Chapter 330 |
2024 -- H 7456 SUBSTITUTE A Enacted 06/25/2024 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS |
Introduced By: Representatives Slater, Diaz, Edwards, and O'Brien |
Date Introduced: February 02, 2024 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 5-6-24 and 5-6-24.1 of the General Laws in Chapter 5-6 entitled |
"Electricians" are hereby amended to read as follows: |
5-6-24. Apprentices — Registration. |
(a) This chapter does not forbid the employment of one properly limited-registered |
registered apprentice electrician working with and under the direct personal supervision of aan |
appropriately licensed journeyperson electrician. Additionally, this chapter does not forbid the |
employment of: (1) One properly registered apprentice burnerperson working with and under the |
direct personal supervision of a licensed burnerperson; (2) One properly registered apprentice fire |
alarm installer working with and under the direct personal supervision of a licensed fire alarm |
installer; (3) Two (2) properly registered apprentice electrical sign installers working with and |
under the direct personal supervision of a licensed electrical sign installer; (4) One properly |
registered apprentice maintenance electrician working with and under the direct personal |
supervision of a valid Class C or Class DClass M license holder; or (5) One properly registered |
apprentice lightning-protection installer working with and under the direct personal supervision of |
a licensed lightning-protection installer (LPI). Apprentices are required to register with the division |
of professional regulation immediately upon employment with a properly licensed electrical |
contractor or lightning-protection contractor. |
(b) IndenturedRegistered apprentice electricians are required to work a minimum of eight |
thousand (8,000) hours over a period of time of not less than four (4) years and successfully |
complete one hundred forty-four (144) hours of related instruction per year in an indentureda |
registered apprenticeship program approved by the Rhode Island department of labor and training, |
to qualify for the journeyperson “B” electrician examination; provided, however, registered |
apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained |
in a vocational school authorized by the board of education, or a maximum of two hundred eighty- |
eight (288) hours of classroom training gained over two (2) academic years (one hundred forty- |
four (144) hours per academic year), upon the successful completion of a course of study in a fully |
accredited trade school that has been approved by the Rhode Island office of postsecondary |
commissioner and by the Rhode Island department of labor and training apprenticeship council. |
Provided, that the test applicant has possessed, for at least four (4) years prior to the filing of the |
application, a certificate of registration in full force and effect from the department of labor and |
training of Rhode Island specifying the person as an indentureda registered apprentice, and the |
application of an applicant is accompanied by an affidavit or affidavits of his or her employer or |
former employers or other reasonably satisfactory evidence showing that the applicant has been |
actually engaged in eight thousand (8,000) hours of electrical work as ana registered apprentice in |
Rhode Island during those four (4) years; or the application is accompanied by an affidavit or other |
reasonably satisfactory evidence showing that the applicant has successfully completed a course of |
study in a recognized college or university and has pursued a course of electrical technology for at |
least two (2) academic years or is the recipient of an associate degree in electrical technology, and |
has thereafter been indenturedregistered by the department of labor and training as an apprentice |
for at least four (4) years and employed as an indentureda registered apprentice while supervised |
by a duly licensed journeyperson electrician employed under a master in this state for a period of |
four (4) years; or a showing that the applicant possesses a certificate of license issued under the |
laws of another state, based on training equal to that required by the state of Rhode Island. Limited- |
registered apprentice electricians shall be required to work a minimum of four thousand (4,000) |
hours over a period of time of not less than two (2) years. |
(c) IndenturedRegistered apprentice maintenance electricians are required to work a |
minimum of six thousand (6,000) hours over a period of time of not less than three (3) years and |
successfully complete one hundred forty-four (144) hours of related instruction per year in an |
indentureda registered apprenticeship program approved by the Rhode Island department of labor |
and training, to qualify for the journeyperson “M” electrician examination. Provided, however, that |
the test applicant has possessed for at least three (3) years prior to the filing of the application a |
certificate of registration in full force and effect from the department of labor and training |
specifying the person as an indentureda registered apprentice, and the application of an applicant |
is accompanied by an affidavit or affidavits of his or her employer or former employers or other |
reasonably satisfactory evidence showing that the applicant has been actually engaged in electrical |
work as an apprentice in Rhode Island during those three (3) years as outlined in the registered |
apprenticeship program standards. Class M journeyperson electricians may qualify to take the |
journeyperson “B” electrician examination upon registering as a fourth-year apprentice and |
becomingworking under the supervision of a journeyperson "B" electrician while employed by a |
properly licensed Class A electrical contractor that sponsors, or participates in, an appropriately- |
designed registered apprenticeship program for that period of time. |
(d) ApprenticeRegistered apprentice lightning-protection installers are required to work a |
minimum of four thousand (4,000) hours over a period of time of not less than two (2) years in a |
registered apprenticeship program approved by the Rhode Island department of labor and training |
to qualify for the lightning-protection installer (LPI) examination. Provided, that the test applicant |
has possessed for at least two (2) years prior to the filing of the application a certificate of |
registration in full force and effect from the department of labor and training specifying the person |
as an apprentice lightning-protection installer, and the application of an applicant is accompanied |
by an affidavit or affidavits of his or her employer or former employers or other reasonably |
satisfactory evidence showing that the applicant has been actually engaged in lightning-protection |
work as an apprentice during those two (2) years as outlined in the registered apprenticeship |
program standards. |
5-6-24.1. Apprentices certified by other states Apprentices registered in other states. |
Any apprentice electrician holding an apprentice certificate, license, or equivalent |
document issued by another state shall register with and obtain the approval of the division of |
professional regulation in the department of labor and training prior Prior to being permitted to |
work or serve as an electrician’s apprentice in this state, any apprentice electrician registered by |
another registration agency in a neighboring state shall obtain reciprocal recognition from the |
Rhode Island department of labor and training pursuant to § 28-45-16. Provided, no approval shall |
be granted unless the applicant demonstrates to the board that the applicant is currently enrolled in |
one hundred forty-four (144) hours of electrical-related classroom instruction per year for not less |
than four (4) years in an indentured apprenticeship program approved by the department of labor |
and training. |
SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended |
by adding thereto the following sections: |
5-6-24.2. Apprentices - Exam requirements. |
To be eligible applicants for electrical licensing exams, apprentices shall complete an |
applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
of completed related instruction and work record books from employer(s), or other reasonably |
satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
to the license being applied for. |
5-6-24.3. Credit for electrical license exams. |
(a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
learning or experience pursuant to §§ 28-45-9(2)(xii) or § 28-45-9.2 shall also require the written |
approval of the electrical board of examiners of the Rhode Island department of labor and training. |
Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom |
training gained in a vocational school authorized by the board of education, or a maximum of two |
hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one |
hundred forty-four (144) hours per academic year), upon the successful completion of a course of |
study in a fully accredited trade school that has been approved by the Rhode Island office of |
postsecondary commissioner and by the Rhode Island department of labor and training |
apprenticeship council. |
(b) For licensing purposes, on-the-job learning hours required as part of a registered |
apprenticeship program by license type are as follows: |
(1) At minimum, an electrician apprenticeship program for a Class B license shall include |
eight thousand (8,000) hours of on-the-job learning. |
(2) At minimum, a maintenance electrician apprenticeship program for a Class M license |
shall include six thousand (6,000) hours of on-the-job learning. |
(3) At minimum, a lightning protection installer apprenticeship program shall include four |
thousand (4,000) hours of on-the-job learning. |
(4) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
of related instruction, including, but not limited to, classroom training, provided concurrently with |
each two thousand (2,000) hours period of on-the-job learning. |
SECTION 3. Sections 5-20-4.1, 5-20-5, 5-20-10, 5-20-17, 5-20-17.1, 5-20-17.2 and 5-20- |
25 of the General Laws in Chapter 5-20 entitled "Plumbers, Irrigators, and Water System Installers" |
are hereby amended to read as follows: |
5-20-4.1. “Apprentice irrigator” defined. |
“Apprentice irrigator,” as used in this chapter, means a person hired to perform all phases |
of an irrigation project and registered as an apprentice pursuant to § 28-45-13 working under the |
supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one |
year. |
5-20-5. “Apprentice plumber” defined. |
“Apprentice plumber,” as used in this chapter, means any employee registered as an |
apprentice pursuant to § 28-45-13, whose principal occupation is service with a master plumber |
with a view to learning the art or trade of maintenance, installation, or repair of plumbing, as defined |
in § 5-20-2. |
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 hertheir 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 ashas registered as an |
apprentice plumber, an apprentice irrigator, or an apprentice water-filtration/treatment-system |
installer pursuant to § 28-45-13. |
5-20-17. Qualifications of journeyperson — Application fee. |
(a) 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 plumber, unless: |
(1) The application is accompanied by a nonrefundable application fee of seventy-five |
dollars ($75.00); and |
(2) The applicant shall have possessed, for at least four (4) years prior to the filing of the |
application, a certificate of registration in full force and effect from the department of labor and |
training specifying that person as a registered apprentice plumber pursuant to § 28-45-13 and the |
application of that applicant is accompanied with an affidavit or affidavits of his or herthe |
applicant’s employer or former employers or other reasonably satisfactory evidence showing that |
the applicant has been actually engaged in plumbing work as an apprentice plumber in the state of |
Rhode Island for eight thousand (8,000) hours of on-the-job training during a five-year (5) period, |
which shall include the successful completion of five hundred seventy-six (576) hours of related |
instruction at a training program recognized by the department of labor and training; provided, |
however, the apprentice may receive credit for one hundred forty-four (144) hours of classroom |
training applied against the five hundred seventy-six (576) hours required pursuant to this section, |
gained in a vocational school authorized by the council on elementary and secondary education; |
and approved by the Rhode Island department of labor and training state apprenticeship council. |
(3) The application is accompanied with an affidavit or other reasonably satisfactory |
evidence showing that the applicant has been a registered student in a recognized college, |
university, or trade school and has pursued a course of plumbing or sanitary engineering for at least |
two (2) academic years; or |
(4) The applicant is the recipient of an associate degree in either plumbing or sanitary |
engineering, and has been registered by the department of labor and training as an apprentice |
plumber for at least two (2) years and at all times while being employed as a registered apprentice |
plumber by a duly licensed master plumber in this state for a period of two (2) years; or |
(5) The application is accompanied by an affidavit or other reasonably satisfactory |
evidence showing that the applicant possesses a certificate of license, issued under the laws of |
another state, provided that the requirements are the same as the state specifying that person as a |
journeyperson plumber. |
(6) The records of the hours of on-the-job training and the hours of related instruction |
completed as part of the registered apprenticeship program pursuant to § 28-45-9 should be |
maintained in a mutually responsible manner, through a joint effort on the part of the master |
plumber and the apprentice and provided as part of the application. |
(7) The completed application is to be filed with the department at least fifteen (15) days |
prior to the examination date. |
5-20-17.1. Qualifications of journeyperson irrigator -- 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 |
irrigator unless: |
(1) The application is accompanied with the nonrefundable application fee of seventy-five |
dollars ($75.00); and |
(2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a |
period of one year before application for journeyperson irrigator is made. |
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); and |
(2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a |
period of one year before application for journeyperson water-filtration/treatment-system installer |
is made. |
5-20-25. Registration 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 by the director |
of the department of labor and training and have issued to him or herthem a certificate showing |
that person to be a registered apprentice pursuant to § 28-45-13. |
(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 by the director |
of the department of labor and training and have issued to him or herthem a certificate showing |
that person to be a registered apprentice pursuant to § 28-45-13. |
(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 by the director of the |
department of labor and training and have issued to him or herthem a certificate showing that |
person to be a registered apprentice pursuant to § 28-45-13. |
SECTION 4. Chapter 5-20 of the General Laws entitled "Plumbers, Irrigators, and Water |
System Installers" is hereby amended by adding thereto the following sections: |
5-20-25.1. Apprentices -- Exam requirements. |
To be eligible applicants for plumbing licensing exams, apprentices shall complete an |
applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
of completed related instruction and work record books from employer(s), or other reasonably |
satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
to the license being applied for. |
5-20-25.2. Credit for plumbing license exam. |
(a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
learning or experience pursuant §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written |
approval of the state board of plumbing examiners of the Rhode Island department of labor and |
training. Apprentices may receive credit for one hundred forty-four (144) hours of classroom |
training gained in a career and technical education program authorized by the board of education, |
or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) |
academic years (one hundred forty-four (144) hours per academic year), upon the successful |
completion of a course of study in a fully accredited trade school that has been approved by the |
Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor |
and training apprenticeship council. |
(b) For licensing purposes, on-the-job learning hours required as part of a registered |
apprenticeship program by license type are as follows: |
(1) At minimum, a plumbing apprenticeship program shall include eight thousand (8,000) |
hours of on-the-job learning, or an associate degree in plumbing and four thousand (4,000) hours |
of on-the-job learning. |
(2) At minimum, an irrigator apprenticeship program shall include two thousand (2,000) |
hours of on-the-job learning. |
(3) At minimum, a water filtration/treatment-system apprenticeship program shall include |
two thousand (2,000) hours of on-the-job learning. |
(4) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
of related instruction, including, but not limited to, classroom training, provided concurrently with |
each two thousand (2,000) hours period of on-the-job learning. |
SECTION 5. Section 5-70-5 of the General Laws in Chapter 5-70 entitled |
"Telecommunications" is hereby amended to read as follows: |
5-70-5. Form of license and registration. |
Three (3) major forms of license shall be issued with the two (2) higher licenses carrying |
certification for one or more of the four (4) category(s), as defined within this chapter, for which |
qualified: |
(1) Telecommunications system contractor. |
(i) TSC license shall be issued to any person qualified under this chapter representing |
themselves, individually, or a firm or corporation engaging in, or about to engage in, the business |
of designing, installing, altering, servicing, and/or testing telecommunications systems. |
(ii) Qualification shall be evidenced by passing the examination(s) for any or all of the |
categories of telecommunications systems described in this chapter, and applicants who hold an |
equivalent out-of-state license, as determined by this board, issued by another state shall be allowed |
to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no |
equivalent form of TSC license issued in another state and show evidence of three (3) years of |
verifiable and continuous contracting experience, immediately preceding the date of application |
and are registered to conduct business in the state of Rhode Island, will be allowed to take the |
Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have |
been licensed as a Rhode Island telecommunication systems technician for a minimum of three (3) |
consecutive years, immediately preceding the date of application, in order to qualify to take the |
TSC examination, and shall have been registered to conduct business in the state of Rhode Island. |
(iii) The holding of a TSC license shall entitle the holder individually to contract for, |
engage in, and/or perform the actual work of designing, installing the type(s) of |
telecommunications systems for which they were granted certification. No individual shall be |
required to hold more than one form of license. |
(2) Telecommunications systems technician. |
(i) TST license shall be issued to any person who passes the examination(s) as defined |
within this chapter for any or all of the categories of telecommunications systems described in this |
chapter. |
(ii) The holding of a TST license shall entitle the holder individually to perform the actual |
work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for |
which they were granted certification. All the work performed shall be under the supervision of the |
holder of a TSC license. |
(3) Telecommunications system limited installer. |
(i) TSLI license shall be issued to any person who passes the examination as defined within |
this chapter and as described in this section. |
(ii) The holding of a TSLI license shall entitle the holder to perform the actual work of |
installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly |
associated with a telecommunications system. Connection to, installation of, or servicing of |
telecommunications devices shall only be performed under the direct supervision of a holder of a |
TST or TSC license. |
(4) Trainee/telecommunications apprentice. |
(i) Registered trainees/telecommunicationstelecommunications apprentices pursuant to § |
28-45-13 may be employed to perform the actual work of installation of wiring, low-voltage surface |
raceway, enclosures, and wiring devices directly associated with a telecommunications system |
under the direct supervision of a holder of a TST or TSC license. |
(ii) Trainees/telecommunicationtelecommunications apprentices shall be required to |
register with the licensing authorityRhode Island department of labor and training subsequent to |
employment by a person, firm, or corporation licensed as a TSC under this chapter; and prior to |
being permitted to perform any actual installation work. |
(iii) The registered trainees/telecommunicationstelecommunications apprentice shall not |
be permitted to make connection to, install, or service telecommunications devices. No more than |
two (2) registered trainees/telecommunicationstelecommunications apprentices can be directly |
supervised by a single TSC or TST license holder. |
SECTION 6. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is |
hereby repealed in its entirety. |
CHAPTER 28-4 |
Indenture of Apprentices |
28-4-1. Power of minor to execute indenture. |
Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years |
of age, has a limited permit to work given him or her by or under the direction of the school |
committee where the minor resides under the provisions of chapter 3 of this title, may, by execution |
of an indenture, bind himself or herself as provided in this chapter, for a term of service of not less |
than one year. |
28-4-2. Parties to sign indenture. |
Every indenture shall be signed: |
(1) By the minor; |
(2) By the parents, or either one of them, as the natural guardians or guardian of the minor; |
or by the duly appointed legal guardian of the person, or of the person and estate of the minor, if |
any; or by the person having the legal custody of the minor; |
(3) By the employer. |
28-4-3. Contents of indenture. |
Every indenture shall contain: |
(1) The names of the parties; |
(2) The date of birth of the minor; |
(3) A statement of the trade, craft, or business which the minor is to be taught; |
(4) An agreement that a certificate shall be given to the apprentice at the conclusion of his |
or her indenture, stating that he or she has completed the apprenticeship under the indenture. |
28-4-4. Deeds in triplicate. |
In every case there shall be three (3) deeds in the same form and tenor, executed by all |
parties, one to be kept by each party. |
28-4-5. Effect of indenture as against parties. |
All indentures made in accordance with the provisions of §§ 28-4-1 — 28-4-4 shall be |
good and effectual in law against all parties and the minor engaged by them, according to their |
tenor, except as to any of their provisions that the court, in which any suit or controversy relating |
to the articles of indenture may be heard, shall determine to be unjust or unreasonable. |
28-4-6. Petition or complaint for breach of indenture — Summons. |
Whenever a petition or complaint in writing and under oath is made to any judge of the |
district court that any master or apprentice, within a division where the court is situated, has |
willfully neglected or refused to comply with or perform the terms and provisions of any indenture, |
the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall issue a |
summons requiring the master or apprentice to appear before the court at a time and place named |
in the summons to answer relative to the petition or complaint. The petitioner or complainant shall |
cause the summons to be served by some officer qualified to serve civil process upon the person |
complained of at least six (6) days before the time set for appearance and hearing by reading the |
summons to the person to be served, or by leaving an attested copy of it with the person to be served |
in his or her hands and possession, or at his or her last and usual place of abode with some person |
living there, or if the person to be served is a corporation, then, by leaving an attested copy of the |
summons with some officer of the corporation or at the office of the corporation with some person |
employed there. |
28-4-7. Determination of petition or complaint — Enforcement of order. |
Upon the hearing of a petition or complaint, the court may determine the controversy or |
matter complained of in a summary way, and discharge either party from the indenture and contract |
of apprenticeship, and may make any further order in the premises that the case may require and |
seems proper to the court. Any neglect or failure of any person, against whom any order is made, |
to do, perform, or comply with the order shall be contempt of court, and the court may enforce its |
order by proceedings for contempt. |
SECTION 7. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11, |
28-27-17 and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are |
hereby amended to read as follows: |
28-27-4.1. “Journeyperson refrigeration technician” defined. |
“Journeyperson refrigeration technician” means any person who has completed a five-year |
(5) apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in |
accordance with chapter 45 of this title28, and/orand has passed a refrigeration technician |
examination and who by him or herself does work in refrigeration/air conditioning subject to |
provisions of this chapter and the rules, regulations, and licensing criteria promulgated hereunder. |
28-27-4.2. “Journeyperson pipefitter,” “journeyperson sheet metal worker,” and |
“journeyperson sprinkler fitter” defined. |
(a) “Journeyperson pipefitter” means any person who has completed a five-year (5) |
apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in |
accordance with chapter 45 of this title28, and/orand 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 shall require completion of an accepted formal technical program |
approved by the department of labor and training. |
(b) “Journeyperson sheet metal worker” means any person who has completed a four-year |
(4) an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in |
accordance with chapter 45 of this title28, and/orand has passed a journeyperson sheet metal |
worker examination and who by him or herself does sheet metal work subject to provisions of this |
chapter and the rules, regulations, and licensing criteria promulgated under this chapter. |
(c) “Journeyperson sprinkler fitter” means any person who has completed a four-year (4) |
an appropriate eight thousand (8,000) hour registered apprenticeapprenticeship program in |
accordance with chapter 45 of this title28, and/orand has passed a journeyperson sprinkler fitter |
examination and who by him 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. |
28-27-4.3. “Journeyperson sheet metal worker apprentice,” “journeyperson |
sprinkler fitter apprentice,” “pipefitter apprentice,” and “refrigeration/air conditioning |
apprentice” defined -- Duration of apprentice programs "Sheet metal worker apprentice," |
"sprinkler fitter apprentice," "pipefitter apprentice," and "refrigeratorrefrigeration/air |
conditioning apprentice" defined -- Duration of apprentice programs. |
(a) “Journeyperson sheet Sheet metal worker apprentice” means any person at least |
eighteen (18) years of age who is learning or working at the businesses of sheet metal work under |
the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a |
registered state sanctioned apprentice programas a registered apprentice in an appropriate |
apprenticeship program registered in accordance with chapter 45 of this title28. |
(b) “Journeyperson sprinkler Sprinkler fitter apprentice” means any person at least eighteen |
(18) years of age who is learning or working at the business of fire protection sprinkler systems |
under the direct supervision of a master or journeyperson sprinkler fitter under a registered state |
sanctioned apprentice programas a registered apprentice in an appropriate apprenticeship program |
registered in accordance with chapter 45 of this title28. |
(c) “Pipefitter apprentice” means any person at least eighteen (18) years of age who is |
learning or working at the business of pipefitting under a registered state sanctioned apprentice |
program as a registered apprentice in an appropriate apprenticeship program registered in |
accordance with chapter 45 of this title28. |
(d) Pipefitter, refrigeration, sprinkler fitter, and sheet metal worker apprentice programs |
are of a five-year (5) duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. |
(e) “Refrigeration/air conditioning apprentice” means any person at least eighteen (18) |
years of age who is learning and working at the business of refrigeration/air conditioning under the |
direct supervision of a refrigeration/air conditioning master or journeyperson under a registered |
state sanctioned apprentice programas a registered apprentice in an appropriate apprenticeship |
program registered in accordance with chapter 45 of this title28. |
28-27-5.1. Practices for which a journeyperson or apprentice license required. |
(a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or |
sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or |
shall advertise or represent in any form or matter that he or shethey are isa journeyperson or |
apprentice, unless that person possesses and carries on his or hertheir person at all times while so |
engaged a valid license issued by the department of labor and training qualifying that person as a |
journeyperson or registered apprentice pursuant to § 28-45-13. |
(b) A person holding a valid license under this chapter shall not be required to obtain an |
additional license under this chapter to perform sheet metal work when AC air handling equipment |
is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. |
(c) A holder of a journeyperson license shall only be entitled to work as an employee of |
the properly licensed master permit holder in accordance with this chapter. |
28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson’s license. |
(a) Any person who has previously qualified 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 section. 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 § 28-27-4. |
(c) The above provisions are similar for most limited licenses under this chapter. |
(d) Fees shall be as follows: |
(1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; |
(2) License fee is seventy-two dollars ($72.00) with birth-month licensing; |
(3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing;. |
(e) The fees collected shall be deposited as general revenues. |
28-27-11. Journeyperson license -- Test fees -- License fees and qualifications --Filing |
deadline for journeyperson. |
(a) No application for a journeyperson’s test shall be filed by the department nor shall any |
applicant be permitted to take the examination for a license as a journeyperson unless: |
(1) The test application is accompanied by a test fee as outlined in § 28-27-17; |
(2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- |
17 is required and the journeyperson license will be issued as provided in § 28-27-15; and |
(3) The applicant has possessed for at least five (5) years prior to the filing of the |
application a certificate of registration in full force and effect from the department of labor and |
training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application |
of an applicant: |
(i) Is accompanied by an affidavit or affidavits of his or hertheir employer or former |
employers or other reasonably satisfactory evidence showing that the applicant has been actually |
engaged in pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler |
systems work as an apprentice registered for at least ten thousand (10,000) hours in the state of |
Rhode Island during those five (5) years; |
(ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
the applicant has been registered as a student in a recognized college, university, or trade school |
and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire |
protection sprinkler systems for at least two (2) academic years or is the recipient of an associate |
degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has |
thereafter been registered by the department of labor and training as an apprentice for at least three |
(3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air |
conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for |
a period of three (3) years; or |
(iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
the applicant possesses a certificate of license issued under the laws of another state specifying that |
person as a journeyperson;. and |
(4) The licensing authority may grant an exemption to the requirements of subsection (a)(3) |
on the basis of past experience. |
(b) The test application is to be filed with the department at least fifteen (15) days prior to |
the examination date. |
28-27-17. Test fees — License fees — Expiration and renewal of licenses. |
(a) All licenses issued to the pipefitters/refrigeration technicians and fire protection |
sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker |
detailed in this section shall be paid for as follows: |
TEST LICENSE RENEWAL |
Master Mechanical Contractor -- 480.00 480.00 |
Contractor Master 75.00 240.00 240.00 |
Pipefitter Master I 75.00 240.00 240.00 |
Pipefitter Master II 75.00 96.00 96.00 |
Refrigeration Master I 75.00 240.00 240.00 |
Refrigeration Master II 75.00 96.00 96.00 |
Pipefitter Journeyperson I 75.00 72.00 72.00 |
Pipefitter Journeyperson II 75.00 60.00 60.00 |
Refrigeration Journeyperson I 75.00 72.00 72.00 |
Refrigeration Journeyperson II 75.00 60.00 60.00 |
Apprentices (annual fee) -- 24.00 24.00 |
Fire Protection Sprinkler |
Fitters Master I 75.00 240.00 240.00 |
Fire Protection Sprinkler |
Fitters Journeyperson I 75.00 72.00 72.00 |
Sheet Metal Contractor 75.00 240.00 240.00 |
Sheet Metal Worker |
Journeyperson 75.00 72.00 72.00 |
(b) Apprenticeship renewal fees shall be paid on an annual basis. |
(c) Every license issued by the division of professional regulation to license holders born |
in odd years shall expire on the birthday of the individual qualifying for the license in odd years |
and all licenses issued by the division of professional regulation to license holders 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 fee. |
If any credit is due in the initial changeover year the amount of credit shall be determined by the |
chief administrator of the division. |
28-27-18. Registration of apprentices. |
(a) Any person who has agreed to work under the supervision of a licensed pipefitter, |
refrigeration/air conditioning, sprinkler fitter, or sheet metal master under a state-sanctionedan |
apprenticeship program shall be registered by the director of labor and training andregistered with |
the Rhode Island department of labor and training shall be issued a certificate of apprenticeship |
pursuant to § 28-45-13. |
(b) The minimum formal training period for a P.J.F. limited class II license shall be one |
hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the |
department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § |
28-27-5.2. All other sections of this chapter shall remain in full force and effect. |
SECTION 8. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby |
amended by adding thereto the following sections: |
28-27-18.1. Apprentices -- Exam requirements. |
To be eligible applicants for mechanical licensing exams, apprentices shall complete an |
applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
of completed related instruction and work record books from employer(s), or other reasonably |
satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
to the license being applied for. |
28-27-18.2. Credit for mechanical license exams. |
(a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written |
approval of the state mechanical board of the Rhode Island department of labor and training. |
Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom |
training gained in a career and technical education program authorized by the board of education, |
or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) |
academic years (one hundred forty-four (144) hours per academic year), upon the successful |
completion of a course of study in a fully accredited trade school that has been approved by the |
Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor |
and training apprenticeship council. |
(b) For licensing purposes, on-the-job learning hours required as part of a registered |
apprenticeship program by license type are as follows: |
(1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000) |
hours of on-the-job learning. |
(2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000) |
hours of on-the-job learning. |
(3) At minimum, a refrigeration I apprenticeship program shall include ten thousand |
(10,000) hours of on-the-job learning. |
(4) At minimum, a refrigeration II apprenticeship program shall include four thousand |
(4,000) hours of on-the-job learning. |
(5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten |
thousand (10,000) hours of on-the-job learning. |
(6) At minimum, a sheet metal worker I apprenticeship program shall include eight |
thousand (8,000) hours of on-the-job learning. |
(7) At minimum, a sheet metal worker II apprenticeship program shall include four |
thousand (4,000) hours of on-the-job learning. |
(8) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
of related instruction, including, but not limited to, classroom training, provided concurrently with |
each two thousand (2,000) hours period of on-the-job learning. |
SECTION 9. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-13, 28-45-14 and 28- |
45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade and |
Industry" are hereby amended to read as follows: |
28-45-1. Purposes. |
The purposes of this chapter are: |
(1) To encourage employers, associations of employers, and organizations of employees to |
voluntarily establish apprenticeship programs and the making of apprenticeship agreements; |
(2) To create opportunities for youngpeople to obtain employment and adequate training |
in trades and industry with parallel instructions in related and supplementary education under |
conditions that will equip them for profitable employment and citizenship; |
(3) To cooperate with the promotion and development of apprenticeship programs and |
systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. |
§ 50 et seq.; and |
(4) To provide for the registration and approval of apprenticeship programs and |
apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship. |
28-45-3. Powers and duties. |
(a) The department of labor and training is the agency with responsibility and |
accountability for apprenticeship within Rhode Island for federal purposes. The state |
apprenticeship council shall be a regulatory council and part of the department of labor and training. |
The council shall promulgate regulations consistent with 29 C.F.R. Parts 29 and 30 at the direction |
of the director of the department of labor and training and shall provide advice and guidance to the |
director of the department of labor and training on the operation of the Rhode Island apprenticeship |
programsystem. Enforcement of apprenticeship rules and regulations shall be the duty of the |
director of the department of labor and training. In addition, the council shall: |
(1) Adopt rules and regulations to ensure equality of opportunity in apprenticeship |
programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; |
(2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or |
training agreements in cooperation with ajoint employer and employee groups in conformity with |
29 C.F.R. § 29.5; |
(3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; |
(4) Hold at least four (4) regular public meetings each year; any additional meetings |
considered necessary shall be held at the call of the chairperson, or at the written request of a |
majority of the members of the council; |
(5) Formulate and publish rules of procedure for the function of local, regional, and state |
joint apprenticeship committees and for the filling of vacancies on those committees; |
(6) Adopt rules and regulations concerning the following: |
(i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; |
(ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; |
(iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs, and |
standards that are registered in other states by the United States Department of Labor or another |
state apprenticeship program recognized by the United States Department of Labor if such |
reciprocity is requested by the apprenticeship program sponsor; |
(iv) The cancellation or deregistration of programs, and for temporary suspension, |
cancellation, or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and |
29.9; |
(v) The standards of apprenticeship, program performance standards, apprenticeship |
agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship |
programs, and reciprocal approvalrecognition of apprentices from other states. |
(b) The department of labor and training in accord with its regulations and this chapter |
shall: |
(1) Encourage the promotion, expansion, and improvement of programs of apprenticeship |
training and pre-apprenticeship and the making of apprenticeship agreements; |
(2) Bring about the settlement of differences arising out of an apprenticeship agreement |
when those differences cannot be adjusted locally or in accordance with established trade |
procedure; |
(3) Supervise the execution of agreements and maintenance of standards; |
(4) Register or terminate or cancel the registration of apprenticeship programs and |
apprenticeship agreements; |
(5) Issue certificates of completion of apprenticeship; |
(6) Keep a record of apprenticeship programs and apprentice agreements and their |
disposition; |
(7) Render any assistance and submit any information and data that may be requested by |
employers, employees, and joint apprenticeship committees engaged in the formulation and |
operation of programs of apprenticeship, particularly in regard to work schedules, wages, |
conditions of employment, apprenticeship records, and number of apprentices; |
(8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship |
and employment during apprenticeship; |
(9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or |
training agreements in cooperation with joint employer and employee groups and in conformity |
with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for |
agreements submitted that are in conformity with this chapter, and disapprove those standards or |
agreements submitted that are not in conformity with this chapter, to the extent deemed appropriate; |
(10) Establish committees and approve nominations to existing committees that are |
submitted in conformity with this chapter; |
(11) Terminate registration of committees for failure of the committee to abide by the |
provisions of this chapter; and |
(12) Perform any other duties that are described and imposed by this chapter. |
28-45-9. Standards of apprenticeship programs. |
An apprenticeship program, to be eligible for approval and registration with the department |
of labor and training, shall conform to regulations issued by the department of labor and training |
and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards: |
(1) The program is an organized, written plan embodying the terms and conditions of |
employment, training, and supervision of one or more apprentices in the apprenticeable occupation, |
as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the |
apprentice training program. |
(2) The program standards contain the equal opportunity pledge prescribed inin 29 C.F.R |
§ 30.3(b)29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with |
29 C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.529 C.F.R § 30.10, or similar |
requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted |
pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and |
provisions concerning the following: |
(i) The employment and training of the apprentice in a skilled occupation; |
(ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, |
consistent with training requirements as established by industry practice, which for an individual |
apprentice may be measured either through the completion of the industry standard for on-the-job |
learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency |
(competency-based approach), or a blend of the time-based and competency-based approaches |
(hybrid approach): |
(A) The time-based approach measures skill acquisition through the individual apprentice’s |
completion of at least two thousand (2,000) hours of on-the-job learning as described in a work |
process schedule; |
(B) The competency-based approach measures skill acquisition through the individual |
apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program |
sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job |
learning component of registered apprenticeship. The program standards must address how on-the- |
job learning will be integrated into the program, describe competencies, and identify an appropriate |
means of testing and evaluation for such competencies; |
(C) The hybrid approach measures the individual apprentice’s skill acquisition through a |
combination of specified minimum number of hours of on-the-job learning and the successful |
demonstration of competency as described in a work process schedule; and |
(D) The determination of the appropriate approach for the program standards is made by |
the program sponsor, subject to approval by the registration agency of the determination as |
appropriate to the apprenticeable occupation for which the program standards are registered; |
(iii) An outline of the work processes in which the apprentice will receive supervised work |
experience and training on the job, and the allocation of the approximate time to be spent in each |
major process; |
(iv) Provision for organized, related, and supplemental instruction in technical subjects |
related to the trade. A minimum of one hundred forty-four (144) hours for each year of |
apprenticeship is recommended. This instruction in technical subjects may be accomplished |
through media, such as classroom, occupational or industry courses, electronic media, or other |
instruction approved by the department of labor and training; every apprenticeship instructor must: |
(A) Meet the Rhode Island department of elementary and secondary education |
requirements for a vocational-technical instructor, or be a subject matter expert, which is an |
individual, such as a journey worker, who is recognized within an industry as having expertise in a |
specific occupation; and |
(B) Have training in teaching techniques and adult learning styles, which may occur before |
or after the apprenticeship instructor has started to provide the related technical instruction; |
(v) A statement of the progressively increasing scale of wages to be paid the apprentice |
consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed |
by the federal and state labor standards act, where applicable, unless a higher wage is required by |
other applicable federal law, state law, respective regulations, or by collective bargaining |
agreement; |
(vi) A provision for periodic review and evaluation of the apprentice’s progress in job |
performance and related instruction, and the maintenance of appropriate progress records; |
(vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, |
training, safety, and continuity of employment, and applicable provisions in collective bargaining |
agreements, except where the ratios are expressly prohibited by the collective bargaining |
agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work |
force, department, or plant; |
(viii) A probationary period reasonable in relation to the full apprenticeship term, with full |
credit given for the period toward completion of apprenticeship; the probationary period shall not |
exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; |
(ix) Adequate and safe equipment and facilities for training and supervision, and safety |
training for apprentices on the job and in related instruction; |
(x) The minimum qualifications required by a sponsor for persons entering the |
apprenticeship program, with an eligible starting age not less than sixteen (16) years; |
(xi) The placement of an apprentice under a written apprenticeship agreement that |
conforms to the requirements of this chapter. The agreement shall directly, or by reference, |
incorporate the standards of the program as part of the agreement; |
(xii) The granting of advanced standing or credit for demonstrated competency, previously |
acquired experience, training, or skills for all applicants equally, with commensurate wages for any |
progression step so granted; |
(xiii) The transfer of an apprentice between apprenticeship programs and within an |
apprenticeship program must be based on agreement between the apprentice and the affected |
apprenticeship committees or program sponsors, and must comply with the following requirements: |
(A) The transferring apprentice must be provided a transcript of related instruction and on- |
the-job learning by the committee or program sponsor; |
(B) Transfer must be to the same occupation; and |
(C) A new apprenticeship agreement must be executed when the transfer occurs between |
program sponsors; |
(xiv) Assurance of qualified training personnel and adequate supervision on the job; |
(xv) Recognition for successful completion of apprenticeship evidenced by an appropriate |
certificate issued by the department of labor and training; |
(xvi) Program standards that utilize the competency-based or hybrid approach for |
progression through an apprenticeship and that choose to issue interim credentials must clearly |
identify the interim credentials; demonstrate how these credentials link to the components of the |
apprenticeable occupation; and establish the process for assessing an individual apprentice’s |
demonstration of competency associated with the particular interim credential; further, interim |
credentials must only be issued for recognized components of an apprenticeable occupation, |
thereby linking interim credentials specifically to the knowledge, skills, and abilities associated |
with those components of the apprenticeable occupation; |
(xvii) Identification of the department of labor and training as the registration agency; |
(xviii) Provision for the registration, cancellation, and deregistration of the program, and |
requirement for the prompt submission of any modification or amendment to the department of |
labor and training for approval; |
(xix) Provision for registration of apprenticeship agreements, modifications, and |
amendments; notice to the department of labor and training of persons who have successfully |
completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and |
terminations of apprenticeship agreements and a statement of the reasons therefor; |
(xx) Authority for the cancellation of an apprenticeship agreement during the probationary |
period by either party without stated cause. Cancellation during the probationary period will not |
have an adverse impact on the sponsor’s completion rate; |
(xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed |
in 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method |
for the selection of apprentices authorized by 29 C.F.R § 30.5, or compliance with parallel |
requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 |
C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a |
statement that the program will be conducted, operated, and administered in conformity with |
applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for |
equal opportunity in apprenticeship; |
(xxii) Name and address, telephone number, and e-mail address (if applicable) of the |
appropriate authority under the program to receive, process, and make disposition of complaints; |
(xxiii) Recording and maintenance of all records concerning apprenticeship as may be |
required by the office of apprenticeship or the department of labor and training and other applicable |
law. |
28-45-10. Definitions. |
For the purposes of this chapter: |
(1) “Apprenticeable occupation” is an occupation whichthat possesses all of the following |
characteristics: |
(i) It is customarily learned in a practical way through a structured, systematic program of |
on-the-job supervised learning. |
(ii) It is clearly identified and commonly recognized throughout an industry. |
(iii) It involves the progressive attainment of manual, mechanical, or technical skills and |
knowledge, which is in accordance with the industry standard for the occupation, that requires the |
completion of at least a minimum of two thousand (2,000) hours of on-the-job learning to attain |
experience. |
(iv) It requires related instruction to supplement the on-the-job learning. |
(2) “Apprenticeship agreement” means a written agreement complying with 29 C.F.R. § |
29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship |
committee acting as agent for the program sponsor(s), that contains the terms and conditions of the |
employment and training of the apprentice. |
(3) “Council” means the apprenticeship council as established by § 28-45-2. |
(4) “OA” means office of apprenticeship, United States Department of Labor. |
(5) “Secretary” means Secretary of the United States Department of Labor. |
28-45-13. Standards of apprenticeship agreements. |
All apprenticeship agreements submitted for approval and registration with the department |
of labor and training shall contain explicitly or by reference standards adopted by the council, |
including: |
(1) Names and signatures of the contracting parties (apprentice and the program sponsor |
or employer), and the signature of a parent or guardian if the apprentice is a minor. |
(2) The date of birth of the apprentice and on a voluntary basis the social security number |
of the apprentice. |
(3) Name and address of the program sponsor and the registration agency. |
(4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, |
and the beginning date and term (duration) of apprenticeship. |
(5) A statement showing: |
(i) The number of hours to be spent by the apprentice in work on the job in a time-based |
program or a description of the skill sets to be attained by completion of a competency-based |
program, including the on-the-job learning component; or the minimum number of hours to be |
spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid |
program. |
(ii) The number of hours to be spent in related and supplemental instruction in technical |
subjects related to the occupation which is recommended to be not less than one hundred forty-four |
(144) hours per year. |
(6) A statement setting forth a schedule of the work processes in the occupation or industry |
divisions in which the apprentice is to be trained and the approximate time to be spent at each |
process. |
(7) A statement of the graduated scale of wages to be paid the apprentice and whether or |
not the required related instruction shall be compensated. |
(8) Statements providing: |
(i) For a specific period of probation during which time the apprenticeship agreement may |
be terminated by either party to the agreement upon written notice to the department of labor and |
training, without adverse impact on the sponsor; and |
(ii) That, after the probationary period, the agreement may be canceled at the request of the |
apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to |
the apprentice and a reasonable opportunity for corrective action, and with written notice to the |
apprentice and to the department of labor and training of the final action taken. |
(9) A reference incorporating as part of the agreement the standards of the apprenticeship |
program as it exists on the date of the agreement and as it may be amended during the period of the |
agreement. |
(10) A statement that the apprentice will be accorded equal opportunity in all phases of |
apprenticeship employment, and training, without discrimination because of race, color, religion, |
national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country |
of ancestral origin, as set forth in § 28-5-5. |
(11) Name and address, phonetelephone number, and e-mail address (if applicable) of the |
appropriate authority, if any, designated under the program to receive, process, and make |
disposition of controversies or differences arising out of the apprenticeship agreement when the |
controversies or differences cannot be adjusted locally or resolved in accordance with the |
established procedure or applicable collective bargaining provisions. |
28-45-14. State EEO plan. |
The state apprenticeship programsystem shall operate in conformance with the state law, |
including the equal employment opportunity standards and regulationsplan for equal employment |
opportunity in registered apprenticeship programs as adopted by the Rhode Island department of |
labor and training. |
28-45-16. Reciprocity. |
(a) When a sponsor of ana registered apprenticeship program registered and operating in a |
neighboring state requests registrationreciprocal recognition from the department of labor and |
training to train apprentices for work projects in this state, the sponsor shall be granted |
registrationrecognition, providing the sponsor conforms with the regulations and standards of the |
state of Rhode Island for the occupation. |
(b) An apprentice registered in an approved registered apprenticeship program in a |
neighboring state will be awarded certification of registration for state purposes upon request and |
on the condition that the neighboring state’s sponsorship program is registered with the appropriate |
state apprentice agency. |
(c) The department of labor and training shall have the authority to expand or limit the |
number of states that are subject to the provisions of subsection (a) by regulation through the |
promulgation of rules and regulations. |
(d) The department of labor and training shall accord reciprocal approval for federal |
purposes to apprentices, apprenticeship programs, and standards that are registered in other states |
by the United States Department of Laborby another registration agency as defined in 29 C.F.R. § |
29.2 or a registration agency recognized by the United States Department of Labor or a registration |
agency recognized by the United States Department of Labor if the reciprocity is requested by the |
apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet Rhode |
Island wage and hour provisions and apprentice ratio standards. |
SECTION 10. Section 28-45-18 of the General Laws in Chapter 28-45 entitled |
"Apprenticeship Programs in Trade and Industry" is hereby repealed. |
28-45-18. Vocational school training. |
(a) The council on elementary and secondary education may authorize vocational schools |
to provide apprenticeship classroom training to students subject to the approval of the Rhode Island |
department of labor and training. |
(b) In the event the council authorizes state-certified apprenticeship training under |
subsection (a), and a student successfully completes the vocational school program, then the student |
shall receive apprentice credit, to be applied against a state-certified apprenticeship program |
requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one hundred |
forty-four (144) hours of apprenticeship classroom training. |
SECTION 11. This act shall take effect upon passage. |
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LC004556/SUB A |
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