, first dollar public liability coverage of the applicant or licensee for personal injuries for not less than $500,000 per person or $1,000,000 per occurrence, and, in addition, for not less than $1,000,000 per occurrence for property damage. The insurance policy shall be in effect at all times during the license year and a new certificate of insurance shall be filed with the Office within 30 days after the renewal of the insurance policy. (Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/50

(225 ILCS 317/50) Sec. 50. Powers and duties of the Office. The Office has all of the following powers and duties: (a) To prescribe and furnish application forms, licenses, and any other forms necessary under this Act. (b) To suspend, revoke, or refuse to issue or renew licenses for cause. (c) To conduct hearings concerning the suspension, revocation, or refusal to issue or renew licenses. (d) To levy and collect fines pursuant to this Act. (e) To adopt rules and incorporate standards necessary for the administration of this Act and to enforce the rules and standards adopted under the Act or its rules. (f) To investigate applications, complaints, and allegations of violations associated with this Act. (g) To establish fee schedules for licenses. (h) To establish a database of licensed fire sprinkler contractors and licensed fire sprinkler inspectors.(Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/60

(225 ILCS 317/60) Sec. 60. Grounds for disciplinary action. The following constitute grounds for disciplinary action by the Office: (1) Violation of any provision of this Act or rules or standards adopted under this Act or its rules. (2) Violation of the applicable building, fire, or life safety codes or laws of this State or any municipality or county thereof. (3) Diversion of funds or property received for prosecution or completion of a specified construction project or operation when, as a result of the diversion, the contractor is, or will be, unable to fulfill the terms of his or her obligation or contract. (4) Any final disciplinary action by any municipality or county of this State, which action shall be reviewed by the Office before the Office takes any disciplinary action. (5) Failure to supervise the service of the fire sprinkler system performed by the contractor. (6) Rendering a fire sprinkler system, standpipe system, or underground water supply main connecting to the system inoperative except when the fire sprinkler system, standpipe system, or underground water supply main is being serviced or pursuant to court order. (7) Improperly servicing a fire sprinkler system, standpipe system, or underground water supply main connecting to the system based upon applicable standards of this Act or as adopted by rule. (8) Failing to provide proof of insurance to the Office or failing to maintain in force the insurance coverage required by this Act. (9) Failing to obtain, retain, or maintain one or more of the qualifications for a designated certified person or responsible managing employee as specified in this Act. (10) Making a material misstatement or misrepresentation or committing a fraud in obtaining or attempting to obtain a license. (11) Failing to notify the Office, in writing, within 30 days after a change of residence address, principal business address, name, or designated certified person or responsible managing employee. (12) Failure to supply within a reasonable time, upon request from the Office or its authorized representative, true information regarding material used, work performed, or other information essential to the administration of this Act. (13) Aiding or assisting a person to violate any provision of this Act or its rules, or conspiring with any person to violate any provision of this Act or its rules. (14) Discipline by another U.S. jurisdiction if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section. (15) Improperly advertising services for installing, maintaining, servicing, repairing, testing, or inspecting a fire sprinkler system. (16) Making a material misstatement or misrepresentation or committing fraud in the installation, repair, inspection, testing, maintenance, or service of a fire sprinkler system, standpipe system, or underground water supply main connecting to the system. (17) Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is a felony or misdemeanor, an essential element of which is dishonesty, or that is directly related to the business practices or the installation, repair, inspection, testing, maintenance, or service of a fire sprinkler system, standpipe system, or underground water supply main connecting to the system. (18) Directly or indirectly willfully receiving compensation for any professional service related to the license, not properly or actually rendered, including inspections. (19) Permitting the use of a license issued under this Act to enable an unlicensed person or agency to operate as a licensee. (20) Use of a license or license number issued under this Act by an unlicensed person to operate as a licensee. (Source: P.A. 102-612, eff. 8-27-21.)


225 ILCS 317/62

(225 ILCS 317/62) Sec. 62. Unlicensed practice; violation; civil penalty. (a) Any person, entity, or business that offers fire sprinkler contractor services under this Act without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty, which shall be deposited into the Fire Prevention Fund, in an amount not to exceed $10,000 for each offense, as determined by the Office. If any person, entity, or business commits a second offense within 24 months, the civil penalty shall be no less than $10,000, which shall be deposited into the Fire Prevention Fund. If any person, entity, or business commits more than 2 offenses within 24 months, the civil penalty shall be no less than $25,000, which shall be deposited into the Fire Prevention Fund. The civil penalty shall be assessed by the Office after a hearing is held in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a licensee. (b) Use of the title "fire sprinkler inspector" is limited to those individuals licensed under this Act. Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a fire sprinkler inspector without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty, which shall be deposited into the Fire Prevention Fund, in an amount not to exceed $10,000 for each offense, as determined by the Office. If any person commits a second offense within 24 months, the civil penalty shall be no less than $10,000, which shall be deposited into the Fire Prevention Fund. If any person commits more than 2 offenses within 24 months, the civil penalty shall be no less than $25,000, which shall be deposited into the Fire Prevention Fund. The civil penalty shall be assessed by the Office after a hearing is held in accordance with the provisions of this Act regarding the provision of a hearing for the discipline of a licensee. (c) The Office may investigate any actual, alleged, or suspected unlicensed activity. (d) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a final judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 104-416, eff. 8-15-25.)


225 ILCS 320/1

(225 ILCS 320/1) (from Ch. 111, par. 1101) Sec. 1. Purpose. It has been established by scientific evidence that improper plumbing can result in the introduction of pathogenic organisms into the potable water supply, result in the escape of toxic gases into the environment, and result in potentially lethal disease and epidemic. It is further found that minimum numbers of plumbing facilities and fixtures are necessary for the comfort and convenience of workers and persons in public places. Consistent with its duty to safeguard the health of the people of this State, the General Assembly therefore declares that the regulation of plumbing and the plumbing trade is necessary for the protection of the public health, convenience, and welfare. The General Assembly therefore declares that individuals who plan, inspect, install, alter, extend, repair and maintain plumbing systems shall be individuals of proven skill. Further, the General Assembly declares that a guide for the minimum control and number of plumbing materials and fixtures, the design of plumbing systems, and the construction and installation methods of plumbing systems is essential for the protection of public health and convenience. In order to insure plumbing skill and to authoritatively establish what shall be good plumbing practice, this Act provides for the licensing of plumbers and registration of plumbing contractors and for the promulgation of a Minimum Plumbing Code of standards by the Department. This Act is therefore declared to be essential to the public interest. (Source: P.A. 92-338, eff. 8-10-01.)


225 ILCS 320/13.1

(225 ILCS 320/13.1) Sec. 13.1. Plumbing contractors; registration; applications. (1) On and after May 1, 2002, all persons or corporations desiring to engage in the business of plumbing contractor, other than any entity that maintains an audited net worth of shareholders' equity equal to or exceeding $100,000,000, shall register in accordance with the provisions of this Act. (2) Application for registration shall be filed with the Department each year, on or before the last day of September, in writing and on forms prepared and furnished by the Department. All plumbing contractor registrations expire on the last day of September of each year. (3) Applications shall contain the name, address, and telephone number of the person and the plumbing license of (i) the individual, if a sole proprietorship; (ii) the partner, if a partnership; or (iii) an officer, if a corporation. The application shall contain the business name, address, and telephone number, a current copy of the plumbing license, and any other information the Department may require by rule. (4) Applicants shall submit an original certificate of insurance documenting that the contractor carries general liability insurance with a minimum of $100,000 per occurrence, a minimum of $300,000 aggregate for bodily injury, property damage insurance with a minimum of $50,000 or a minimum of $300,000 combined single limit, and workers compensation insurance with a minimum $500,000 employer's liability. No registration may be issued in the absence of this certificate. Certificates must be in force at all times for registration to remain valid. (5) Applicants shall submit, on a form provided by the Department, an indemnification bond in the amount of $20,000 or a letter of credit in the same amount for work performed in accordance with this Act and the rules promulgated under this Act. (5.5) The Department, upon notification by the Illinois Workers' Compensation Commission or the Department of Insurance, shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Illinois Workers' Compensation Commission or the Department of Insurance to have failed: (a) to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act; (b) to pay in full a fine or penalty imposed by the Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act; or (c) to fulfill all obligations assumed pursuant to any settlement reached with the Illinois Workers' Compensation Commission or the Department of Insurance due to a failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act. A complaint filed with the Department by the Illinois Workers' Compensation Commission or the Department of Insurance that includes a certification, signed by its Director or Chairman or designee, attesting to a finding of the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act or the failure to pay any fines or penalties or to discharge any obligation under a settlement relating to the failure to secure workers' compensation obligations in the manner required by subsections (a) and (b) of Section 4 of the Workers' Compensation Act is prima facie evidence of the licensee's or applicant's failure to comply with subsections (a) and (b) of Section 4 of the Workers' Compensation Act. Upon receipt of that certification, the Department shall, without a hearing, immediately suspend all licenses held by the licensee or the processing of any application from the applicant. Enforcement of the Department's order shall be stayed for 60 days. The Department shall provide notice of the suspension to the licensee by mailing a copy of the Department's order to the licensee's or applicant's address of record or emailing a copy of the order to the licensee's or applicant's email address of record. The notice shall advise the licensee or applicant that the suspension shall be effective 60 days after the issuance of the order unless the Department receives, from the licensee or applicant, a request for a hearing before the Department to dispute the matters contained in the order. Upon receiving notice from the Illinois Workers' Compensation Commission or the Department of Insurance that the violation has been corrected or otherwise resolved, the Department shall vacate the order suspending a licensee's license or the processing of an applicant's application. No license shall be suspended or revoked until after the licensee is afforded any due process protection guaranteed by statute or rule adopted by the Illinois Workers' Compensation Commission or the Department of Insurance. (6) All employees of a registered plumbing contractor who engage in plumbing work shall be licensed plumbers or apprentice plumbers in accordance with this Act. (7) Plumbing contractors shall submit an annual registration fee in an amount to be established by rule. (8) The Department shall be notified in advance of any changes in the business structure, name, or location or of the addition or deletion of the owner or officer who is the licensed plumber listed on the application. Failure to notify the Department of this information is grounds for suspension or revocation of the plumbing contractor's registration. (9) In the event that the plumber's license on the application for registration of a plumbing contractor is a license issued by the City of Chicago, it shall be the responsibility of the applicant to forward a copy of the plumber's license to the Department, noting the name of the registered plumbing contractor, when it is renewed. In the event that the plumbing contractor's registration is suspended or revoked, the Department shall notify the City of Chicago and any corresponding plumbing contractor's license issued by the City of Chicago shall be suspended or revoked. (Source: P.A. 103-26, eff. 1-1-24; 103-605, eff. 7-1-24.)


225 ILCS 320/16

(225 ILCS 320/16) (from Ch. 111, par. 1115) Sec. 16. (1) Any city, village or incorporated town, having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act and specifying educational or experience requirements equivalent to those prescribed in this Act, provide for a board of plumbing examiners to conduct examinations for, and to issue, suspend, or revoke, plumbers' licenses, within such city, village or incorporated town. Upon the enactment of such ordinance the provisions of this act shall not apply within any such municipality except as otherwise provided herein. (2) Any person licensed as a plumber pursuant to such ordinance, or licensed by the Department under this Act, may engage in plumbing anywhere in this State. (3) Any board of plumbing examiners created pursuant to this Section shall maintain a current record similar to that required of the Director by Section 8 of this Act, and shall provide the Department with a copy thereof. The Department shall be advised of changes in such record at least every six months. (4) In the event that the plumbing contractor's license is suspended or revoked by any city, village, or incorporated town, having a population of 500,000 or more, the city, village, or incorporated town shall notify the Department. (5) Any city, village, or incorporated town having a population of 500,000 or more that licenses an individual as a plumber shall provide a license composed of a solid plastic card that includes a photo of the licensed plumber printed directly on the card. An applicant who is 21 years of age or older seeking a religious exemption to the photo requirement of this subsection shall furnish with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photo requirement shall submit fingerprints in a form and manner prescribed by the city, village, or incorporated town with his or her application in lieu of a photo. (Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13; 98-848, eff. 1-1-15.)


225 ILCS 320/16.1

(225 ILCS 320/16.1) Sec. 16.1. Local ordinances; irrigation contractors. (1) Any city, village, or incorporated town having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act with respect to the registration of irrigation contractors, provide for the registration of irrigation contractors within such city, village, or incorporated town. Upon the enactment of the ordinance, the provisions of this Act relating to irrigation contractors shall not apply within any such municipality except as otherwise provided herein. (2) Any person registered as an irrigation contractor pursuant to such ordinance, or registered by the Department under this Act, may install or supervise the installation of lawn sprinkler systems anywhere in this State. (3) Any municipality enacting an ordinance pursuant to this Section shall maintain a current record similar to that required of the Department by Section 2.5 of this Act, and shall provide the Department with a copy thereof. The Department shall be advised of changes in such record at least every 6 months. (Source: P.A. 91-678, eff. 1-26-00.)


225 ILCS 320/2

(225 ILCS 320/2) (from Ch. 111, par. 1102) Sec. 2. When used in this Act: "Agent" means a person designated by a sponsor as responsible for supervision of an apprentice plumber and who is also an Illinois licensed plumber. "Apprentice plumber" means any licensed person who is learning and performing plumbing under the supervision of a sponsor or his agent in accordance with the provisions of this Act. "Approved apprenticeship program" means an apprenticeship program approved by the U.S. Department of Labor's Bureau of Apprenticeship and Training and the Department under rules. "Board" means the Illinois State Board of Plumbing Examiners. "Building drain" means that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to 5 feet beyond the foundation walls where it is connected to the building sewer. "Building sewer" means that part of the horizontal piping of a drainage system that extends from the end of the building drain, receives the discharge of the building drain and conveys it to a public sewer or private sewage disposal system. "Department" means the Illinois Department of Public Health. "Director" means the Director of the Illinois Department of Public Health. "Governmental unit" means a city, village, incorporated town, county, or sanitary or water district. "Irrigation contractor" means a person who installs or supervises the installation of lawn sprinkler systems subject to Section 2.5 of this Act, other than a licensed plumber or a licensed apprentice plumber. "Irrigation employee" means a person who is employed by a registered irrigation contractor or a licensed plumber, and who designs, repairs, alters, maintains, or installs lawn sprinkler systems that are subject to Section 2.5 of this Law. "Lawn sprinkler system" means any underground irrigation system of lawn, shrubbery and other vegetation from any potable water sources; and from any water sources, whether or not potable. "Lawn sprinkler system" includes without limitation the water supply piping, valves, control systems, low voltage wiring, sprinkler heads or other irrigation outlets, and moisture or rainfall sensing equipment, but does not include the backflow prevention device. "Lawn sprinkler system" does not include an irrigation system used primarily for agricultural purposes. "Person" means any natural person, firm, corporation, partnership, or association. "Plumber" means any licensed person authorized to perform plumbing as defined in this Act, but does not include retired plumbers as defined in this Act. "Plumbing" means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. "Plumbing" includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including without limitation lawn sprinkler systems and backflow prevention devices connected to lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where a person or persons live, work or assemble. "Plumbing" includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. "Plumbing" includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where a person or persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system 5 feet beyond the foundation walls. "Plumbing" does not mean or include the trade of drain-laying, the trade of drilling water wells which constitute the sources of private water supplies, and of making connections between such wells and pumping units in the water supply systems of buildings served by such private water supplies, or the business of installing water softening equipment and of maintaining and servicing the same, or the business of manufacturing or selling plumbing fixtures, appliances, equipment or hardware, or to the installation and servicing of electrical equipment sold by a not-for-profit corporation providing electrification on a cooperative basis, that either on or before January 1, 1971, is or has been financed in whole or in part under the federal Rural Electrification Act of 1936 and the Acts amendatory thereof and supplementary thereto, to its members for use on farms owned by individuals or operated by individuals, nor does it mean or include minor repairs which do not require changes in the piping to or from plumbing fixtures or involve the removal, replacement, installation or re-installation of any pipe or plumbing fixtures. Plumbing does not include the installation, repair, maintenance, alteration or extension of building sewers. "Plumbing contractor" means any person who performs plumbing, as defined in this Act, for another person. "Plumbing contractor" shall not include licensed plumbers and licensed apprentice plumbers who either are employed by persons engaged in the plumbing business or are employed by another person for the performance of plumbing solely for that other person, including, but not limited to, a hospital, university, or business maintenance staff. "Plumbing fixtures" means installed receptacles, devices or appliances that are supplied with water or that receive or discharge liquids or liquid borne wastes, with or without discharge into the drainage system with which they may be directly or indirectly connected. "Plumbing system" means the water service, water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes; building drains; including their respective connections, devices and appurtenances. "Plumbing system" does not include building sewers as defined in this Act. "Retired plumber" means any licensed plumber in good standing who meets the requirements of this Act and the requirements prescribed by Department rule to be licensed as a retired plumber and voluntarily surrenders his plumber's license to the Department, in exchange for a retired plumber's license. Retired plumbers cannot perform plumbing as defined in this Act, cannot sponsor or supervise apprentice plumbers, and cannot inspect plumbing under this Act. A retired plumber cannot fulfill the requirements of subsection (3) of Section 3 of this Act. "Supervision" with respect to first and second year licensed apprentice plumbers means that such apprentices must perform all designing and planning of plumbing systems and all plumbing as defined in this Act under the direct personal supervision of the sponsor or his or her agent who must also be an Illinois licensed plumber, except for maintenance and repair work on existing plumbing systems done by second year apprentice plumbers; provided that before performing any maintenance and repair work without such supervision, such apprentice has received the minimum number of hours of annual classroom instruction recommended by the United States Department of Labor's Bureau of Apprenticeship and Training for apprentice plumbers in a Bureau of Apprenticeship and Training approved plumber apprenticeship program or its equivalent. "Supervision" with respect to all other apprentice plumbers means that, except for maintenance and repair work on existing plumbing systems, any plumbing done by such apprentices must be inspected daily, after initial rough-in and after completion by the sponsor or his or her agent who is also an Illinois licensed plumber. In addition, all repair and maintenance work done by a licensed apprentice plumber on an existing plumbing system must be approved by the sponsor or his or her agent who is also an Illinois licensed plumber. "Sponsor" is an Illinois licensed plumber or an approved apprenticeship program that has accepted an individual as an Illinois licensed apprentice plumber for education and training in the field of plumbing and whose name and license number or apprenticeship program number shall appear on the individual's application for an apprentice plumber's license. "Sponsored" means that each Illinois licensed apprentice plumber has been accepted by an Illinois licensed plumber or an approved apprenticeship program for apprenticeship training. "Telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act. (Source: P.A. 94-101, eff. 1-1-08.)


225 ILCS 320/2.5

(225 ILCS 320/2.5) (Section scheduled to be repealed on January 1, 2029) Sec. 2.5. Irrigation contractors; lawn sprinkler systems. (a) Every irrigation contractor doing business in this State shall annually register with the Department. Every irrigation contractor shall provide to the Department his or her business name and address, telephone number, name of principal, FEIN number, and an original certificate of insurance documenting that the irrigation contractor carries general liability insurance with a minimum of $100,000 per occurrence, bodily injury insurance with a minimum of $300,000 per occurrence, property damage insurance with a minimum of $50,000, and worker's compensation insurance with a minimum of $500,000. No registration may be issued in the absence of the certificate of insurance. The certificate must be in force at all times for registration to remain valid. On a form provided by the Department, every irrigation contractor must provide to the Department an indemnification bond in the amount of $20,000 or an irrevocable letter of credit from a financial institution guaranteeing that funds shall be available only to the Department and shall be released upon written notification by the Department in the same amount for any work on lawn sprinkler systems performed by the registered irrigation contractor. The letter of credit shall be printed on the letterhead of the issuing financial institution, be signed by an officer of the same financial institution, name the Department as the sole beneficiary, and expire on February 28 of each year. Every irrigation contractor doing business in this State shall also register with the Department each and every employee who installs or supervises the installation of lawn sprinkler systems. The registration shall include the employee's name, home address, and telephone number. The Department may provide by rule for the administration of registrations under this subsection. The annual registration fee shall be set by the Department pursuant to Section 30 of this Act. Each registered irrigation contractor must provide proof that he or she employs at least one irrigation employee who has completed and passed an approved class in the design and installation of lawn sprinkler systems. (b) A licensed plumber or licensed apprentice plumber may install a lawn sprinkler system connected to any water source without registration under this Section. (c) A licensed plumber shall inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Section have been met and that the system works mechanically. The inspecting licensed plumber shall make the physical connection between a lawn sprinkler system and the backflow prevention device. The inspecting licensed plumber shall inspect every aspect of the sprinkler system, including all piping, fittings, and heads, to ensure the provisions of this Section have been met. Upon the installation of every lawn sprinkler system in this State from the effective date of this amendatory Act of the 91st General Assembly forward, a licensed plumber shall affix to the backflow prevention device a tag certifying that the installation of that system has been completed in compliance with the minimum code of plumbing standards promulgated under this Act. The Department shall provide by rule for the registration of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly, including the means by which the Department shall be able to identify by registration number the identity of the responsible irrigation contractor and by license number the identity of the responsible licensed plumber. No lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly may be operated without the certification tag required under this Section. The registered irrigation contractor and the licensed plumber whose identifying information is contained on the certification tag shall both be subject to the penalty provisions of this Act for violations for improper installation of a lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. (d) An irrigation contractor who has registered with the Department 7 or fewer persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least one licensed plumber who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. The licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor who has registered with the Department 8 to 12 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 2 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor who has registered with the Department 13 to 20 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 3 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor who has registered with the Department 21 to 28 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 4 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor who has registered with the Department 29 to 35 persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 5 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. An irrigation contractor who has registered with the Department 36 or more persons who are authorized to install or supervise the installation of lawn sprinkler systems shall either employ or contract with at least 6 licensed plumbers who shall install or be responsible for the installation of every lawn sprinkler system installed after the effective date of this amendatory Act of the 91st General Assembly. A licensed plumber shall inspect the risers and sprinkler heads before backfilling. The Department may provide by rule for the temporary waiver process for registered irrigation contractors who are unable to comply with the requirements of this subsection. When a temporary waiver is granted, it shall not be for a duration of more than 3 consecutive months. Upon the expiration of a temporary waiver issued by the Department, the registered irrigation contractor shall demonstrate that justifiable reasons exist why he or she is still unable to comply with the requirements of this subsection, despite good faith efforts to comply with the requirements. In no case shall a temporary waiver be granted for an irrigation contractor for more than a total of 6 months in a 2-year period. In no case shall an irrigation contractor be relieved of the requirement that a licensed plumber shall inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Section have been met and that the system works mechanically and make the physical connection between a sprinkler system and the backflow prevention device. (e) No person shall attach to a lawn sprinkler system any fixture intended to supply water for human consumption. No person shall attach to a lawn sprinkler system any fixture other than the backflow prevention device, sprinkler heads, valves, and other parts integral to the operation of the system, unless the fixture is clearly marked as being for non-potable uses only. (f) A college, university, trade school, vocational school, or association that has established a program providing a course of instruction in lawn sprinkler design and installation may submit a letter to the Department requesting approval of its program or course of instruction. The request for approval shall include information on the curriculum offered by the program and the qualifications of the organization. The course shall consist of a minimum of 2 days of classroom education and an exam and shall include a provision for continuing education. The Department shall evaluate the curriculum and organization before making a determination to approve or deny a request for approval. In addition to providing to the Department the names of licensed plumbers who are employed by or contract with an irrigation contractor, an irrigation contractor must also provide to the Department the names of employees who have successfully completed an approved course on the installation of lawn sprinkler systems and proof that the course was successfully completed and that continuing education is also being completed. (g) All automatically operated lawn sprinkler systems shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture or rainfall. The technology must be adjustable either by the end user or the irrigation contractor. This subsection (g) does not apply to systems operating on golf courses or agricultural lands. The requirements of this subsection (g) apply to all landscape irrigation systems installed after January 1, 2009. (Source: P.A. 102-1137, eff. 1-1-24.)


225 ILCS 320/20

(225 ILCS 320/20) (from Ch. 111, par. 1119) Sec. 20. Grounds for discipline. (1) The Director may deny, revoke or suspend a license or registration when findings show one or more of the following: (a) That the licensee or registrant obtained or conspired with others to obtain a license or registration by inducing the issuance thereof in consideration of the payment of money or delivery of any other thing of value or by and through misrepresentation of facts. (b) That the licensee or registrant willfully violated any law of this State or any rule, regulation or code promulgated thereunder regulating plumbing, licensed or registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, licensed retired plumbers, water well pump installations and private sewage disposal systems. (c) That the licensee or registrant has been guilty of negligence or incompetence in the performance of plumbing. (d) That the licensee or registrant has loaned or in any manner transferred his or her license to another person. (e) That the sponsor or his or her agent has failed to properly supervise a licensed apprentice plumber. (f) That the owner or officer of a registered plumbing contractor failed to maintain a valid plumbing license. (g) That the registered plumbing contractor used a plumbing license without the permission of the licensee. (2) If a license is suspended or revoked, the license shall be surrendered to the Department but, if suspended, it shall be returned to the licensee upon the termination of the suspension period. The Department may refuse to issue or may suspend the license of any person who fails 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. (Source: P.A. 92-338, eff. 8-10-01.)


225 ILCS 320/29.5

(225 ILCS 320/29.5) Sec. 29.5. Unlicensed and unregistered practice; violation; civil penalties. (a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee or registrant. (b) The Department has the authority and power to investigate any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a plumber or plumbing contractor without being licensed or registered under this Act, or as an irrigation contractor without being registered under this Act. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had on the judgment in the same manner as a judgment from a court of record. All fines and penalties collected by the Department under this Section of the Act and accrued interest shall be deposited into the Plumbing Licensure and Program Fund for use by the Department in performing activities relating to the administration and enforcement of this Act. (d) A person who practices, offers to practice, or holds himself or herself out to practice as an irrigation contractor without being registered under this Act shall be subject to the following: (1) For a first offense: (A) Where no violations of the Illinois Plumbing Code are found, the person shall pay a civil penalty of $1,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (B) Where violations of the Illinois Plumbing Code are found, the person shall pay a civil penalty of $3,000 (the amount of $3,000 may be reduced to $1,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (2) For a second offense: (A) Where no violations of the Illinois Plumbing Code are found, the person shall pay a civil penalty of $3,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (B) Where violations of the Illinois Plumbing Code are found, the person shall pay a civil penalty of $5,000 (the amount of $5,000 may be reduced to $3,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (3) For a third or subsequent offense, the person shall pay a civil penalty of $5,000 and be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (e) A registered irrigation contractor, firm, corporation, partnership, or association that directs, authorizes, or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as an irrigation employee without being registered under the provisions of this Act, shall be subject to the following: (1) For a first offense, the registrant: (A) shall pay a civil penalty of $10,000; (B) shall be required to pay for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct any violations of the Illinois Plumbing Code; (C) shall have his, her, or its plumbing license suspended; and (D) may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (2) For a second offense, the registrant: (A) shall pay a civil penalty of $10,000; (B) shall be required to pay for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct any violations of the Illinois Plumbing Code; (C) shall have his, her, or its registration revoked; and (D) shall be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (f) If the inspecting licensed plumber does not inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Act have been met and that the system works mechanically or signs off on the installation without making the physical connection between a lawn sprinkler system and the backflow prevention device, the licensed plumber: (1) shall pay a civil penalty of $10,000; (2) shall be required to pay for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct any violations of the Act; (3) shall have his, her, or its plumbing license suspended; and (4) may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act. (Source: P.A. 102-1137, eff. 1-1-24.)


225 ILCS 320/42

(225 ILCS 320/42) Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6 of Article VII of the Illinois Constitution of 1970 the power to regulate the licensing of plumbers, to promulgate a minimum plumbing code of standards, and to regulate the registration of irrigation contractors and plumbing contractors shall, except as may otherwise be provided within and pursuant to the provisions of Section 16 and Section 16.1 of this Act, be exercised by the State and may not be exercised by any unit of local government, including home rule units. (Source: P.A. 97-365, eff. 1-1-12.)


225 ILCS 320/8

(225 ILCS 320/8) (from Ch. 111, par. 1107) Sec. 8. The Director shall: (1) Prepare forms for application for examination for a plumber's license. (2) Prepare and issue licenses as provided in this Act. (3) With the aid of the Board prescribe rules and regulations for examination of applicants for plumber's licenses. (4) With the aid of the Board prepare and give uniform and comprehensive examinations to applicants for a plumber's license which shall test their knowledge and qualifications in the planning and design of plumbing systems, their knowledge, qualifications, and manual skills in plumbing, and their knowledge of the State's minimum code of standards relating to fixtures, materials, design and installation methods of plumbing systems, promulgated pursuant to this Act. (5) Issue a plumber's license and license renewal to every applicant who has passed the examination and who has paid the required license and renewal fee. (6) Prescribe rules for hearings to deny, suspend, revoke or reinstate licenses as provided in this Act. (7) Maintain a current record showing (a) the names and addresses of registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, and licensed retired plumbers, (b) the dates of issuance of licenses, (c) the date and substance of the charges set forth in any hearing for denial, suspension or revocation of any license, (d) the date and substance of the final order issued upon each such hearing, and (e) the date and substance of all petitions for reinstatement of license and final orders on such petitions. (8) Prescribe, in consultation with the Board, uniform and reasonable rules defining what constitutes an approved course of instruction in plumbing, in colleges, universities, or trade schools, and approve or disapprove the courses of instruction offered by such colleges, universities, or trade schools by reference to their compliance or noncompliance with such rules. Such rules shall be designed to assure that an approved course of instruction will adequately teach the design, planning, installation, replacement, extension, alteration and repair of plumbing. Each instructor participating in a program of instruction in plumbing shall be: (a) an Illinois licensed plumber; (b) an individual who possesses a provisional career and technical educator endorsement on an educator license, issued by the State Board of Education pursuant to Section 21B-20 of the School Code in a field related to plumbing, such as hydraulics, pneumatics, or water chemistry; or (c) a representative of an industry or a manufacturing business related to plumbing, including, but not limited to, the copper industry, plastic pipe industry, or cast iron industry. Courses that are taught by industry representatives shall be educational and shall not be sales oriented. Industry representatives shall be assisted by an Illinois licensed plumber during the presentation of a course of instruction. The instructor shall provide verification of the license or certificate. A copy of the instructor's educator license will establish verification. (Source: P.A. 99-504, eff. 1-1-17.)


225 ILCS 325/3

(225 ILCS 325/3) (from Ch. 111, par. 5203) (Section scheduled to be repealed on January 1, 2030) Sec. 3. Application of Act; exemptions. (a) Nothing in this Act shall be construed to prevent the practice of structural engineering as defined in the Structural Engineering Practice Act of 1989 or the practice of architecture as defined in the Illinois Architecture Practice Act of 1989 or the regular and customary practice of construction contracting and construction management as performed by construction contractors. (b) Nothing in this Act shall be construed to prevent the regular and customary practice of a private alarm contractor licensed pursuant to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. (c) Nothing in this Act shall be construed to prevent a fire sprinkler contractor licensed under the Fire Sprinkler Contractor Licensing Act from providing fire protection system layout documents. For the purpose of this subsection (c), "fire protection system layout documents" means layout drawings, catalog information on standard products, and other construction data that provide detail on the location of risers, cross mains, branch lines, sprinklers, piping per applicable standard, and hanger locations. Fire protection system layout documents serve as a guide for fabrication and installation of a fire sprinkler system. (d) A building permit for a building that requires a fire suppression system shall not be issued without the submission of a technical submission prepared and sealed by a licensed design professional. Fire protection system layout documents do not require an engineering seal if prepared by a technician who holds a valid NICET level 3 or 4 certification in fire protection technology, automatic sprinkler system layout. An authority having jurisdiction may not accept fire protection system layout documents in lieu of technical submissions. Fire protection system layout documents may be submitted as supporting documents to supplement technical submissions. However, in the event the fire protection system layout documents materially alter the technical submissions, the authority having jurisdiction shall return both the fire protection layout documents and technical submissions to the licensed design professional for review. (e) Nothing in this Act shall prevent: (1) Employees, including project representatives, of professional engineers lawfully practicing as sole owners, partnerships or corporations under this Act, from acting under the direct supervision of their employers. (2) The employment of owner's representatives by the owner during the constructing, adding to, or altering of a project, or any parts thereof, provided that such owner's representative shall not have the authority to deviate from the technical submissions without the prior approval of the professional engineer for the project. (3) The practice of officers and employees of the Government of the United States while engaged within this State in the practice of the profession of engineering for the Government. (4) Services performed by employees of a business organization engaged in utility, telecommunications, industrial, or manufacturing operations, or by employees of laboratory research affiliates of such business organization that are rendered in connection with the fabrication or production, sale, and installation of products, systems, or nonengineering services of the business organization or its affiliates. (5) Inspection, maintenance and service work done by employees of the State of Illinois, any political subdivision thereof or any municipality. (6) The activities performed by those ordinarily designated as chief engineer of plant operation, chief operating engineer, locomotive, stationary, marine, power plant or hoisting and portable engineers, electrical maintenance or service engineers, personnel employed in connection with construction, operation or maintenance of street lighting, traffic control signals, police and fire alarm systems, waterworks, steam, electric, and sewage treatment and disposal plants, or the services ordinarily performed by any worker regularly employed as a locomotive, stationary, marine, power plant, or hoisting and portable engineer or electrical maintenance or service engineer for any corporation, contractor or employer. (7) The activities performed by a person ordinarily designated as a supervising engineer or supervising electrical maintenance or service engineer who supervises the operation of, or who operates, machinery or equipment, or who supervises construction or the installation of equipment within a plant that is under such person's immediate supervision. (8) The services, for private use, of contractors or owners in the construction of engineering works or the installation of equipment. (Source: P.A. 101-310, eff. 8-9-19.)


225 ILCS 335/11

(225 ILCS 335/11) (from Ch. 111, par. 7511) (Section scheduled to be repealed on January 1, 2031) Sec. 11. Application of Act. (1) Nothing in this Act limits the power of a municipality, city, county, incorporated area, or school district 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 services or a seller of roofing materials to be licensed 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 the person's own property, or for no consideration, to be licensed as a roofing contractor. (3.5) Nothing in this Act shall be construed to require an employee who performs roofing or waterproofing work to an employer's residential property, where there exists an employee-employer relationship or for no consideration, to be licensed as a roofing contractor. (4) Nothing in this Act shall be construed to require a person who performs roof repair or waterproofing work to an employer's commercial or industrial property to be licensed 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, county, incorporated area, or school district to collect occupational license and inspection fees for engaging in roofing contracting. (6) Nothing in this Act limits the power of the municipalities, cities, counties, incorporated areas, or school districts to adopt any system of permits requiring submission to and approval by the municipality, city, county, or incorporated area 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 before issuing the permit. The evidence shall consist only of the exhibition to him or her of current evidence of licensure. (8) This Act applies to any roofing contractor performing work for the State or any municipality, city, county, incorporated area, or school district. Officers of the State or any municipality, city, county, incorporated area, or school district 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 qualifying party or the dissolution of a roofing contractor licensee, the contract may be completed by any person even though not licensed or credentialed. Such person shall notify the Department within 30 days after the death of the qualifying party or the dissolution of the roofing contractor of the person's name and address. For purposes of this subsection (9), an incomplete contract is one which has been awarded to, or entered into by, the licensee before the dissolution or the death of the qualifying party or on which the licensee was the low bidder and the contract is subsequently awarded to the roofing contractor regardless of whether any actual work has commenced under the contract before the dissolution or the death of the qualifying party. (10) The State or any municipality, city, county, incorporated area, or school district 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 issued pursuant to this Act. (11) (Blank). (12) Nothing in this Act shall prevent a municipality, city, county, incorporated area, or school district from making laws or ordinances that are more stringent than those contained in this Act. (13) Nothing in this Act shall be construed to prevent or limit the practice of professional engineering as defined in the Professional Engineering Practice Act of 1989 or the practice of structural engineering as defined in the Structural Engineering Practice Act of 1989. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/11.5

(225 ILCS 335/11.5) (Section scheduled to be repealed on January 1, 2031) Sec. 11.5. Roofing Advisory Board. There is created within the Department a Roofing Advisory Board to be composed of persons: (a) Nine members, one of whom is a public member and 5 of whom are each (i) designated as the qualifying party of a licensed roofing contractor or (ii) legally qualified to act for the business entity on behalf of the licensed roofing contractor in all matters connected with its roofing contracting business, exercise the authority to supervise roofing installation operations, and actively engaged in day-to-day activities of the business entity for a licensed roofing contractor. One shall represent a statewide association representing home builders, another shall represent an association predominantly representing retailers, and another shall represent the employees of licensed roofing contractors. The public member shall not represent any association or be licensed or credentialed under this Act. (b) Each member shall be appointed by the Secretary. The membership of the Board should represent racial, ethnic, and cultural diversity and reasonably reflect representation from the various geographic areas of the State. (c) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board, unless the conduct that gave rise to the suit was willful and wanton misconduct. (d) Terms for each member of the Board shall be for 4 years. A member shall serve until the member's successor is qualified and appointed. Partial terms over 2 years in length shall be considered as full terms. A member may be reappointed for a successive term, but no member shall serve more than 2 full terms. For any such reappointment, the second term shall begin the day after the end of the first full term. (e) The Secretary may terminate or refuse the appointment of any member of the Board for cause. The Secretary shall be the sole arbiter of cause. (f) The Secretary shall fill a vacancy for the unexpired portion of the term with an appointee who meets the same qualifications as the person whose position has become vacant. (g) The members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board.(Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/2

(225 ILCS 335/2) (from Ch. 111, par. 7502) (Section scheduled to be repealed on January 1, 2031) 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 Financial and Professional Regulation. (c) "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (d) "Person" means any individual, partnership, corporation, business trust, professional limited liability company, 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 over an occupiable space, 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. "Roofing contractor" includes a corporation, professional limited liability company, limited liability company, limited partnership, partnership, business trust, or sole proprietorship. (f) "Board" means the Roofing Advisory Board. (g) "Qualifying party" means the individual designated by a roofing contracting business who is filing for licensure as a sole proprietor, partner of a partnership, officer of a corporation, trustee of a business trust, or manager of a professional limited liability company or limited liability company. "Qualifying party" means a person who, prior to and upon the roofing contractor's licensure, 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 services or roofing materials 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 roofing 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 roofing materials" means a business entity primarily engaged in the sale of tangible personal property at retail. (k) "Building permit" means a permit issued by a unit of local government for work performed within the local government's jurisdiction that requires a license under this Act. (l) "Address of record" means the designated street address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. (m) "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. (n) "Roof repair" means reconstruction or renewal of any portion of an existing roof for the purpose of correcting damage or restoring the roof to pre-damage condition, but excludes circumstances when a torch technique is used by a licensed roofing contractor. "Roof repair" includes the use of: (1) new material that is compatible with existing materials that are to remain in a specific roof section; and (2) new material that is at least as fire resistive as the material being replaced. (o) "Roofing work" or "professional roofing services" means the construction, reconstruction, alteration, maintenance, and repair of a roof on residential, commercial, or industrial property and the use of materials and items in the construction, reconstruction, alteration, maintenance, and repair of roofing and waterproofing of roofs, all in a manner that complies with plans, specifications, codes, laws, rules, regulations, and current roofing industry standards for workmanlike performance applicable to the construction, reconstruction, alteration, maintenance, and repair of roofs on such properties. (p) "Seller of roofing services" means a business or governmental entity that subcontracts professional roofing services to a licensed roofing contractor that serves as the subcontractor for a roofing project. "Seller of roofing services" includes a general contractor, real estate developer, or builder. (q) "General contractor", "real estate developer", or "builder" means the person responsible for overseeing a building or construction project that includes a roof system. (r) "Public member" means a consumer who is not a qualifying party or employee of a licensed roofing contractor. For purposes of board membership, the public member shall have no connection or financial interest in the roofing or general contracting industries. (s) "Subcontractor" means any person who is a licensed roofing contractor that has a direct contract with a seller of roofing services or a governmental entity to perform a portion of roofing work under a building or construction contract for a project that includes a roof system. (t) "Roof system" means the components of a roof that include, but are not limited to, covering, framing, insulation, sheathing, ventilation, sealing, waterproofing, weatherproofing, related architectural sheet metal work, and roof coatings. (u) "Roof section" means a separation or division of a roof area by existing expansion joints, parapet walls, flashing (excluding valley), difference of elevation (excluding hips and ridges), roof type, or legal description. "Roof section" does not include the roof area required for a proper tie-off with an existing system. (v) "Roof recover" means installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering. "Roof recover" does not include the following situations: (1) if the existing roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing; (2) if the existing roof covering is slate or tile; or (3) if the existing roof has 2 or more applications of roof covering unless the Department has received and accepted a structural condition report, prepared by an Illinois licensed architect or structural engineer, confirming that the existing structure can support an additional layer of roof covering. (w) "Roof replacement" means removing the existing roof covering, repairing any damaged substrate, and installing a new roof covering. The new roof shall be installed in accordance with the applicable provisions of the Illinois Energy Conservation Code. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/3

(225 ILCS 335/3) (from Ch. 111, par. 7503) (Section scheduled to be repealed on January 1, 2031) Sec. 3. Application for roofing contractor license. (1) To obtain a license, an applicant must indicate if the license is sought for a sole proprietorship, partnership, corporation, professional limited liability company, limited liability company, 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 sole proprietor who shall also be designated as the qualifying party. If the license is sought for a partnership, corporation, professional limited liability company, limited liability company, business trust, or other legal entity, the license shall be issued in the company name. At the time of application for licensure under the Act, a company shall 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 on behalf of the company, and actively participate in the day-to-day operations of the company's business following the issuance of licensure. 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 individual designated as the qualifying party responsible for the practice of professional roofing in Illinois; (b) the name of the sole proprietorship and its sole proprietor, the name of the partnership and its partners, the name of the corporation and its officers, shareholders, and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members and managers; (c) evidence of compliance with any statutory requirements pertaining to such legal entity, including compliance with the Assumed Business Name Act; and (d) a signed irrevocable uniform consent to service of process form provided by the Department. (1.5) (Blank). (2) An applicant for a roofing contractor license must submit satisfactory evidence that: (a) the applicant has obtained public liability and property damage insurance in such amounts and under such circumstances as may be determined by the Department; (b) the applicant has obtained Workers' Compensation insurance for roofing covering the applicant's employees or is approved as a self-insurer of Workers' Compensation in accordance with Illinois law; (c) the applicant has an unemployment insurance employer account number issued by the Department of Employment Security, and the applicant is not delinquent in the payment of any amount due under the Unemployment Insurance Act; (d) the applicant 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) the qualifying party has satisfactorily completed the examination required under Section 3.5. (3) It is the ongoing responsibility of the licensee to provide to the Department notice in writing of any and all changes in the information required to be provided on the application, including, but not limited to, a change in the licensee's assumed name, if applicable. (3.5) The qualifying party shall be an employee who receives compensation from and is under the supervision and control of the licensed roofing contractor business employer that regularly deducts the payroll tax under the Federal Insurance Contributions Act, deducts withholding tax, and provides workers' compensation as prescribed by law. The qualifying party shall not receive a Form 1099 from the licensed roofing contractor business. (4) (Blank). (5) Nothing in this Section shall apply to a seller of roofing services or roofing materials when the construction, reconstruction, alteration, maintenance, or repair of roofing or waterproofing is to be performed by a subcontractor or 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. 104-427, eff. 8-15-25.)


225 ILCS 335/3.2

(225 ILCS 335/3.2) (Section scheduled to be repealed on January 1, 2031) 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

(225 ILCS 335/3.5) (Section scheduled to be repealed on January 1, 2031) Sec. 3.5. Examinations. (a) The Department shall authorize examinations for applicants for initial licensure 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 current 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 current residential, commercial, and industrial roofing practices. Both examinations shall cover Illinois jurisprudence as it relates to roofing practice. (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 to appear for the examination on the scheduled date at the time and place specified, after the applicant's 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, professional limited liability company, limited liability company, business trust, or other legal entity submitted by a currently licensed partnership, corporation, professional limited liability company, limited liability company, 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) A roofing contractor applicant and a qualifying party applicant have 3 years after the date of 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. 104-427, eff. 8-15-25.)


225 ILCS 335/4.5

(225 ILCS 335/4.5) (Section scheduled to be repealed on January 1, 2031) Sec. 4.5. Duties and responsibilities of qualifying party; acceptance; grounds for discipline. (a) While named as and engaged as a qualifying party for a roofing contractor 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 roofing contractor licensee of the same type of licensure only if one of the following conditions exists: (1) the person has a common ownership or management interest of at least 25% of each licensed entity for which the person acts as a qualifying party; or (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, professional limited liability company, or limited liability company of which at least 25% is owned or managed by another roofing contractor licensee. (b) At all times a licensed roofing contractor shall have one corresponding qualifying party actively engaged in the day-to-day activities of the roofing contractor's business, except for a change in qualifying party as set forth in Section 4.6 and the rules adopted under this Act. (c) A qualifying party that is accepted by the Department shall be issued an appropriate credential and shall have and exercise 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. Upon acceptance, the qualifying party shall act on behalf of the licensed roofing contractor entity only, except as provided for in subsection (a). (d) Designation of a qualifying party by an applicant under this Section and 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 qualifying party has a history of acting illegally, fraudulently, incompetently, or with gross negligence in the roofing or construction business. The qualifying party who has been accepted by the Department shall maintain the qualifying party's duties and responsibilities to the licensed roofing contractor as follows: (1) The qualifying party may have a common ownership or management interest in the licensed roofing contractor entity, and, on behalf of the licensed entity, may serve as an estimator, salesperson, project manager, superintendent, or in a similar capacity as defined by rule; (2) The qualifying party may delegate the qualifying party's supervising authority over the persons performing the onsite roofing work only to another employee of the licensed roofing contractor; (3) While engaged as a qualifying party for a licensed roofing contractor, the qualifying party shall not accept other employment that would conflict with the individual's duties as a qualifying party or conflict with the individual's ability to supervise adequately the work performed by the licensed roofing contractor; (4) The qualifying party shall not act on behalf of an unlicensed entity or a subcontractor that is not the qualifying party's licensee; and (5) The qualifying party shall not use the qualifying party's credential for the benefit of an unlicensed person or a roofing contractor that has not designated the individual to qualify the contractor for licensure in accordance with this Act, unless the licensed roofing contractor affiliated with the qualifying party is a subcontractor or seller of roofing services pursuant to a bona fide contract for roofing contracting services. (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 roofing contractor licensee and impose other discipline, including, but not limited to, fines not to exceed $15,000 per violation for any act or failure to act that gives rise to any ground for disciplinary action against that roofing contractor licensee under this Act and the rules adopted under this Act. If the Department suspends or revokes its acceptance of a qualifying party, the license of the roofing contractor licensee shall be deemed to be suspended until a new qualifying party has been designated by the roofing contractor 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 against the licensee or qualifying party, including imposing a fine on the qualifying party, not to exceed $15,000 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. 104-427, eff. 8-15-25.)


225 ILCS 335/4.6

(225 ILCS 335/4.6) (Section scheduled to be repealed on January 1, 2031) Sec. 4.6. Qualifying party termination; succession; inoperative status. (a) The licensed roofing contractor shall provide information as requested by the Department, which shall include, but not be limited to, the name and contact information of the qualifying party. (b) A qualifying party shall at all times maintain a valid, active credential only on behalf of the qualifying party's corresponding licensed roofing contractor. (c) In the event a qualifying party is terminated or has an active status as the qualifying party of the licensed roofing contractor terminated, both the licensee and the qualifying party shall notify the Department of this disassociation in writing, by regular mail or email, within 30 business days after the date of disassociation. If such notice is not given in a timely manner, the license will be placed on inoperative status. (d) Upon the termination, loss, or disassociation of the qualifying party, the licensed roofing contractor, if it has so informed the Department of the disassociation, shall notify the Department of the name and address of the newly designated qualifying party within 60 days after the date the licensee notifies the Department of the date of disassociation. If such notice is not given in a timely manner, the license will be placed on inoperative status. (e) The Department shall determine the newly designated qualifying party's fitness to have the roofing contracting license requalified, including, but not limited to, the application qualifications to sit for the examination. (f) Within 7 months after approval by the Department, the newly designated qualifying party must take and pass the examination prescribed in Section 3.5 of this Act to requalify the roofing contracting license. (g) If a licensed roofing contractor fails to requalify through the newly designated qualifying party within the time prescribed by the Department by rule, the license is automatically placed in inoperative status at the end of the time period until the licensee requalifies through another newly designated qualifying party. The requirements in this Section shall be met in a timely manner as established by rule of the Department. (h) The license of any roofing contractor whose association with a qualifying party has terminated shall automatically become inoperative immediately upon such termination. An inoperative licensee under this Act shall not perform any roofing contracting services while the license is in inoperative status, unless the licensee meets all of the criteria outlined in this Section.(Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/5

(225 ILCS 335/5) (from Ch. 111, par. 7505) (Section scheduled to be repealed on January 1, 2031) Sec. 5. Display of license number; building permits; 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 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-3) A municipality 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 of current licensure as a roofing contractor by the State. Holders of an unlimited roofing license may be issued permits for residential, commercial, and industrial roofing projects. Holders of a limited roofing license are restricted to permits for work on residential properties consisting of 8 units or less. (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 or name of a roofing contractor whom that person 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 16-30 of the Criminal Code of 2012. (a-10) A building permit applicant must present a government-issued identification along with the building permit application. Except for the name of the individual, all other personal information contained in the government-issued identification shall be exempt from disclosure under subsection (c) of Section 7 of the Freedom of Information Act. The official issuing the building permit shall maintain the name and identification number, as it appears on the government-issued identification, in the building permit application file. It is not necessary that the building permit applicant be the qualifying party. This subsection shall not apply to a county or municipality whose building permit process occurs through electronic means. (b) (Blank). (c) Every holder of a license shall display it in a conspicuous place in the licensee's 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 the licensee's 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 the licensee's license to be displayed or used in violation of this Section constitutes a separate offense.(Source: P.A. 99-469, eff. 8-26-15.)


225 ILCS 335/5.1

(225 ILCS 335/5.1) (Section scheduled to be repealed on January 1, 2031) Sec. 5.1. Commercial vehicles. Any entity offering services regulated by the Roofing Industry Licensing Act shall affix the roofing contractor license number and the licensee's name, as it appears on the license, on all commercial vehicles used in offering such services. An entity in violation of this Section shall be subject to a civil penalty of no less than $250 and no more than $1,000. This Section may be enforced by the Department, the Attorney General, or local code enforcement officials employed by units of local government as it relates to roofing work being performed within the boundaries of their jurisdiction. For purposes of this Section, "code enforcement official" means an officer or other designated authority charged with the administration, interpretation, and enforcement of codes on behalf of a municipality or county. If the alleged violation has been corrected prior to or on the date of the hearing scheduled to adjudicate the alleged violation, the violation shall be dismissed.(Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/5.5

(225 ILCS 335/5.5) (Section scheduled to be repealed on January 1, 2031) Sec. 5.5. Contracts. (a) A licensed roofing contractor, when signing a contract for professional roofing services, must include in the contract a phone number, a street address other than a post office box, and an email address at which the roofing contractor may be contacted. (b) Prior to engaging in any roofing work, a roofing contractor shall provide a written contract to the property owner, signed by both the roofing contractor or the roofing contractor's designee and the property owner, stating at least the following terms: (1) the scope of roofing services and materials to be provided; (2) the approximate dates of service; (3) for roof repair, the approximate costs of the services based on damages known at the time the contract is entered; (4) the licensed roofing contractor's contact information, including a street address other than a post office box, email address, phone number, and any other contact information available for the roofing contractor; (5) identification of the roofing contractor's surety and liability coverage insurer and the insurer's contact information, if applicable; (6) the roofing contractor's policy regarding cancellation of the contract and refund of any deposit, including a rescission clause allowing the property owner to rescind the contract and obtain a full refund of any deposit within 72 hours after entering the contract and a written statement that the property owner may rescind a roofing contract; and (7) a written statement that if the property owner plans to use the proceeds of a property and casualty insurance policy issued to pay for the roofing work, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the insurance claim for payment for roofing work on the covered property. (c) In addition to the contract terms required in subsection (b) of this Section, a licensed roofing contractor shall include, on the face of the contract, in bold-faced type, a statement indicating that the roofing contractor shall hold in trust any payment from the property owner until the roofing contractor has delivered roofing materials at the property site or has performed a majority of the roofing work on the property. (d) The roofing contractor for a roofing project shall keep a fully executed copy of the contract for professional roofing services available for inspection by the Department. (e) In awarding a contract for professional roofing services, if the property owner is the State or any municipality, county, incorporated area, or school district, the property owner or responsible public entity shall conduct a bona fide procurement process in accordance with applicable law in which the awarded vendor or a subcontractor holds the applicable verified active licenses and a qualifying party credential issued by the Department. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/6

(225 ILCS 335/6) (from Ch. 111, par. 7506) (Section scheduled to be repealed on January 1, 2031) Sec. 6. Expiration and renewal; inactive status; restoration. (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 the licensee's license to expire or whose license is on inactive status may have the license restored by making application to the Department in the form and manner prescribed by the Department. (c) A licensee who notifies the Department in writing on forms prescribed by the Department may elect to place the license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until the licensee notifies the Department in writing of the licensee's desire to resume active status. (d) A licensee whose license expired while the licensee's qualifying party was (1) on active duty with the Armed Forces of the United States or the State Militia called into service or training or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have the license renewed or restored without paying any lapsed renewal fees if, within 2 years after termination of such service, training, or education, except under conditions other than honorable, the qualifying party furnishes the Department with satisfactory evidence to the effect that the qualifying party has been so engaged and that the qualifying party's service, training, or education has been so terminated. (e) A roofing contractor whose license is expired or on inactive status shall not practice under this Act in the State of Illinois. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/7.1

(225 ILCS 335/7.1) (Section scheduled to be repealed on January 1, 2031) Sec. 7.1. Applicant convictions. (a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license or refuse to accept a designated qualifying party based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of roofing contracting. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of roofing contracting: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) home invasion; (20) terrorism; (21) causing a catastrophe; (22) possession of a deadly substance; (23) making a terrorist threat; (24) material support for terrorism; (25) hindering prosecution of terrorism; (26) armed violence; (27) any felony based on consumer fraud or deceptive business practices under the Consumer Fraud and Deceptive Business Practices Act; (28) any felony requiring registration as a sex offender under the Sex Offender Registration Act; (29) attempt of any the offenses set forth in paragraphs (1) through (28) of this subsection (b); and (30) convictions set forth in subsection (e) of Section 5 or Section 9.8 of this Act. (c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following: (1) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on the person's fitness or ability to perform one or more such duties and responsibilities; (2) the time that has elapsed since the criminal conviction; and (3) the age of the person at the time of the criminal conviction. (d) The Department shall issue an annual report by January 31, 2027 and by January 31 each year thereafter, indicating the following: (1) the number of initial applicants for a license under this Act within the preceding calendar year; (2) the number of initial applicants for a license under this Act within the previous calendar year who had a conviction; (3) the number of applicants with a conviction who were granted a license under this Act within the previous year; (4) the number of applicants denied a license under this Act within the preceding calendar year; and (5) the number of applicants denied a license under this Act solely on the basis of a conviction within the preceding calendar year. (e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in Section 9.1 of this Act. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/9

(225 ILCS 335/9) (from Ch. 111, par. 7509) (Section scheduled to be repealed on January 1, 2031) Sec. 9. Licensure requirement. (1) It is unlawful for any person to engage in the business of providing professional roofing services or act in the capacity of or hold himself, herself, or itself out in any manner as a roofing contractor or a qualifying party without having been duly licensed or accepted by the Department 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 or a qualifying party licensed or credentialed under this Act. (3) Sellers of roofing services may subcontract the provision of those roofing services only to roofing contractors licensed under this Act. Subcontractors that are licensed roofing contractors shall have at all times updated assumed business names disclosed to the Department, if applicable. (4) All persons performing roofing services under this Act shall be licensed as roofing contractors, except for qualifying parties and those persons who are deemed to be employees under Section 10 of the Employee Classification Act of a licensed roofing contractor. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 335/9.1

(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) (Section scheduled to be repealed on January 1, 2031) Sec. 9.1. Grounds for disciplinary action. (1) The Department may refuse to issue, to accept, 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 $15,000 for each violation, with regard to any license or credential for any one or combination of the following: (a) violation of this Act or its rules; (b) for licensees, conviction or plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States 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 and, for initial applicants, convictions set forth in Section 7.1 of this Act; (c) fraud or any misrepresentation in applying for or procuring a license under this Act, or in connection with applying for renewal of a license under this Act; (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 and that relates 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 its rules; (g) failing, within 60 days, to provide information in response to a written request made by the Department; (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 abuse of controlled substances, as defined by the Illinois Controlled Substances Act, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety; (j) discipline by another state, unit of government, or government agency, the District of Columbia, a territory, or a foreign country, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section. This includes any adverse action taken by a State or federal agency that prohibits a roofing contractor or qualifying party from providing services to the agency's participants; (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 any licensee or individual with a qualifying party credential under this Act, after having the individual's license or credential disciplined, has violated the terms of the discipline; (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) willfully making or filing false records or reports in the practice of roofing contracting, including, but not limited to, false records filed with the State agencies or departments; (o) practicing, attempting to practice, or advertising under a name other than the full name as shown on the license or credential 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) (blank); (r) (blank); (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) (blank); (w) advertising in any manner that is false, misleading, or deceptive; (x) taking undue advantage of a customer, which results in the perpetration of a fraud; (y) performing any act or practice that is a violation of the Consumer Fraud and Deceptive Business Practices Act; (z) engaging in the practice of roofing contracting, as defined in this Act, with a suspended, revoked, canceled, nonrenewed, or otherwise inoperative license or credential; (aa) treating any person differently to the person's detriment because of race, color, creed, gender, age, religion, or national origin; (bb) knowingly making any false statement, oral, written, or otherwise, of a character likely to influence, persuade, or induce others in the course of obtaining or performing roofing contracting services; (cc) violation of any final administrative action of the Secretary; (dd) allowing the use of the roofing license or qualifying party credential by an unlicensed roofing contractor for the purposes of providing roofing or waterproofing services; or (ee) (blank); (ff) cheating or attempting to subvert a licensing examination administered under this Act; or (gg) use of a license or credential to permit or enable an unlicensed person to provide roofing contractor services. (2) The determination by a circuit court that a license or credential holder is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, an order by the court so finding and discharging the patient, and the recommendation of the Board to the Director of the Division of Professional Regulation that the license or credential holder be allowed to resume the license or credential holder's practice. (3) The Department may refuse to issue or take disciplinary action concerning the license or credential of any person who fails to file a return, 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 Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Department of Revenue. (4) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is licensed or credentialed under this Act or any individual who has applied for licensure or a credential to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. (5) The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee, qualifying party, or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at the individual's own expense, another physician of the individual's choice present during all aspects of the examination. (6) Failure of any individual to submit to mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing until such time as the individual submits to the examination. If the Department finds a licensee or qualifying party unable to practice because of the reasons set forth in this Section, the Department shall require the licensee or qualifying party to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed licensure. (7) When the Secretary immediately suspends a license or credential under this Section, a hearing upon such person's license or credential must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's or qualifying party's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. (8) Licensees and qualifying parties affected under this Section shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license. (9) (Blank). (10) In cases where the Department of Healthcare and Family Services has previously determined a licensee, qualifying party, a potential licensee, or potential qualifying party is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or credential or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 104-427, eff. 8-15-25.)


225 ILCS 345/1.5

(225 ILCS 345/1.5) (from Ch. 111, par. 7102) (Section scheduled to be repealed on January 1, 2027) Sec. 1.5. It has been established that there is an ever increasing shortage of water in this State and that improperly installed water wells, pumps and related equipment can endanger the public health. Consistent with its duty to protect the public health and welfare of this State, and to insure the development of the natural resource of underground water in an orderly and sanitary manner, the General Assembly hereby declares that the licensing of Water Well Contractors and Water Well Pump Installation Contractors is essential to the protection of the public health. (Source: P.A. 77-1626.)


225 ILCS 345/10

(225 ILCS 345/10) (from Ch. 111, par. 7111) (Section scheduled to be repealed on January 1, 2027) Sec. 10. Any person who has been engaged in the occupation, trade or business of a water well contractor within the State of Illinois prior to June 1, 1959, shall upon application within one year of the effective date of this Act and payment of the required license fee, be issued a water well contractor's license certificate hereunder, without examination. Any person who has been engaged in the occupation, trade or business of Water Well Pump Installation Contractor within the State of Illinois for a period of twelve (12) months in the past ten (10) years prior to January 1, 1972, shall, upon application before December 31, 1972 and payment of the required fee, be issued a Water Well Pump Installation Contractor's license hereunder without examination. The Director may require such applicant to submit satisfactory proof that he was so engaged prior to such time. (Source: P.A. 77-1626.)


225 ILCS 345/12

(225 ILCS 345/12) (from Ch. 111, par. 7113) (Section scheduled to be repealed on January 1, 2027) Sec. 12. License renewal. All licenses issued under this Act shall expire on January 31, next following the date of issuance, except that a license issued after October 31 and before January 31 shall expire on January 31 next occurring after the license has been in effect for one year. A license may be renewed for an ensuing license year without examination by making application therefor and paying the prescribed fee at least 30 days prior to the expiration date of the current license and such application shall extend the period of validity of the current license until a new license is received or the Department refuses to issue a new license under the provisions of this Act. A license issued under this Act which has expired may be reinstated immediately upon payment of the reinstatement fee, provided, however, not more than 3 years have elapsed since the date of expiration. A license which has expired for more than 3 years may be restored only by payment of the restoration fee and submitting evidence satisfactory to the Department of the current qualifications and fitness of the registrant, and by successfully passing the examination for a Water Well Contractor, Water Well Pump Installation Contractor, or Water Well and Pump Installation Contractor's License. Beginning January 1, 2000, a contractor seeking a renewal license under this Act shall provide substantial evidence that he or she has attended at least one continuing education session in the preceding 2 years in order to qualify for a renewal license. (Source: P.A. 90-692, eff. 1-1-99.)


225 ILCS 345/13

(225 ILCS 345/13) (from Ch. 111, par. 7114) (Section scheduled to be repealed on January 1, 2027) Sec. 13. The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well contractor is $50. The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well pump installation contractor is $50. The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well and pump installation contractor is $80. The fee to be paid by an applicant for the annual renewal of a license as a water well contractor or water well pump installation contractor is $25. The fee to be paid by an applicant for the annual renewal of a license as a water well and pump installation contractor is $35. The fee to be paid by an applicant for the reinstatement of a water well contractor license or a water well pump installation contractor license which has lapsed less than 3 years is $10, plus all lapsed renewal fees. The fee to be paid by an applicant for restoration of a water well contractor's license or water well pump installation contractor's license which has lapsed more than three years is $150. The fee to be paid by an applicant for the reinstatement of a water well and pump installation contractor license which has lapsed less than 3 years is $15, plus all lapsed renewal fees. The fee to be paid by an applicant for the restoration of a license as a water well and pump installation contractor which has lapsed more than 3 years is $175. There shall be no reduction in such fees because a license when issued may be valid for less time than a full license year. (Source: P.A. 97-363, eff. 8-15-11.)


225 ILCS 345/15

(225 ILCS 345/15) (from Ch. 111, par. 7116) (Section scheduled to be repealed on January 1, 2027) Sec. 15. The Department may refuse to issue or renew, may suspend or may revoke a license on any one or more of the following grounds: (1) material misstatement in the application for license; (2) failure to have or retain the qualifications required by Section 9 of this Act; (3) wilful disregard or violation of this Act or of any rule or regulation promulgated by the Department pursuant thereto; or disregard or violation of any law of the state of Illinois or of any rule or regulation promulgated pursuant thereto relating to water well drilling or the installation of water pumps and equipment or any rule or regulation adopted pursuant thereto; (4) wilfully aiding or abetting another in the violation of this Act or any rule or regulation promulgated by the Department pursuant thereto; (5) incompetence in the performance of the work of a water well contractor or of a water well pump installation contractor; (6) allowing the use of a license by someone other than the person in whose name it was issued; (7) for licensees, conviction of any crime an essential element of which is misstatement, fraud or dishonesty, conviction in this or another State of any crime which is a felony under the laws of this State or the conviction in a federal court of any felony; for applicants, the Department may deny a license based on a conviction of any felony or a misdemeanor directly related to the practice of the profession if the Department determines in accordance with Section 15.1 that such conviction will impair the ability of the applicant to engage in the position for which a license is sought; (8) making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the occupation of a water well contractor or a water well pump installation contractor. (Source: P.A. 100-286, eff. 1-1-18.)


225 ILCS 345/2

(225 ILCS 345/2) (from Ch. 111, par. 7103) (Section scheduled to be repealed on January 1, 2027) Sec. 2. As used in this Act, unless the context otherwise requires: (1) "Water well" and "well" mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of ground water, but such term does not include an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals or products of mining or quarrying or for inserting media to repressure oil or natural gas bearing formation or for storing petroleum, natural gas or other products, or monitoring wells; (2) "Ground water" means water of under-ground aquifers, streams, channels, artesian basins, reservoirs, lakes and other water under the surface of the ground whether percolating or otherwise; (3) "Drill" and "drilling" mean all acts necessary to the construction of a water well including the sealing of unused water well holes; (4) "Water Well Contractor" and "Contractor" mean any person who contracts to drill, alter or repair any water well; (5) "Water Well Pump Installation" means the selection of and the procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for any use, including all construction involved in making entrance to the well and establishing such seals and safeguards as may be necessary to protect such water from contamination and all construction involved in connecting such wells and pumping units or pressure tanks in the water supply systems of buildings served by such well, including repair to any existing installation; (6) "Water Well Pump Installation Contractor" means any person engaged in the business of installing or repairing pumps and pumping equipment owned by others; (7) "Water Well and Pump Installation Contractor" means any person engaged in both businesses described in subsections 4, 5, and 6 above; (8) "Department" means the Department of Public Health of this State; (9) "Director" means the Director of the Department of Public Health; (10) "Board" means the Water Well and Pump Installation Contractors Licensing Board created by Section 6 of this Act; (11) "Person" includes any natural person, partnership, association, trust and public or private corporation; (12) "Monitoring well" means a water well intended for the purpose of determining groundwater quality or quantity; (13) "Closed loop well" means a sealed, watertight loop of pipe buried outside of a building foundation intended to recirculate a liquid solution through a heat exchanger but is limited to the construction of the bore hole, piping in the bore hole, heat exchange fluid, and the grouting of the bore hole and does not include the piping and appurtenances used in any other capacity. "Closed loop well" does not include any horizontal closed loop well systems where grouting is not necessary by law or standard industry practice; (14) "Closed loop well contractor" means any person who installs closed loop wells for another person. "Closed loop well contractor" does not include the employee of a closed loop contractor. (Source: P.A. 97-363, eff. 8-15-11; 98-951, eff. 8-15-14.)


225 ILCS 345/25

(225 ILCS 345/25) (from Ch. 111, par. 7126) (Section scheduled to be repealed on January 1, 2027) Sec. 25. No action or counterclaim shall be maintained by any contractor in any court in this state with respect to any agreement, work, labor or materials for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement, or for any such work, labor or materials for which a license is required by this Act without alleging and proving that such contractor had a valid license at the time of making such agreement and of supplying such labor, work or materials. (Source: Laws 1959, p. 1786.)


225 ILCS 345/3

(225 ILCS 345/3) (from Ch. 111, par. 7104) (Section scheduled to be repealed on January 1, 2027) Sec. 3. This Act shall not apply: (1) to an individual who drills a water well or installs a water well pump on land which is owned or leased by him and is used by him for farming purposes or as his place of abode; or (2) to an individual who performs labor or services for a licensed water well Contractor in connection with the drilling of a water well at the direction and under the personal supervision of a licensed water well Contractor; or (3) to an individual who performs labor or services for a licensed water well pump installation contractor in connection with the installation or repair of any water well pump or equipment at the direction and under the personal supervision of a licensed water well pump installation contractor; or (4) to any person, firm or corporation engaged in the installation or repair of water well pumps or equipment in wells drilled or used for observation or any other purpose in connection with the development or operation of a gas storage project; or (5) to any person, firm, or corporation engaged in the installation of driven point wells. (Source: P.A. 81-791.)


225 ILCS 345/4

(225 ILCS 345/4) (from Ch. 111, par. 7105) (Section scheduled to be repealed on January 1, 2027) Sec. 4. License requirement. Subject to the provisions of Section 3, no contractor shall drill a water well or engage in the occupation of a water well contractor unless he holds a valid license as a water well contractor issued by the Department under this Act. Subject to the provisions of Section 3, after January 1, 1972, no person shall drill a water well, install or repair a water well pump or equipment, or engage in the occupation of a Water Well and Pump Installation Contractor unless he holds a valid license as a Water Well and Pump Installation Contractor issued under this Act. Provided, however, that nothing in this Section or any other statute or regulation of this State prohibits any person from making a water well pump installation or engaging in the business of connecting water pressure tanks to the water supply systems of buildings or to pumps or pumping units, so long as such person possesses either a valid license as a water well pump installation contractor or a water well and pump installation contractor issued under this Act. Any person holding a valid license under the Illinois Plumbing License Act may apply and receive, without examination or fee, a water well pump installation contractor license provided that all other requirements of this Act are met. (Source: P.A. 90-692, eff. 1-1-99.)


225 ILCS 345/6

(225 ILCS 345/6) (from Ch. 111, par. 7107) (Section scheduled to be repealed on January 1, 2027) Sec. 6. Water Well and Pump Installation Contractors Licensing Board; Closed Loop Well Contractors Certification Board. (a) There is created in the Department the Water Well and Pump Installation Contractors Licensing Board which shall exercise its duties provided in this Act under the supervision of the Department. The Water Well and Pump Installation Contractors Licensing Board shall consist of 6 members, designated from time to time by the Director. Two members shall be licensed water well contractors, 2 members shall be licensed water well pump installation contractors, and 2 members shall be licensed water well and pump installation contractors. In making the appointments to the Water Well and Pump Installation Contractors Licensing Board, the Director shall consider the recommendation of the Illinois Association of Groundwater Professionals or its successor organization. The members of the Water Well and Pump Installation Contractors Licensing Board shall be reimbursed for necessary traveling expenses in accordance with travel regulations prescribed by the Department of Finance. The Water Well and Pump Installation Contractors Licensing Board shall advise and aid the Director in: (1) preparing subject matter for continuing education sessions and examinations to test the knowledge and skills of applicants for license in the construction, installation and repair of water wells, well pumps, water pressure storage tanks, connecting piping and related appurtenances, including proper sealing of abandoned water wells, and the rules and regulations of the Department promulgated pursuant to the Illinois Pump Installation Code Law and the Illinois Water Well Construction Code Law; (2) promulgating rules to govern the number of hours of continuing education required for a continuing education session, examinations, hearings for suspension or revocation of or refusal to issue or renew a license, clarifying the law as it relates to water well and pump installation contracting; (3) holding examinations of applicants for license at least once a year prior to November 1st in each year; (4) holding hearings for the revocation or suspension of, or refusal to issue, renew or reinstate licenses; (5) submitting recommendations to the Director from time to time for the efficient administration of this Act; (6) grading all tests and examinations for licenses and promptly reporting the results to the Director; (7) performing such other duties from time to time prescribed by the Director; and (8) consulting and agreeing with the Closed Loop Well Contractors Certification Board regarding: (i) the registering and certification of closed loop well contractors; and (ii) the installation of closed loop wells. For purposes of this item (8), the term "closed loop well" shall be limited to the construction, installation, repair, and abandonment of the bore hole and the grouting of the bore hole. (b) There is created in the Department the Closed Loop Well Contractors Certification Board, which shall exercise its duties provided in this Act under the supervision of the Department. The Closed Loop Well Contractors Certification Board shall consist of 6 members, designated from time to time by the Director. A temporary board shall be appointed by the Department for the sole purpose of assisting with the process of initial certification and registration of closed loop well contractors and shall remain in place until 2 years after the effective date of this amendatory Act of the 97th General Assembly. On the dissolution of the temporary board, the 6 members must be closed loop well contractors who are registered and certified under this Act. In making appointments to the Closed Loop Well Contractors Certification Board, the Director shall consider the recommendations of organizations that are representative of the closed loop well industry in Illinois. Recommendations shall include consideration of statewide geographical representation. The Closed Loop Well Contractors Certification Board shall advise and aid the Director in: (1) preparing subject matter for continuing education sessions relating to closed loop wells and preparing examinations to test the knowledge and skills of applicants for certification relating to the construction, installation, repair, and abandonment of closed loop wells and the rules of the Department adopted under this Act for closed loop wells; (2) adopting rules relating to (i) closed loop wells, (ii) continuing education requirements, (iii) examinations, (iv) hearings for suspension or revocation of or refusal to issue or renew a certification, and (v) the construction, installation, repair, and abandonment of closed loop wells; (3) holding examinations of applicants for certification at least once a year prior to November 1st in each year; (4) holding hearings for the revocation or suspension of, or refusal to issue, renew, or reinstate, certifications; (5) submitting recommendations to the Director from time to time for the efficient administration of this Act; (6) grading all tests and examinations for certifications, and promptly reporting the results to the Director; (7) performing such other duties as may be from time to time prescribed by the Director; and (8) conferring with the Water Well and Pump Installation Contractors Licensing Board regarding the construction, installation, repair, and abandonment of closed loop wells. (Source: P.A. 97-363, eff. 8-15-11.)


225 ILCS 345/7

(225 ILCS 345/7) (from Ch. 111, par. 7108) (Section scheduled to be repealed on January 1, 2027) Sec. 7. Department duties. The Department shall: (a) Fix and announce dates for examinations; (b) Prepare forms for application for a water well Contractor's license, a water well pump installation contractor's license, and a water well drilling and pump installation contractor's license, which application shall state thereon the scope of the examination as set forth in paragraph (a) of Section 6 of this Act; (c) Prepare and issue license certificates to those entitled thereto; (d) With the aid of the Board, prescribe rules and regulations for the conduct of examinations and continuing education sessions; (e) Prescribe rules for hearings to suspend, revoke or reinstate licenses as provided in this Act; (f) Maintain and publish annually a roster showing (1) the names and addresses of licensed water well contractors, water well pump installation contractors, and water well and pump installation contractors. The Department may impose a fee for each roster which fee shall be set forth in the rules and regulations. The Department shall maintain a record in the Springfield office showing (1) the names and addresses of all registrants under this Act, (2) the dates of issuance of the licenses, (3) the date and substance of the charges set forth in any complaint for suspension or revocation of any license, (4) the date and substance of all petitions for reinstatement of licenses and (5) the final order on such complaints and petitions. Upon written request the Department in its discretion shall make this information available to any registrant under this Act. (Source: P.A. 90-692, eff. 1-1-99.)


225 ILCS 345/9

(225 ILCS 345/9) (from Ch. 111, par. 7110) (Section scheduled to be repealed on January 1, 2027) Sec. 9. Applications for a license, or for renewal thereof, and applications for examination shall be made to the Department in writing and under oath or affirmation, upon forms prescribed and furnished by the Department. Such applications shall contain such information as the Department deems necessary in order to carry out the provisions of this Act. The Department shall issue a Water Well Contractor's license, a Water Well Pump Installation Contractor's license, or a Water Well and Pump Installation Contractor's license to any applicant therefor who: (a) is at least 18 years of age, (b) (blank), (c) possesses a good moral character, (d) has had the required experience as follows: (1) an applicant for a water well contractor's license shall have worked two years under the supervision of a licensed water well contractor, (2) an applicant for a water well pump installation contractor's license shall have worked two years under the supervision of a licensed water well pump installation contractor or in the case of those applicants whose experience was gained prior to January 1, 1972, under the supervision of a contractor who was engaged in water well pump installation, (3) an applicant for a water well and pump installation contractor's license shall have worked two years for a licensed water well and pump installation contractor and the applicant shall show evidence satisfactory to the Department that he was engaged in both water well contracting and pump installing during the two year period. For those applicants who gained their experience prior to January 1, 1972, it shall be sufficient for them to show that they worked under the supervision of a licensed water well contractor who was engaged in pump installation and that they did work in both fields. (e) has made a satisfactory grade on the examination for the particular license for which he is applying. (f) has paid the fee provided by statute. Such licenses shall be serially numbered, shall be signed by the Director and issued under the seal of the Department. (Source: P.A. 101-541, eff. 8-23-19.)


225 ILCS 441/15-10

(225 ILCS 441/15-10) (Section scheduled to be repealed on January 1, 2027) Sec. 15-10. Grounds for disciplinary action. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation upon any licensee or applicant under this Act or any person or entity who holds oneself out as an applicant or licensee for any one or combination of the following: (1) Fraud or misrepresentation in applying for, or procuring a license under this Act or in connection with applying for renewal of a license under this Act. (2) Failing to meet the minimum qualifications for licensure as a home inspector established by this Act. (3) Paying money, other than for the fees provided for by this Act, or anything of value to an employee of the Department to procure licensure under this Act. (4) Conviction of, or plea of guilty or nolo contendere, or finding as enumerated in subsection (c) of Section 5-10, under the laws of any jurisdiction of the United States: (i) that is a felony, misdemeanor, or administrative sanction, or (ii) that is a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act. (5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with the intent to substantially injure another person. (6) Violating a provision or standard for the development or communication of home inspections as provided in Section 10-5 of this Act or as defined in the rules. (7) Failing or refusing to exercise reasonable diligence in the development, reporting, or communication of a home inspection report, as defined by this Act or the rules. (8) Violating a provision of this Act or the rules. (9) Having been disciplined by another state, the District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to impose discipline if at least one of the grounds for that discipline is the same as or substantially equivalent to one of the grounds for which a licensee may be disciplined under this Act. (10) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (11) Accepting an inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined analysis or opinion, or when the fee to be paid is contingent upon the analysis, opinion, or conclusion reached or upon the consequences resulting from the home inspection assignment. (12) Developing home inspection opinions or conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, military status, unfavorable discharge from military status, sexual orientation, order of protection status, pregnancy, or any other protected class as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under home inspection. (13) Being adjudicated liable in a civil proceeding on grounds of fraud, misrepresentation, or deceit. In a disciplinary proceeding based upon a finding of civil liability, the home inspector shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication. (14) Being adjudicated liable in a civil proceeding for violation of a State or federal fair housing law. (15) Engaging in misleading or untruthful advertising or using a trade name or insignia of membership in a home inspection organization of which the licensee is not a member. (16) Failing, within 30 days, to provide information in response to a written request made by the Department. (17) Failing to include within the home inspection report the home inspector's license number and the date of expiration of the license. The names of (i) all persons who conducted the home inspection; and (ii) all persons who prepared the subsequent written evaluation or any part thereof must be disclosed in the report. It is a violation of this Act for a home inspector to sign a home inspection report knowing that the names of all such persons have not been disclosed in the home inspection report. (18) Advising a client as to whether the client should or should not engage in a transaction regarding the residential real property that is the subject of the home inspection. (19) Performing a home inspection in a manner that damages or alters the residential real property that is the subject of the home inspection without the consent of the owner. (20) Performing a home inspection when the home inspector is providing or may also provide other services in connection with the residential real property or transaction, or has an interest in the residential real property, without providing prior written notice of the potential or actual conflict and obtaining the prior consent of the client as provided by rule. (21) Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act. (22) Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug. (23) A finding by the Department that the licensee, after having the license placed on probationary status, has violated the terms of probation. (24) Willfully making or filing false records or reports related to the practice of home inspection, including, but not limited to, false records filed with State agencies or departments. (25) Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered. (26) Practicing under a false or, except as provided by law, an assumed name. (27) Cheating on or attempting to subvert the licensing examination administered under this Act. (28) Engaging in any of the following prohibited fraudulent, false, deceptive, or misleading advertising practices: (i) advertising as a home inspector or operating a home inspection business entity unless there is a duly licensed home inspector responsible for all inspection activities and all inspections; (ii) advertising that contains a misrepresentation of facts or false statements regarding the licensee's professional achievements, degrees, training, skills, or qualifications in the home inspection profession or any other profession requiring licensure; (iii) advertising that makes only a partial disclosure of relevant facts related to pricing or home inspection services; and (iv) advertising that claims this State or any of its political subdivisions endorse the home inspection report or its contents. (29) Disclosing, except as otherwise required by law, inspection results or client information obtained without the client's written consent. A home inspector shall not deliver a home inspection report to any person other than the client of the home inspector without the client's written consent. (30) Providing fees, gifts, waivers of liability, or other forms of compensation or gratuities to persons licensed under any real estate professional licensing act in this State as consideration or inducement for the referral of business. (31) Violating the terms of any order issued by the Department. (b) The Department may suspend, revoke, or refuse to issue or renew an education provider's license, may reprimand, place on probation, or otherwise discipline an education provider licensee, and may suspend or revoke the course approval of any course offered by an education provider, for any of the following: (1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false information, making any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure. (2) Failing to comply with the covenants certified to on the application for licensure as an education provider. (3) Committing an act or omission involving dishonesty, fraud, or misrepresentation or allowing any such act or omission by any employee or contractor under the control of the education provider. (4) Engaging in misleading or untruthful advertising. (5) Failing to retain competent instructors in accordance with rules adopted under this Act. (6) Failing to meet the topic or time requirements for course approval as the provider of a pre-license curriculum course or a continuing education course. (7) Failing to administer an approved course using the course materials, syllabus, and examinations submitted as the basis of the course approval. (8) Failing to provide an appropriate classroom environment for presentation of courses, with consideration for student comfort, acoustics, lighting, seating, workspace, and visual aid material. (9) Failing to maintain student records in compliance with the rules adopted under this Act. (10) Failing to provide a certificate, transcript, or other student record to the Department or to a student as may be required by rule. (11) Failing to fully cooperate with a Department investigation by knowingly making a false statement, submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request. (c) (Blank). (d) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax 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 the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois. (e) (Blank). (f) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Civil Administrative Code of Illinois. (g) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient. (h) (Blank).(Source: P.A. 102-20, eff. 1-1-22; 103-236, eff. 1-1-24.)


225 ILCS 454/1-10

(225 ILCS 454/1-10) (Section scheduled to be repealed on January 1, 2030) Sec. 1-10. Definitions. In this Act, unless the context otherwise requires: "Act" means the Real Estate License Act of 2000. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department. "Agency" means a relationship in which a broker or licensee, whether directly or through an affiliated licensee, represents a consumer by the consumer's consent, whether express or implied, in a real property transaction. "Applicant" means any person, as defined in this Section, who applies to the Department for a valid license as a managing broker, broker, or residential leasing agent. "Blind advertisement" means any real estate advertisement that is used by a licensee regarding the sale or lease of real estate, licensed activities, or the hiring of any licensee under this Act that does not include the sponsoring broker's complete business name or, in the case of electronic advertisements, does not provide a direct link to a display with all the required disclosures. The broker's business name in the case of a franchise shall include the franchise affiliation as well as the name of the individual firm. "Board" means the Real Estate Administration and Disciplinary Board of the Department as created by Section 25-10 of this Act. "Broker" means an individual, entity, corporation, foreign or domestic partnership, limited liability company, registered limited liability partnership, or other business entity other than a residential leasing agent who, whether in person or through any media or technology, for another and for compensation, or with the intention or expectation of receiving compensation, either directly or indirectly: (1) Sells, exchanges, purchases, rents, or leases real estate. (2) Offers to sell, exchange, purchase, rent, or lease real estate. (3) Negotiates, offers, attempts, or agrees to negotiate the sale, exchange, purchase, rental, or leasing of real estate. (4) Lists, offers, attempts, or agrees to list real estate for sale, rent, lease, or exchange. (5) Whether for another or themselves, engages in a pattern of business of buying, selling, offering to buy or sell, marketing for sale, exchanging, or otherwise dealing in contracts, including assignable contracts for the purchase or sale of, or options on real estate or improvements thereon. For purposes of this definition, an individual or entity will be found to have engaged in a pattern of business if the individual or entity by itself or with any combination of other individuals or entities, whether as partners or common owners in another entity, has engaged in one or more of these practices on 2 or more occasions in any 12-month period. (6) Supervises the collection, offer, attempt, or agreement to collect rent for the use of real estate. (7) Advertises or represents oneself as being engaged in the business of buying, selling, exchanging, renting, or leasing real estate. (8) Assists or directs in procuring or referring of leads or prospects, intended to result in the sale, exchange, lease, or rental of real estate. (9) Assists or directs in the negotiation of any transaction intended to result in the sale, exchange, lease, or rental of real estate. (10) Opens real estate to the public for marketing purposes. (11) Sells, rents, leases, or offers for sale or lease real estate at auction. (12) Prepares or provides a broker price opinion or comparative market analysis as those terms are defined in this Act, pursuant to the provisions of Section 10-45 of this Act. "Brokerage agreement" means an agreement between a sponsoring broker and a consumer for licensed activities, or the performance of future licensed activities, to be provided to a consumer in return for compensation or the right to receive compensation from another. Brokerage agreements may constitute either a bilateral or a unilateral agreement between the broker and the broker's client depending upon the content of the brokerage agreement. All brokerage agreements shall be in writing and may be exclusive or non-exclusive. "Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A broker price opinion shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Client" means a person who is being represented by a licensee. "Comparative market analysis" means an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A comparative market analysis shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Compensation" means the valuable consideration given by one person or entity to another person or entity in exchange for the performance of some activity or service. Compensation shall include the transfer of valuable consideration, including without limitation the following: (1) commissions; (2) referral fees; (3) bonuses; (4) prizes; (5) merchandise; (6) finder fees; (7) performance of services; (8) coupons or gift certificates; (9) discounts; (10) rebates; (11) a chance to win a raffle, drawing, lottery, or similar game of chance not prohibited by any other law or statute; (12) retainer fee; or (13) salary. "Confidential information" means information obtained by a licensee from a client during the term of a brokerage agreement that (i) was made confidential by the written request or written instruction of the client, (ii) deals with the negotiating position of the client, or (iii) is information the disclosure of which could materially harm the negotiating position of the client, unless at any time: (1) the client permits the disclosure of information given by that client by word or conduct; (2) the disclosure is required by law; or (3) the information becomes public from a source other than the licensee. "Confidential information" shall not be considered to include material information about the physical condition of the property. "Consumer" means a person or entity seeking or receiving licensed activities. "Coordinator" means the Coordinator of Real Estate created in Section 25-15 of this Act. "Credit hour" means 50 minutes of instruction in course work that meets the requirements set forth in rules adopted by the Department. "Customer" means a consumer who is not being represented by the licensee. "Department" means the Department of Financial and Professional Regulation. "Designated agency" means a contractual relationship between a sponsoring broker and a client under Section 15-50 of this Act in which one or more licensees associated with or employed by the broker are designated as agent of the client. "Designated agent" means a sponsored licensee named by a sponsoring broker as the legal agent of a client, as provided for in Section 15-50 of this Act. "Designated managing broker" means a managing broker who has supervisory responsibilities for licensees in one or, in the case of a multi-office company, more than one office and who has been appointed as such by the sponsoring broker registered with the Department. "Director" means the Director of Real Estate within the Department of Financial and Professional Regulation. "Dual agency" means an agency relationship in which a licensee is representing both buyer and seller or both landlord and tenant in the same transaction. When the agency relationship is a designated agency, the question of whether there is a dual agency shall be determined by the agency relationships of the designated agent of the parties and not of the sponsoring broker. "Education provider" means a school licensed by the Department offering courses in pre-license, post-license, or continuing education required by this Act. "Employee" or other derivative of the word "employee", when used to refer to, describe, or delineate the relationship between a sponsoring broker and a managing broker, broker, or a residential leasing agent, shall be construed to include an independent contractor relationship, provided that a written agreement exists that clearly establishes and states the relationship. "Escrow moneys" means all moneys, promissory notes, or any other type or manner of legal tender or financial consideration deposited with any person for the benefit of the parties to the transaction. A transaction exists once an agreement has been reached and an accepted real estate contract signed or lease agreed to by the parties. "Escrow moneys" includes, without limitation, earnest moneys and security deposits, except those security deposits in which the person holding the security deposit is also the sole owner of the property being leased and for which the security deposit is being held. "Electronic means of proctoring" means a methodology providing assurance that the person taking a test and completing the answers to questions is the person seeking licensure or credit for continuing education and is doing so without the aid of a third party or other device. "Exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the sole right, through one or more sponsored licensees, to act as the exclusive agent or representative of the client and that meets the requirements of Section 15-75 of this Act. "Inactive" means a status of licensure where the licensee holds a current license under this Act, but the licensee is prohibited from engaging in licensed activities because the licensee is unsponsored or the license of the sponsoring broker with whom the licensee is associated or by whom the licensee is employed is currently expired, revoked, suspended, or otherwise rendered invalid under this Act. The license of any business entity that is not in good standing with the Illinois Secretary of State, or is not authorized to conduct business in Illinois, shall immediately become inactive and that entity shall be prohibited from engaging in any licensed activities. "Leads" means the name or names of a potential buyer, seller, lessor, lessee, or client of a licensee. "License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this Act. "Licensed activities" means those activities listed in the definition of "broker" under this Section. "Licensee" means any person licensed under this Act. "Listing presentation" means any communication, written or oral and by any means or media, between a managing broker or broker and a consumer in which the licensee is attempting to secure a brokerage agreement with the consumer to market the consumer's real estate for sale or lease. "Managing broker" means a licensee who may be authorized to assume responsibilities as a designated managing broker for licensees in one or, in the case of a multi-office company, more than one office, upon appointment by the sponsoring broker and registration with the Department. A managing broker may act as one's own sponsor. "Medium of advertising" means any method of communication intended to influence the general public to use or purchase a particular good or service or real estate, including, but not limited to, print, electronic, social media, and digital forums. "Non-exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the non-exclusive right, through one or more sponsored licensees, to act as an agent or representative of the client for the performance of licensed activities and meets the requirements of Section 15-50 of this Act. "Office" means a broker's place of business where the general public is invited to transact business and where records may be maintained and licenses readily available, whether or not it is the broker's principal place of business. "Person" means and includes individuals, entities, corporations, limited liability companies, registered limited liability partnerships, foreign and domestic partnerships, and other business entities, except that when the context otherwise requires, the term may refer to a single individual or other described entity. "Proctor" means any person, including, but not limited to, an instructor, who has a written agreement to administer examinations fairly and impartially with a licensed education provider. "Real estate" means and includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or non-freehold and whether the real estate is situated in this State or elsewhere. "Real estate" does not include property sold, exchanged, or leased as a timeshare or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed). "Regular employee" means a person working an average of 20 hours per week for a person or entity who would be considered as an employee under the Internal Revenue Service rules for classifying workers. "Renewal period" means the period beginning 90 days prior to the expiration date of a license. "Residential leasing agent" means a person who is employed by a broker to engage in licensed activities limited to leasing residential real estate who has obtained a license as provided for in Section 5-5 of this Act. "Secretary" means the Secretary of the Department of Financial and Professional Regulation, or a person authorized by the Secretary to act in the Secretary's stead. "Sponsoring broker" means the broker who certifies to the Department the broker's sponsorship of a licensed managing broker, broker, or a residential leasing agent. "Sponsorship" means that a sponsoring broker has certified to the Department that a managing broker, broker, or residential leasing agent is employed by or associated by written agreement with the sponsoring broker and the Department has registered the sponsorship, as provided for in Section 5-40 of this Act. "Team" means any 2 or more licensees who work together to provide real estate brokerage services, represent themselves to the public as being part of a team or group, are identified by a team name that is different than their sponsoring broker's name, and together are supervised by the same managing broker and sponsored by the same sponsoring broker. "Team" does not mean a separately organized, incorporated, or legal entity. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.)


225 ILCS 454/10-20

(225 ILCS 454/10-20) (Section scheduled to be repealed on January 1, 2030) Sec. 10-20. Sponsoring broker; employment agreement. (a) A licensee may perform activities as a licensee only for the licensee's sponsoring broker. A licensee must have only one sponsoring broker at any one time. (b) Every broker who employs licensees or has an independent contractor relationship with a licensee shall have a written employment or independent contractor agreement with each such licensee. The broker having this written employment or independent contractor agreement with the licensee must be that licensee's sponsoring broker. (c) Every sponsoring broker must have a written employment or independent contractor agreement with each licensee the broker sponsors. The agreement shall address the employment or independent contractor relationship terms, including without limitation supervision, duties, compensation, and termination process. (d) (Blank). (d-5) If a written agreement provides for an independent contractor relationship that clearly states and establishes that relationship, the specific provisions of this Act shall control for licensee's conduct of brokerage activities. (e) Notwithstanding the fact that a sponsoring broker has an employment or independent contractor agreement with a licensee, a sponsoring broker may pay compensation directly to a business entity solely owned by that licensee that has been formed for the purpose of receiving compensation earned by the licensee. A business entity that receives compensation from a sponsoring broker as provided for in this subsection (e) shall not be required to be licensed under this Act and must either be owned solely by the licensee or by the licensee together with the licensee's spouse, but only if the spouse and licensee are both licensed and sponsored by the same sponsoring broker or the spouse is not also licensed.(Source: P.A. 103-1039, eff. 1-1-25.)


225 ILCS 454/20-90

(225 ILCS 454/20-90) (Section scheduled to be repealed on January 1, 2030) Sec. 20-90. Collection from Real Estate Recovery Fund; procedure. (a) No action for a judgment that subsequently results in a post-judgment order for collection from the Real Estate Recovery Fund shall be started later than 2 years after the date on which the aggrieved person knew, or through the use of reasonable diligence should have known, of the acts or omissions giving rise to a right of recovery from the Real Estate Recovery Fund. (b) When any aggrieved person commences action for a judgment that may result in collection from the Real Estate Recovery Fund, the aggrieved person must name as parties defendant to that action any and all licensees, their employees, or independent contractors who allegedly committed or are responsible for acts or omissions giving rise to a right of recovery from the Real Estate Recovery Fund. Failure to name as parties defendant such licensees, their employees, or independent contractors shall preclude recovery from the Real Estate Recovery Fund of any portion of any judgment received in such an action. These parties defendant shall also include any corporations, limited liability companies, partnerships, registered limited liability partnership, or other business associations licensed under this Act that may be responsible for acts giving rise to a right of recovery from the Real Estate Recovery Fund. (c) (Blank). (d) When any aggrieved person commences action for a judgment that may result in collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal and proper service upon the parties defendant licensed under this Act under the provisions of Illinois law concerning service of process in civil actions, the aggrieved person may petition the court where the action to obtain judgment was begun for an order to allow service of legal process on the Secretary. Service of process on the Secretary shall be taken and held in that court to be as valid and binding as if due service had been made upon the parties defendant licensed under this Act. In case any process mentioned in this Section is served upon the Secretary, the Secretary shall forward a copy of the process by certified mail to the licensee's last address on record with the Department. Any judgment obtained after service of process on the Secretary under this Act shall apply to and be enforceable against the Real Estate Recovery Fund only. The Department may intervene in and defend any such action. (e) (Blank). (f) The aggrieved person shall give written notice to the Department within 30 days of the entry of any judgment that may result in collection from the Real Estate Recovery Fund. The aggrieved person shall provide the Department with 20 days prior written notice of all supplementary proceedings so as to allow the Department to intervene and participate in all efforts to collect on the judgment in the same manner as any party. (g) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction in an action in which the court has found the aggrieved person to be injured or otherwise damaged by any licensee or an unlicensed employee of any licensee as a result of fraud, misrepresentation, discrimination, or deceit or intentional violation of this Act by the licensee or the unlicensed employee of the licensee, the aggrieved person may, upon the termination of all proceedings, including review and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon 30 days' written notice to the Department, and to the person against whom the judgment was obtained, may apply to the court for a post-judgment order directing payment from the Real Estate Recovery Fund of the amount unpaid upon the judgment, not including interest on the judgment, and subject to the limitations stated in Section 20-85 of this Act. The aggrieved person must set out in that verified claim and subsequently prove at an evidentiary hearing to be held by the court upon the application that the claim meets all requirements of Section 20-85 and this Section to be eligible for payment from the Real Estate Recovery Fund. The aggrieved party shall be required to show that the aggrieved person: (1) Is not a spouse of the debtor or debtors or the personal representative of such spouse. (2) Has complied with all the requirements of this Section. (3) Has obtained a judgment stating the amount thereof and the amount owing thereon, not including interest thereon, at the date of the application. (4) Has shown evidence of the amount of attorney's fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 20-85 of this Act. An affidavit from the aggrieved party's attorney shall be sufficient evidence of the attorney's fees incurred. (h) If, after conducting the evidentiary hearing required under this Section, the court finds the aggrieved party has satisfied the requirements of Section 20-85 and this Section, the court shall, in a post-judgment order directed to the Department, order payment from the Real Estate Recovery Fund in the amount of the unpaid balance of the aggrieved party's judgment subject to and in accordance with the limitations contained in Section 20-85 of this Act. (i) If the Department pays from the Real Estate Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against any licensee or an unlicensed employee of a licensee, the licensee's license shall be automatically revoked upon the issuance of a post-judgment order authorizing payment from the Real Estate Recovery Fund. No petition for restoration of a license shall be heard until repayment has been made in full, plus interest at the rate prescribed in Section 12-109 of the Code of Civil Procedure of the amount paid from the Real Estate Recovery Fund on their account, notwithstanding any provision to the contrary in Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection (i). (j) If, at any time, the money deposited in the Real Estate Recovery Fund is insufficient to satisfy any duly authorized claim or portion thereof, the Department shall, when sufficient money has been deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate prescribed in Section 12-109 of the Code of Civil Procedure, provided that amount does not exceed the limits set forth in rules adopted by the Department. (Source: P.A. 101-357, eff. 8-9-19.)


The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)