2013 -- S 0100

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LC00376

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS

     Introduced By: Senators Lombardi, Jabour, Archambault, DiPalma, and Ciccone

     Date Introduced: January 22, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-6-1, 5-6-2, 5-6-8, 5-6-10, 5-6-10.1, 5-6-13, 5-6-19, 5-6-24 and 5-

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6-32 of the General Laws in Chapter 5-6 entitled "Electricians" are hereby amended to read as

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follows:

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     5-6-1. Definitions. -- For purposes of this chapter:

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      (1) "Electrical contractor" means a corporation, firm or person, who, by the employment

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of journeypersons, performs the work of installing and maintaining wires, conduits, apparatus,

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fixtures, and other appliances for carrying or using electricity for light, heat or power purposes

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exclusive of low voltage wiring for heating or refrigeration equipment for service, maintenance,

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and installation.

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      (2) "Electrical sign contractor" means a corporation, firm, or person who, by the

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employment of electrical sign installers, performs the work of installing, altering, and servicing

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electrical signs.

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      (3) "Electrical sign installer" means a person engaged in installing, altering, and

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servicing electrical signs.

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      (4) "Fire alarm contractor" means a corporation, firm, or person who, by the employment

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of fire alarm installers, performs the work of installing, altering and servicing and testing of fire

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alarm systems in accordance with the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of

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title 23.

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      (5) "Fire alarm installation" means the installation or alteration of a fire alarm system

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according to the Rhode Island Fire Safety Code.

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      (6) "Fire alarm installer" means a person engaged in installing, altering, or servicing and

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testing of a fire alarm system used for the purpose of causing an alarm to be sounded in case of

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fire.

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      (7) "Journeyperson electrician" means a person doing any work of installing wires,

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conduits, apparatus, fixtures, and other appliances.

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      (8) "Lightning protection contractor" means a corporation, firm or person, who by

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employment of lightning protection installers, performs the work of installing, altering,

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maintaining, lightning protection systems. The "systems" are defined and should be installed in

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accordance with NFPA 780 current edition, and all referenced NFPA documents.

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      (9) "Lightning protection installer" means a person engaged in the installation, service or

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maintenance of a lightning protection system according to NFPA 780 current edition.

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      (10) "Oil burner contractor" means a corporation, firm, or person, who by the

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employment of oil burnerpersons performs the work of installing and servicing oil and domestic

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automatic coal burning heating equipment, including central heating plants, and domestic type

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range burners, and including all accessory equipment and control systems, excluding

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thermostatic, mechanical, and low voltage wiring on heating, ventilating and air conditioning

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equipment.

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      (11) "Oil burnerperson" means a person doing any work or installing or servicing oil

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burners and other equipment installed and serviced by an oil burner contractor.

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     5-6-2. Work for which license required. -- (a) (1) No person, firm, or corporation shall

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enter into, engage in, solicit, advertise, bid for, or work at the business of installing wires,

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conduits, apparatus, fixtures, electrical signs, lightning protection equipment as defined in section

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5-6-1, and other appliances and maintenance work for carrying or using or generating electricity

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for light, heat, fire alarms, as defined in chapter 28.25 of title 23, entitled "Fire Alarm Systems",

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or power purposes, exclusive of low voltage wiring for heating/refrigeration equipment, or work

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at the business of removing and reattaching existing electrical meters, unless that person, firm, or

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corporation shall have received a license and a certificate for the business, issued by the state

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board of examiners of electricians of the division of professional regulation of the department of

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labor and training in accordance with the provisions set forth in this chapter.

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      (2) That person shall carry this license on his or her person at all times while so engaged,

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and shall affix his or her contractor's license number to any advertisement and/or contract he or

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she executes and/or to any bid he or she files with any consumer for his or her professional

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services and to any applicable permit required for the performance of those services.

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      (b) Any person, firm or corporation which is required to apply for a permit from a local

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building official for any work required to be performed by a person licensed under the provisions

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of this chapter shall cause the work to be performed by a person licensed under the provisions of

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this chapter; provided, that the provisions of this section, except the provision regarding removing

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and reattaching existing electrical meters, shall not apply to owner-occupied single family homes.

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     5-6-8. Contractor's certificates/licenses. -- (a) Electrical contractor's license. -

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Certificate A shall be issued to any person, firm or corporation, qualified under this chapter,

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engaging in, or about to engage in, the business of installing and maintaining electrical wires,

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conduits, apparatus, fixtures, fire alarm and safety communication systems and other electrical

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appliances, excluding low voltage wiring for heating, ventilating and air conditioning equipment.

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The certificate shall specify the name of the person, firm, or corporation applying and the name of

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the person, who in the case of a firm is one of its members, and in the case of a corporation, one

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of its officers, passing the examination, by which he or she or it is authorized to enter upon or

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engage in business as prescribed in the certificate. The holding of a Certificate A does not entitle

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the holder individually to engage in or perform the actual work of installing electric wires,

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conduits, and appliances as previously described in this chapter, but entitles him or her to conduct

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business as an electrical contractor.

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      (b) Oil burner contractor's license. - A Certificate E shall be issued to any person, firm,

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or corporation qualified under this chapter, and engaged in, or about to engage in, the business of

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an oil burner contractor, as defined in section 5-6-1. The certificate shall specify the name of the

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person, firm, or corporation applying and the name of the person who, in the case of a firm is one

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of its members, and in the case of a corporation one of its officers, passing the examination, by

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which he or she or it is authorized to enter upon or engage in business as prescribed in the

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certificate. The holding of a Certificate E does not entitle the holder individually to engage in or

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perform any work on, or in connection with electric wires, conduits, and appliances as previously

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described in this chapter, but entitles the holder to contract to do that work to the extent permitted

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in this chapter, through the employment of oil burnerpersons holding a Certificate F. An oil

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burner contractor who is the holder of a Certificate A is not required to obtain a Certificate E.

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      (c) Fire alarm contractor's license. - A Certificate AF shall be issued to any person, firm,

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or corporation qualified under this chapter, and engaged in or about to engage in the business of a

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fire alarm contractor, as defined in section 5-6-1. The certificate shall specify the name of the

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person, firm, or corporation applying and the person who, in the case of a firm is one of its

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members, and in the case of a corporation one of its officers, passing the examination, by which

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he or she or it is authorized to enter upon or engage in business as prescribed in the certificate.

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The holding of a Certificate AF does not entitle the holder individually to engage in or perform

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and work on, or in connection with, electric wires, fire alarm wires, conduits, and appliances as

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previously described in this chapter, but entitles the holder to contract to do that work to the

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extent permitted in this chapter through the employment of fire alarm installers holding a

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Certificate BF. A contractor who is the holder of a Certificate A is not required to obtain a

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Certificate BF.

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      (d) Electrical sign contractor's license. - A Certificate SCF shall be issued to any person,

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firm, or corporation qualified under this chapter, and engaged in or about to engage in the

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business of electrical sign installations, as defined in section 5-6-1.

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      (e) Lightning protection contractor. - A Certificate LPC shall be issued to any person,

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firm or corporation qualified under this chapter and engaged in or about to engage in the business

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of lightning protection contractor, as defined in section 5-6-1. The Certificate LPC shall specify

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the name of the person, firm or corporation applying and the person who in the case of a firm, is

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one of its members, and in the case of a corporation, one of its officers, passing the examination

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by, which he or she or it is authorized to enter upon or engage in business as prescribed in the

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certificate. The holding of a Certificate LPC does not entitle the holder individually to engage in

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or perform and work on, or in connection with the installation of lightning protection equipment

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as defined in section 5-6-1, unless that individual also holds a Certificate LPI, but entitles the

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holder to contract to do that work to the extent permitted in this chapter through the employment

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of lightning protection installers holding a Certificate LPI.

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     5-6-10. Limited premises certificate/license. -- A Certificate C shall be issued to the

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department of transportation, state airport corporation and manufacturing and industrial firms that

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regularly employ one or more Class B or M electricians for installation and when the work

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performed by those individuals is limited to maintenance and repair of electrical wiring, devices,

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appliances, and equipment on the premises owned or occupied by the applicant. The application

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must be made by a responsible officer of the firm and contains a description of the premises

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within which work is to be done under the permit. All work must meet electrical and municipal

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codes and must be permitted accordingly by the municipality.

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     5-6-10.1. Limited maintenance license. -- A Certificate D shall be issued to

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municipalities, schools, hospitals, colleges, or other non-manufacturing firms or establishments

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who regularly employ one or more licensed electricians (journeyperson/Class B or Class M)

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when the work performed by those individuals is limited to the maintenance of electrical wiring,

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devices, appliances, and equipment on the premises owned or occupied by the applicant. The

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applicant mustcontain a description of the premises within which work is to be done under the

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permit. All work must meet electrical and municipal codes and must be permitted accordingly by

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the municipality.

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     5-6-13. Journeyperson and burnerperson restricted to work as employee of licensee.

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-- (a) Except as provided in section 5-6-14, a holder of a Certificate B is not entitled to do any

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work of installing wires, conduits, apparatus, fixtures, or other appliances, or maintenance work

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for carrying or using electricity for light, heat, or power purposes except as an employee of a

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holder of a Certificate A, of a Certificate C, or a Certificate D, or unless the holder of a Certificate

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B is also registered as an electrical contractor and holds a certificate.

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      (b) A holder of a Certificate F is not entitled to do any work on electric wiring, conduits,

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apparatus, fixtures, or other appliances for carrying or using electricity for light, heat, or power

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purposes, except as an employee of a holder of a Certificate E or A unless the holder of a

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Certificate F is also registered as an oil burner contractor and holds a Certificate E.

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      (c) A holder of a Certificate AF is limited to fire alarm, fixtures, equipment for fire alarm

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purposes only, and life safety equipment only unless the holder of a Certificate AF also holds a

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Certificate BF.

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      (d) A holder of a Certificate SCF is limited to electrical sign contracting only. A

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Certificate CF is required for the actual installation of the electrical sign.

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      (e) A holder of a Certificate LPC is limited to lightning protection contracting only. A

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Certificate LPI is required for the actual installation of the lightning protection system.

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     5-6-19. Display of licenses. -- (a) Holders of Licenses B, F, BF, CF, M, A, E, AF, SCF,

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LPC, and LPI shall be furnished by the division of professional regulation with evidence of

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having been licensed in card form or otherwise, which shall be carried on the person of the

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licensee and exhibited on request.

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      (b) Any sign, listing, or advertisement of any type of a holder of those licenses shall

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contain the holder's name, address, and license number; provided, only those persons, firms, or

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corporations who are holders of a Class A license shall be permitted to advertise for the

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employment of journeyperson or electrical apprentices.

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     5-6-24. Apprentices -- Registration fee. -- (a) This chapter does not forbid the

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employment of one properly limited registered apprentice electrician working with and under the

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direct personal supervision of a licensed journeyperson electrician. Additionally, this chapter does

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not forbid the employment of: (1) one properly registered apprentice oil burnerperson working

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with and under the direct personal supervision of a licensed oil burnerperson; (2) one properly

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registered apprentice fire alarm installer working with and under the direct personal supervision

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of a licensed fire alarm installer; or (3) two (2) properly registered apprentice electrical sign

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installer working with and under the direct personal supervision of a licensed electrical sign

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installer; (4) one properly registered apprentice maintenance electrician working with and under

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the direct personal supervision of a valid Class C or Class D license holder; or (5) one properly

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registered apprentice lightning protection installer working with and under the direct personal

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supervision of a licensed lightning protection installer (LPI). Apprentices are required to register

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with the division of professional regulation initially upon payment of a fee of twenty dollars

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($20.00) per year. Apprentices are required to register with the division of professional regulation

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immediately upon employment with a properly licensed electrical contractor or lightning

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protection contractor.

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      (b) Indentured apprentice electricians are required to work a minimum of eight thousand

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(8,000) hours over a period of time of not less than four (4) years and successfully complete one

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hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

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program approved by the Rhode Island department of labor and training, to qualify for the

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journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

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one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

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by the board of regents for elementary and secondary education and approved by the Rhode

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Island department of labor and training apprenticeship council. Provided, that the test applicant

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has possessed for at least four (4) years prior to the filing of the application a certificate of

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registration in full force and effect from the department of labor and training of Rhode Island

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specifying the person as an indentured apprentice, and the application of an applicant is

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accompanied by an affidavit or affidavits of his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has been actually engaged in

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electrical work as an apprentice in Rhode Island during those four (4) years, or the application is

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accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant

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has successfully completed a course of study in a recognized college or university and has

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pursued a course of electrical technology for at least two (2) academic years or is the recipient of

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an associate degree in electrical technology, and has thereafter been indentured by the department

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of labor and training as an apprentice for at least two (2) years and employed as an indentured

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apprentice by a duly licensed electrician master in this state for a period of two (2) years, or a

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showing that the applicant possesses a certificate of license issued under the laws of another state

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based on training equal to that required by the state of Rhode Island. Limited registered

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apprentice electricians shall be required to work a minimum of four thousand (4,000) hours over a

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period of time of not less than two (2) years.

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      (c) Indentured apprentice maintenance electricians are required to work a minimum of

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six thousand (6,000) hours over a period of time of not less than three (3) years and successfully

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complete a one hundred forty-four (144) hours of related instruction per year in an indentured

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apprenticeship program approved by the Rhode Island department of labor and training, to qualify

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for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

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possessed for at least three (3) years prior to the filing of the application a certificate of

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registration in full force and effect from the department of labor and training of Rhode Island

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specifying the person as an indentured apprentice, and the application of an applicant is

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accompanied by an affidavit or affidavits of his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has been actually engaged in

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electrical work as an apprentice in Rhode Island during those three (3) years. Class M

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journeyperson electricians may qualify to take the journeyperson "B" electrician examination

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upon registering as a fourth year apprentice and becoming employed by a properly licensed Class

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A electrical contractor for that period of time.

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      (d) Apprentice lightning protection installers are required to work a minimum of four

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thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

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lightning protection installer (LPI) examination. Provided, that the test applicant has possessed

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for at least two (2) years prior to the filing of the application a certificate of registration in full

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force and effect from the department of labor and training of Rhode Island specifying the person

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as an apprentice lightning protection installer, and the application of an applicant is accompanied

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by an affidavit or affidavits of his or her employer or former employers or other reasonably

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satisfactory evidence showing that the applicant has been actually engaged in lightning protection

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work as an apprentice during those two (2) years.

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     5-6-32. Authority of director to assess penalty. -- (a) The director may assess an

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administrative penalty on any person, firm, or corporation for any violation of the provisions of

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this chapter, after notice and a hearing, before and upon the recommendation of the board of

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examiners of electricians in the amount of five hundred dollars ($500) for the first violation and

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nine hundred fifty dollars ($950) for a subsequent violation. All funds collected by the labor and

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training department under this section shall be placed in the restricted receipts account created

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pursuant to section 28-22-1.1. This section is in addition to any other action provided by law for

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violations of this chapter.

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      (b) The chief of the section shall act as an investigator with respect to the enforcement of

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all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

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complaint is made by the chief of the section to the director of the department of labor and

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training or his or her designee that the provisions of this chapter are being violated, the director of

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the department of labor and training or his or her designee may shall issue an order to cease and

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desist from that violation and may impose the above penalties against the violator and against the

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contractor.

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     SECTION 2. This act shall take effect upon passage.

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LC00376

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS

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     This act would include the maintenance of certain electrical components within the

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purview of this chapter.

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     This act would take effect upon passage.

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LC00376

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