Chapter 421 |
2025 -- S 0749 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- RESIDENTIAL CONTRACTOR LICENSING |
Introduced By: Senators Ciccone, Burke, Appollonio, Patalano, and Tikoian |
Date Introduced: March 07, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
is hereby amended by adding thereto the following chapter: |
CHAPTER 65.4 |
RESIDENTIAL CONTRACTOR LICENSING |
5-65.4-1. Short title and purpose. |
This chapter shall be known and may be cited as the "Rhode Island residential contractor |
licensing law" to safeguard the public health, the purpose of this chapter is to establish a licensing |
program and minimum standards for contractors supervising or performing structural work in |
residences of one to four (4) family dwelling units. |
5-65.4-2. Definitions. |
Unless specified otherwise, the definitions of § 5-65-1 shall apply to this chapter. As used |
in this chapter: |
(1) "Board" means the contractors' registration and licensing board established in chapter |
65 of title 5. |
(2) "Residential structure" means a building consisting of one- to four-(4)family (4) |
dwelling units. |
(3) "Structurally remodeling" means work performed by a contractor identified by the |
board as impacting components that support a building's safety or integrity, and any other work |
identified by the board that requires permits and/or inspections under the state building code. |
(4) "Supervising construction" means the performance, management, guidance or oversight |
of the physical development of structures. |
5-65.4-3. Licensing. |
(a) In addition to the provisions of chapter 65 of title 5, the contractors' registration and |
licensing board is authorized to establish a program to license contractors that supervise the |
construction of new residential structures, or structurally remodel existing residential structures, to |
ensure persons performing such are properly qualified to conduct the work. As determined by the |
contractors' registration and licensing board, contractors only performing nonstructural home |
improvement work shall remain subject exclusively to the registration system in chapter 65 of title |
5. |
(b) The license program shall not create an unreasonable barrier to entry nor inhibit trade |
or competition, but shall be designed to advance consumer protection by establishing a standard of |
competency and enhance ongoing adherence to building standards and codes through continuing |
education, code competency demonstrations, or industry training programing. The board may |
create a reasonable license pathway or substantive evidence standard to issue licenses to contractors |
registered prior to January 1, 2027, but it shall not be a grandfathering based solely on registration |
status prior to January 1, 2027. |
(c) The board may adopt, for licenses granted under this chapter, any policy or procedure |
applicable to registrations under chapter 65 of title 5 that does not conflict with the provisions of |
this chapter; provided, however, that any penalties issued pursuant to this chapter shall be |
determined by the board and the state building office shall assist the board with the administration |
of such penalties. |
(d) On or before January 1, 2027, the contractors' registration and licensing board shall |
promulgate regulations to establish a licensing program for: |
(i1) Supervising construction of new residential structures; and |
(ii2) Structurally remodeling of existing residential structures. |
(e) Beginning on January 1, 2028, no person shall supervise the construction of a new |
residential structure or structurally remodel an existing residential structure without proper |
licensure from the contractors' registration and licensing board. A license issued by the board to a |
contractor under this chapter shall serve to fulfill the contractor registration requirements of chapter |
65 of title 5. |
(f) Pursuant to board regulations, all persons seeking to be licensed as a new residential |
structure construction supervisor or residential construction remodeler as defined herein shall |
submit an application to the contractors' registration and licensing board on the form or forms that |
the board requires. As specified by the board, the application shall include, but not be limited to, |
the following information: |
(1) The name and photo identification of the applicant; |
(2) The business address of the applicant; |
(3) The mailing address of the applicant; |
(4) The telephone number of the applicant; |
(5) Any registration number and/or other license number issued by the state, or any city or |
town; |
(6) A statement of the skills, training, and experience of the applicant sufficient to ensure |
public safety, health, and welfare; |
(7) Proof of insurance; and |
(8) Agent of service for out-of-state contractors. |
(g) To be eligible for licensure as a new residential structure construction supervisor or as |
a residential construction remodeler, an applicant shall also, at a minimum, fulfill the following |
requirements: |
(l) Pass appropriate examination approved or administered by the contractors' registration |
and licensing board; |
(2) Be in good standing with and satisfy all requirements of the rules and regulations |
established by the contractors' registration and licensing board; and |
(3) Satisfy continuing education requirements as prescribed and recognized by the |
contractors' registration and licensing board. |
(h) The contractors' registration and licensing board is authorized to adopt rules and |
regulations pursuant to chapter 35 of title 42 ("administrative procedures"), necessary to effectuate |
the purposes of this chapter. Rules and regulations shall provide a fine schedule, which shall |
establish grounds for discipline for license holders or non-licensed contractors. Fines shall be |
structured not to exceed five thousand dollars ($5,000) per day, per offense for conduct injurious |
to the welfare of the public, as well as those grounds for discipline established pursuant to § 5-65- |
10. |
(i) Any person applying for a license under this chapter and making any material |
misstatement as to applicant's experience or other qualifications, or any person, firm, or corporation |
subscribing to or vouching for any misstatement, shall be subject to the discipline and penalties |
provided in § 5-65-10. |
(j) No corporation, firm, association, or partnership shall engage in the business of the |
construction of new residential structures or structurally remodeling of existing residential |
structures, or represent itself as such, unless licensed by the contractors' registration and licensing |
board. If the license holder dies or otherwise becomes incapacitated, the corporation, firm, or |
association shall be allowed to continue to operate until the next examination shall be given or such |
times as the board shall see fit. In no event shall the corporation, firm, association, or partnership |
continue to operate longer than twelve (12) months or in accordance with the board's established |
rules and regulations without satisfying the license requirements of this chapter. |
5-65.4-4. Fees. |
All persons seeking licensure under this chapter shall submit a payment in the amount as |
determined by the contractors' registration and licensing board, which shall support the licensing |
program, representing a license fee. All fines and fees collected pursuant to this chapter shall be |
deposited into a restricted-receipt account, which shall be exempt from the indirect cost recovery |
provisions of § 35-4-7, to be used exclusively to support programs established by the board. |
5-65.4-5. Penalties for violations. |
(a) Any person who operates as a supervisor of new residential construction or remodeler |
of existing residential structures without a license as adjudged in a final order issued by the board, |
upon proper written notification, is deemed guilty of a misdemeanor and, upon conviction, shall be |
imprisoned for a term not exceeding one year or fined not more than one thousand dollars ($1,000), |
or both, for a first or second offense. A third or subsequent violation of this chapter shall be a felony |
and, upon conviction, the person shall be imprisoned for a term not exceeding two (2) years, or |
fined not more than two thousand dollars ($2,000), or both. |
(b) Any person who violates a final order of the board where the monetary total of the order |
including, but not limited to, the monetary judgment and/or fines, is not more than five thousand |
dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor, and, upon |
conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand |
dollars ($1,000), or both. |
(c) Any person who violates a final order of the board where the monetary total of the order |
including, but not limited to, the monetary judgment and/or fines, is five thousand dollars ($5,000) |
or more, upon proper written notification, is deemed guilty of a felony and, upon conviction, shall |
be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand dollars |
($10,000), or both. |
(d) A final order shall be considered delivered when served to a defendant or designated |
agent to accept service. In addition to any sentence or fine imposed by the court under subsections |
(a), (b), and (c) of this section, the court shall order a defendant to comply with any outstanding |
final order of the board, including any monetary judgment, and to pay to the board any outstanding |
fine or fines previously imposed by the board pursuant to this chapter. |
(e) If a contractor is a repeat offender with violations of three (3) or more final orders of |
the board with respect to three (3) separate individuals/aggrieved parties and the violations are filed |
within a twenty-four-(24)month (24) period, the violation shall be prosecuted as a felony and, upon |
conviction, the violator shall be subject to imprisonment for a term not to exceed ten (10) years, or |
fined not more than ten thousand dollars ($10,000), or both. |
SECTION 2. Section 5-65-14 of the General Laws in Chapter 5-65 entitled "Contractors’ |
Registration and Licensing Board" is hereby amended to read as follows: |
5-65-14. Contractors’ registration and licensing board — Members — Terms — |
Confirmation — Vacancies — Qualification. |
(a) The board shall consist of seventeen (17) members appointed by the governor, at least |
ten (10) of whom shall be registered contractors. Of the seventeen (17) members, two (2) shall be |
licensed roofers; one shall be a current member of the building codes standards committee pursuant |
to § 23-27.3-100.1.4; one two (2) shall be a representative representatives of the general public; |
one shall be a licensed and practicing architect or engineer; two (2) one shall be a licensed home |
inspectors inspector; one shall be the president of the Rhode Island Builders Association or |
designee; one shall be the executive director of the Utility Contractors Association of Rhode Island, |
or designee; one shall be the executive director of the Rhode Island Independent Contractors and |
Associates, or designee; and one shall be the executive director of the Rhode Island Association of |
General Contractors, or designee. The building code standards committee member shall be |
designated by the state building commissioner, and shall be appointed as provided in subsection |
(b) of this section. |
(b) The commissioner’s designee and the other members appointed by the governor shall |
each serve a term of three (3) years. Before the expiration of the term of a member, the governor |
shall either reappoint the member or appoint a successor. If there is a vacancy for any cause, the |
governor shall make an appointment immediately effective for the unexpired term. At the |
expiration of their terms, members shall remain and shall continue in their official capacity until a |
new member is appointed and confirmed. |
(c) In order to be eligible for board membership, the ten (10) contractor members of the |
board must be registered and/or licensed under this chapter and maintain their registrations and/or |
licenses in good standing during their term of office. |
SECTION 3. This act shall take effect upon passage. |
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LC001869/SUB A |
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