CHAPTER 370
2001-H 6293
Enacted 07/13/2001


A  N     A   C   T

RELATING TO LABOR AND LABOR RELATIONS - - PIPEFITTERS AND REFRIGERATION TECHNICIANS, FIRE PROTECTION SPRINKLER FITTERS, CONTRACTORS, JOURNEYPERSON SPRINKLER FITTERS, SHEET METAL CONTRACTORS, JOURNEYPERSON SHEET METAL WORKERS, AND OIL HEAT CONTRACTORS

Introduced By:  Representatives Faria, Carter, McCauley and Moura Date Introduced:  April 3, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Sections 28-27-2, 28-27-4.2, 28-27-4.4, 28-27-5.2, 28-27-19 and 28-27-20 of the General Laws in Chapter 28-27 entitled "Pipefitters, Refrigeration Technicians, Fire Protection Sprinkler Fitters, Sheet Metal Workers, and Oil Heat Contractors" are hereby amended to read as follows:

28-27-2. Licensing -- State board of pipefitter, refrigeration, and fire protection sprinkler contractors/journeyperson sprinkler fitters, sheet metal contractors/journeyperson sheet metal workers, and oil heat contractors examiners created -- Senior chief inspector. -- (a) The division of professional regulation with the assistance of the bureau shall promulgate rules and regulations for the examining and licensing of pipefitter/refrigeration technicians and contractors and fire protection sprinkler contractors/journeyperson sprinkler fitters, sheet metal contractors/journeyperson sheet metal workers and oil heat contractors.

(b) (1) A state board of pipefitter/refrigeration and fire protection sprinkler contractors/journeyperson sprinkler fitters, sheet metal contractors or journeyperson sheet metal workers and oil heat contractors examiners is created in the department of labor and training, whose duty it is to advise the division in its area of expertise in promulgating any policy that is necessary to improve the operations of the division in the area of expertise, and to hold license revocation and violations hearings as described in this chapter. The promulgation of policy is subject to the approval of the division.

(2) The board shall consist of eleven (11) qualified electors of the state appointed by the governor as follows:

(i) One member who is a master pipefitter at the time of appointment, having at least ten (10) years in business as a master pipefitting contractor.

(ii) One member who is a refrigeration/air conditioning master contractor at the time of appointment, having at least ten (10) years in business as a refrigeration/air conditioning master contractor.

(iii) One member who has been employed as a pipefitter journeyperson for ten (10) years.

(iv) One member who has been employed as a refrigeration/air conditioning journeyperson for ten (10) years.

(v) One member who is a fire protection sprinkler systems contractor at the time of appointment, having at least ten (10) years in business as a fire protection sprinkler contractor.

(vi) One member who has been employed as a journeyperson sprinkler fitter for ten (10) years.

(vii) One member who is the state fire marshal or his or her designee.

(viii) Two (2) members to be appointed from a list submitted by the Oil Heat Institute, Inc. and who have been doing business as oil heat contractors for at least ten (10) years.

(ix) One member who is a sheet metal contractor at the time of appointment, having at least ten (10) years in business as a sheet metal contractor.

(x) One member who has been employed as a journeyperson sheet metal worker for ten (10) years.

(3) Members shall be appointed to serve for three (3) years and their successors shall be appointed for three (3) years.

(4) On the expiration of the term of any master, journeyperson, or oil heat contractor member of the board, the governor shall appoint for a term of three (3) years a master, journeyperson or oil heat contractor member having the qualifications required by this chapter to take the place of the master, journeyperson, or oil heat contractor whose term has expired.

(5) Any vacancy which occurs for any cause shall be filled by appointment by the governor for the remainder of the unexpired term.

(6) The board has an advisory role in the preparation and composition of the license examinations to be administered by the division. Subsequent to the administration of the examinations, the board of examiners shall review the examinations to evaluate their effectiveness.

(c) A chairperson shall be elected every three (3) years from the members; a majority will constitute a quorum of the full bureau. The senior chief inspector for the division shall have both a master pipefitter I and master refrigeration I license, with a minimum of five (5) years employment in the state of Rhode Island as a journeyperson and five (5) years as a contractor. He or she shall be appointed by the licensing bureau and the position shall be in the classified service at not less than pay grade 335.

(d) There shall be a chief investigator for the division who shall have both a master pipefitter and master refrigeration license, with a minimum of five (5) years employment in the State of Rhode Island as a journeyperson and five (5) years as a contractor. He or she shall be appointed by the director of labor and training, upon recommendation from the licensing bureau, and said position shall be in the classified service.

28-27-4.2. "Journeyperson pipefitter", "journeyperson sprinkler fitter" and "journeyperson sheet metal worker" defined. -- (a) "Journeyperson pipefitter" means any person who has completed a five (5) year apprentice program and/or has passed a journeyperson examination and who by himself or herself does work on pipefitting systems subject to provisions of this chapter. The rules, regulations, and licensing criteria guide promulgated under this chapter referencing Class II limited journeyperson licenses require completion of an accepted formal technical program approved by the department of labor and training.

(b) "Journeyperson sprinkler fitter" means any person who has completed a four (4) year apprentice program and/or has passed a journeyperson sprinkler fitter examination and who by himself or herself does work in fire protection sprinkler systems subject to provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this chapter.

(c) "Journeyperson sheet metal worker" means any person who has completed a five (5) four (4) year apprentice program and/or has passed a journeyperson sheet metal worker examination and who by himself or herself does sheet metal work subject to provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this chapter.

28-27-4.4. "Master mechanical contractor" defined -- License fee. -- (a) "Master mechanical contractor" means any person who has a combined experience in pipefitting, heating, and heavy refrigeration background as a mechanical contractor of more than twenty (20) years has worked as a contractor and has been associated in both trades of pipefitting and refrigeration for at least ten (10) years as a Rhode Island Licensed Pipefitter Master I and at least ten (10) years as a Rhode Island Licensed Refrigeration Master I, and who is shall be designated as a master mechanical contractor subject to provisions of this chapter or the rules and regulations and licensing criteria promulgated under this chapter.

(b) The license fee for a master mechanical contractor is one two hundred dollars ($100). ($200).

28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson's license. -- (a) Any person who has qualified previously for the electrician's F certificate and the P.J.F. II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. limited journeyperson II oil burnerperson's license by application to the division on an approved application and with payment of the applicable fee as detailed in this chapter. This licensee cannot be self employed and is limited to domestic oil burner service work, burner, tank, and oil line installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show proof of completion of a trade sponsored program or a trade related program offered by a recognized college. All programs must have prior approval of the department of labor and training before licenses are issued.

(b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor class II as detailed under section 28-27-4.

(c) The above provisions are similar for all most limited licenses under chapter 27 of this title.

(d) Fees are as follows:

(1) Apprenticeship fee is twenty-five dollars ($25.00) with birthmonth licensing;

(2) License fee is sixty dollars ($60.00) with birthmonth licensing;

(3) Renewal fee is sixty dollars ($60.00) with birthmonth licensing;

(e) The fees collected are deposited as general revenues.

28-27-19. License displayed in place of business. -- In every place in this state within and from which a pipefitter or refrigeration/air conditioning or fire protection sprinkler systems or air distribution business is conducted as specified for a pipefitter or refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or sheet metal contractor there shall be at all times a certificate of license as provided in this chapter. The certificate shall contain the name, address, social security number, state license number, classification, and limitations, if any, on the license. All vehicles used in those businesses shall be identified as being regulated by the bureau and will display an approved decal with similar information. with no less than three (3) inch lettering, the contractors category, license number, and company name.

28-27-20. Municipal inspections and installation permits. -- Nothing in this chapter prohibits any city or town from providing for a pipefitter or refrigeration/air conditioning or fire protection sprinkler systems or air distribution systems inspection or from requiring permits for the installation, maintenance, repair and servicing of pipefitting or refrigeration/air conditioning or fire protection sprinkler systems or air distribution systems and collecting fees for licenses and permits. Whenever a permit is required under this section, a condition of its issuance shall be that the contractor's license number and a copy of the contractors license be first affixed on the permit which must be signed by the contractor.

SECTION 2. This act shall take effect upon passage.


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