ARTICLE
17 AS AMENDED
RELATING TO
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SECTION 1. Sections 46-12-4 and 46-12-4.1 of the General
Laws in Chapter 46-12
entitled “Water Pollution” are hereby repealed.
§ 46-12-4. Pollution monitoring system. – The director
shall establish a pollution
monitoring system, and a fee system for point source dischargers
who discharge sewage into the
surface waters of the state. Money derived from the fee
system shall be deposited as general
revenues. The director shall monitor the levels of
conventional and hazardous pollutants
especially toxic pollutants discharged into the surface waters
and shall assess the impact thereof.
Nothing herein shall be deemed to apply to dredging,
disposal of dredge materials and/or the
transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.
§ 46-12-4.1. Fees – Limits – Recovery of costs. – The fee
established by the director
pursuant to § 46-12-4 shall be based on the individual
discharger's need for monitoring and the
effluent's potential for environmental degradation as determined
by the director; provided,
however, that any fees charged dischargers shall be in
addition to and not substituted for funds
appropriated by or monitoring required by the state or federal
government for similar purposes;
and further provided:
(1) The director
shall annually adopt by regulation, in accordance with the provisions of
chapter 35 of title 42, the maximum cost of the monitoring
program for the next fiscal year. The
fee charged any discharger shall not exceed the actual
cost of the pollution monitoring program of
that discharger.
(2) The operating
authority for any publicly owned treatment facility is hereby
empowered to recover any costs incurred under the provisions of
this chapter, including
administrative costs, by levying an assessment on their customers.
Money derived from the fees
shall be deposited as general revenues and shall be usable to
match any federal funds
appropriated for these purposes.
SECTION 2. Sections 46-13.2-1, 46-13.2-2, 46-13.2-3,
46-13.2-4, 46-13.2-5, and 46-
13.2-7 of the General Laws
in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are
hereby amended to read as follows:
46-13.2-1.
Definitions. -- For the purpose of this chapter:
(1) "Abandoned
well" means a well whose use has been permanently discontinued; (1)
“Building official” means the local building official
authorized in accordance with section 23-
27.3-107 or the state building code commissioner
authorized in accordance with section 23-27.3-
108.2, as applicable;
(2) "Board"
means the well drilling contractors’ registration and licensing
board;
(3) "Director"
means the director of the department of environmental management;
(4)
"Groundwater" means subsurface water;
(5)(3)"Person"
means an individual, partnership, corporation, association, or
organization, or any combination thereof;
(6)(4)"Well"
means an artificial sanitary excavation or opening in the ground, by which
groundwater can be obtained or through which it flows under
natural pressure or is artificially
withdrawn; and for the purposes of this chapter, excepting
section 46-13.2-3(c), attached as an
appurtenance to a building or structure.
(7)(5)"Well
driller drilling contractor" means a person who engages in
well drilling,
including the installation pumps as provided herein;
(8)(6)"Well
drilling" means and includes the industry, procedure and all operations
engaged in by any person, full-time or part-time, for
compensation or otherwise, to obtain water
from a well or wells by drilling, or other methods, for
any purpose or use.
(7) "Appurtenance"
means and includes the installation, alteration or repair of wells
connected to a structure.
46-13.2-2.
-- (a) There shall be a board to be known
as the
The board shall consist of seven (7) residents of the
state appointed by the governor; one member
shall be a member of the general public; three (3) members
shall be active well drillers or pump
installers who shall have had at least five (5) years experience
as such; one member shall be an
employee of the department of health; one member shall be an
employee of the department of
environmental management, environmental protection branch; and one
member shall be a
hydrologist experienced in well construction; four (4) members
shall constitute a quorum.
(b) The board shall
meet within thirty (30) days after its members are first appointed,
and, thereafter, at least three (3) times a year. The
board shall elect a chairperson and a secretary
annually from its membership. The secretary shall keep a
complete record of all meetings and
proceedings of the board and shall perform the usual duties
pertaining to the office.
(c) No member of the
board shall be compensated for their service including state
employees who shall only be entitled to their usual and
customary salary and not any additional
compensation.
46-13.2-2.
Purpose. -- The purpose of this act is to
promote public health and welfare
and protect the environment by providing specifying
standards for the installation of a well and
providing a mechanism to ensure that all well drilling
contractors conducting business in the state
of
adequately install water wells within this state.
46-13.2-3.
Regulations. -- (a) For the purpose of
safeguarding the public health, the
director, and the board shall promote and encourage cooperation
among well drillers and
governmental agencies in the development and protection of records
of underground water
formations and resources. The director shall prepare and
disseminate such information as may be
necessary for the benefit of the industry and the public.
(b) The director
100.1.5 shall by no later than December 31, 2013 promulgate
regulations incorporate in the
appropriate portions of the state building codes establishing minimum standards for the
location,
design, construction and installation, and
maintenance of wells that are appurtenances to
buildings in consultation with the board, the department
of health, and the division of statewide
planning and the department of environmental management,
with due regard for the preservation
of public health, the preservation, allocation,
and management of the groundwater of the state, the
protection of the consuming public, and the maintenance of
geological and other scientific data
protection of public welfare and the environment.
(b) In those
circumstances in which compliance with the requirements for locating a new
or replacement well would result in undue hardship,
property owners may seek a variance from
any one or more of the siting
requirements, in accordance with the following:
(1) Except as
specified in (3), from the building code board of appeals authorized in the
municipality with jurisdiction over the property on which the well
is proposed;
(2) Except as
specified in (3), in the absence of a local building code board of appeals,
from the state building code board of appeals; and
(3) From the
department of environmental management in all cases in which the well is
proposed to be installed as part of an application for the new
construction of or repair of an on-
site wastewater disposal system. The appropriate authority
specified above may grant a variance
to the extent necessary to ameliorate the undue hardship
and to the extent the exemption can be
granted without impairing the intent and purpose of this
chapter.
(c) Any
regulations or amendments thereto promulgated by the director under this
chapter
shall be submitted to the board for approval. To protect public health and the environment, the
applicable to the owners of on-site wastewater systems that
limit the installation of any type of
well, including wells installed for irrigation systems,
near the on-site wastewater treatment
systems on the owner’s property.
46-13.2-4. Registration
for well drilling contractors and pump installers –
Suspension or revocation. -- Registration and
licensing of well drilling contractors and
pump installers. -- (a) Subject
to the approval of the board, the director shall establish
registration requirements setting forth minimum standards for well
drilling contractors and pump
installers. The well drilling contractors shall be required to
have ability and proficiency in the
skill of well drilling demonstrated by experience or
training and sufficient financial resources to
have and maintain adequate tools and machines for the
work. After the publication of these
regulations by the director, a person, before engaging in the
business of well drilling or pump
installing, shall obtain a certificate of registration annually
as a well drilling contractor or pump
installer. The applicant shall pay a registration fee of two
hundred dollars ($200) and an annual
renewal registration fee of one hundred dollars ($100). A
certificate of registration is not
transferable and expires one year after issuance. After the
renewal date, a certificate of
registration may be renewed only upon application for renewal and
payment of a late fee of ten
dollars ($10.00) in addition to the regular registration fee.
A lost, destroyed, or mutilated
certificate may be replaced by a duplicate upon payment of a fee
of two dollars ($2.00). One seal
shall be issued to each registrant as provided in
subsection (b) of this section, and additional seals
may be obtained at a fee of two dollars ($2.00) each. No person shall install a well or a pump
within a water well unless registered or licensed with the
proper authorities in accordance with
this chapter, chapter 5-65 and chapter 5-65.2 of the
contractors are subject to the jurisdiction of the contractors’
registration and licensing board
including the registration procedures of the board authorized
by chapter 5-65 and in effect at the
time of passage of this act.
(b) A well drilling
contractor or pump installer shall place in a conspicuous location on
both sides of his or her well drilling machine or service
rig, his or her registration number in
letters not less than two inches (2") high. A seal
furnished by the director of the department of
environmental management designating the year the certificate of
registration was issued or
renewed, and the words "
installation contractor" , shall be affixed directly adjacent
to the registration number.
(c)(b) A
municipality engaged in well drilling shall be exempt from the registration or
license provisions of this chapter if the drilling is done by
regular employees of, and with
equipment owned by, the municipality, and the work is on wells
intended for use by the
municipality.
(d)(c)
This chapter shall not restrict a plumber or electrician from engaging in the
trade
for which he or she has been licensed.
(e) (1) A certificate
of registration may be refused, or a certificate of registration duly
issued may be suspended or revoked, or the renewal thereof
refused by the director on the
director's own investigation and motion or upon motion of an
interested party or motion of the
board if the director has good and sufficient reason to
believe or finds that the applicant for or the
holder of a certificate has:
(1) Made a material
misstatement in the application for a registration or any application
for renewal thereof; or
(ii) Obtained the
registration through willful fraud or misrepresentation; or
(iii) Demonstrated
incompetency to act as a well driller as determined by the director; or
(iv)
Been guilty of failure to comply with the provisions of this
chapter or the rules and
regulations issued pursuant hereto; or
(v)
Refused to file reports of wells drilled as required by § 46-13.2-5; or
(vi)
Has been found guilty by a court of competent jurisdiction, of
any fraud, deceit, gross
negligence, incompetence, or misconduct in the industry,
operations, or business of well drilling.
(2) Before any
certificate of registration shall be refused, suspended, or revoked, or the
renewal thereof refused, the director shall give notice of
the intention to do so by registered mail.
Upon receipt of the notice, the person affected may,
within ten (10) days, request a hearing. No
revocation or suspension of a registration shall take place
until the hearing is completed unless
the director shall find immediate revocation or
suspension is necessary to avoid imminent peril to
life or property.
(3) Appeal from the decisions
of the director may be taken within thirty (30) days after
the decision of the commissioner, to the superior court
in accordance with the provisions of § 42-
35-15.
(f) The director
shall prepare a roster of all registered well drillers and pump installers
and distribute the roster annually to the local building
inspector, if there is one, and the town clerk
of each town.
(g) Any well driller
or pump installer registered as of July 1, 1987, shall be deemed to be
registered under this chapter, but shall comply with the other
provisions of this chapter.
(h) After one year
from the date of refusal or revocation of a certificate of registration, an
application to register may be made again by the person affected.
46-13.2-5.
Record of wells. -- (a) Within
thirty (30) ten (10) days after completion of a
new or replacement
well, a well drilling contractor shall provide the owner, the board, the
building official and
the department of health, the department of environmental management a
record well installation report conforming to the form,
content, and means specified by the
department of health. indicating This well installation report will at a
minimum indicate:
(1) The well owner's
name and address,
(2) The physical
location of the well,
(3) The well depth,
(4) The geologic
materials and thickness of materials penetrated,
(5) The amount length
and type of casing,
(6) The static water
levels, and
(7) The results of a
well yield test that conforms to industry standards, and
(7)(8) Any
other additional information which may be required by regulations
adopted
under this chapter
the department of health.
(b) A record for a
drive point well where no earth materials are removed from the well
bore shall be sufficient if the owner's name, well
location, depth, casing, static water level, and
screen data are indicated.
46-13.2-7. Well constructed for farming or private use. -- A landowner
may drill
construct his or her own well to provide water for the
consumption by himself or herself, his or
her family, pets, livestock, or for farming of his or her
land where the water obtained shall not be
intended for use by the general public or in any residence
other than the landowner's, and the
landowner shall not be required to be registered under §
46-13.2-4, but must submit the drilling
record a well installation report as required by §
46-13.2-5 and comply with all applicable
regulations and codes of construction adopted under this chapter and
section 23-27.3 and comply
as applicable with requirements of section 23-1-5.3.
SECTION 3. Sections 46-13.2-6, 46-13.2-8, and 46-13.2-10 of
the General Laws in
Chapter 46-13.2 entitled
“Drilling of Drinking Water Wells” are hereby
repealed.
§ 46-13.2-6. Wells constructed for oil, gas, brine, or mining. – Drilling,
excavating,
and pumping associated with the oil, gas, or brine well
industries, and the construction, quarrying,
and mining industries, and the disposal of any materials
shall be subject to this chapter only
insofar as they relate to the pollution and depletion of
underground water resources.
§ 46-13.2-8. Exemptions. – Where the director finds that
compliance with all
requirements of this chapter or regulations adopted pursuant
thereto would result in undue
hardship, an exemption from any one or more of the
requirements may be granted by the director
to the extent necessary to ameliorate the undue hardship
and to the extent the exemption can be
granted without impairing the intent and purpose of this
chapter.
§ 46-13.2-10. Violations. Any person who engages in well
drilling or offers to engage in
well drilling, or advertises or holds himself or herself
out or acts temporarily or otherwise as a
well driller, without first having obtained the required
certificate of registration, and any person
who violates any provisions of this chapter, including,
but not limited to, the accurate reporting of
wells drilled, shall be guilty of a misdemeanor and shall
be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment for not
more than one year, and each day that
violation shall continue shall be deemed a separate offense.
SECTION 4. Sections 5-65-1, 5-65-3 and 5-65-5 of the General
Laws in Chapter 5-65
entitled “Contractors’ Registration and Licensing Board” are
hereby amended to read as follows:
5-65-1.
Definitions. -- As used in this chapter:
(1) "Board"
means the contractors' registration and licensing board established pursuant
to the provisions of
(2)
"Commission" means the building code commission supportive of the
contractors'
registration and licensing board.
(3) (i) "Contractor" means a
person who, in the pursuit of an independent business,
undertakes or offers to undertake or submits a bid, or for
compensation and with or without the
intent to sell the structure arranges to construct, alter,
repair, improve, move over public
highways, roads or streets or demolish a structure or to
perform any work in connection with the
construction, alteration, repair, improvement, moving over public
highways, roads or streets or
demolition of a structure, and the appurtenances thereto. For
the purposes of this chapter,
“appurtenances” includes the
installation, alteration or repair of wells connected to a structure
consistent with chapter 46-13.2. "Contractor" includes, but is not limited to,
any person who
purchases or owns property and constructs or for compensation
arranges for the construction of
one or more structures.
(ii) A certificate of
registration is necessary for each "business entity" regardless of
the
fact that each entity may be owned by the same individual.
(4) "Dwelling
unit" means a single unit providing complete independent living facilities
for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and
sanitation.
(5) "Hearing
officer" means a person designated by the executive director, to hear
contested claims or cases, contested enforcement proceedings,
and contested administrative fines,
in accordance with the Administrative Procedures Act, chapter
35 of title 42.
(6) "Monetary
damages" means the dollar amount required in excess of the contract
amount necessary to provide the claimant with what was
agreed to be provided under the terms of
the contract reduced by any amount due and unpaid to the
respondent inclusive of any and all
awards and restitution.
(7) "Staff"
means the executive director for the contractors' registration and licensing
board, and any other staff necessary to carry out the
powers, functions and duties of the board
including inspectors, hearing officers and other supportive
staff.
(8) "State"
means the state of
(9)
"Structure" means (i) any commercial
building; or (ii) any building containing one or
more residences and their appurtenances. The board's
dispute resolution process shall apply only
to residential structures containing dwelling units as
defined in the state building code or
residential portions of other types of buildings without regard
to how many units any structure
may contain. The board retains jurisdiction and may
conduct hearings regarding violations
against all contractors required to be registered or licensed
by the board.
(10)
"Substantially" means any violation, which affects the health,
safety, and welfare of
the general public.
5-65-3.
Registration for work on a structure required of contractor -- Issuance of
building permits to unregistered or unlicensed contractors
prohibited -- Evidence of activity
as a contractor -- Duties of contractors. -- (a) A person shall not undertake, offer to undertake,
or submit a bid to do work as a contractor on a
structure or arrange to have work done unless that
person has a current, valid certificate of registration for
all construction work issued by the board.
A partnership, corporation, or joint venture may do
the work, offer to undertake the work, or
submit a bid to do the work only if that partnership,
corporation, or joint venture is registered for
the work. In the case of registration by a corporation or
partnership, an individual shall be
designated to be responsible for the corporation's or
partnership's work. The corporation or
partnership and its designee shall be jointly and severally
liable for the payment of the
registration fee, as requested in this chapter, and for violations
of any provisions of this chapter.
Disciplinary action taken on a registration held by a
corporation, partnership, or sole proprietor
may affect other registrations held by the same corporation,
partnership, or sole proprietorship,
and may preclude future registration by the principal of
that business entity.
(b) A registered
partnership or corporation shall notify the board in writing immediately
upon any change in partners or corporate officers.
(c) A city, town, or
the state shall not issue a building permit to anyone required to be
registered under this chapter who does not have a current, valid
certificate of registration
identification card or valid license which shall be presented at the
time of issuance of a permit
and shall become a condition of a valid permit. Each
city, town, or the state which requires the
issuance of a permit as a condition precedent to construction,
alteration, improvement,
demolition, movement or repair of any building or structure or
the appurtenance to the structure
shall also require that each applicant for the permit file
as a condition to issuing the permit a
written affidavit subject to the penalties of perjury,
subscribed by the applicant, that the applicant
is registered under the provisions of this chapter,
giving the number of the registration and stating
that the registration is in full force and effect, or, if
the applicant is exempt from the provisions of
this chapter, listing the basis for the exemption. The
city, town, or the state shall list the
contractor's registration number on the permit obtained by that
contractor, and if a homeowner is
issued a permit, the building inspector or official must
ascertain registration numbers of each
contractor on the premises and shall inform the registration
board of any non-registered
contractors performing work at the site.
(d) Every city and town
which requires the issuance of a business license as a condition
precedent to engaging, within the city or town, in a business
which is subject to regulation under
this chapter, shall require that each licensee and each
applicant for issuance or renewal of the
license file, or has on file, with the city or town a signed
statement that the licensee or applicant is
registered under the provisions of this chapter and stating that
the registration is in full force and
effect.
(e) It shall be prima
facie evidence of doing business as a contractor when a person for
that person's own use performs, employs others to perform,
or for compensation and with the
intent to sell the structure, arranges to have performed any
work described in section 5-65-1(3) if
within any one twelve (12) month period that person offers for
sale one or more structures on
which that work was performed.
(f) Registration under
this chapter shall be prima facie evidence that the registrant
conducts a separate, independent business.
(g) The provisions of
this chapter shall be exclusive and no city or town shall require or
shall issue any registrations or licenses nor charges any
fee for the regulatory registration of any
contractor registered with the board. Nothing in this subsection
shall limit or abridge the authority
of any city or town to license and levy and collect a
general and nondiscriminatory license fee
levied upon all businesses, or to levy a tax based upon
business conducted by any firm within the
city or town's jurisdiction, if permitted under the laws
of the state.
(h) (1) Every contractor shall maintain a list which shall include
the following
information about all subcontractors or other contractors
performing work on a structure for that
contractor:
(i)
Names and addresses.
(ii) Registration
numbers or other license numbers.
(2) The list referred
to in subdivision (h)(1) of this subsection shall be
delivered to the
board within twenty-four (24) hours after a request is made
during reasonable working hours, or a
fine of twenty-five dollars ($25.00) may be imposed for
each offense.
(i)
The following subcontractors who are not employees of a registered contractor
must
obtain a registration certificate prior to conducting any
work: (1) carpenters, including finish
carpenters and framers; (2) siding installers; (3) roofers; (4)
foundation installers, including
concrete installers and form installers; (5) drywall
installers; (6) plasterers; (7) insulation
installers; (8) ceramic tile installers; (9) floor covering
installers; (10) swimming pool installers,
both above ground and in ground; (11) masons, including
chimney installers, fireplace installers,
and general masonry erectors. This list is not all
inclusive and shall not be limited to the above
referenced contractors. No subcontractor licensed by another
in-state agency pursuant to section
5-65-2 shall be required to register, provided that
said work is performed under the purview of
that license.
(j) A contractor
including, but not limited to, a general contractor, shall not hire any
subcontractor or other contractor to work on a structure unless the
contractor is registered under
this chapter or exempt from registration under the
provisions of section 5-65-2.
(k) A summary of this chapter,
prepared by the board and provided at cost to all
registered contractors, shall be delivered by the contractor to
the owner when the contractor
begins work on a structure; failure to comply may result in
a fine.
(l) The registration
number of each contractor shall appear in any advertising by that
contractor. Advertising in any form by an unregistered
contractor shall be prohibited, including
alphabetical or classified directory listings, vehicles, business
cards, and all other forms of
advertisements. The violations could result in a penalty being
assessed by the board per
administrative procedures established.
(i)
The board may publish, revoke or suspend registrations and the date the
registration
was suspended or revoked on a quarterly basis.
(ii) Use of the word
"license" in any form of advertising when only registered may
subject the registrant or those required to be registered to
a fine of one hundred dollars ($100) for
each offense at the discretion of the board.
(m) The contractor must
see that permits required by the state building code are secured
on behalf of the owner prior to commencing the work
involved. The contractor's registration
number must be affixed to the permit as required by the
state building code.
(n) The board may
assess an interest penalty of twelve percent (12%) annually when a
monetary award is ordered by the board.
(o) All work performed,
including labor and materials, in excess of one thousand dollars
($1,000) shall be accompanied by a contract in
writing. Contracts required pursuant to this
subsection shall include a location on or near the signature
line location on or in which the parties
to the contract shall initial to evidence the receipt of
certain consumer education materials or
information approved and provided by the board to the contractor.
Said educational materials
and/or information shall include, but not be limited to, the
following notice and shall be provided
by the contractor to the homeowner:
NOTICE OF POSSIBLE
MECHANIC'S LIEN
To: Insert name of
owner, lessee or tenant, or owner of less than the simple fee.
The undersigned is about
to perform work and/or furnish materials for the construction,
erection, alterations or repair upon the land at (INSERT
ADDRESS) under contract with you.
This is a notice that the undersigned and any other
persons who provide labor and materials for
the improvement under contract with the undersigned may
file a mechanic's lien upon the land in
the event of nonpayment to them. It is your
responsibility to assure yourself that those other
persons under contract with the undersigned receive payment
for their work performed and
materials furnished for the construction, erection, alteration
or repair upon the land. Failure to
adhere to the provisions of this subsection may result in a
one thousand dollar ($1,000) fine
against the contractor and shall not affect the right of any
other person performing work or
furnishing materials of claiming a lien pursuant to Chapter
34-28. However, such person failing
to provide such notice shall indemnify and hold harmless
any owner, lessee or tenant, or owner of
less than the fee simple from any payment or costs
incurred on account of any liens claims by
those not in privity with them,
unless such owner, lessee or tenant, or owner of less than the fee
simple shall not have paid such person.
(p) Contracts entered
into must contain notice of right of rescission as stipulated in all
pertinent
(q) The contractor must
stipulate whether or not all the proper insurances are in effect for
each job contracted.
(r) Contractors who are
in compliance with the provisions of this subsection shall be
exempt from the requirements of section 34-28-4.1.
(s) In addition to
the requirements of this chapter, contractors engaged in well drilling
activities shall also be subject to regulations pertaining to
licensing and registration promulgated
by the contractors’ registration and licensing board
pursuant to chapter 5-65.2 and section 46-
13.2-4.
5-65-5. Registered application. -- (a) A person who wishes
to register as a contractor
shall submit an application, under oath, upon a form prescribed
by the board. The application
shall include:
(1)
Workers' compensation insurance account number, or company name if a number has
not yet been obtained, if applicable;
(2) Unemployment
insurance account number if applicable;
(3) State withholding
tax account number if applicable;
(4) Federal employer
identification number, if applicable, or if self-employed and
participating in a retirement plan;
(5) The individual(s)
name and business address and residential address of:
(i)
Each partner or venturer, if the applicant is a
partnership or joint venture;
(ii) The owner, if the
applicant is an individual proprietorship;
(iii) The corporation
officers and a copy of corporate papers filed with the
secretary of state's office, if the applicant is a corporation;
(iv)
Post office boxes are not acceptable as the only address.
(6) A signed affidavit
subject to the penalties of perjury of whether or not the applicant
has previously applied for registration, or is or was an
officer, partner, or venturer of an applicant
who previously applied for registration and if so, the
name of the corporation, partnership, or
venture.
(7) Valid insurance
certificate for the type of work being performed.
(b) A person may be
prohibited from registering or renewing registration as a contractor
under the provisions of this chapter or his or her
registration may be revoked or suspended if he
or she has any unsatisfied or outstanding judgments from
arbitration, bankruptcy, courts and/or
administrative agency against him or her relating to their work as a
contractor, and provided,
further, that an affidavit subject to the penalties of
perjury shall be provided to the board attesting
to the information herein.
(c) Failure to provide
or falsified information on an application, or any document
required by this chapter is punishable by a fine not to exceed
ten thousand dollars ($10,000).
(d) Applicant must be at
least eighteen (18) years of age.
(e) Satisfactory proof
shall be provided to the board evidencing the completion of five (5)
hours of continuing education units which will be required
to be maintained by residential
contractors as a condition of registration as determined by the
board pursuant to established
regulations.
(f) An affidavit issued
by the board shall be completed upon registration or license or
renewal to assure contractors are aware of certain provisions
of this law and shall be signed by
the registrant before a registration can be issued or
renewed.
SECTION 5. Section 23-27.3-100.1.5 of the General Laws in
Chapter 23-27.3 entitled
“
state building standards committee has the authority to
adopt, promulgate, and administer a state
building code, which shall include: (a) provisions and
amendments as necessary to resolve
conflicts between fire safety codes and building codes, as
provided for in § 23-28.01-6; and (b) a
rehabilitation building and fire code for existing buildings and
structures. The building code may
be promulgated in several sections, with a section
applicable to one and two (2) family dwellings,
to multiple dwellings and hotels and motels, to general
building construction, to plumbing
including and to electrical. The building code shall
incorporate minimum standards for the
location, design, construction and installation of wells which
are appurtenances to a building in
applicable sections. For purposes of this chapter,
"appurtenance" includes the installation,
alteration or repair of wells connected to a structure
consistent with chapter 46-13.2. The
building
code and the sections thereof shall be reasonably
consistent with recognized and accepted
standards adopted by national model code organizations and
recognized authorities. To the extent
that any state or local building codes, statutes, or
ordinances are inconsistent with the Americans
with Disabilities Act, Title III, Public Accommodations
and Services Operated by Private
Entities, 42 U.S.C. § 12181 et seq., and its
regulations and standards, they are hereby repealed.
The state building code standards committee is hereby
directed to adopt rules and regulations
consistent with the Americans with Disabilities Act, Title II
and III (28 CFR 35 and 28 CFR 36,
as amended), as soon as possible, but no later than
February 15, 2012, to take effect on or before
March 15, 2012. The state building code standards
committee is hereby authorized and directed to
update those rules and regulations consistent with the
future revisions of the Americans with
Disabilities Act Accessibility
Standards.
SECTION 6. Title 5 of the General laws entitled “BUSINESSES
AND PROFESSIONS”
is hereby amended by adding thereto the following
chapter:
CHAPTER
5-65.2
5-65.2-1.
Short title. – This chapter shall be known and
may be cited as the “Rhode
5-65.2-2.
Definitions. – When used in this chapter:
(1) “Board” means the
contractors’ registration and licensing board.
(2) “Person” means an
individual, partnership, corporation, association, or organization,
or any combination thereof.
(3) “Well” means an
artificial sanitary excavation or opening in the ground, by which
groundwater can be obtained or through which it flows under
natural pressure or is artificially
withdrawn; and for the purposes of this chapter attached as an
appurtenance to a building or
structure.
(4) “Well drilling
contractor” means a person who engages in well drilling; including the
installation of pumps as provided herein.
(5) “Well drilling”
means and includes the industry, procedure and all operations engaged
in by any person, full-time or part-time, for
compensation or otherwise, to obtain water from a
well or wells by drilling, or other methods, for any
purpose or use.
5-65.2-3.
Licensing procedure. – (a) In
addition to the provisions of chapter 5-65, the
contractors’ registration and licensing board is authorized to
establish a program to license well
drilling contractors to ensure persons performing well
drilling work as properly qualified to
conduct the work. On or before January 1, 2014, the board
shall promulgate regulations to
establish a licensing program that provides for appropriate
categories of well drilling work to
ensure proper qualifications pertaining to the use of
different equipment and approaches to install
wells and well pumps, and that will allow the well drilling
contractor to fulfill the registration
requirements of 5-65 through the licensing program. Upon
promulgation of applicable
regulations, the license issued by the board to a well drilling
contractor shall serve to fulfill the
contractor registration requirements of chapter 5-65.
(b)
Pursuant to board regulations, all persons seeking to be qualified as a
licensed well
drilling professional shall submit an application to the
contractors’ registration and licensing
board on the form or forms that the board requires. As
specified by the board, the application
shall include the following information:
(1) The name of the
applicant;
(2) The business
address of the applicant;
(3) The mailing
address of the applicant;
(4) The telephone
number of the applicant;
(5) Any registration
number and/or other license numbers issued by the state, or any city
or town;
(6) A statement of
the skills, training and experience of the applicant sufficient to ensure
public safety, health and welfare; and
(7) Agent of service
for out-of-state contractors.
(c) To be eligible
for licensure as a well drilling contractor an applicant shall also fulfill
the following requirements:
(1) Be of good moral
character;
(2) Pass appropriate
examinations approved or administered by the contractors’
registration and licensing board unless otherwise exempted in
accordance with subsection 5-65-
3(g) and has met all the requirements of the rules and
regulations established by the board;
(3) Be in good
standing with the contractors’ registration and licensing board;
(4) Take ten (10)
hours continuing education per year as set forth and recognized by the
contractors’ registration and licensing board;
(d) The contractors’
registration and licensing board is authorized to adopt rules and
regulations pursuant to the Administrative Procedures Act,
chapter 35 of title 42, necessary to
effectuate the purpose of this chapter. Rules and regulations
shall provide a fine schedule, which
will establish grounds for discipline for license holders
or non-licensed contractors. Fines shall be
structured not to exceed five thousand ($5,000) dollars per day
per offense for conduct injurious
to the welfare of the public as well as those required
pursuant to section 5-65-10.
(e) Any person
applying for a license or registration and making any material
misstatement as to his or her experience or other qualifications,
or any person, firm, or
corporation subscribing to or vouching for any misstatement shall
be subject to the discipline and
penalties provided in section 5-65-10.
(f) No corporation,
firm, association, or partnership shall engage in the business of well
drilling or represent itself as a well drilling contractor
unless a licensed commercial well drilling
professional as provided in this chapter is continuously engaged
in the supervision of its well
drilling work, provided that the well drilling professional is
a general partner or an officer and
shareholder in the firm or corporation. If the license holder
dies or otherwise becomes
incapacitated, the corporation, firm, or association shall be
allowed to continue to operate until
the next examination shall be given or such times as the
board shall see fit. In no event, shall the
corporation, firm, association, or partnership continue to operate
longer than twelve (12) months
or in accordance with the board’s established rules and
regulations without satisfying the license
requirements of this chapter.
(g) Those well
drilling contractors who were previously registered with the department of
environmental management, and remain in good standing as of
December 31, 2012, and that were
previously exempted from fulfilling the testing requirements
required for registration by the
department shall also be exempt form the testing requirements
set forth in this chapter.
5-65.2-4.
Fees. – All persons seeking a well drilling
professional license shall submit a
payment in the amount of two hundred dollars ($200), which
shall support the licensing program,
representing a license fee. All fines and fees collected pursuant
to this chapter shall be deposited
into a restricted receipt account for the exclusive use of
supporting programs established by the
board.
SECTION
7. Section 1 of this article shall take effect as of July 1, 2012.
Sections 2, 3, 4,
5 and 6 of this article shall take effect as of
January 1, 2013.