4-6-190 Board-up company.
   (a)   Definitions. As used in this section:
   “Board-up company” means any person who, for direct or indirect compensation, does board-up work or contracts with others to do board-up work or solicits contracts for board-up work. The term “board-up company” does not include (1) employees of any person licensed under this chapter working within the scope of their employment; or (2) any public insurance adjuster licensed by the State of Illinois pursuant to the Illinois Insurance Code for work other than the performance of board-up work.
   “Board-up work” means the temporary placement of boards or other material over any opening in a building or other structure in order to protect the interior of the building or structure from damage or unauthorized entry.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of board-up company shall be accompanied by the following information:
      (1)   a description of the type of board-up work and board-up work solicitation in which the applicant will engage;
      (2)   a statement as to whether, within five years prior to the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind;
      (3)   if applicable, the name and address of the principal location from which the applicant has performed board-up work or board-up solicitation any time within five years prior to the date of application or renewal;
      (4)   proof of insurance, as required by subsection (e)(1) of this section.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of board-up company shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who, within five years of the date of application has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind, unless, upon the request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;
      (2)   any applicant whose license under Title 4 to engage in the business of board-up company has been revoked for cause at any time;
      (3)   any applicant who knowingly files false or incomplete information or signatures on any board-up company application submitted pursuant to subsection (b) of this section.
   (d)   Departmental duties.
      (1)   The provisions of this section shall be enforced by the department of business affairs and consumer protection and by the fire department.
   (e)   Legal duties. Each licensee engaged in the business of board-up company shall have a duty to:
      (1)   maintain in full force and effect at all times throughout the duration of the license period commercial general liability insurance with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection shall result in license suspension or revocation in accordance with Section 4-4-280;
      (2)   before any board-up work begins, give to the customer a written estimate of the total cost of the board-up work and any other work to be done by the board-up company. The word “estimate” shall be conspicuously placed on the document. The estimate shall be signed by the licensee or by such licensee's agent or employee and shall contain the licensee's name, business address, business telephone number and board- up company license number. Such written estimate shall state the total estimated cost of the following items: (i) parts listed with reasonable particularity and identified by a brand name or the equivalent; (ii) labor; (iii) incidental services; and (iv) charges, if any, for making such estimates;
      (3)   record on an invoice all work and services provided by the board-up company. Such invoice shall state the board-up company's name, address and board-up company license number and shall contain a detailed description of all board-up work that was done and all other work or services performed or provided by the board-up company, all parts supplied, and the exact charge for each part or service. One copy of the invoice required under this subsection (e)(3) shall be given to the customer upon completion of all work and services;
      (4)   notify the customer and obtain prior written approval before performing any work that will result in charges in excess of the amount specified in the original estimate. In no event shall a customer be required to pay more than the amount specified in the original estimate if the customer did not receive notification of, and approve in writing, any additional costs not reflected in the original estimate.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of board-up company to:
      (1)   commence board-up work without first having received written authorization to proceed from the owner, or an agent of the owner, of the building or structure that is the subject of the board-up work or from the owner's agent;
      (2)   do any of the following acts without written permission from the Chicago Fire Department's Office of Fire Investigation, if the premises that is the subject of the board-up work was damaged by fire or by an explosion and is being investigated by the Office of Fire Investigation: (i) make any physical alteration to the electrical system; or (ii) use a generator to produce electricity; or (iii) move or remove any object from within the interior of the building or structure. In no circumstances shall any electrical connection, disconnection or alteration be made to the electrical system except by a licensed electrician;
      (3)   interfere in any way with the conduct of any investigation by any governmental authority;
      (4)   represent the licensee or his agent or employee in any way to be a member of a fire department, a police department or any other governmental agency in order to solicit board-up work or to influence, persuade or induce any person to authorize the performance of board-up work;
      (5)   act as or claim to be an insurance adjuster unless licensed as such by the State of Illinois;
      (6)   enter into any unconscionable agreement or contract.
   (g)   Penalty.
      (1)   In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (h)   Rules. The commissioner of business affairs and consumer protection and the fire commissioner shall have the authority to promulgate reasonable rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 66; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 3)