2016 -- H 7868 AS AMENDED

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LC004989

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER

FILTRATION/TREATMENT SYSTEM CONTRACTORS

     

     Introduced By: Representatives Craven, Coughlin, McEntee, Fogarty, and Marshall

     Date Introduced: March 04, 2016

     Referred To: House Corporations

     (Labor & Training/Administration)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-20-3, 5-20-4, 5-20-8, 5-20-9, 5-20-10, 5-20-12, 5-20-14, 5-20-

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14.1, 5-20-15, 5-20-16, 5-20-19, 5-20-21, 5-20-23, 5-20-24, 5-20-25, 5-20-27, 5-20-28, 5-20-33.1

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and 5-20-36 of the General Laws in Chapter 5-20 entitled "Plumbers and Irrigators" are hereby

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amended to read as follows:

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     5-20-3. "Master plumber" defined. -- (a) "Master plumber", as used in this chapter,

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means any person who as an independent contractor engages in this state in the business of

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installation, maintenance, or repair of plumbing in the building or upon the premises where that

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plumbing, as defined in § 5-20-2, is or is to be located, either by contract or agreement with the

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owner, lessee, tenant, or agent of those premises or building, or who employs one or more

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journeyperson plumbers, one or more plumber's apprentices, or other persons to assist in that

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installation, maintenance, or repair work or who performs any acts specified in this chapter for

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performance by a "master plumber".

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      (b) A person holding a valid master plumbers license under this chapter shall not be

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required to obtain an additional license under this chapter to perform master irrigation work or

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master water filtration/treatment system work.

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     5-20-4. "Journeyperson plumber" defined. -- (a) "Journeyperson plumber", as used in

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this chapter, means any employee except an apprentice plumber as subsequently defined, whose

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principal occupation is the installation, maintenance, or repair of plumbing, as defined in § 5-20-

 

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2.

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      (b) A person holding a valid journeyperson license under this chapter shall not be

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required to obtain an additional license under this chapter to perform journeyperson irrigation

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work or master water filtration/treatment system work.

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     5-20-8. Practices for which master's license required. -- No person shall engage in this

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state in the business of plumbing as a master plumber, or irrigation as a master irrigator, or

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commercial water filtration/treatment work as a master water filtration/treatment system installer,

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or as an employer of a journeyperson plumber, or journeyperson irrigator, journeyperson water

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filtration/treatment system installer or plumber's apprentice, or apprentice irrigator, or apprentice

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water filtration/treatment system installer, or enter into contracts or agreements for the

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installation, maintenance, or repair of plumbing or irrigation systems or water filtration/treatment

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system or perform any of the acts specified in this chapter for performance by a master plumber,

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or master irrigator, or master water filtration/treatment system installer, or advertise or represent

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in any form or manner that they are a master plumber, or master irrigator, or master water

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filtration/treatment system installer, or that they will install plumbing, or irrigation systems, or

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commercial water filtration/treatment systems, unless that person possesses a certificate of license

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in full force and effect from the department of labor and training specifying that person as a

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master plumber, or master irrigator, or master water filtration/treatment system installer. That

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person shall carry the certificate on their person at all times while so engaged, and shall affix their

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plumber's license number or master irrigator's license number to any contract they execute or bid

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filed with any person for their professional services and to any applicable permit required for the

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performance of those services.

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     5-20-9. Acts for which journeyperson's license required. -- No person shall engage to

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work as a journeyperson plumber, or journeyperson irrigator journeyperson water

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filtration/treatment system installer or represent in any form or manner that he or she is a

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journeyperson plumber, or journeyperson irrigator journeyperson water filtration/treatment

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system installer unless that person possesses and carries on his or her person at all times while

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engaged a certificate of license in full force and effect from the department of labor and training

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specifying that person as a journeyperson plumber, or journeyperson irrigator or journeyperson

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water filtration/treatment system installer employed by the properly licensed master permit

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holder.

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     5-20-10. Work for which apprentice certificate required. -- No person shall engage to

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work as an apprentice plumber unless that person possesses and carries on his or her person at all

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times while engaged a certificate of registration in full force and effect from the department of

 

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labor and training specifying that person as an apprentice plumber, or an apprentice irrigator or an

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apprentice water filtration/treatment system installer.

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     5-20-12. Corporations and firms engaging in business. -- (a) No corporation, firm,

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association, partnership, or other entity shall engage in business, advertise, make application for

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and take out permits, bid for work, or represent itself as a master plumber, or a master irrigator or

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master water filtration/treatment system installer unless:

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      (1) A licensed master plumber, as provided in this chapter, shall be continuously

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engaged in the supervision of the entity's plumbing installation, irrigation installation, commercial

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water filtration/treatment system installation, maintenance, and repair work and the licensed

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master is an officer of the corporation, a partner in the partnership, or a similarly authorized

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principal of any firm, association, or other entity; or

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      (2) The entity possesses a valid plumbing contractor's, or master irrigator's license or

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master water filtration/treatment system installer's license duly issued by the department of labor

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and training as described in subsection (b) of this section.

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      (b) Upon application of any of the entities listed in subsection (a) of this section in form

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and substance prescribed by the department of labor and training, and receipt of the fee for the

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application and license which shall be equal to the fee for a master plumber's license, or master

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irrigator's license or master water filtration/treatment system installer's license as described in § 5-

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20-16, the department of labor and training shall issue the applicant entity a license as a plumbing

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contractor, or irrigation contractor or commercial water filtration/treatment system contractor.

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The plumbing contractor's, or irrigation contractor's or commercial water filtration/treatment

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system contractor's license shall specify the name of the entity holding the license and shall state

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that the license holder shall:

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     (1) have a licensed contractor master plumber, as that term is defined in § 5-20-12.1, who

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is continuously engaged in the supervision of the entity's plumbing installation, maintenance, and

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repair work and who is an officer of the corporation, a partner in the partnership, or a similarly

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authorized principal of any firm, association, or other entity; or

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     (2) continuously employ at all times while holding the license a duly licensed master

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plumber, or master irrigator or master water filtration/treatment system installer as provided in

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this chapter, who is continuously engaged in the supervision of the entity's plumbing installation,

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irrigation installation, commercial water filtration/treatment system installation, maintenance, and

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repair work. The plumbing contractor's, and master irrigator's and master water

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filtration/treatment system installer's license shall entitle the entity holding the license to engage

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in business, advertise, bid for work, or represent itself as a master plumber, or master irrigator and

 

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master water filtration/treatment system installer or a plumbing contractor and shall also entitle

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the entity to make application for and take out permits through its duly authorized officer or

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similarly authorized principal as well as through the duly licensed contractor master as described

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in this section or the duly licensed master plumber, master irrigator or master water

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filtration/treatment system installer continuously employed by the entity as stated in this section,

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as the case may be. The contractor's license shall not, in and of itself permit a principal, officer,

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employee, or agent of the entity holding the license to individually engage in installation,

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maintenance, or repair work as described above unless that principal, officer, employee, or agent

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is individually licensed so to do.

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      (c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to

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be permissible shall be solely of the type for which the licensed master plumber, master irrigator

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or master water filtration/treatment system installer who serves as an officer, or similarly

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authorized principal of the entity or who is continuously employed by the entity holding a

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plumbing contractor's license, irrigation contractor's or commercial water filtration/treatment

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system contractor's license, is duly licensed to perform.

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      (d) Any licensed master plumber, master irrigator or master water filtration/treatment

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system installer who serves as an officer or similarly authorized principal of this type of entity or

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who is continuously employed by an entity holding a plumbing, irrigation or commercial water

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filtration/treatment system contractor's license shall represent the interests of one such entity and

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only one such entity at any given time as described in this section.

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      (e) In the event that the licensed master plumber, master irrigator or master water

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filtration/treatment system installer described in this section ceases to be an officer or similarly

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authorized principal of one of the entities described in this section or ceases to be continuously

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employed by an entity holding a plumbing contractor's license for any reason whatsoever, the

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entity shall provide written notice of the cessation to the department of health no more than

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fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected

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shall provide written notice of the cessation to the department of labor and training specifying the

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licensed master plumber, master irrigator or master water filtration/treatment system installer who

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is replacing the departed licensed master plumber referenced in this section no more than forty-

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five (45) days after the effective date of occurrence of the cessation.

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      (f) No corporation, firm, association, partnership, or other entity which engages in, offers

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to engage in, or represents that it engages in plumbing installation, irrigation system installation

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or commercial water filtration/treatment system, maintenance, or repair work in the state of

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Rhode Island is permitted to incorporate, form, qualify to do business, or otherwise register with

 

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the Rhode Island secretary of state's office until and unless that office has first received a written

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confirmation from the department of labor and training that all requisite licenses to be issued by

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the department of labor and training have been so issued and remain in good standing.

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      (g) Any willful violation of this section is grounds for revocation of license as further

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described in § 5-20-27.

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     5-20-14. Duties of director. -- The director of the department of labor and training shall:

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      (1) Prepare license certificates and issue them in conformity with this chapter;

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      (2) Maintain an up-to-date record specifying the names and addresses of licensed master

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plumbers and journeyperson plumbers or master irrigators or journeyperson irrigators or master

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water filtration/treatment system installers or journeyperson water filtration/treatment system

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installers of this state. That record shall show dates of issuance of licenses and shall be open to

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public inspection. Those records shall also show dates of filing of complaints and the nature of

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those complaints for revocation of license and the date of, as well as the final order upon, those

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complaints; and

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      (3) Prescribe standards for what constitutes a recognized college or university, and

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determine the conformance to those standards.

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     5-20-14.1. Grandfathering -- Licensing of irrigation masters and irrigation

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journeypersons without examination. -- Grandfathering -- Licensing of irrigation masters,

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irrigation journeypersons, water filtration/treatment system masters and water

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filtration/treatment system journeypersons without examination. -- (a) After July 13, 2001,

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and at any time prior to the expiration of twelve (12) months following July 13, 2001, the

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authority shall, without examination, upon payment of the fees required in this chapter, issue

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through the department of labor and training, division of professional regulation, a master

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irrigation license or a journeyperson irrigation license to any applicant who shall present

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satisfactory evidence that he or she has the qualifications for the type of license applied for.

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Thereafter, in order to qualify for a master irrigation license after the initial "grandfather"

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window, the eligible contractor shall be required to pass a written examination and show the

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proof contained in this subsection of his or her eligibility.

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     (b) Prior to January 1, 2018, the authority shall, without examination, upon payment of

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the fees required in this chapter, issue through the department of labor and training, division of

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professional regulation, a master water filtration/treatment system installer license or a

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journeyperson water filtration/treatment system installer license to any applicant who shall

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present satisfactory evidence that they have the qualifications for the type of license applied for.

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After January 1, 2018, in order to qualify for a master water filtration/treatment system installer

 

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license or a journeyperson water filtration/treatment system installer license the eligible

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individual shall be required to pass a written examination and show the proof contained in this

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subsection of their eligibility.

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      (b)(c) Satisfactory evidence shall be any of the following that is applicable:

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      (1) The owner or owners of an enterprise must have been active in irrigation for the

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previous three (3) years; or

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      (2) The contractor has previously registered with the contractors' registration board; or

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      (3) The contractor has been listed within the yellow pages phone book under "Lawn

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Sprinklers" or has advertised irrigation or lawn sprinklers in ads placed elsewhere; or

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      (4) The contractor has been incorporated or has been registered to do business with the

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state of Rhode Island for the past three (3) years designating irrigation or installing water

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filtration/treatment systems as a provided service; or

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     (5) The installer has been employed for the past three (3) years by a contractor that has

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been incorporated or registered to do business with the state of Rhode Island designating water

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filtration/treatment system installation as provided service; or

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      (5)(6) Notarized confirmation by three (3) irrigation or water filtration/treatment system

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contractors .

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     5-20-15. Applications for licenses. -- Any applicant for a license as a master plumber,

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master irrigator, journeyperson plumber, journeyperson irrigator, master water filtration/treatment

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system installer, journeyperson water filtration/treatment system installer or an apprentice

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plumber, apprentice irrigator or apprentice water filtration/treatment system installer in this state

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shall present his or her application to the department of labor and training on the printed form

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provided for that purpose.

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     5-20-16. Qualifications of master plumber or master irrigator -- Application fee. --

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Qualifications of master plumber, master irrigator or master water filtration/treatment

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system installer -- Application fee. -- (a) No application for a license of a master plumber, or

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master irrigator or master water filtration/treatment system installer shall be filed by the

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department of labor and training nor is any applicant permitted to take the examination for a

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license as a master plumber, or master irrigator or master water filtration/treatment system

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installer unless:

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      (1) The application is accompanied by a nonrefundable application fee of seventy-five

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dollars ($75.00) payable to the department;

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      (2) The applicant is a citizen or legal resident of the United States; and

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      (3) The applicant possesses a certificate of license in full force and effect from the

 

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department of labor and training specifying that person as a journeyperson plumber, or

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journeyperson irrigator or journeyperson water filtration/treatment system installer licensed as a

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journeyperson plumber or journeyperson irrigator for a minimum of one year. An affidavit must

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accompany this application certifying that the applicant was employed by a licensed master

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plumber, or master irrigator or master water filtration/treatment system installer during that

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period in which the journeyperson plumber, or journeyperson irrigator or journeyperson water

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filtration/treatment system installer was so licensed. Completed applications must be filed with

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the department at least thirty (30) days prior to the examination date.

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      (b) Notwithstanding anything set forth in this section to the contrary, the prerequisites set

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forth in subsection (a) of this section may be waived, and the requirements of this section met, if

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the applicant submits evidence, in form and substance reasonably acceptable to the department of

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labor and training, that the applicant possesses the requisite skill, expertise, education,

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experience, training, and other qualities or qualifications to take the examination for a license as a

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master plumber, or master irrigator or master water filtration/treatment system installer.

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     5-20-19. Notice of change of address of licensee. -- Any person who holds a certificate

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of license as a master plumber, master irrigator, master water filtration/treatment system installer,

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journeyperson plumber, journeyperson irrigator, journeyperson water filtration/treatment system

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installer or an apprentice plumber, or apprentice irrigator or apprentice water filtration/treatment

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system installer, shall notify the department of labor and training within thirty (30) days in the

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event of change of his or her address from the address specified on his or her certificate of license

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as a master plumber, master irrigator, master water filtration/treatment system installer,

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journeyperson plumber, journeyperson irrigator, journeyperson water filtration/treatment system

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installer or an apprentice plumber, or apprentice irrigator or apprentice water filtration/treatment

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system installer.

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     5-20-21. Issuance of license on examination -- Notice to applicants. -- (a) The director

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of the department of labor and training shall allow or deny applications for a master plumber's

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license, master irrigator's license, master water filtration/treatment system installer's license or a

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journeyperson plumber's license, or journeyperson irrigator's license or journeyperson water

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filtration/treatment system installer's license upon the recommendation of the division of

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professional regulation, as soon after the examination as is practicable. Each applicant who has

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successfully passed the examination and has had his or her application allowed for a license as a

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master plumber, master irrigator, master water filtration/treatment system installer or a

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journeyperson plumber, or journeyperson irrigator or journeyperson water filtration/treatment

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system installer shall have issued and mailed to him or her by the department a certificate of

 

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license specifying that person as a master plumber, master irrigator, or master water

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filtration/treatment system installer a journeyperson plumber, or journeyperson irrigator or

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journeyperson water filtration/treatment system installer.

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      (b) All certificates of license are issued by the department.

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     5-20-23. Expiration and renewal of licenses -- Penalties for violation of section. -- (a)

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All licenses issued by the division of professional regulation for master plumbers, and master

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irrigators and master water filtration/treatment system installers, and journeyperson plumbers, or

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journeyperson irrigators or journeyperson water filtration/treatment system installers born in odd

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years shall expire on the birthday of the individual qualifying for the license in odd years and all

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licenses of master plumbers, and master irrigators and master water filtration/treatment system

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installers and journeyperson plumbers, or journeyperson irrigators or journeyperson water

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filtration/treatment system installers born in even years shall expire on the birthday of the

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individual qualifying for the license in even years and all licenses may be renewed on or before

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their expiration date upon payment of the appropriate renewal fee.

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      (b) Any master plumber, or master irrigator or master water filtration/treatment system

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installer who fails to renew his or her license as provided in subsection (a) of this section may be

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reinstated by the department on or after the renewal date for a period of two (2) years, upon

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payment of the current biennial renewal fee of two hundred forty dollars ($240) plus outstanding

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license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the

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delinquency period.

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      (c) Every certificate of license of a journeyperson plumber, or journeyperson irrigator or

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journeyperson water filtration/treatment system installer issued by the department is renewed on

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or before the licensee's second birthday following the date of issuance upon payment of a biennial

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renewal fee of seventy-two dollars ($72.00).

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      (d) Any journeyperson plumber, or journeyperson irrigator or journeyperson water

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filtration/treatment system installer who fails to renew his or her license as provided in subsection

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(a) of this section may be reinstated by the department on or after the renewal date for a period of

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two (2) years upon payment of the current biennial renewal fee of seventy-two dollars ($72.00)

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plus outstanding license fees and a twelve dollar ($12.00) per month administrative assessment

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fee for the delinquency period.

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      (e) Notwithstanding any other provisions of this chapter, any license issued under this

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chapter that is not renewed within two (2) years of the date of its expiration is deemed to be

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forfeited and the person to whom the license has been issued is required to make written

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application for an examination prior to the issuance of a new license.

 

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      (f) Licensed master or journeyperson plumbers shall attend and complete a course of

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continuing education at their expense as determined by the board of examiners, but not to exceed

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fifteen (15) hours, prior to the renewal or reinstatement of an existing license. The board of

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examiners shall promulgate rules and regulations necessary to carry out the provisions of this

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subsection, including, but not limited to, a continuing education course fee amount consistent

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with industry standard.

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      (g) Notwithstanding any provision of the general or public laws to the contrary, any

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licensed master or journeyperson plumber who has any combination of years of experience as a

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licensed master plumber or journeyperson plumber, and, years of age that, when combined, shall

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equal a total of eighty (80) years, shall be exempt from the continuing education requirements of

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subsection (f) of this section. The board of examiners shall promulgate rules and regulations

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necessary to carry out the provisions of this subsection.

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     5-20-24. License displayed in place of business -- Advertising. -- (a) In every place in

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this state within and from which a plumbing, or irrigation or commercial water

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filtration/treatment business is conducted as specified for a master plumber, or master irrigator or

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master water filtration/treatment system installer, there shall be on display at all times a certificate

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of license as provided in this chapter.

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      (b) Any sign, listing, or advertisement of any type of a master plumber, or master

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irrigator or master water filtration/treatment system installer shall contain his or her name,

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address, and license number. This information shall be included on all trucks used by a master

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plumber in connection with his or her business.

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     5-20-25. Registration of plumbing and irrigation of apprentices. -- (a) Any person

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who has agreed to work a minimum of eight thousand (8,000) hours over a period of time of not

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less than five (5) years under the direct supervision and instruction of a master plumber or

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journeyperson plumber as an apprentice to learn the plumbing business, and that agreement is

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approved by the division of professional regulation, shall be registered for an initial period of one

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year, with renewal on the applicant's birthday, by the director of the department of labor and

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training and have issued to him or her upon the payment of a fee of twenty dollars ($20.00) a

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certificate showing that person to be a registered apprentice. Every person who continues to work

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as an apprentice after the initial one year registration is required to register again as an apprentice

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and pay the fee.

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      (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

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period of time of not less than one year under the direct supervision and instruction of a master

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irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that

 

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agreement is approved by the division of professional regulation, shall be registered for an initial

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period of one year, with renewal on the applicant's birthday, by the director of the department of

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labor and training and have issued to him or her upon the payment of a fee of twenty dollars

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($20.00) a certificate showing that person to be a registered apprentice. Every person who

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continues to work as an apprentice after the initial one year registration is required to register

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again as an apprentice and pay the fee.

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     (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

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period of time of not less than one year under the direct supervision and instruction of a master

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water filtration/treatment system installer or a journeyperson water filtration/treatment system

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installer as an apprentice to learn the water filtration/treatment business, and that agreement is

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approved by the division of professional regulation, shall be registered for an initial period of one

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year, with renewal on the applicant's birthday, by the director of the department of labor and

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training and have issued to them upon the payment of a fee of twenty dollars ($20.00) a certificate

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showing that person to be a registered apprentice. Every person who continues to work as an

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apprentice after the initial one year registration is required to register again as an apprentice and

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pay the fee.

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     5-20-27. Grounds for revocation of license. -- The director of labor and training shall

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revoke the license of any master plumber, or master irrigator, master water filtration/treatment

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system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

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filtration/treatment system installer after a hearing when the weight of the evidence establishes

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any one or more of the following specific violations:

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      (1) For having obtained or conspired with others to obtain a license by inducing the

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issuance of that license in consideration of the payment of money or any other things of value, or

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by and through a willful or fraudulent misrepresentation of facts in the procurement of the

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license;

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      (2) Willful violation of any plumbing ordinance, or rules of any city, or town, or of any

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law of this state regulating the conduct of plumbing, or irrigation work or commercial water

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filtration/treatment system work;

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      (3) On account of knowingly aiding or assisting any person to engage in the work

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specified for a master plumber, master irrigator, master water filtration/treatment system installer

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or journeyperson plumber, or journeyperson irrigator, journeyperson water filtration/treatment

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system installer when that person does not have a license as provided in this chapter;

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      (4) Because of any master plumber, master irrigator, master water filtration/treatment

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system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

 

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filtration/treatment system installer willfully and fraudulently loaning his or her license to any

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other person for the purpose of permitting that person to engage in any plumbing, or irrigation

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work or commercial water filtration/treatment system work in violation of the provisions of this

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chapter;

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      (5) If any licensee, as provided in this chapter, is convicted of a felony; or

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      (6) On account of any willful violation of any of the provisions of this chapter.

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     5-20-28. Procedure for revocation of license. -- (a) No proceedings to revoke a license,

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as provided in this section, shall be instituted unless filed with the department of labor and

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training within one year immediately following the date or dates of violation.

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      (b) No license of a master plumber, master irrigator, master water filtration/treatment

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system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

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filtration/treatment system installer shall be revoked or cancelled until after a full and impartial

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hearing as provided in this section.

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      (c) No hearing for the purpose of revoking any license of a master plumber, master

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irrigator, master irrigator or master water filtration/treatment system installer or journeyperson

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plumber, or journeyperson irrigator or journeyperson water filtration/treatment system installer

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shall be held unless there is first placed on file with the department a verified complaint, in

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writing, reciting in the complaint with reasonable particularity a statement of facts which if

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proved would be sufficient to constitute a violation of one or more of the specifications for

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revocation of license as prescribed in § 5-20-27.

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      (d) Upon the filing of a verified complaint, as provided in this section, the department

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shall promptly set a date for a hearing of the charges of the complaint which shall be held in the

23

city of Providence. The department shall promptly by registered or certified mail forward to the

24

licensee charged in the complaint a true and correct copy of the complaint and notification of the

25

time and place when and where a hearing of those charges is to be held.

26

      (e) At the time and place fixed in the notification, the division of professional regulation

27

or upon appeal from the division, the board of plumbing examiners, upon supervision of the

28

department, shall proceed to a hearing of the charges specified in the complaint. No hearing upon

29

the charges of the complaint shall be had unless the records of the department contain evidence

30

that the licensee charged in the complaint has been served with a copy of the complaint and

31

notification at least twenty (20) days prior to the date of the hearing; provided, that the

32

appearance of the charged licensee, either in his or her own behalf or by counsel, constitutes

33

proof that sufficient notice of the hearing was served.

34

      (f) A complaining party by himself or herself or by counsel may aid in the presentation

 

LC004989 - Page 11 of 15

1

of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing

2

of all evidence and statement of counsel either in support of or against the charges of the

3

complaint. Upon good cause shown the date of the hearing on the complaint may be continued

4

provided the licensee and other interested parties are reasonably notified about the date of the

5

continuance.

6

     5-20-33.1. Enforcement. -- (a) It is the duty of the director of the department of labor

7

and training and the chief plumbing investigator to enforce the provisions of this chapter. Local

8

building and plumbing inspectors, involved in the day-to-day inspection of plumbing, or

9

irrigation or water filtration/treatment system installation, shall assist the chief plumbing

10

investigator in enforcing the provisions of this chapter. These individuals have authority to

11

demand the production of the licenses and certificates required by this chapter on any site where

12

plumbing, or irrigation or water filtration/treatment systems are is being installed and have the

13

authority to investigate, and where appropriate, make complaints, pursuant to § 5-20-28 or § 5-

14

20-33, where sufficient evidence has been obtained to sustain a reasonable belief that a violation

15

of this chapter has occurred.

16

      (b) The state board of plumbing examiners also has:

17

      (1) Concurrent responsibility to enforce the provisions of this chapter;

18

      (2) The authority to demand the production of the licenses and certificates required by

19

this chapter on any site where plumbing or irrigation is being installed; and

20

      (3) The authority to investigate, and where appropriate, make complaints, pursuant to §

21

5-20-28 or 5-20-33, where sufficient evidence has been obtained to sustain a reasonable belief

22

that a violation of this chapter has occurred.

23

      (c) The director of the department of labor and training shall provide identification to the

24

board members for the purposes of this section.

25

     5-20-36. Injunctions. -- Violations of this chapter may be enjoined upon a bill of

26

complaint being filed in the superior court for the county in which those violations have been

27

committed, by the division of professional regulation or by any association of master plumbers,

28

master irrigators, master water filtration/treatment system installers or journeyperson plumbers, or

29

journeyperson irrigators or journeyperson water filtration/treatment system installers, licensed

30

master plumbers, or licensed master irrigators, or licensed master water filtration/treatment

31

system installer or by any plumbing inspector. An injunction may be granted by the superior court

32

after a hearing in open court against any person, firm, corporation, or association which has

33

violated any of the provisions of this chapter, without regard to whether proceedings have been or

34

may be instituted before the state board of plumbing examiners or whether criminal proceedings

 

LC004989 - Page 12 of 15

1

have been or may be instituted. No ex parte restraining orders shall be issued in suits brought

2

pursuant to this section.

3

     SECTION 2. Chapter 5-20 of the General Laws entitled "Plumbers and Irrigators" is

4

hereby amended by adding thereto the following sections:

5

     5-20-3.2. "Master water filtration/treatment system installer" defined. -- "Master

6

water filtration/treatment system installer", as used in this chapter, means a person who has

7

performed in the capacity of a journeyperson water filtration/treatment system installer as defined

8

in §5-20-3.3 for not less than one year.

9

     5-20-3.3. "Journeyperson water filtration/treatment system installer" defined. --

10

"Journeyperson water filtration/treatment system installer", as used in this chapter, means a

11

person who has performed all phases of a project under the supervision of a master water

12

filtration/treatment system installer licensee for a period of not less than one year. Journeypersons

13

shall not be permitted to apply for a water filtration/treatment system installation permit.

14

     5-20-4.2. "Apprentice water filtration/treatment system installer" defined. --

15

"Apprentice water filtration/treatment system installer", as used in this chapter, means a person

16

hired to perform all phases of a water filtration/treatment system project under the supervision of

17

a master water filtration/treatment system installer licensee or a licensed journeyperson water

18

filtration/treatment system installer for a period of one year.

19

     5-20-5.2. "Commercial water filtration/treatment system work" defined. --

20

"Commercial water filtration/treatment system work'', as used in this chapter, means any

21

alteration, installation or repair of water filtration/treatment systems in which the piping exceeds

22

one and one-half inches (1.5") or the flow rate exceeds eighty (80) gallons per minute.

23

     5-20-17.2. Qualifications of journeyperson water filtration/treatment system

24

installer -- Application fee. -- No application for a journeyperson's license shall be filed at the

25

department of labor and training nor shall any applicant be permitted to take the examination for a

26

license as a journeyperson water filtration/treatment system installer unless:

27

     (1) The application is accompanied with the nonrefundable application fee of seventy-

28

five dollars ($75.00);

29

     (2) The applicant possesses a current apprentice certificate for a period of one year before

30

application for journeyperson water filtration/treatment system installer is made.

31

     5-20-17.3. Applicability. -- Any references to water filtration/treatment system work

32

pursuant to §5-20-1 et seq., shall be solely in reference to commercial water filtration/treatment

33

system work as defined in §5-20-5.2. Nothing herein shall be applicable to residential water

34

filtration/treatment systems as defined in §5-65.2-1 et seq.

 

LC004989 - Page 13 of 15

1

     SECTION 3. This act shall take effect January 1, 2017.

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LC004989 - Page 14 of 15

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER

FILTRATION/TREATMENT SYSTEM CONTRACTORS

***

1

     This act would establish limited licenses for commercial water filtration/treatment system

2

work to be governed under the authority of the board of examiners of plumbers.

3

     This act would take effect on January 1, 2017.

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