Illinois Roofing Licensing. Worker Classifications. Jan. 17,

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1 Illinois Roofing Licensing Law & Building Codes Worker Classifications Jan. 17,

2 Outline Welcome CRCA Steep & Shingle Committee What s Illinois Roofing Licensing Law The Details make the Difference Why does it make sense? Enforcement Locally Means? Building Codes.little

3 CRCA One of the Oldest USA Trade Associations Formed as City was rebuilt after 1871 Great Chicago Fire

4 Why Join CRCA? Roofing Contractors & Industry Associates CRCA.org Listing Source for Info Active Committees Get involved Advocacy legislative representation at state level Information, Education Code& Technology Membership Means Relationships Industry Associates Contractors

5 CRCA s Steep & Shingle Committee Results ICC Code Chapter & Administrator Presentations ICC Code Development Proposals Industry Discussions Goals E Z On Line Permit Applications Code Enforcement Consistency Signed Consumer Bill of Rights

6 Presenters Jim Peterson & Michael Prate, CRCA Steep & Shingle Committee Margaret Vaughn, MA Legislative Consultant to CRCA Robert Ruiz, Insurance Compliance Division IL Workers Compensation Commission i

7 CRCA Always a Leader in Building Owner / CONSUMER Protection

8 Then in 1985

9 CRCA descends on IL StateCapitol to Propose the CRCA descends on IL State Capitol to Propose the IL Roofing Industry Licensing Act and has been advocating ever since to raise professionalism and protect consumers

10 Created Company Licensure through Division of IL Division Professional Regulation (IDPR) Definitions to Roofing to construct, reconstruct, alter, maintain and use materials and items used in the construction, reconstruction, ti alteration ti 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, heatingandcoolingand vents, wood decks or any other kind of roof deck or television antenna to be licensed under the Act

11 Law Licenses Roofing Contractor Companies, Not Individual Roofers (except Sole Proprietors) Definitions 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 allkinds of roofingand waterproofing as related to roofing, all in such manner to comply with all plans, specifications, codes, laws, and regulations applicable thereto, t but does not include such contractor's t employees to the extent the requirements of Section 3 of this Act apply and extend to such employees

12 Exam Requirement Added in 2000

13 Exam Requirement Added Qualify Party (or test taker ) to law Qualifying Party means theindividual 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 i in all matters connected with ihits roofing contracting business, has the authority to supervise roofing installation operations, and is actively engaged in day to day activitiesof the business organization.

14 Every Roofing Contractor Must Have A Qualifying lf Party What if Qualifying Party leaves? If Qualifying Party status is terminated DPR must in be notified 30 days and NEW Qualifying Party named NEW Qualifying Party must pass the IL Roofing QP exam within 7 months Can someone act as a qualifying party for more than 1 company? May act as qualifying party for one additional licensee if there is common ownership of at least 25% between the two companies

15 Limited vs. Unlimited License? Limited roofinglicense" means a license made available to contractors whose roofing business is limited to roofing residential properties consisting of 8 units or less. Limited Exam consists of technical aspects of residential roofing. $10,000 Bond "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. Unlimited Exam consists of technical aspects of residential, commercial and industrial roofing. $25,000 Bond

16 Limited vs. Unlimited Permits (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 that he or she is licensed currently 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.

17 Proof of IL Roofing License IL Licensing Law Permits at Jurisdictions BOTH 105XXX and 104XXX number 104XXX Registration Number for Company 105XXX Qualifying Party on License QP passing test alone is not a licensed contractor Contractor COMPANY gets License, Exception, Sole Proprietorship

18 State Roofing Contractor License Requirements 1. Must have obtained public liability and property damage insurance; 2. Workers Compensation Insurance covering his employees or is approved as a self insurer of Workers Comp in accordance with Illinois Law; 3. Must have Illinois Unemployment Insurance EIN #; 4. $10,000 Bonded for Limited or $25,000 Bond for Unlimited; 5. Qualifying Party Passed Exam.

19 Where does roofing contractor have to list state license #? E hst t li d fi t t Each State licensed roofing contractor shall affix the roofing contractor license number and the licensee's name, as it appears on the license, to all of his or her contracts and bids

20 Advertising It is unlawful lfor any person to engage in the business or act in the capacity of or hold himself or herselfoutinanymannerasa as a roofingcontractor without having been duly licensed under the provisions of this Act. 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

21 Advertising Advertising is. Truck & Yard Signs Proposals Stationery Business Cards Website Listings BlueBook, Book, Yellow Pages, BBB, etc. Ads must have

22 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 hllbe subject to a $250 civil penalty. This Section may be enforced by local code enforcement officials employed by unitsof local government as it relates to roofingwork being performed within the boundaries of their jurisdiction. *If th ll d i l ti h b t d i t th d t f *If the alleged violation has been corrected prior to or on the date of the hearing scheduled to adjudicate the alleged violation, it shall be dismissed.

23 Where does building official have to list state license #? The official issuing building permits shall affix the roofing contractor license number to each application for a building permit and on each building permit.

24 VIOLATIONS OF ROOFING ACT PENALTIES AND FINES Grounds for disciplinary action. The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, i with ihregard to any license for any one or combination of the following causes:

25 Highlights of some of the 31 violations Advertising in anymanner which is false, misleading or deceptive Violating Consumer Fraud and Deceptive Business Act Allowing the use of his or her roofing license by an unlicensed roofing contractor for the purposes of providing roofing or waterproofing services Or aiding or assisting another person in violating this Act.

26 What if someone steals your license #?

27 Identity Theft A person who knowingly, gy, in the ecourse of applying for a building permit with a unit of local government, provides the roofing license number or name of a roofing contractor whom he or she does not intend to have perform the work on the roofing portion of the project commits identity theft under paragraph (8) of subsection (a) () of Section of the Criminal Code of 1961 Punishable as Class 3 4 Felony depending on past record and value of permit

28 Identity Theft Ramifications Class 3 4 Felony Range of Punishment, depending on past record and value of permit Discipline up to 2.5yrs. Probation to 10 yrs. Jail. Fines

29 What to do if Identity Theft Victim? Work with building department official and property owner to file police report Contact CRCA with questions regarding law. Show officer copy of Roofing Atb Act, building permit application, pictures of job site, etc, or any other evidence. Determine if identity was stolen or loaned out by a willing contractor If loaned out by licensed contractor to unlicensed contractor, contractor subject to fines, loss of license and must be reported to IDFPR.

30 Government Issued ID Law Effective August 2012 Building permit applicant must present government issued photo ID to building official and ID# and name must be retained in permitfile XXXXXXXXXXX Put in law as a deterrent to Identity Theft and to create paper trail in case it happens

31 How to file a Complaint with IDPR Google Illinois Division of Professional Regulation select File A Complaint, lower right corner, home page Complaints IDFPR Website bi. Complaint li Forms How to find

32 Complaints IL Licensing Violations & Penalties NTE $10, Grounds for Disciplinary Action at Discretion of Dept. Drugs, Alcohol, Safety for Qualifying Party Discipline by US Jurisdiction. Taking $ for no services Violating a probation of IDFPR Fraudulent Application Practicing under wrong name Gross & Willful overcharging Failure to file Tax Return Taking Advantage of customer. Several more

33 State Roofing Advisory Board 5 Licensed Roofing Contractors 1 Licensed Roofing Contractor Representing Home Builders 1 Public Member Acts as a Grievance Board

34 CRCA Welcomes Wl Robert Ruiz, Manager, Insurance Compliance Unit, IL Workers Compensation Commission Worker Misclassifications Employeesp y Independent Contractors

35 What if Visited by OSHA? IDFPR, IDES, IDOL, IDOR OSHA, & Independent Contractors OSHA Visits Jobsite If Contractor subcontracts, sub must be IL Licensed. OSHA asks More. 1. Are you an Employee? 2. Not Employee? If independent contractor, provide IL Roofing Contractors License. 3. If no IL License, OSHA reports to IL Dept. of Labor

36 What if Visited by OSHA? IDFPR & Independent Contractors OSHA Visits Jobsite If Contractor subcontracts, sub must be IL Licensed. OSHA asks 1. Are you an Employee? 2. Not temployee??if independent d contractor, t provide IL Roofing Contractors License. 3. If no IL License, OSHA reports to IL Dept. of Labor

37 Why Licensing?? Key Points Raise level of professionalism in roofing Help contractors and our own industry, which results in community benefit.

38 Building Codes New & Existing Building Code Requirements CRCA Submission to ICC CRCA Submission to ICC Ice Barrier Under Eave Metal Edges onto Fascia Greater than 8 / 12 SLOPES

39 Building Codes New & Existing Building Code Requirements Ventilation Check the attic.. Drainage Adequate? Insulation PERMITS AFTER Jan. 1, 2013 Steep R 38 in IECC 2009; IECC 2012.R48 Low Slope R 20, going to R 25 in IECC 2012 What Codes? IECC, IRC, IBC, IFC new IGCC

40 Why CRCA Member Contractors? A Professional Licensed CRCA Roofing Contractor has A Culture of Safety Experience with materials, systems, scope Expertise Education Involved in Industry

41 Roofing Contractor Licensing i CRCA Members One Call, Single Source Responsibility

42 'Roofing Licensing Laws' Outline Who is CRCA? CRCA Steep & Shingle Committee What s Illinois Roofing Licensing Law The Details make the Difference Why does it make sense? Enforcement Locally Means? Overview of Building Codes

43 Illinois Roofing Licensing Law & Building Codes Worker Classifications Jan. 17,