Article 5 - Licensing Provisions
(225 ILCS 441/Art. 5 heading) ARTICLE 5. LICENSING PROVISIONS
(225 ILCS 441/5‑5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑5. Necessity of license; use of title; exemptions.
(a) Beginning January 1, 2003, it is unlawful for any person, including any entity, to act or assume to act as a home inspector, to engage in the business of home inspection, to develop a home inspection report, to practice as a home inspector, or to advertise or hold himself, herself, or itself out to be a home inspector without a home inspector license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor.
(b) Beginning January 1, 2003, it is unlawful for any person, other than a person who holds a valid home inspector license issued pursuant to this Act, to use the title "home inspector" or any other title, designation, or abbreviation likely to create the impression that the person is licensed as a home inspector pursuant to this Act. A person who violates this subsection is guilty of a Class A misdemeanor.
(c) The licensing requirements of this Article do not apply to:
(1) any person who is employed as a code enforcement |
| official by the State of Illinois or any unit of local government, while acting within the scope of that government employment; | |
(2) any person licensed by the State of Illinois |
| while acting within the scope of his or her license; or | |
(3) any person engaged by the owner or lessor of |
| residential real property for the purpose of preparing a bid or estimate as to the work necessary or the costs associated with performing home construction, home remodeling, or home repair work on the residential real property, provided such person does not hold himself or herself out, or advertise himself or herself, as being engaged in business as a home inspector. | |
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑10. Application for home inspector license. Every natural person who desires to obtain a home inspector license shall:
(1) apply to OBRE on forms provided by OBRE |
| accompanied by the required fee; | |
(2) be at least 21 years of age;
(3) provide evidence of having attained a high |
| school diploma or completed an equivalent course of study as determined by an examination conducted by the Illinois State Board of Education; | |
(4) personally take and pass an examination |
| |
(5) prior to taking the examination, provide |
| evidence to OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule. | |
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑12)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑12. Application for home inspector license; entity. Every entity that is not a natural person that desires to obtain a home inspector license shall apply to OBRE on forms provided by OBRE and accompanied by the required fee.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑15. Practice prior to this Act. A person who has actively and lawfully practiced as a home inspector in the State of Illinois prior to the effective date of this Act may take the examination required by subsection (4) of Section 5‑10 without having successfully completed the classroom hours required under subsection (5) of Section 5‑10, provided that he or she:
(1) is a resident of the State of Illinois;
(2) makes application to OBRE on forms provided by |
| OBRE within 6 months after the effective date of this Act; | |
(3) verifies that he or she has practiced as a home |
| inspector for a period of at least 2 years prior to the effective date of this Act; and | |
(4) verifies that he or she has conducted a minimum |
| of 200 home inspections that meet the standards established by rule within the 2 years prior to the effective date of this Act. | |
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑16)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑16. Renewal of license.
(a) The expiration date and renewal period for a home inspector license issued under this Act shall be set by rule. Except as otherwise provided in subsections (b) and (c) of this Section, the holder of a license may renew the license within 90 days preceding the expiration date by:
(1) completing and submitting to OBRE a renewal |
| application form as provided by OBRE; | |
(2) paying the required fees; and
(3) providing evidence of successful completion of |
| the continuing education requirements through courses approved by OBRE given by education providers licensed by OBRE, as established by rule. | |
(b) A home inspector whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of subparagraphs (1), (2), and (3) of subsection (a) of this Section and paying any late penalties established by rule.
(c) Notwithstanding subsection (b), a home inspector whose license under this Act has expired may renew the license without paying any lapsed renewal fees or late penalties if (i) the license expired while the home inspector was on active duty with the United States Armed Services, (ii) application for renewal is made within 2 years following the termination of the military service or related education, training, or employment, and (iii) the applicant furnishes to OBRE an affidavit that he or she was so engaged.
(d) OBRE shall provide reasonable care and due diligence to ensure that each licensee under this Act is provided a renewal application at least 90 days prior to the expiration date, but it is the responsibility of each licensee to renew his or her license prior to its expiration date.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑17)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑17. Renewal of home inspector license; entity.
(a) The expiration date and renewal period for a home inspector license for an entity that is not a natural person shall be set by rule. The holder of a license may renew the license within 90 days preceding the expiration date by completing and submitting to OBRE a renewal application form as provided by OBRE and paying the required fees.
(b) An entity that is not a natural person whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of subsection (a) of this Section and paying any late penalties established by rule.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑20. Reciprocity; consent to jurisdiction.
(a) A nonresident who holds a valid home inspector license issued to him or her by the proper licensing authority of a state, territory, possession of the United States, or the District of Columbia that has licensing requirements equal to or substantially equivalent to the requirements of the State of Illinois and otherwise meets the requirements for licensure may obtain a license without examination, provided that:
(1) OBRE has entered into a valid reciprocal |
| agreement with the proper licensing authority of the state, territory, or possession of the United States or the District of Columbia; | |
(2) the applicant provides OBRE with a certificate |
| of good standing from the applicant's licensing authority; | |
(3) the applicant completes and submits an |
| application provided by OBRE; and | |
(4) the applicant pays all applicable fees required |
| |
(b) A nonresident applicant shall file an irrevocable consent form with OBRE authorizing that actions may be commenced against the applicant or nonresident licensee in a court of competent jurisdiction in the State of Illinois by the service of summons, process, or other pleading authorized by law upon the Commissioner. The consent shall stipulate and agree that service of the summons, process, or pleading upon the Commissioner shall be taken and held in all courts to be valid and binding as if actual service had been made upon the nonresident licensee in Illinois. If a summons, process, or other pleading is served upon the Commissioner, it shall be by duplicate copies, one of which shall be retained by OBRE and the other shall be immediately forwarded by certified or registered mail to the last known address of the nonresident licensee against whom the summons, process, or other pleading is directed.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑25)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑25. Pre‑license education requirements. The prerequisite classroom hours necessary for a person to be approved to sit for the examination for a home inspector shall be established by rule.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑30. Continuing education renewal requirements. The continuing education requirements for a person to renew a license as a home inspector shall be established by rule.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |
(225 ILCS 441/5‑45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑45. Fees. OBRE shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of OBRE in administering and enforcing the provisions of this Act. OBRE may also establish rules for general fees to cover the reasonable expenses of carrying out other functions and responsibilities under this Act.
(Source: P.A. 92‑239, eff. 8‑3‑01.) |