2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 441/ - Home Inspector License Act. › 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(Section scheduled to be repealed on January 1, 2027)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) 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 oneself

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 for the first offense and a Class 4 felony for the second and any subsequent offenses.
(b) 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 in this State by any other     law who is engaging in the profession or occupation for which the person is licensed; 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 advertise or hold oneself out as engaged in business as a home inspector.
(d) The licensing of home inspector entities required under this Act does not apply to an entity whose ownership structure is one licensed home inspector operating a sole proprietorship, a single member limited liability company, or a single shareholder corporation, and that home inspector is the only licensed home inspector performing inspections on the entity's behalf. The licensed home inspector who is the sole proprietor, sole shareholder, or single member of the company or entity shall comply with all other provisions of this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/5-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-10. Application for home inspector license.
(a) Every natural person
who
desires to obtain a home inspector license shall:
(1) apply to the Department in a manner prescribed by     the Department and accompanied by the required fee; all applications shall contain the information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for a license to practice as a home inspector as set by rule;
(2) be at least 18 years of age;
(3) successfully complete a 4-year course of study in     a high school or secondary school or an equivalent course of study approved by the state in which the school is located, or possess a State of Illinois High School Diploma, which shall be verified under oath by the applicant;
(4) personally take and pass a written examination     authorized by the Department; and
(5) prior to taking the examination, provide evidence     to the Department that the applicant has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule.
(b) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
(1) juvenile adjudications of delinquent minors as     defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
(2) law enforcement records, court records, and     conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
(3) records of arrest not followed by a charge or     conviction;
(4) records of arrest where the charges were     dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of  denial and may be used only to assess an applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or     expunged.
(c) An applicant or licensee shall report to the Department, in a manner prescribed by the Department, upon application and within 30 days after the occurrence, if during the term of licensure, (i) any conviction of or plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude, (ii) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses, or (iii) a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(d) Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 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. 102-20, eff. 1-1-22; 102-1100, eff. 1-1-23; 103-236, eff. 1-1-24.)
(225 ILCS 441/5-12)
(Section scheduled to be repealed on January 1, 2027)
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 the Department in a manner prescribed by the Department and
accompanied by the required fee.
Applicants have 3 years after the date of the application to complete the application process. If the process has not been completed within 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.
A corporation, limited liability company, partnership, or entity shall, as a condition of licensure, designate a managing licensed home inspector.  The managing home inspector of any home inspector entity shall be responsible for the actions of all licensed and unlicensed employees, agents, and representatives of that home inspector entity while it is providing a home inspection or home inspection service.  All other requirements for home inspector entities shall be established by rule.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/5-14)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-14. Social Security Number or Individual Taxpayer Identification Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include the applicant's Social Security Number or Individual Taxpayer Identification Number.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 441/5-15)
Sec. 5-15. (Repealed).
(Source: P.A. 92-239, eff. 8-3-01. Repealed by P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-16)
(Section scheduled to be repealed on January 1, 2027)
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 the Department a     renewal application in a manner prescribed by the Department;
(2) paying the required fees; and
(3) providing evidence of successful completion of     the continuing education requirements through courses approved by the Department given by education providers licensed by the Department, 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 and without completing the continuing education requirements for that licensure period if the license expired while the home
inspector was (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State Militia, (ii) in training or education under the supervision of the United States preliminary to induction into the military service, or (iii) serving as an employee of the Department and 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 was terminated under honorable conditions.
(d) The Department 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 the
 license prior to its expiration date.
(e)    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.
(f)    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.
(g) A home inspector who notifies the Department, in a manner prescribed by the Department, may place the license on inactive status for a period not to exceed 2 years and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.
(h) A home inspector requesting that the license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements.
(i) No licensee with a nonrenewed or inactive license status shall provide home inspection services as set forth in this Act.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/5-17)
(Section scheduled to be repealed on January 1, 2027)
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 the Department a renewal
application in a manner prescribed by the Department 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.
(c)     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.
(d)     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. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
(225 ILCS 441/5-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-20. Endorsement. The Department may, in its discretion, license as a home inspector, by endorsement, on payment of the required fee, an applicant who is a home inspector licensed under the laws of another state or territory, if (i) the requirements for licensure in the state or territory in which the applicant was licensed were, at the date of licensure, substantially equivalent to the requirements in force in this State on that date or (ii) there were no requirements in force in this State on  the date of licensure and the applicant possessed individual qualifications on that date that are substantially similar to the requirements under this Act. The Department may adopt any rules necessary to implement this Section.
Applicants 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 forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/5-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-25. Pre-license education requirements. The prerequisite curriculum and
classroom hours necessary for a person to be approved to sit for the
examination for a home inspector shall be established by rule. Approved education, as prescribed by this Act and its associated administrative rules for licensure as a home inspector, shall be valid for 2 years after the date of satisfactory completion of the education.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 441/5-30)
(Section scheduled to be repealed on January 1, 2027)
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. 102-20, eff. 1-1-22.)
(225 ILCS 441/5-45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-45. Fees. The Department shall establish rules for fees to be paid by
applicants and licensees to cover the reasonable costs of the Department in administering
and enforcing the provisions of this
Act.  The Department 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. 97-226, eff. 7-28-11.)
(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.)