Section 1460.5  Definitions

 

"Act" means the Illinois Roofing Industry Licensing Act [225 ILCS 335].

 

"Board" means the Roofing Advisory Board.

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation with the authority delegated by the Secretary.

 

"Limited roofing license" means a license made available to contractors whose roofing business is limited to residential roofing, including residential properties consisting of 8 units or less.

 

"Qualifying party" means the individual filing as a sole proprietor, partner of a partnership, officer of a corporation, trustee of a business trust, or party of another legal entity, who is legally qualified to act for the business organization in all matters connected with its roofing contracting business, has the authority to supervise roofing installation operations, and is actively engaged in day to day activities of the business organization.  A qualifying party does not apply to a seller of roofing materials or services when the construction, reconstruction, alteration, maintenance, or repair of roofing or waterproofing is to be performed by a person other than the seller or the seller's employees.

 

"Roofing" means 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. Nothing shall be construed to require sheet metal, electrical, plumbing, refrigeration or mason contractors or carpenters who perform chimney repairs or install soil pipes, electrical jacks, gutters, heating and cooling vents, wood roof decks, or any other kind of roof deck or television antenna to be licensed under the Act.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

"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.

 

(Source:  Amended at 38 Ill. Reg. 7910, effective March 25, 2014)

 

Section 1460.10  Application for a Roofing License  

 

a)         Applications for a roofing license under the Act shall be submitted to the Division on forms provided by the Division, along with the following documentation:

 

1)         Limited roofing license applicants must submit the following:

 

A)        Proof of liability insurance acceptable to the Division as specified in Section 1460.20.  Proof shall be a Certificate of Insurance;

 

B)        Either:

 

i)          Proof that the applicant has obtained Workers' Compensation Insurance or that the applicant is an approved self-insurer of Workers' Compensation. Proof shall be either the Certificate of Insurance from the insurance provider or the Certificate of Approval as a Self-Insurer issued by the Illinois Workers' Compensation Commission; or

 

ii)         Certifying statement that the applicant has no employees.  If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of Workers' Compensation Insurance or Illinois Unemployment Insurance.

 

C)        Proof that the applicant has obtained an unemployment insurance employer account number issued by the Illinois Department of Employment Security and that he or she is not delinquent in the payment of any amount due under the Unemployment Insurance Act.  Proof shall be a copy of the quarterly report issued to the applicant by the Department of Employment Security;

 

D)        Proof of a bond in the amount of $10,000 pursuant to Section 1460.30; 

 

E)        Designation of a qualifying party; and

 

F)         The required fee set forth in Section 1460.80.

 

2)         Unlimited roofing license applicants must submit the following:

 

A)        Proof of liability insurance acceptable to the Division as specified in Section 1460.20.  Proof shall be a Certificate of Insurance;

 

B)        Either:

 

i)          Proof that the applicant has obtained Workers' Compensation Insurance or that the applicant is an approved self-insurer of Workers' Compensation.  Proof shall be either the Certificate of Insurance from the insurance provider or the Certificate of Approval as a Self-Insurer issued by the Illinois Workers' Compensation Commission; or

 

ii)         Certifying statement that the applicant has no employees.  If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of Workers' Compensation Insurance or Illinois Unemployment Insurance;

 

C)        Proof that the applicant has obtained an unemployment insurance employer account number issued by the Illinois Department of Employment Security and that he or she is not delinquent in the payment of any amount due under the Unemployment Insurance Act.  Proof shall be a copy of the quarterly report issued to the applicant by the Department of Employment Security;

 

D)        Proof of a bond in the amount of $25,000 pursuant to Section 1460.30;

 

E)        Designation of a qualifying party; and

 

F)         The required fee set forth in Section 1460.80.

 

b)         Any applicant for a limited or unlimited roofing license that is a partnership, corporation, business trust, or other legal entity shall provide the following information with the application:

 

1)         For Corporations:

 

A)        The name of the corporation and its business address, and the names of all members of the board of directors and officers;

 

B)        A copy of the Articles of Incorporation bearing the seal of the office, in the jurisdiction in which the corporation is organized, whose duty it is to register corporations under the laws of that jurisdiction.  If it is a foreign corporation, a copy of the certificate of authority to transact business in this State issued by the Secretary of State is also required; and 

 

C)        A copy of the authority to transact business under the Assumed Business Name Act [805 ILCS 405] issued by the Secretary of State for any assumed names of the corporation, if applicable.

 

2)         For Partnerships:

 

A)        A copy of the signed and dated partnership agreement, the name of the partnership and its business address, and the names of all general partners; and

 

B)        A letter or certificate from the county clerk where an assumed name has been filed, if applicable.

 

3)         For Limited Liability Companies or Limited Liability Partnerships:

 

A)        The name of the limited liability company or partnership, the business address and the members/partners of the company/ partnership; and

 

B)        A copy of the authority to transact business under the Assumed Business Name Act issued by the Secretary of State for any assumed names of the limited liability company or partnership, if applicable.

 

4)         For Sole Proprietorships with an Assumed Name:  A letter or certificate from the county clerk where an assumed name has been filed.

 

c)         No roofing license will be issued to any applicant without a designated qualifying party who has passed the examination set forth in Section 1460.12.

 

d)         A holder of a limited license who wants an unlimited license will be required to submit an application for an unlimited license in accordance with subsection (a)(2).

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.11  Qualifying Party

 

a)         All licensees shall have a designated qualifying party. 

 

b)         At renewal, all licensees will be required to designate a qualifying party.  If a qualifying party was designated as a licensee's qualifying party on or before July 1, 2003, the qualifying party will not be required to take and pass the examination set forth in Section 1460.12.  The licensee will be required to restore his or her license in accordance with Section 1460.50 if, at any time thereafter, one of the following occurs:

 

1)         A licensee allows his or her license to lapse;

 

2)         The qualifying party who was designated on or before July 1, 2003 terminates his or her designation as the licensee's qualifying party;

 

3)         The qualifying party's status as the qualifying party is terminated by the licensee; or

 

4)         The qualifying party's designation is terminated by the Division.

 

c)         No person shall be named as a qualifying party for more than one licensee.  However, the person may act in the capacity of the qualifying party for one additional licensee of the same type of licensure if one of the following conditions exists:

 

1)         There is a common ownership of at least 25% of each licensed entity for which the person acts as a qualifying party; 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 of which at least 25% is owned by another licensee.

 

d)         When a qualifying party is terminated or is terminating his or her status as a qualifying party of a licensee, the qualifying party and the licensee shall notify the Division in writing of the termination within 30 business days.

 

e)         The licensee shall notify the Division in writing within 30 business days after the termination of a qualifying party and shall supply the name and address of the newly designated qualifying party.  If the qualifying party has not taken and passed the examination set forth in Section 1460.12, or the party to be named was not named as a qualifying party on or before July 1, 2003 by some licensee, the new qualifying party shall apply for examination pursuant Section 1460.12.  The qualifying party will have 7 months to pass the examination.  If the qualifying party has not passed the examination in the 7 months, the licensee shall designate a qualifying party who has passed the examination.

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.12   Examination for Qualifying Party

 

a)         An applicant for examination as a qualifying party shall file an application with the Division, or its designated testing service, on forms provided by the Division, and shall include any fee covering the cost of providing the examination.  The application shall be submitted 60 days prior to examination, and shall include the name and license number of the roofing business for which he or she is the designated qualifying party, if applicable.

 

b)         Examination Information

 

1)         The Division shall administer 3 examinations:

 

A)        Illinois Residential Roofing;

 

B)        Illinois Commercial and Industrial Roofing; and

 

C)        Illinois Residential, Commercial and Industrial Roofing.

 

2)         The examinations shall be administered a minimum of 4 times a year.

 

3)         An individual who has passed the Illinois Residential Roofing Examination who wants to be a qualifying party for an unlimited roofing contractor shall be required to take and pass the Illinois Commercial and Industrial Roofing Examination.

 

c)         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 Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

d)         An applicant shall be required to complete the examination process within 3 years from date of application or the fee will be forfeited, and the applicant will be required to submit a new application and meet the requirements in effect at the time of reapplication.

 

(Source:  Amended at 38 Ill. Reg. 7910, effective March 25, 2014)

 

Section 1460.20  Liability Insurance Requirements

 

a)         Each applicant for a certification as a roofing contractor shall obtain, and maintain for the duration of such certification, public liability and property damage insurance in the minimum amount and form specified below:

 

1)         $250,000 for each occurrence of property damage; and

 

2)         $500,000 for each occurrence of personal injury or bodily harm.

 

b)         This policy shall provide that it cannot be cancelled except upon written notification to the Division at least 30 days prior to the date of cancellation.

 

(Source:  Amended at 38 Ill. Reg. 7910, effective March 25, 2014)

 

Section 1460.30  Bonding Requirements

 

a)         Each applicant for a limited roofing license shall obtain, and maintain in force for the duration of the license, a continuous surety bond in the minimum amount of $10,000.  Each applicant for an unlimited roofing license shall obtain, and maintain in force for the duration of the license, a continuous surety bond in the minimum amount of $25,000.  The bond shall be issued by an insurance company authorized to transact fidelity and surety business in the State of Illinois and shall be for the performance of all work undertaken by the applicant in the course of the applicant's roofing contracting business and for the payment of damages during the course of that work that may be sustained by reason of negligence, misconduct, or violation of any laws, ordinances, rules, regulations or building codes governing the work.

 

b)         The bond shall be executed on a form provided by the Division or the bond provider.

 

c)         The bond shall state that it cannot be cancelled except upon written notification to the Division at least 60 days prior to the date of cancellation.

 

(Source:  Amended at 38 Ill. Reg. 7910, effective March 25, 2014)

 

Section 1460.40  Renewals

 

Each limited or unlimited roofing license shall expire on December 31 of odd-numbered years and must be renewed prior to that date.  Each application for renewal of a limited or unlimited roofing license shall be made on forms provided by the Division and shall be accompanied by:

 

a)         A certifying statement that the holder of the license  continues to comply with the requirements for insurance and bonding;

 

b)         The required fee set forth in Section 1460.80; and

 

c)         The name of the designated qualifying party.

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.50  Restoration

 

a)         An applicant seeking restoration of a limited or unlimited roofing license that has expired or has been placed on inactive status for 5 years or less shall have the license restored upon filing an application, on forms supplied by the Division, together with payment of all lapsed renewal fees and shall include the following:

 

1)         Designation as either a limited or unlimited roofing contractor;

 

2)         Proof of insurance as required in Section 1460.20;

 

3)         Proof of continuous surety bond as required in Section 1460.30;

 

4)         The name of the designated qualifying party who has passed the examination set forth in Section 1460.12, except that those individuals who were designated as a qualifying party on or before July 1, 2003 are not required to take the examinations so long as the qualifying party is the same individual who was the designated qualifying party in 2003 for the applicant seeking restoration; and

 

5)         The required fee set forth in Section 1460.80.

 

b)         An applicant seeking restoration of a limited or unlimited roofing license that has expired or has been placed on inactive status for more than 5 years shall have the license restored upon filing an application, on forms supplied by the Division, together with all lapsed renewal fees and shall include the following:

 

1)         Designation as either a limited or unlimited roofing contractor;

 

2)         Proof of insurance as required in Section 1460.20;

 

3)         Proof of continuous surety bond as required in Section 1460.30;

 

4)         The name of the designated qualifying party who has passed the appropriate examination set forth in Section 1460.12(b), except that those individuals who were designated as a qualifying party on or before July 1, 2003 are not required to take the examinations so long as the designated qualifying party is the same individual who was the designated qualifying party in 2003 for the applicant seeking restoration;

 

5)         The required fee set forth in Section 1460.80; and

 

6)         One of the following, which also applies to individuals who were designated as a qualifying party on or before July 1, 2003:

 

A)        Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the applicant was authorized to practice during the term of active practice; or

 

B)        An affidavit attesting to military service as provided in Section 60 of the Act; or

 

C)        Testing/Experience

 

i)          Except as otherwise provided in subsection (b)(6)(C)(ii), proof of passage of one of the following examinations appropriate for the type of license being restored:

 

●          The Illinois Residential Roofing;

 

●          The Illinois Commercial and Industrial Roofing; and

 

●          The Illinois Residential, Commercial and Industrial Roofing; or

 

ii)         In lieu of submission of an examination referenced in subsection (b)(6)(C)(i), the person seeking restoration may submit proof of 6 months of lawful practice under the supervision of a licensed roofer.  That practice shall be under a licensed roofer holding the same type of license, meaning unlimited or limited, as the person seeking restoration.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of a lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking restoration of a license shall be requested to provide information as may be necessary.

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.60  Cancellation of License  

 

a)         A limited or unlimited roofing license shall be cancelled, without hearing, by the Division upon proof that the holder of the license has failed to maintain the insurance or bonding requirements.  Proof shall be notice by the insurance company to the Division of insurance or bond cancellation.

 

b)         The holder of a cancelled license shall have the license reissued upon application to the Division, on forms provided by the Division, and upon proof that he/she has satisfied all insurance and bond requirements.

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.70  Definition of Roofing (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 14347, effective August 25, 2003)

 

Section 1460.75  Citations

 

a)         Pursuant to Section 11.10 of the Act, the Division may issue citations for:

 

1)         Unlicensed practice as set forth in Section 10a of the Act, including practicing on a nonrenewed license;

 

2)         Use of a license to permit or enable an unlicensed person to provide roofing contractor services as set forth in Section 9.1(1)(gg) of the Act;

 

3)         Aiding or assisting another person in violating any provision of the Act or this Part as set forth in Section 9.1(f) of the Act; or

 

4)         Substandard work under Section 9.1 of the Act.

 

b)         The citation will state:

 

1)         The cited person's name and address;

 

2)         The cited person's license number, if any;

 

3)         A brief factual statement;

 

4)         The Sections of the Act or rules allegedly violated; and

 

5)         The fine or civil penalty imposed, which shall be as follows:

 

A)        The civil penalty for unlicensed practice is $200 per violation and $400 per subsequent violations occurring within 12 months;

 

B)        The fine for aiding and abetting unlicensed practice is $100 per violation and $200 per subsequent violations occurring within 12 months;

 

C)        The fine for substandard work under Section 9.1 of the Act is $100 per violation.

 

c)         A citation will be:

 

1)         Issued within 6 months after the reporting of a violation that is the basis for the citation; and

 

2)         Sent to the licensee at the licensee's address of record or email address of record, sent to an unlicensed person at his or her last known address or last known email address, or served via personal service.

 

d)         If a cited person wishes to dispute the citation, the cited person may request in writing, within 30 days after the citation is served, a hearing before the Division.  If the cited person requests a hearing within 30 days after the citation is served, the Division will afford the cited person a hearing conducted in the same manner as a hearing provided for in the Act and will determine whether the cited person committed the violation as charged and whether the fine or civil penalty as levied is warranted.

 

e)         If the cited person does not request a hearing within 30 days after the citation is served, then the citation will become a final order and will constitute discipline and any fine or civil penalty imposed is due and payable.

 

f)         Nothing in this Section limits the authority of the Division to take disciplinary action under the Act.  Post-citation failure to correct the violation or a continuing violation will subject the cited person to further action by the Division, as authorized by the Act.

 

(Source:  Added at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.80  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for an unlimited or limited roofing license is $125.

 

2)         Applicants for an examination shall be required to pay, either to the Division or to 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 Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

b)         Renewal Fees

The fee for the renewal of an unlimited or limited license will be calculated at the rate of $62.50 per year.

 

c)         General Fees

 

1)         The fee for the restoration of a non-renewed license is $50 plus payment of all lapsed renewal fees, not to exceed $375.

 

2)         The fee for the issuance of a duplicate/replacement license issued for a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for certification of a licensee's record for any purpose is $20.

 

4)         The fee for a wall certificate showing licensure will be the actual cost of producing the certificate.

 

5)         The fee for a roster of licensees will be the actual cost of producing the roster.

 

(Source:  Amended at 45 Ill. Reg. 3009, effective March 12, 2021)

 

Section 1460.90  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases where he or she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of the variance and the reasons for the variance at the next meeting of the Board.

 

(Source:  Amended at 38 Ill. Reg. 7910, effective March 25, 2014)