| Chapter 031 |
| 2016 -- H 7868 AS AMENDED Enacted 05/23/2016 |
| 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 |
| It is enacted by the General Assembly as follows: |
| 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- |
| 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 |
| and 5-20-36 of the General Laws in Chapter 5-20 entitled "Plumbers and Irrigators" are hereby |
| amended to read as follows: |
| 5-20-3. "Master plumber" defined. -- (a) "Master plumber", as used in this chapter, |
| means any person who, as an independent contractor, engages in this state in the business of |
| installation, maintenance, or repair of plumbing in the building or upon the premises where that |
| plumbing, as defined in § 5-20-2, is or is to be located, either by contract or agreement with the |
| owner, lessee, tenant, or agent of those premises or building, or who employs one or more |
| journeyperson plumbers, one or more plumber's apprentices, or other persons to assist in that |
| installation, maintenance, or repair work or who performs any acts specified in this chapter for |
| performance by a "master plumber". |
| (b) A person holding a valid master plumbers license under this chapter shall not be |
| required to obtain an additional license under this chapter to perform master irrigation work or |
| master water filtration/treatment system work. |
| 5-20-4. "Journeyperson plumber" defined. -- (a) "Journeyperson plumber", as used in |
| this chapter, means any employee, except an apprentice plumber as subsequently defined, whose |
| principal occupation is the installation, maintenance, or repair of plumbing, as defined in § 5-20- |
| 2. |
| (b) A person holding a valid journeyperson license under this chapter shall not be |
| required to obtain an additional license under this chapter to perform journeyperson irrigation |
| work or master water-filtration/treatment system work. |
| 5-20-8. Practices for which master's license required. -- No person shall engage in this |
| state in the business of plumbing as a master plumber, or irrigation as a master irrigator, or |
| commercial water-filtration/treatment work as a master water-filtration/treatment-system |
| installer; or as an employer of a journeyperson plumber, or journeyperson irrigator, journeyperson |
| water-filtration/treatment-system installer or plumber's apprentice, or apprentice irrigator, or |
| apprentice water-filtration/treatment-system installer; or enter into contracts or agreements for the |
| installation, maintenance, or repair of plumbing or irrigation systems or water-filtration/treatment |
| systems; or perform any of the acts specified in this chapter for performance by a master plumber, |
| or master irrigator, or master water-filtration/treatment-system installer; or advertise or represent |
| in any form or manner that they are a master plumber, or master irrigator, or master water- |
| filtration/treatment-system installer; or that they will install plumbing, or irrigation systems, or |
| commercial water-filtration/treatment systems, unless that person possesses a certificate of |
| license in full force and effect from the department of labor and training specifying that person as |
| a master plumber, or master irrigator, or master water-filtration/treatment-system installer. That |
| person shall carry the certificate on their person at all times while so engaged, and shall affix their |
| plumber's license number or master irrigator's license number to any contract they execute or bid |
| filed with any person for their professional services and to any applicable permit required for the |
| performance of those services. |
| 5-20-9. Acts for which journeyperson's license required. -- No person shall engage to |
| work as a journeyperson plumber, or journeyperson irrigator, journeyperson water- |
| filtration/treatment-system installer or represent in any form or manner that he or she is a |
| journeyperson plumber, or journeyperson irrigator, journeyperson water-filtration/treatment- |
| system installer, unless that person possesses and carries on his or her person at all times while |
| engaged, a certificate of license in full force and effect from the department of labor and training |
| specifying that person as a journeyperson plumber, or journeyperson irrigator, or journeyperson |
| water-filtration/treatment-system installer employed by the properly licensed, master-permit |
| holder. |
| 5-20-10. Work for which apprentice certificate required. -- No person shall engage to |
| work as an apprentice plumber, unless that person possesses and carries on his or her person at all |
| times while engaged, a certificate of registration in full force and effect from the department of |
| labor and training specifying that person as an apprentice plumber, or an apprentice irrigator, or |
| an apprentice water-filtration/treatment-system installer. |
| 5-20-12. Corporations and firms engaging in business. -- (a) No corporation, firm, |
| association, partnership, or other entity shall engage in business, advertise, make application for |
| and take out permits, bid for work, or represent itself as a master plumber, or a master irrigator, or |
| master water-filtration/treatment-system installer unless: |
| (1) A licensed master plumber, as provided in this chapter, shall be continuously |
| engaged in the supervision of the entity's plumbing installation, irrigation installation, commercial |
| water-filtration/treatment-system installation, maintenance, and repair work and the licensed |
| master is an officer of the corporation, a partner in the partnership, or a similarly authorized |
| principal of any firm, association, or other entity; or |
| (2) The entity possesses a valid plumbing contractor's, or master irrigator's license, or |
| master water-filtration/treatment-system installer's license duly issued by the department of labor |
| and training as described in subsection (b) of this section. |
| (b) Upon application of any of the entities listed in subsection (a) of this section in form |
| and substance prescribed by the department of labor and training, and receipt of the fee for the |
| application and license which shall be equal to the fee for a master plumber's license, or master |
| irrigator's license or master water-filtration/treatment-system installer's license as described in § |
| 5-20-16, the department of labor and training shall issue the applicant entity a license as a |
| plumbing contractor, or irrigation contractor, or commercial water-filtration/treatment-system |
| contractor. The plumbing contractor's, or irrigation contractor's, or commercial water- |
| filtration/treatment-system contractor's license shall specify the name of the entity holding the |
| license and shall state that the license holder shall: |
| (1) hHave a licensed contractor master plumber, as that term is defined in § 5-20-12.1, |
| who is continuously engaged in the supervision of the entity's plumbing installation, maintenance, |
| and repair work and who is an officer of the corporation, a partner in the partnership, or a |
| similarly authorized principal of any firm, association, or other entity; or |
| (2) cContinuously employ at all times while holding the license a duly licensed master |
| plumber, or master irrigator, or master water-filtration/treatment-system installer as provided in |
| this chapter, who is continuously engaged in the supervision of the entity's plumbing installation, |
| irrigation installation, commercial water-filtration/treatment-system installation, maintenance, |
| and repair work. The plumbing contractor's, and master irrigator's, and water-filtration/treatment- |
| system installer's license shall entitle the entity holding the license to engage in business, |
| advertise, bid for work, or represent itself as a master plumber, or master irrigator, and master |
| water-filtration/treatment-system installer or a plumbing contractor and shall also entitle the |
| entity to make application for and take out permits through its duly authorized officer or similarly |
| authorized principal, as well as through the duly licensed contractor master as described in this |
| section, or the duly licensed master plumber, master irrigator or master water-filtration/treatment- |
| system installer continuously employed by the entity as stated in this section, as the case may be. |
| The contractor's license shall not, in and of itself, permit a principal, officer, employee, or agent |
| of the entity holding the license to individually engage in installation, maintenance, or repair |
| work as described above unless that principal, officer, employee, or agent is individually licensed |
| so to do. |
| (c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to |
| be permissible shall be solely of the type for which the licensed master plumber, master irrigator, |
| or master water-filtration/treatment-system installer who serves as an officer, or similarly |
| authorized principal, of the entity or who is continuously employed by the entity holding a |
| plumbing contractor's license, irrigation contractor's, or commercial water-filtration/treatment- |
| system contractor's license, is duly licensed to perform. |
| (d) Any licensed master plumber, master irrigator, or master water-filtration/treatment- |
| system installer who serves as an officer, or similarly authorized principal of this type of entity, or |
| who is continuously employed by an entity holding a plumbing, irrigation, or commercial water |
| filtration/treatment-system contractor's license shall represent the interests of one such entity and |
| only one such entity at any given time as described in this section. |
| (e) In the event that the licensed master plumber, master irrigator, or master water- |
| filtration/treatment-system installer described in this section ceases to be an officer or similarly |
| authorized principal of one of the entities described in this section, or ceases to be continuously |
| employed by an entity holding a plumbing contractor's license for any reason whatsoever, the |
| entity shall provide written notice of the cessation to the department of health no more than |
| fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected |
| shall provide written notice of the cessation to the department of labor and training specifying the |
| licensed master plumber, master irrigator or master water-filtration/treatment-system installer |
| who is replacing the departed licensed master plumber referenced in this section no more than |
| forty-five (45) days after the effective date of occurrence of the cessation. |
| (f) No corporation, firm, association, partnership, or other entity which engages in, offers |
| to engage in, or represents that it engages in plumbing installation, irrigation system installation, |
| or commercial water-filtration/treatment-system maintenance, or repair work in the state of |
| Rhode Island is permitted to incorporate, form, qualify to do business, or otherwise register with |
| the Rhode Island secretary of state's office until and unless that office has first received a written |
| confirmation from the department of labor and training that all requisite licenses to be issued by |
| the department of labor and training have been so issued and remain in good standing. |
| (g) Any willful violation of this section is grounds for revocation of license as further |
| described in § 5-20-27. |
| 5-20-14. Duties of director. -- The director of the department of labor and training shall: |
| (1) Prepare license certificates and issue them in conformity with this chapter; |
| (2) Maintain an up-to-date record specifying the names and addresses of licensed master |
| plumbers and journeyperson plumbers or master irrigators or journeyperson irrigators or master |
| water-filtration/treatment-system installers or journeyperson water-filtration/treatment-system |
| installers of this state. That record shall show dates of issuance of licenses and shall be open to |
| public inspection. Those records shall also show dates of filing of complaints and the nature of |
| those complaints for revocation of license and the date of, as well as the final order upon, those |
| complaints; and |
| (3) Prescribe standards for what constitutes a recognized college or university, and |
| determine the conformance to those standards. |
| 5-20-14.1. Grandfathering -- Licensing of irrigation masters and irrigation |
| journeypersons without examination. -- Grandfathering -- Licensing of irrigation masters, |
| irrigation journeypersons, water-filtration/treatment-system masters and water- |
| filtration/treatment-system journeypersons without examination. -- (a) After July 13, 2001, |
| and at any time prior to the expiration of twelve (12) months following July 13, 2001, the |
| authority shall, without examination, upon payment of the fees required in this chapter, issue |
| through the department of labor and training, division of professional regulation, a master |
| irrigation license or a journeyperson irrigation license to any applicant who shall present |
| satisfactory evidence that he or she has the qualifications for the type of license applied for. |
| Thereafter, in order to qualify for a master irrigation license after the initial "grandfather" |
| window, the eligible contractor shall be required to pass a written examination and show the |
| proof contained in this subsection of his or her eligibility. |
| (b) Prior to January 1, 2018, the authority shall, without examination, upon payment of |
| the fees required in this chapter, issue through the department of labor and training, division of |
| professional regulation, a master water-filtration/treatment-system installer license or a |
| journeyperson water-filtration/treatment-system installer license to any applicant who shall |
| present satisfactory evidence that they have the qualifications for the type of license applied for. |
| After January 1, 2018, in order to qualify for a master water-filtration/treatment-system installer |
| license or a journeyperson water-filtration/treatment-system installer license, the eligible |
| individual shall be required to pass a written examination and show the proof contained in this |
| subsection of their eligibility. |
| (b)(c) Satisfactory evidence shall be any of the following that is applicable: |
| (1) The owner or owners of an enterprise must have been active in irrigation for the |
| previous three (3) years; or |
| (2) The contractor has previously registered with the contractors' registration board; or |
| (3) The contractor has been listed within the yellow pages phone book under "Lawn |
| Sprinklers" or has advertised irrigation or lawn sprinklers in ads placed elsewhere; or |
| (4) The contractor has been incorporated or has been registered to do business with the |
| state of Rhode Island for the past three (3) years designating irrigation or installing water- |
| filtration/treatment systems as a provided service; or |
| (5) The installer has been employed for the past three (3) years by a contractor that has |
| been incorporated or registered to do business with the state of Rhode Island designating water- |
| filtration/treatment-system installation as provided service; or |
| (5)(6) Notarized confirmation by three (3) irrigation or water-filtration/treatment-system |
| contractors . |
| 5-20-15. Applications for licenses. -- Any applicant for a license as a master plumber, |
| master irrigator, journeyperson plumber, journeyperson irrigator, master water- |
| filtration/treatment-system installer, journeyperson water-filtration/treatment-system installer or |
| an apprentice plumber, apprentice irrigator, or apprentice water-filtration/treatment-system |
| installer in this state shall present his or her application to the department of labor and training on |
| the printed form provided for that purpose. |
| 5-20-16. Qualifications of master plumber or master irrigator -- Application fee. -- |
| Qualifications of master plumber, master irrigator or master water filtration/treatment |
| system installer -- Application fee. -- (a) No application for a license of a master plumber, or |
| master irrigator or master water-filtration/treatment-system installer shall be filed by the |
| department of labor and training, nor is any applicant permitted to take the examination for a |
| license as a master plumber, or master irrigator or master water-filtration/treatment-system |
| installer unless: |
| (1) The application is accompanied by a nonrefundable application fee of seventy-five |
| dollars ($75.00), payable to the department; |
| (2) The applicant is a citizen or legal resident of the United States; and |
| (3) The applicant possesses a certificate of license in full force and effect from the |
| department of labor and training specifying that person as a journeyperson plumber, or |
| journeyperson irrigator or journeyperson water-filtration/treatment-system installer licensed as a |
| journeyperson plumber or journeyperson irrigator, for a minimum of one year. An affidavit must |
| accompany this application certifying that the applicant was employed by a licensed master |
| plumber, or master irrigator, or master water-filtration/treatment-system installer during that |
| period in which the journeyperson plumber, or journeyperson irrigator, or journeyperson water- |
| filtration/treatment-system installer was so licensed. Completed applications must be filed with |
| the department at least thirty (30) days prior to the examination date. |
| (b) Notwithstanding anything set forth in this section to the contrary, the prerequisites set |
| forth in subsection (a) of this section may be waived, and the requirements of this section met, if |
| the applicant submits evidence, in form and substance reasonably acceptable to the department of |
| labor and training, that the applicant possesses the requisite skill, expertise, education, |
| experience, training, and other qualities or qualifications to take the examination for a license as a |
| master plumber, or master irrigator, or master water-filtration/treatment-system installer. |
| 5-20-19. Notice of change of address of licensee. -- Any person who holds a certificate |
| of license as a master plumber, master irrigator, master water-filtration/treatment-system installer, |
| journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system |
| installer or an apprentice plumber, or apprentice irrigator, or apprentice water-filtration/treatment- |
| system installer, shall notify the department of labor and training within thirty (30) days in the |
| event of change of his or her address from the address specified on his or her certificate of license |
| as a master plumber, master irrigator, master water-filtration/treatment-system installer, |
| journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system |
| installer or an apprentice plumber, or apprentice irrigator, or apprentice water-filtration/treatment- |
| system installer. |
| 5-20-21. Issuance of license on examination -- Notice to applicants. -- (a) The director |
| of the department of labor and training shall allow or deny applications for a master plumber's |
| license, master irrigator's license, master water-filtration/treatment-system installer's license or a |
| journeyperson plumber's license, or journeyperson irrigator's license or journeyperson water- |
| filtration/treatment-system installer's license upon the recommendation of the division of |
| professional regulation, as soon after the examination as is practicable. Each applicant who has |
| successfully passed the examination and has had his or her application allowed for a license as a |
| master plumber, master irrigator, master water-filtration/treatment-system installer or a |
| journeyperson plumber, or journeyperson irrigator, or journeyperson water-filtration/treatment- |
| system installer, shall have issued and mailed to him or her by the department a certificate of |
| license specifying that person as a master plumber, master irrigator, or master water- |
| filtration/treatment-system installer, a journeyperson plumber, or journeyperson irrigator, or |
| journeyperson water-filtration/treatment-system installer. |
| (b) All certificates of license are issued by the department. |
| 5-20-23. Expiration and renewal of licenses -- Penalties for violation of section. -- (a) |
| All licenses issued by the division of professional regulation for master plumbers, and master |
| irrigators, and master water-filtration/treatment-system installers, and journeyperson plumbers, or |
| journeyperson irrigators, or journeyperson water-filtration/treatment-system installers born in odd |
| years shall expire on the birthday of the individual qualifying for the license in odd years and all |
| licenses of master plumbers, and master irrigators, and master water-filtration/treatment-system |
| installers and journeyperson plumbers, or journeyperson irrigators, or journeyperson water- |
| filtration/treatment-system installers born in even years shall expire on the birthday of the |
| individual qualifying for the license in even years and all licenses may be renewed on or before |
| their expiration date upon payment of the appropriate renewal fee. |
| (b) Any master plumber, or master irrigator, or master water-filtration/treatment-system |
| installer who fails to renew his or her license as provided in subsection (a) of this section may be |
| reinstated by the department on or after the renewal date for a period of two (2) years, upon |
| payment of the current biennial renewal fee of two hundred forty dollars ($240) plus outstanding |
| license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the |
| delinquency period. |
| (c) Every certificate of license of a journeyperson plumber, or journeyperson irrigator, or |
| journeyperson water-filtration/treatment-system installer issued by the department is renewed on |
| or before the licensee's second birthday following the date of issuance upon payment of a biennial |
| renewal fee of seventy-two dollars ($72.00). |
| (d) Any journeyperson plumber, or journeyperson irrigator, or journeyperson water |
| filtration/treatment system installer who fails to renew his or her license as provided in subsection |
| (a) of this section may be reinstated by the department on or after the renewal date for a period of |
| two (2) years upon payment of the current biennial renewal fee of seventy-two dollars ($72.00) |
| plus outstanding license fees and a twelve dollar ($12.00) per month dollar-per-month |
| ($12.00) administrative assessment fee for the delinquency period. |
| (e) Notwithstanding any other provisions of this chapter, any license issued under this |
| chapter that is not renewed within two (2) years of the date of its expiration is deemed to be |
| forfeited and the person to whom the license has been issued is required to make written |
| application for an examination prior to the issuance of a new license. |
| (f) Licensed master or journeyperson plumbers shall attend and complete a course of |
| continuing education at their expense as determined by the board of examiners, but not to exceed |
| fifteen (15) hours, prior to the renewal or reinstatement of an existing license. The board of |
| examiners shall promulgate rules and regulations necessary to carry out the provisions of this |
| subsection, including, but not limited to, a continuing education course fee amount consistent |
| with industry standard. |
| (g) Notwithstanding any provision of the general or public laws to the contrary, any |
| licensed master or journeyperson plumber who has any combination of years of experience as a |
| licensed master plumber or journeyperson plumber, and, years of age that, when combined, shall |
| equal a total of eighty (80) years, shall be exempt from the continuing education requirements of |
| subsection (f) of this section. The board of examiners shall promulgate rules and regulations |
| necessary to carry out the provisions of this subsection. |
| 5-20-24. License displayed in place of business -- Advertising. -- (a) In every place in |
| this state within and from which a plumbing, or irrigation, or commercial water- |
| filtration/treatment business is conducted as specified for a master plumber, or master irrigator, or |
| master water-filtration/treatment-system installer, there shall be on display at all times a |
| certificate of license as provided in this chapter. |
| (b) Any sign, listing, or advertisement of any type of a master plumber, or master |
| irrigator or master water-filtration/treatment-system installer shall contain his or her name, |
| address, and license number. This information shall be included on all trucks used by a master |
| plumber in connection with his or her business. |
| 5-20-25. Registration of plumbing and irrigation of apprentices. -- (a) Any person |
| who has agreed to work a minimum of eight thousand (8,000) hours over a period of time of not |
| less than five (5) years under the direct supervision and instruction of a master plumber or |
| journeyperson plumber as an apprentice to learn the plumbing business, and that agreement is |
| approved by the division of professional regulation, shall be registered for an initial period of one |
| year, with renewal on the applicant's birthday, by the director of the department of labor and |
| training and have issued to him or her, upon the payment of a fee of twenty dollars ($20.00), a |
| certificate showing that person to be a registered apprentice. Every person who continues to work |
| as an apprentice after the initial one-year registration is required to register again as an apprentice |
| and pay the fee. |
| (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
| period of time of not less than one year under the direct supervision and instruction of a master |
| irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that |
| agreement is approved by the division of professional regulation, shall be registered for an initial |
| period of one year, with renewal on the applicant's birthday, by the director of the department of |
| labor and training and have issued to him or her, upon the payment of a fee of twenty dollars |
| ($20.00), a certificate showing that person to be a registered apprentice. Every person who |
| continues to work as an apprentice after the initial one-year registration is required to register |
| again as an apprentice and pay the fee. |
| (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
| period of time of not less than one year, under the direct supervision and instruction of a master |
| water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system |
| installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is |
| approved by the division of professional regulation, shall be registered for an initial period of one |
| year, with renewal on the applicant's birthday, by the director of the department of labor and |
| training and have issued to them, upon the payment of a fee of twenty dollars ($20.00), a |
| certificate showing that person to be a registered apprentice. Every person who continues to work |
| as an apprentice after the initial one-year registration is required to register again as an apprentice |
| and pay the fee. |
| 5-20-27. Grounds for revocation of license. -- The director of labor and training shall |
| revoke the license of any master plumber, or master irrigator, master water-filtration/treatment- |
| system installer, or journeyperson plumber, or journeyperson irrigator, or journeyperson water- |
| filtration/treatment-system installer after a hearing when the weight of the evidence establishes |
| any one or more of the following specific violations: |
| (1) For having obtained, or conspired with others to obtain, a license by inducing the |
| issuance of that license in consideration of the payment of money or any other things of value, or |
| by and through a willful or fraudulent misrepresentation of facts in the procurement of the |
| license; |
| (2) Willful violation of any plumbing ordinance, or rules of any city, or town, or of any |
| law of this state regulating the conduct of plumbing, or irrigation work or commercial water- |
| filtration/treatment-system work; |
| (3) On account of knowingly aiding or assisting any person to engage in the work |
| specified for a master plumber, master irrigator, master water-filtration/treatment-system installer |
| or journeyperson plumber, or journeyperson irrigator, or journeyperson water-filtration/treatment- |
| system installer when that person does not have a license as provided in this chapter; |
| (4) Because of any master plumber, master irrigator, master water-filtration/treatment |
| system-installer or journeyperson plumber, or journeyperson irrigator or journeyperson water- |
| filtration/treatment-system installer willfully and fraudulently loaning his or her license to any |
| other person for the purpose of permitting that person to engage in any plumbing, or irrigation |
| work or commercial water-filtration/treatment-system work in violation of the provisions of this |
| chapter; |
| (5) If any licensee, as provided in this chapter, is convicted of a felony; or |
| (6) On account of any willful violation of any of the provisions of this chapter. |
| 5-20-28. Procedure for revocation of license. -- (a) No proceedings to revoke a license, |
| as provided in this section, shall be instituted unless filed with the department of labor and |
| training within one year immediately following the date, or dates, of violation. |
| (b) No license of a master plumber, master irrigator, master water-filtration/treatment- |
| system installer or journeyperson plumber, or journeyperson irrigator, or journeyperson water- |
| filtration/treatment-system installer shall be revoked or cancelled until after a full and impartial |
| hearing as provided in this section. |
| (c) No hearing for the purpose of revoking any license of a master plumber, master |
| irrigator, or master water-filtration/treatment-system installer, or journeyperson plumber, or |
| journeyperson irrigator or journeyperson water-filtration/treatment-system installer shall be held |
| unless there is first placed on file with the department a verified complaint, in writing, reciting in |
| the complaint with reasonable particularity, a statement of facts which, if proved, would be |
| sufficient to constitute a violation of one or more of the specifications for revocation of license as |
| prescribed in § 5-20-27. |
| (d) Upon the filing of a verified complaint, as provided in this section, the department |
| shall promptly set a date for a hearing of the charges of the complaint which shall be held in the |
| city of Providence. The department shall promptly, by registered or certified mail, forward to the |
| licensee charged in the complaint a true and correct copy of the complaint and notification of the |
| time and place when and where a hearing of those charges is to be held. |
| (e) At the time and place fixed in the notification, the division of professional regulation |
| or upon appeal from the division, the board of plumbing examiners, upon supervision of the |
| department, shall proceed to a hearing of the charges specified in the complaint. No hearing upon |
| the charges of the complaint shall be had unless the records of the department contain evidence |
| that the licensee charged in the complaint has been served with a copy of the complaint and |
| notification at least twenty (20) days prior to the date of the hearing; provided, that the |
| appearance of the charged licensee, either in his or her own behalf or by counsel, constitutes |
| proof that sufficient notice of the hearing was served. |
| (f) A complaining party by himself or herself or by counsel may aid in the presentation |
| of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing |
| of all evidence and statement of counsel, either in support of or against, the charges of the |
| complaint. Upon good cause shown the date of the hearing on the complaint may be continued |
| provided the licensee and other interested parties are reasonably notified about the date of the |
| continuance. |
| 5-20-33.1. Enforcement. -- (a) It is the duty of the director of the department of labor |
| and training and the chief plumbing investigator to enforce the provisions of this chapter. Local |
| building and plumbing inspectors, involved in the day-to-day inspection of plumbing, or |
| irrigation, or water-filtration/treatment-system installation, shall assist the chief plumbing |
| investigator in enforcing the provisions of this chapter. These individuals have authority to |
| demand the production of the licenses and certificates required by this chapter on any site where |
| plumbing, or irrigation, or water-filtration/treatment systems are is being installed and have the |
| authority to investigate, and, where appropriate, make complaints, pursuant to § 5-20-28 or § 5- |
| 20-33, where sufficient evidence has been obtained to sustain a reasonable belief that a violation |
| of this chapter has occurred. |
| (b) The state board of plumbing examiners also has: |
| (1) Concurrent responsibility to enforce the provisions of this chapter; |
| (2) The authority to demand the production of the licenses and certificates required by |
| this chapter on any site where plumbing or irrigation is being installed; and |
| (3) The authority to investigate, and where appropriate, make complaints, pursuant to § |
| 5-20-28 or § 5-20-33, where sufficient evidence has been obtained to sustain a reasonable belief |
| that a violation of this chapter has occurred. |
| (c) The director of the department of labor and training shall provide identification to the |
| board members for the purposes of this section. |
| 5-20-36. Injunctions. -- Violations of this chapter may be enjoined upon a bill of |
| complaint being filed in the superior court for the county in which those violations have been |
| committed, by the division of professional regulation or by any association of master plumbers, |
| master irrigators, master water-filtration/treatment-system installers, or journeyperson plumbers, |
| or journeyperson irrigators or journeyperson water-filtration/treatment-system installers, licensed |
| master plumbers, or licensed master irrigators, or licensed master water-filtration/treatment- |
| system installers or by any plumbing inspector. An injunction may be granted by the superior |
| court after a hearing in open court against any person, firm, corporation, or association which has |
| violated any of the provisions of this chapter, without regard to whether proceedings have been, |
| or may be, instituted before the state board of plumbing examiners or whether criminal |
| proceedings have been, or may be, instituted. No ex parte restraining orders shall be issued in |
| suits brought pursuant to this section. |
| SECTION 2. Chapter 5-20 of the General Laws entitled "Plumbers and Irrigators" is |
| hereby amended by adding thereto the following sections: |
| 5-20-3.2. "Master water-filtration/treatment-system installer" defined. -- "Master |
| water-filtration/treatment-system installer", as used in this chapter, means a person who has |
| performed in the capacity of a journeyperson water-filtration/treatment-system installer as defined |
| in §5-20-3.3 for not less than one year. |
| 5-20-3.3. "Journeyperson water-filtration/treatment-system installer" defined. -- |
| "Journeyperson water-filtration/treatment-system installer", as used in this chapter, means a |
| person who has performed all phases of a project under the supervision of a master water- |
| filtration/treatment-system installer licensee for a period of not less than one year. Journeypersons |
| shall not be permitted to apply for a water-filtration/treatment-system installation permit. |
| 5-20-4.2. "Apprentice water-filtration/treatment-system installer" defined. -- |
| "Apprentice water-filtration/treatment-system installer", as used in this chapter, means a person |
| hired to perform all phases of a water-filtration/treatment-system project under the supervision of |
| a master water-filtration/treatment-system installer licensee or a licensed journeyperson water- |
| filtration/treatment-system installer for a period of one year. |
| 5-20-5.2. "Commercial water-filtration/treatment-system work" defined. -- |
| "Commercial water-filtration/treatment-system work'', as used in this chapter, means any |
| alteration, installation or repair of water-filtration/treatment systems in which the piping exceeds |
| one and one-half inches (1.5") or the flow rate exceeds eighty (80) gallons per minute. |
| 5-20-17.2. Qualifications of journeyperson water-filtration/treatment-system |
| installer -- Application fee. -- No application for a journeyperson's license shall be filed at the |
| department of labor and training nor shall any applicant be permitted to take the examination for a |
| license as a journeyperson water-filtration/treatment-system installer unless: |
| (1) The application is accompanied with the nonrefundable application fee of seventy- |
| five dollars ($75.00); |
| (2) The applicant possesses a current apprentice certificate for a period of one year before |
| application for journeyperson water-filtration/treatment-system installer is made. |
| 5-20-17.3. Applicability. -- Any references to water-filtration/treatment-system work |
| pursuant to §5-20-1 et seq., shall be solely in reference to commercial water-filtration/treatment- |
| system work as defined in §5-20-5.2. Nothing herein shall be applicable to residential water- |
| filtration/treatment systems as defined in §5-65.2-1 et seq. |
| SECTION 3. This act shall take effect January 1, 2017. |
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| LC004989 |
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