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(a) Definitions. As used in this section:
“Home repair” means fixing, replacing, altering, converting, modernizing, improving or making an addition to any real property primarily designed or used as a residence. The term “home repair” includes the construction, installation, replacement or improvement of driveways, swimming pools, porches, kitchens, bathrooms, basements, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, roofs, awnings and other improvements to structures within a residence or upon the land adjacent thereto. The term “home repair” does not include (i) the sale, installation, cleaning or repair of carpets; (ii) the sale of goods or materials by a merchant who does not, directly or through a subsidiary, perform any work or labor in connection with the installation or application of the goods and materials; (iii) the repair, installation, replacement or connection of any home appliance, including, but not limited to, disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other appliances when the persons replacing, installing, repairing or connecting such home appliance are employees or agents of the merchant that sold the home appliance; (iv) television repair; or (v) landscaping.
“Residence” means any building or portion of a building used or intended to be used as a dwelling unit. The provisions of this chapter shall not apply to original construction of a residence.
(b) Exemptions. The requirements of this section shall not apply to (1) persons who perform home repairs to their own property; or (2) individuals who are employees of persons licensed under this section when such individual is working within the scope of their employment; or (3) except as otherwise provided in Section 4-36-120(G), persons holding a valid general contractor's license under Chapter 4-36 of this Code.
(c) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, or renewal of, a regulated business license to engage in the business of home repair shall be accompanied by the following information:
(1) a description of the type of home repair or improvement in which the applicant will engage;
(2) a statement indicating whether there are any outstanding judgments against the applicant; and if so, the amount of such judgment, the case number and the court rendering such judgment;
(3) a statement listing the name and address of the principal location from which the applicant has performed home repair at any time within the last five years;
(4) proof of commercial general liability insurance, as required under subsection (d)(1) of this section;
(d) Legal duties. Any licensee engaged in the business of home repair shall have a duty to:
(1) obtain 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 subsection shall: (i) be issued by an insurer authorized to insure in the State of 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. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. 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 may result in license suspension or revocation in accordance with Section 4-4-280;
(2) print the licensee's license number legibly on the front page of every contract or estimate for home repair and upon every application for a building permit. In addition, the license number shall appear in any advertisement placed by or on behalf of a home repair contractor. The licensee shall also affix his license number and the licensee's name on all vehicles used in the course of his business as a home repair contractor;
(3) furnish to the licensee's home repair customer a written estimate of repairs, which shall state the total estimated cost of: (i) parts listed with reasonable particularity and identified by brand name or equivalent; (ii) labor; (iii) incidental services; and (iv) charges, if any, for making such estimates;
(4) give to the licensee's customer a signed copy of the written estimate with the word “estimate” conspicuously placed thereon. Such estimate shall include the licensee's name and business address. No person engaged in the business of making home repairs shall demand a waiver of any customer's rights herein enumerated as a precondition to acceptance of repair work;
(5) record on an invoice all home repair work performed by the licensee. Such invoice shall include the licensee's name and address and shall describe in detail all services or work performed and all parts supplied and the exact charge for each part or service. One copy of such invoice shall be given to the customer upon completion of the home repair;
(6) notify the customer and obtain prior approval before performing any work that would 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 additional costs not reflected in the original estimate.
(e) Prohibited acts. It shall be unlawful for any licensee engaged in the business of home repair to:
(1) demand a waiver of any customer's rights as a precondition to acceptance of repair work;
(2) knowingly charge for any service which was not actually performed in making a home repair, or knowingly misinform a customer about what is wrong with an item that is subject to repair, or fraudulently substitute parts when such substitution has no relation to repair of an item or service on an item;
(3) make repairs or charge for repairs before obtaining a signed work order or providing an estimate for such repairs;
(4) fail to disclose, prior to preparing any estimate, any service charge or minimum charge that will apply in connection with the preparation of such estimate;
(5) knowingly allow any other person to use the licensee's name or license identification on a building permit application if such licensee will not be performing the work which the permit application states the licensee will perform unless the permit application has been amended to (i) remove the licensee's name or license identification; and (ii) insert the name of the licensee who will perform the work. Any person who violates any provision of this subsection shall be subject to a fine of $1,000.00 for the first offense; a fine of $1,500.00 and a 90-day license suspension for the second offense; and a fine of $2,000.00 and license revocation for the third and any subsequent offense.
(f) Penalty. Except as otherwise provided in this section, and 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 fined not less than $500.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(g) Private right of action. Any person aggrieved by any violation of this section or any rule or regulation promulgated thereunder may bring an action in an appropriate court against any person subject to this section, for injunction against the violation or for such other or additional relief as may be appropriate to deter, prevent or compensate for the violation. It is the express intention of the city council that remedies for violation of this ordinance shall be cumulative.
(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, § 74; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 7; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 7)