Illinois Roofing Licensing Law
Illinois Code · 56 sections
The following is the full text of Illinois’s roofing licensing law statutes as published in the Illinois Code. For the official version, see the Illinois Legislature.
225 ILCS 235/13
(225 ILCS 235/13) (from Ch. 111 1/2, par. 2213) (Section scheduled to be repealed on December 31, 2029) Sec. 13. Violations of the Act. It is a violation of this Act and the Department may suspend, revoke, or refuse to issue or renew any certificate, registration, or license, in accordance with Section 14 of this Act, upon proof of any of the following: (a) Violation of this Act or any rule or regulation promulgated hereunder. (b) Conviction of a certified technician, registrant, or licensee of a violation of any provision of this Act or of pest control laws in any other state, or any other laws or rules and regulations adopted thereto relating to pesticides. (c) Knowingly making false or fraudulent claims, misrepresenting the effects of materials or methods or failing to use methods or materials suitable for structural pest control. (d) Performing structural pest control in a careless or negligent manner so as to be detrimental to health. (e) Failing to supply within a reasonable time, upon request from the Department or its authorized representative, true information regarding methods and materials used, work performed, or other information essential to the administration of this Act. (f) Fraudulent advertising or solicitations relating to structural pest control. (g) Aiding or abetting a person to evade any provision of this Act, conspiring with any person to evade provisions of this Act or allowing a license, permit, certification, or registration to be used by another person. (h) Impersonating any federal, state, county, or city official. (i) Performing structural pest control, utilizing, or authorizing the use or sale of, pesticides which are in violation of the FIFRA, or the Illinois Pesticide Act. (j) Failing to comply with a written Department notice or lawful order of the Director. (k) Failing to pay any civil penalty or fine assessed by the Department. (Source: P.A. 100-716, eff. 8-3-18.)
225 ILCS 305/12
(225 ILCS 305/12) (from Ch. 111, par. 1312) (Section scheduled to be repealed on January 1, 2030) Sec. 12. Examinations. (a) The Department shall authorize examinations of applicants for a license under this Act at such times and places as it may determine. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as an architect. (b) An applicant for examination is required to pay, either to the Department or the designated testing service, a fee covering 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 the forfeiture of the examination fee. (c) If an applicant fails to pass an examination for licensure under this Act within 3 years after filing the application, the application shall be denied. However, such applicant may thereafter make a new application for examination accompanied by the required fee and must furnish proof of meeting the qualifications for examination in effect at the time of the new application. Examination subject matter headings and bases on which examinations are graded shall be indicated in rules pertaining to this Act. The Department may adopt the examinations and grading procedures of the National Council of Architectural Registration Boards. (d) An applicant shall successfully complete all examinations required by rule of the Department. (e) An applicant has one year from the date of notification of successful completion of all the examination and experience requirements to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination, unless the Department, upon recommendation of the Board, determines that there is sufficient cause for the delay that is not due to the fault of the applicant. (Source: P.A. 103-627, eff. 1-1-25.)
225 ILCS 305/16
(225 ILCS 305/16) (from Ch. 111, par. 1316) (Section scheduled to be repealed on January 1, 2030) Sec. 16. Renewal, reinstatement, or restoration of license; persons in military service. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The holder of a license may renew such license during the month preceding the expiration date thereof by paying the required fee. (b) An architect who has permitted his or her license to expire or who has had his or her license placed on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required fee as determined by rule. (c) An architect whose license has expired while engaged (1) in federal service 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 a license restored or reinstated without paying any lapsed reinstatement, renewal, or restoration fees if within 2 years after termination other than by dishonorable discharge of such service, training, or education and the Department is furnished with satisfactory evidence that the licensee has been so engaged in the practice of architecture and that such service, training, or education has been so terminated. (Source: P.A. 101-346, eff. 8-9-19.)
225 ILCS 305/22
(225 ILCS 305/22) (from Ch. 111, par. 1322) (Section scheduled to be repealed on January 1, 2030) Sec. 22. Grounds for disciplinary action. (a) The Department may refuse to issue or renew a license or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any license issued under this Act, for any one or a combination of the following reasons: (1) Material misstatement in furnishing information to the Department. (2) Negligence, incompetence, or misconduct in the practice of architecture. (3) Failure to comply with any of the provisions of this Act or any of the rules. (4) Fraud or any misrepresentation in applying for or procuring a license or registration under this Act or in connection with applying for renewal or restoration of a license or registration under this Act. (5) Purposefully making false statements or signing false statements, certificates or affidavits to induce payment. (6) Conviction of or entry of a plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, 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 misdemeanor, an essential element of which is dishonesty, that is directly related to the practice of the profession of architecture or (ii) a felony. (7) Aiding or assisting another in violating any provision of this Act or the rules adopted under this Act. (8) Failing to provide information in response to a written request made by the Department within 60 days after receipt of the written request. (9) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public. (10) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, narcotics, stimulants, or any other substances that results in the inability to practice with reasonable judgment, skill, or safety. (11) Making a statement of compliance pursuant to the Environmental Barriers Act that technical submissions prepared by the architect or prepared under the architect's responsible control for construction or alteration of an occupancy required to be in compliance with the Environmental Barriers Act are in compliance with the Environmental Barriers Act when such technical submissions are not in compliance. (12) A finding by the Department that an applicant or licensee has failed to pay a fine imposed by the Department. (13) A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated or failed to comply with the terms of probation. (14) Inability to practice the profession with reasonable judgment, skill, or safety as a result of physical illness, including, but not limited to, deterioration through the aging process, loss of motor skill, mental illness, or disability. (15) Discipline by another state, territory, foreign country, the District of Columbia, the United States government, or any other governmental agency if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Act. (16) The making of any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this Act. (17) Using or attempting to use an expired, inactive, suspended, or revoked license or the certificate or seal of another or impersonating another licensee. (19) Signing, affixing, or allowing the architect's seal to be affixed to any technical submission not prepared by the architect or under the architect's responsible control. (a-5) In enforcing this Section, the Department or Board, upon a showing of a possible violation, may order a licensee or applicant to submit to a mental or physical examination, or both, at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning his or her examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The licensee or applicant may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of a licensee or applicant to submit to any such examination when directed, without reasonable cause as defined by rule, shall be grounds for either the immediate suspension of his or her license or immediate denial of his or her application. If the Secretary immediately suspends the license of a licensee for his or her failure to submit to a mental or physical examination when directed, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay. If the Secretary otherwise suspends a license pursuant to the results of the licensee's mental or physical examination, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the licensee's record of treatment and counseling regarding the relevant impairment or impairments to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. Any licensee suspended under this subsection (a-5) shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with the acceptable and prevailing standards under the provisions of his or her license. (b) 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. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the licensee be allowed to resume practice. (c) (Blank). (d) If the Department of Healthcare and Family Services (formerly the Department of Public Aid) 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 shall refuse to issue or renew or shall revoke or suspend that person's license or shall 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 subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (e) The Department shall refuse to issue or renew or shall revoke or suspend a person's license or entity's registration or shall take other disciplinary action against that person or entity for his or her failure 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 the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (f) Persons who assist the Department as consultants or expert witnesses in the investigation or prosecution of alleged violations of the Act, licensure matters, restoration proceedings, or criminal prosecutions, shall not be liable for damages in any civil action or proceeding as a result of such assistance, except upon proof of actual malice. The attorney general shall defend such persons in any such action or proceeding. (Source: P.A. 100-872, eff. 8-14-18; 101-346, eff. 8-9-19.)
225 ILCS 305/30
(225 ILCS 305/30) (from Ch. 111, par. 1330) (Section scheduled to be repealed on January 1, 2030) Sec. 30. Order to be prima facie proof. An order of revocation or suspension or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (a) the signature is the genuine signature of the Secretary; (b) the Secretary is duly appointed and qualified; and (c) the Board and the members thereof are qualified to act. Such proof may be rebutted. (Source: P.A. 101-346, eff. 8-9-19.)
225 ILCS 305/9
(225 ILCS 305/9) (from Ch. 111, par. 1309) (Section scheduled to be repealed on January 1, 2030) Sec. 9. Board. The Secretary shall appoint an Architecture Licensing Board consisting of 7 members who shall serve in an advisory capacity to the Secretary. All members of the Board shall be residents of Illinois. Six members shall (i) hold a valid architecture license in Illinois and have held the license under this Act for the preceding 10 years, and (ii) not have been disciplined within the preceding 10 years under this Act. One architect shall be a member of the architectural faculty of an Illinois university accredited by the National Architectural Accrediting Board. In addition to the 6 architects, there shall be one public member. The public member shall be a voting member and shall not be licensed under this Act or any other design profession licensing Act that the Department administers. Board members shall serve 5-year terms and until their successors are appointed and qualified. In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the architecture profession. The membership of the Board should reasonably reflect representation from the geographic areas in this State. No member shall be reappointed to the Board for a term which would cause his or her continuous service on the Board to be longer than 2 consecutive 5-year terms. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Four members of the Board shall constitute a quorum. A quorum is required for Board decisions. The Secretary may remove any member of the Board for misconduct, incompetence, or neglect of duty or for reasons prescribed by law for removal of State officials. The Secretary may remove a member of the Board who does not attend 2 consecutive meetings. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations made therein. The Department may, at any time, seek the expert advice and knowledge of the Board on any matter relating to the administration or enforcement of this Act. Members of the Board are not liable for damages in any action or proceeding as a result of activities performed as members of the Board, except upon proof of actual malice. Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses. (Source: P.A. 103-1044, eff. 1-1-25.)
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 317/35
(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 317/60
(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 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 320/25
(225 ILCS 320/25) (from Ch. 111, par. 1124) Sec. 25. Order or certified copy; prima facie proof. An order of suspension, revocation, or reinstatement of a license, or of dismissal of a complaint or petition, or a certified copy of such an order, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that: (a) the signature is the genuine signature of the Director; and (b) the Director is duly appointed and qualified. (Source: P.A. 91-357, eff. 7-29-99.)
225 ILCS 320/3
hanges made to the current law.
(225 ILCS 320/3) (from Ch. 111, par. 1103) Sec. 3. (1) All planning and designing of plumbing systems and all plumbing shall be performed only by plumbers licensed under the provisions of this Act hereinafter called "licensed plumbers" and "licensed apprentice plumbers". The inspection of plumbing and plumbing systems shall be done only by the sponsor or his or her agent who shall be an Illinois licensed plumber. Nothing herein contained shall prohibit licensed plumbers or licensed apprentice plumbers under supervision from planning, designing, inspecting, installing, repairing, maintaining, altering or extending building sewers in accordance with this Act. No person who holds a license or certificate of registration under the Illinois Architecture Practice Act of 1989, or the Structural Engineering Practice Act of 1989, or the Professional Engineering Practice Act of 1989 shall be prevented from planning and designing plumbing systems. Each licensed plumber shall, as a condition of each annual license renewal after the first license, provide proof of completion of 4 hours of continuing education. Sponsors of continuing education shall meet the criteria provided by the Board of Plumbing Examiners and Plumbing Code advisory council. Continuing education courses shall provide instruction in plumbing, which is supervised directly by an Illinois licensed plumber only. (2) Nothing herein contained shall prohibit the owner occupant or lessee occupant of a single family residence, or the owner of a single family residence under construction for his or her occupancy, from planning, installing, altering or repairing the plumbing system of such residence, provided that (i) such plumbing shall comply with the minimum standards for plumbing contained in the Illinois State Plumbing Code, and shall be subject to inspection by the Department or the local governmental unit if it retains a licensed plumber as an inspector; and (ii) such owner, owner occupant or lessee occupant shall not employ other than a plumber licensed pursuant to this Act to assist him or her. For purposes of this subsection, a person shall be considered an "occupant" if and only if he or she has taken possession of and is living in the premises as his or her bona fide sole and exclusive residence, or, in the case of an owner of a single family residence under construction for his or her occupancy, he or she expects to take possession of and live in the premises as his or her bona fide sole and exclusive residence, and he or she has a current intention to live in such premises as his or her bona fide sole and exclusive residence for a period of not less than 6 months after the completion of the plumbing work performed pursuant to the authorization of this subsection, or, in the case of an owner of a single family residence under construction for his or her occupancy, for a period of not less than 6 months after the completion of constructio
225 ILCS 325/10
(225 ILCS 325/10) (from Ch. 111, par. 5210) (Section scheduled to be repealed on January 1, 2030) Sec. 10. Minimum standards for licensure as professional engineer. (a) To qualify for licensure as a professional engineer, each applicant shall be: (1) a graduate of an approved engineering curriculum of at least 4 years who submits acceptable evidence to the Board of an additional 4 years or more of experience in engineering work of a grade and character that indicate that the individual may be competent to practice professional engineering, and who has passed an examination in the fundamentals of engineering as defined by rule and an examination in the principles and practice of engineering as defined by rule. Upon submitting an application with proof of passing both examinations, the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State; or (2) a graduate of a non-approved engineering curriculum or a related science curriculum of at least 4 years and which meets the requirements as set forth by rule by submitting an application to the Department for its review and approval, who submits acceptable evidence to the Board of an additional 4 years or more of experience in engineering work of a grade and character which indicate that the individual may be competent to practice professional engineering, and who has passed an examination in the fundamentals of engineering as defined by rule and an examination in the principles and practice of engineering as defined by rule. Upon submitting the application with proof of passing both examinations, the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State; or (3) an Illinois engineer intern, by application and payment of the required fee, may then take an examination in the principles and practice of engineering as defined by rule. If the applicant passes that examination and submits evidence to the Board that meets the experience qualification of paragraph (1) or (2), the applicant, if otherwise qualified, shall be granted a license to practice professional engineering in this State. (b) Allowable experience for licensure shall commence at the date of the baccalaureate degree, except for experience gained while the applicant is a part-time student taking fewer than 12 hours per semester or 8 hours per quarter to earn the degree concurrent with the full-time engineering experience. (c) When considering an applicant's qualifications for licensure under this Act, the Department may take into consideration whether an applicant has engaged in conduct or actions that would constitute a violation of the Standards of Professional Conduct for this Act as provided by administrative rules.(Source: P.A. 103-1044, eff. 1-1-25.)
225 ILCS 325/11
(225 ILCS 325/11) (from Ch. 111, par. 5211) (Section scheduled to be repealed on January 1, 2030) Sec. 11. Minimum standards for examination for enrollment as engineer intern. Each of the following is considered a minimum standard that an applicant must satisfy to qualify for enrollment as an engineer intern: (a) A graduate of an approved engineering curriculum of at least 4 years, who has passed an examination in the fundamentals of engineering as defined by rule, shall be enrolled as an engineer intern, if the applicant is otherwise qualified; or (b) An applicant in the last year of an approved engineering curriculum who passes an examination in the fundamentals of engineering as defined by rule and furnishes proof that the applicant graduated within a 12-month period following the examination shall be enrolled as an engineer intern, if the applicant is otherwise qualified; or (c) A graduate of a non-approved engineering curriculum or a related science curriculum of at least 4 years and which meets the requirements as set forth by rule by submitting an application to the Department for its review and approval who has passed an examination in the fundamentals of engineering as defined by rule shall be enrolled as an engineer intern, if the applicant is otherwise qualified.(Source: P.A. 103-1044, eff. 1-1-25.)
225 ILCS 325/17
(225 ILCS 325/17) (from Ch. 111, par. 5217) (Section scheduled to be repealed on January 1, 2030) Sec. 17. Renewal, reinstatement, or restoration of license; persons in military service. (a) The expiration date and renewal period for each professional engineer license issued under this Act shall be set by the Department by rule. The holder of a license may renew such license during the month preceding the expiration date by paying the required fee. (b) A professional engineer who has permitted his or her license to expire or has had his or her license placed on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee as determined by rule. (c) A professional engineer whose license has expired while engaged (1) in federal service 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 before induction into the military service, may have the license restored or reinstated without paying any lapsed reinstatement, renewal, or restoration fees if within 2 years after termination other than by dishonorable discharge of such service, training, or education and the Department is furnished with satisfactory evidence that the licensee has been so engaged in the practice of professional engineering and that such service, training, or education has been so terminated. (d) The enrollment of an engineer intern does not expire. (e) Any person who has been duly licensed as a professional engineer by the Department and who chooses to deactivate or not renew his or her license may use the title "Professional Engineer, Retired". Those persons using the title "Professional Engineer, Retired" may request restoration to active status under the applicable provisions of Sections 17, 17.5, and 18 of this Act. The use of the title "Professional Engineer, Retired" shall not constitute representation of current licensure. Any person without an active license shall not be permitted to practice engineering as defined in this Act. Nothing in this Section shall be construed to require the Department to issue any certificate, credential, or other document indicating that a person has been granted the title, "Professional Engineer, Retired". (Source: P.A. 101-310, eff. 8-9-19.)
225 ILCS 325/33
(225 ILCS 325/33) (from Ch. 111, par. 5233) (Section scheduled to be repealed on January 1, 2030) Sec. 33. Order or certified copy; Prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof: (a) That such signature is the genuine signature of the Secretary; (b) That such Secretary is duly appointed and qualified; and (c) That the Board and the members thereof are qualified to act. (Source: P.A. 96-626, eff. 8-24-09.)
225 ILCS 325/6
(225 ILCS 325/6) (from Ch. 111, par. 5206) (Section scheduled to be repealed on January 1, 2030) Sec. 6. Board. (a) The Secretary shall appoint a Professional Engineering Board. The Board shall consist of 10 members who shall serve in an advisory capacity to the Secretary. All shall be residents of Illinois. 9 members shall (i) currently hold a valid professional engineering license in Illinois and shall have held the license under this Act for the previous 10-year period and (ii) have not been disciplined within the last 10-year period under this Act. In addition to the 9 professional engineers, there shall be one public member. The public member shall be a voting member and shall not be licensed under this Act or any other design profession licensing Act that the Department administers. (b) Board members shall serve 5-year terms and until their successors are appointed and qualified. (c) In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the professional engineering profession. (d) The membership of the Board should reasonably reflect representation from the geographic areas in this State. (e) No member shall be reappointed to the Board for a term which would cause his or her continuous service on the Board to be longer than 2 consecutive 5-year terms. (f) Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. (g) Six members shall constitute a quorum. A quorum is required for Board decisions. (h) The Secretary may remove any member of the Board for misconduct, incompetence, or neglect of duty or for reasons prescribed by law for removal of State officials. The Secretary may remove a member of the Board who does not attend 2 consecutive meetings. (i) Notice of proposed rulemaking shall be transmitted to the Board, and the Department shall review the response of the Board and any recommendations made therein. (j) Members of the Board shall not be liable for damages in any action or proceeding as a result of activities performed as members of the Board, except upon proof of actual malice. (k) Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses. (Source: P.A. 101-310, eff. 8-9-19.)
225 ILCS 325/9
(225 ILCS 325/9) (from Ch. 111, par. 5209) (Section scheduled to be repealed on January 1, 2030) Sec. 9. Examinations. (a) The Department shall authorize examinations of applicants for a license under this Act at such times and places as it may determine by rule. The examinations shall be of a character to give a fair test of the qualifications of the applicant to practice as a professional engineer or engineer intern. (b) Applicants for examination are required to pay, either to the Department or the designated testing service, a fee covering 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 the forfeiture of the examination fee. (c) If an applicant fails to pass an examination for licensure under this Act within 3 years after filing the application, the application shall be denied. However, such applicant may thereafter make a new application for examination accompanied by the required fee and must furnish proof of meeting the qualifications for examination in effect at the time of new application. (Source: P.A. 101-310, eff. 8-9-19.)
225 ILCS 330/11
(225 ILCS 330/11) (from Ch. 111, par. 3261) (Section scheduled to be repealed on January 1, 2030) Sec. 11. Examination. (a) The Department shall authorize examinations of applicants for a license under this Act at such times and places as it may determine by rule. The examinations shall be of a character to give a fair test of the qualifications of the applicant to practice as a professional land surveyor or surveyor intern. (b) Applicants for examination are required to pay, either to the Department or the designated testing service, a fee covering 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 the forfeiture of the examination fee. (c) If an applicant fails to pass an examination for licensure under this Act within 3 years after filing the application, the application shall be denied. However, such applicant may thereafter make a new application for examination accompanied by the required fee and must furnish proof of meeting the qualifications for examination in effect at the time of new application. (d) All applicants for licensing as a professional land surveyor shall be required to pass a jurisdictional examination to determine the applicant's knowledge of the surveying tasks unique to the State of Illinois and the laws relating thereto. (Source: P.A. 100-171, eff. 1-1-18; 101-313, eff. 8-9-19.)
225 ILCS 330/13
(225 ILCS 330/13) (from Ch. 111, par. 3263) (Section scheduled to be repealed on January 1, 2030) Sec. 13. Minimum standards for enrollment as a surveyor intern. To enroll as a surveyor intern, an applicant must be: (1) a graduate of an approved land surveying curriculum of at least 4 years who has passed an examination in the fundamentals of surveying, as defined by rule; (2) an applicant in the last year of an approved land surveying or related science curriculum who passes an examination in the fundamentals of surveying, as defined by rule, and furnishes proof that the applicant graduated within a 12-month period following the examination; or (3) a graduate of a baccalaureate curriculum of at least 4 years, including at least 24 semester hours of land surveying courses from an approved land surveying curriculum and the related science courses, as defined by rule, who passes an examination in the fundamentals of surveying, as defined by rule. (Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18; 101-313, eff. 8-9-19.)
225 ILCS 330/18
(225 ILCS 330/18) (from Ch. 111, par. 3268) (Section scheduled to be repealed on January 1, 2030) Sec. 18. Renewal, reinstatement, or restoration of license; persons in military service. (a) The expiration date and renewal period for each license as a professional land surveyor issued under this Act shall be set by rule. The holder of a license may renew such license during the month preceding the expiration date by paying the required fee. (b) A professional land surveyor who has permitted his or her license to expire or has had his or her license placed on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required fee as determined by rule. (c) A professional land surveyor whose license has expired while engaged (1) in federal service 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 before induction into the military service, may have the license restored or reinstated without paying any lapsed reinstatement, renewal, or restoration fees if within 2 years after termination other than by dishonorable discharge of such service, training, or education the Department is furnished with satisfactory evidence that the licensee has been so engaged in the practice of land surveying and that such service, training, or education has so terminated. (d) A license for a surveyor intern does not expire. (Source: P.A. 100-171, eff. 1-1-18; 101-313, eff. 8-9-19.)
225 ILCS 330/29
(225 ILCS 330/29) (from Ch. 111, par. 3279) (Section scheduled to be repealed on January 1, 2030) Sec. 29. Investigations; notice and hearing. (a) The Department may investigate the actions of any applicant or of any person or entity holding or claiming to hold a license under this Act. (b) Before the initiation of a formal complaint, the matter shall be reviewed by a subcommittee of the Board according to procedures established by rule for the Complaint Committee. If a subcommittee has not been formed, the matter shall proceed through the process as stated in subsection (c). (c) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the hearing, (i) notify the applicant or licensee in writing of the charges made and the time and place for the hearing on the charges, (ii) direct the applicant or licensee to file a written answer to the charges under oath within 20 days after the service of the notice, and (iii) inform the applicant or licensee that failure to file a written answer to the charges will result in a default being entered against the applicant or licensee. (d) Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record. (e) At the time and place fixed in the notice, the Board or hearing officer appointed by the Secretary shall proceed to hear the charges and the parties and their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to the applicant's or licensee's defense. The Board or hearing officer may continue the hearing from time to time. (f) In case the licensee or applicant, after receiving the notice, fails to file an answer, the license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. (g) Persons who assist the Department as consultants or expert witnesses in the investigation or prosecution of alleged violations of the Act, licensure matters, restoration proceedings, or criminal prosecutions, are not liable for damages in any civil action or proceeding as a result of their assistance, except upon proof of actual malice. The Attorney General shall defend these persons in any such action or proceeding. (Source: P.A. 101-313, eff. 8-9-19.)
225 ILCS 330/37
(225 ILCS 330/37) (from Ch. 111, par. 3287) (Section scheduled to be repealed on January 1, 2030) Sec. 37. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (a) the signature is the genuine signature of the Secretary; (b) the Secretary is duly appointed and qualified; and (c) the Board and the members thereof are qualified to act. (Source: P.A. 96-626, eff. 8-24-09.)
225 ILCS 330/4
(225 ILCS 330/4) (from Ch. 111, par. 3254) (Section scheduled to be repealed on January 1, 2030) Sec. 4. Definitions. As used in this Act: (a) "Department" means the Department of Financial and Professional Regulation. (b) "Secretary" means the Secretary of Financial and Professional Regulation. (c) "Board" means the Land Surveyors Licensing Board. (d) "Direct supervision and control" means the personal review by a licensed professional land surveyor of each survey, including, but not limited to, procurement, research, field work, calculations, preparation of legal descriptions and plats. The personal review shall be of such a nature as to assure the client that the professional land surveyor or the firm for which the professional land surveyor is employed is the provider of the surveying services. (e) "Responsible charge" means an individual responsible for the various components of the land survey operations subject to the overall supervision and control of the professional land surveyor. (f) "Design professional" means a land surveyor, architect, structural engineer, or professional engineer licensed in conformance with this Act, the Illinois Architecture Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Professional Engineering Practice Act of 1989. (g) "Professional land surveyor" means any person licensed under the laws of the State of Illinois to practice land surveying, as defined by this Act or its rules. (h) "Surveyor intern" means any person licensed under the laws of the State of Illinois who has qualified for, taken, and passed an examination in the fundamental land surveying subjects as provided by this Act or its rules. (i) "Land surveying experience" means those activities enumerated in Section 5 of this Act, which, when exercised in combination, to the satisfaction of the Board, is proof of an applicant's broad range of training in and exposure to the prevailing practice of land surveying. (j) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. (k) "Standard of care" means the use of the same degree of knowledge, skill, and ability as an ordinarily careful and reasonable professional land surveyor would exercise under similar circumstances. (l) "Establishing" means performing an original survey. An original survey establishes boundary lines within an original division of a tract of land which has theretofore existed as one unit or parcel and describing and monumenting a line or lines of a parcel or tract of land on the ground for the first time. An original surveyor is the creator of one or more new boundary lines. (m) "Reestablishing" or "locating" means performing a retracement survey. A retracement survey tracks the footsteps of the original surveyor, locating boundary lines and corners which have been established by the original survey. A retracement survey cannot establish new corners or lines or correct errors of the original survey. (n) "Boundary law principles" means applying the decisions, results, and findings of land boundary cases that concern the establishment of boundary lines and corners. (o) "Email address of record" means the designated email address of record by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. (Source: P.A. 100-171, eff. 1-1-18; 101-313, eff. 8-9-19.)
225 ILCS 330/7
(225 ILCS 330/7) (from Ch. 111, par. 3257) (Section scheduled to be repealed on January 1, 2030) Sec. 7. Board. (a) The Secretary shall appoint a Professional Land Surveyor Board. The Board shall consist of 7 members who shall serve in an advisory capacity to the Secretary. All members shall be residents of Illinois. Six members shall (i) currently hold a valid professional land surveyor license in Illinois and shall have held the license under this Act for the preceding 10 years, and (ii) shall not have been disciplined within the preceding 10 years under this Act. In addition to the 6 professional land surveyors, there shall be one public member. The public member shall be a voting member and shall not be licensed under this Act or any other design profession licensing Act that the Department administers. (b) Board members shall serve for 5-year terms and until their successors are qualified and appointed. (c) In appointing members to the Board, the Secretary shall give due consideration to recommendations by members and organizations of the professional land surveyor profession. (d) The membership of the Board should reasonably reflect representation from the geographic areas in this State. (e) No member shall be reappointed to the Board for a term that would cause his or her continuous service on the Board to be longer than 2 consecutive 5-year terms. (f) Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the vacated term. (g) Four members shall constitute a quorum. A quorum is required for Board decisions. (h) The Secretary may remove any member of the Board for misconduct, incompetence, or neglect of duty or for reasons prescribed by law for removal of State officials. The Secretary may remove a member of the Board who does not attend 2 consecutive meetings. (i) Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations made therein. (j) Members of the Board shall not be liable for damages in any action or proceeding as a result of activities performed as members of the Board, except upon proof of actual malice. (k) Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses. (Source: P.A. 101-313, eff. 8-9-19.)
225 ILCS 335/1
(225 ILCS 335/1) (from Ch. 111, par. 7501) (Section scheduled to be repealed on January 1, 2031) Sec. 1. Legislative purpose. It is hereby declared to be the public policy of this State that, in order to safeguard the life, health, property, and public welfare of its citizens, the business of roofing construction, reconstruction, alteration, maintenance and repair is a matter affecting the public interest, and any person desiring to obtain a license to engage in the business as herein defined shall be required to establish the person's qualifications to be licensed as herein provided.(Source: P.A. 104-427, eff. 8-15-25.)
225 ILCS 335/10a
(225 ILCS 335/10a) (Section scheduled to be repealed on January 1, 2031) Sec. 10a. Unlicensed practice; violation; civil penalty. (a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice roofing without being licensed 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 $15,000 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. (b) The Department has the authority and power to investigate any and all unlicensed activity. (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 thereon in the same manner as any judgment from any court of record.(Source: P.A. 104-427, eff. 8-15-25.)
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 335/11.5a
(225 ILCS 335/11.5a) (Section scheduled to be repealed on January 1, 2031) Sec. 11.5a. Roofing Advisory Board; powers and duties. (a) The Board shall meet at least once per year or as otherwise called by the Secretary. (b) Five members of the Board currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board. (c) Each member, in exercising the member's duties on behalf of the Board, shall not engage in any self-interest, including, but not limited to, conduct contrary to an appropriate regulatory interest as determined by the Department. (d) The Board shall annually elect a chairperson and a vice chairperson who shall be qualifying parties credentialed under this Act. No officer shall be elected more than twice in succession to the same office unless there are extenuating circumstances. (e) The Board shall elect a successor chairperson or vice chairperson in the event such officer position becomes vacant, and such successor shall serve the remainder of the vacating officer's term. (f) Without limiting the power of the Department to conduct investigations, the Board may recommend to the Secretary that one or more credentialed qualifying parties be selected by the Secretary to conduct or assist in any investigation pursuant to this Act. Each such credentialed qualifying party may receive remuneration as determined by the Secretary. (Source: P.A. 104-427, eff. 8-15-25.)
225 ILCS 335/11.7
(225 ILCS 335/11.7) (Section scheduled to be repealed on January 1, 2031) Sec. 11.7. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (1) the signature is the genuine signature of the Secretary; and (2) the Secretary is duly appointed and qualified.(Source: P.A. 99-469, eff. 8-26-15.)
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 340/10
(225 ILCS 340/10) (from Ch. 111, par. 6610) (Section scheduled to be repealed on January 1, 2030) Sec. 10. Examinations. (a) The Department shall authorize examinations of applicants for a license or enrollment under this Act at such times and places as it may determine by rule. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a structural engineer or structural engineer intern. (b) Applicants for examination are required to pay, either to the Department or the designated testing service, a fee covering 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 the forfeiture of the examination fee. (c) If an applicant fails to pass an examination for a license or enrollment under this Act within 3 years after filing the application, the application shall be denied. However, such applicant may thereafter make a new application for examination accompanied by the required fee and must furnish proof of meeting the qualifications for examination in effect at the time of new application. (Source: P.A. 101-312, eff. 8-9-19.)
225 ILCS 340/14
(225 ILCS 340/14) (from Ch. 111, par. 6614) (Section scheduled to be repealed on January 1, 2030) Sec. 14. Renewal, reinstatement, or restoration of license; persons in military service. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The holder of a license may renew the license during the month preceding its expiration date by paying the required fee. (b) A licensed structural engineer who has permitted his or her license to expire or has had his or her license placed on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of fitness to have his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required fee as determined by rule. (c) A structural engineer whose license has expired while engaged (1) in federal service 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 before induction into the military service, may have the license restored or reinstated without paying any lapsed reinstatement, renewal, or restoration fees if within 2 years after termination other than by dishonorable discharge of such service, training, or education the Department is furnished with satisfactory evidence that the licensee has been so engaged in the practice of structural engineering and that such service, training, or education has been so terminated. (Source: P.A. 101-312, eff. 8-9-19.)
225 ILCS 340/16
(225 ILCS 340/16) (from Ch. 111, par. 6616) (Section scheduled to be repealed on January 1, 2030) Sec. 16. Endorsement. (a) The Department may, upon application in writing on forms or electronically accompanied by the required fee, issue a license as a structural engineer to an applicant who is a structural engineer licensed under the laws of another state, the District of Columbia, a territory of the United States, or a foreign country if the requirements for licensure in that other jurisdiction were, on the date of original licensure, substantially equivalent to the requirements then in force in this State. (b) All applications for endorsement shall provide proof of passage of the examinations as approved by the Department by rule. (c) If the accuracy of any submitted documentation or relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies, or conflicts in information given or a need for clarification, the applicant seeking licensure may be required to provide additional information. (d) Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.(Source: P.A. 103-1044, eff. 1-1-25.)
225 ILCS 340/28
(225 ILCS 340/28) (from Ch. 111, par. 6628) (Section scheduled to be repealed on January 1, 2030) Sec. 28. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (1) the signature is the genuine signature of the Secretary; (2) the Secretary is duly appointed and qualified; and (3) the Board and the members thereof are qualified to act. Such proof may be rebutted. (Source: P.A. 101-312, eff. 8-9-19.)
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 441/1-10
(225 ILCS 441/1-10) (Section scheduled to be repealed on January 1, 2027) Sec. 1-10. Definitions. As used in this Act, unless the context otherwise requires: "Address of record" means the designated street address, which may not be a post office box, recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department. "Applicant" means a person who applies to the Department for a license under this Act. "Client" means a person who engages or seeks to engage the services of a home inspector for an inspection assignment. "Department" means the Department of Financial and Professional Regulation. "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. "Home inspection" means the examination and evaluation of the exterior and interior components of residential real property, which includes the inspection of any 2 or more of the following components of residential real property in connection with or to facilitate the sale, lease, or other conveyance of, or the proposed sale, lease or other conveyance of, residential real property: (1) heating, ventilation, and air conditioning system; (2) plumbing system; (3) electrical system; (4) structural composition; (5) foundation; (6) roof; (7) masonry structure; or (8) any other residential real property component as established by rule. "Home inspector" means a person or entity who, for another and for compensation either direct or indirect, performs home inspections. "Home inspection report" or "inspection report" means a written evaluation prepared and issued by a home inspector upon completion of a home inspection, which meets the standards of practice as established by the Department. "Inspection assignment" means an engagement for which a home inspector is employed or retained to conduct a home inspection and prepare a home inspection report. "License" means the privilege conferred by the Department to a person who has fulfilled all requirements prerequisite to any type of licensure under this Act. "Licensee" means any person licensed under this Act. "Person" means individuals, entities, corporations, limited liability companies, registered limited liability partnerships, and partnerships, foreign or domestic, except that when the context otherwise requires, the term may refer to a single individual or other described entity. "Residential real property" means real property that is used or intended to be used as a residence by one or more individuals. "Secretary" means the Secretary of Financial and Professional Regulation or the Secretary's designee. "Standards of practice" means recognized standards to be used in a home inspection, as determined by the Department and established by rule. (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
225 ILCS 441/15-35
(225 ILCS 441/15-35) (Section scheduled to be repealed on January 1, 2027) Sec. 15-35. Signature of the Secretary. An order of revocation or suspension or a certified copy of the order, bearing the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (1) the signature is the genuine signature of the Secretary; and (2) the Secretary is duly appointed and qualified. This proof may be rebutted. (Source: P.A. 97-226, eff. 7-28-11.)
225 ILCS 441/5-50
(225 ILCS 441/5-50) (Section scheduled to be repealed on January 1, 2027) Sec. 5-50. Insurance. (a) All applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000. (b) Failure of an applicant or a licensee to carry and maintain the insurance required by this Section, to timely submit proof of coverage upon the Department's request, or to timely report any claims made against such policies of insurance shall be grounds for the denial of an application to renew a license, or the suspension or revocation of the license. (c) The policies of insurance submitted by an applicant for a new license or an applicant for renewal of a license must include the name of the applicant as it appears or will appear on the license. (d) A home inspector shall maintain the insurance required by this Section for at least one year after the latest home inspection report the home inspector delivered. (e) The Department may adopt rules to implement this Section. (Source: P.A. 102-20, eff. 1-1-22.)
225 ILCS 454/20-67
(225 ILCS 454/20-67) (Section scheduled to be repealed on January 1, 2030) Sec. 20-67. Order or certified copy; prima facie proof. An order, or certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary is prima facie proof that (i) the signature is the genuine signature of the Secretary, (ii) the Secretary is duly appointed and qualified, and (iii) the Board and its members are qualified to act. (Source: P.A. 96-856, eff. 12-31-09.)
225 ILCS 454/5-50
(225 ILCS 454/5-50) (Section scheduled to be repealed on January 1, 2030) Sec. 5-50. Expiration and renewal of managing broker, broker, or residential leasing agent license; sponsoring broker; register of licensees. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. Except as otherwise provided in this Section, the holder of a license may renew the license within 90 days preceding the expiration date thereof by completing the continuing education required by this Act and paying the fees specified by rule. (b) An individual whose first license is that of a broker received on or after the effective date of this amendatory Act of the 101st General Assembly, must provide evidence of having completed 45 hours of post-license education presented in a classroom or a live, interactive webinar, or online distance education course, and which shall require passage of a final examination. The Board may recommend, and the Department shall approve, 45 hours of post-license education, consisting of three 15-hour post-license courses, one each that covers applied brokerage principles, risk management/discipline, and transactional issues. Each of the courses shall require its own 50-question final examination, which shall be administered by the education provider that delivers the course. Individuals whose first license is that of a broker received on or after the effective date of this amendatory Act of the 101st General Assembly, must complete all three 15-hour courses and successfully pass a course final examination for each course prior to the date of the next broker renewal deadline, except for those individuals who receive their first license within the 180 days preceding the next broker renewal deadline, who must complete all three 15-hour courses and successfully pass a course final examination for each course prior to the second broker renewal deadline that follows the receipt of their license. (c) Any managing broker, broker, or residential leasing agent whose license under this Act has expired shall be eligible to renew the license during the 2-year period following the expiration date, provided the managing broker, broker, or residential leasing agent pays the fees as prescribed by rule and completes continuing education and other requirements provided for by the Act or by rule. A managing broker, broker, or residential leasing agent whose license has been expired for more than 2 years but less than 5 years may have it restored by (i) applying to the Department, (ii) paying the required fee, (iii) completing the continuing education requirements for the most recent term of licensure that ended prior to the date of the application for reinstatement, and (iv) filing acceptable proof of fitness to have the license restored, as set by rule. A managing broker, broker, or residential leasing agent whose license has been expired for more than 5 years shall be required to meet the requirements for a new license. (d) Notwithstanding any other provisions of this Act to the contrary, any managing broker, broker, or residential leasing agent whose license expired while the licensee was (i) on active duty with the Armed Forces of the United States or called into service or training by the state militia, (ii) engaged in training or education under the supervision of the United States preliminary to induction into military service, or (iii) serving as the Coordinator of Real Estate in the State of Illinois or as an employee of the Department may have the license renewed, reinstated or restored without paying any lapsed renewal fees, and without completing the continuing education requirements for that licensure period if within 2 years after the termination of the service, training or education the licensee furnishes the Department with satisfactory evidence of service, training, or education and termination under honorable conditions. (e) Each licensee shall carry on one's person the license or an electronic version thereof. (f) The Department shall provide to the sponsoring broker a notice of renewal for all sponsored licensees by mailing the notice to the sponsoring broker's address of record, or, at the Department's discretion, emailing the notice to the sponsoring broker's email address of record. (g) Upon request from the sponsoring broker, the Department shall make available to the sponsoring broker, by electronic means at the discretion of the Department, a listing of licensees under this Act who, according to the records of the Department, are sponsored by that broker. Every licensee associated with or employed by a broker whose license is revoked, suspended, or expired shall be considered inactive until such time as the sponsoring broker's license is reinstated or renewed, or a new valid sponsorship is registered with the Department as set forth in subsection (b) of Section 5-40 of this Act. (h) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments. (i) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or civil penalty imposed by the Department for unlicensed practice until the fine or civil penalty is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
225 ILCS 454/5-60.5
(225 ILCS 454/5-60.5) (Section scheduled to be repealed on January 1, 2030) Sec. 5-60.5. Managing broker licensed in another state; broker licensed in another state; endorsement requirements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions: (1) the managing broker holds an active managing broker's license or its equivalent in another state or jurisdiction; (2) the managing broker has been actively practicing as a managing broker or its license equivalent in the managing broker's state or jurisdiction of licensure for a period of not less than 2 years immediately prior to the date of application; (3) the managing broker furnishes the Department with an official statement from the proper licensing authority of each state or jurisdiction in which the managing broker is licensed certifying (i) that the managing broker has an active license, (ii) that the managing broker is in good standing, and (iii) any history of discipline against the managing broker in that state or jurisdiction of licensure; (4) the managing broker passes a test on Illinois specific real estate brokerage laws; and (5) the managing broker provides proof of successful completion of a pre-license endorsement course approved by the Department. (b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions: (1) the broker holds an active broker's license or its equivalent in another state or jurisdiction; (2) the broker furnishes the Department with an official statement from the proper licensing authority of each state or jurisdiction in which the broker is licensed certifying (i) whether the broker has an active license, (ii) that the broker is in good standing, and (iii) any history of discipline against the broker in that state or jurisdiction of licensure; (3) the broker passes a test on Illinois specific real estate brokerage laws; (4) the broker provides proof of successful completion of a pre-license endorsement course approved by the Department; and (5) if the broker has been actively practicing as a broker or its license equivalent in any other state or jurisdiction for less than 2 years immediately prior to the date of application, the broker must complete the 45 hours of post-license broker education prescribed in this Act and by rule. (c) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree to abide by all the provisions of this Act with respect to managing broker's or broker's real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed in this State. (d) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department a designation in writing that appoints the Secretary to act as the managing broker's or broker's agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the Secretary shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence and shall be admitted into evidence with the same force and effect as if the original is admitted. (e) The same fees must be paid as provided in this Act for obtaining a managing broker's or broker's license in this State. (f) In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall deliver a copy of the same by regular mail or email to the mailing address or email address of record of the licensee.(Source: P.A. 103-1039, eff. 1-1-25.)
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)