Introduced By: Senators Ruggerio, Polisena, Goodwin, Montalbano, and Coderre
Date Introduced : January 15, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-27-6 of the General Laws in Chapter 28-27 entitled "Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler Contractors and Journeypersons Sprinkler Fitters and Oil Heat Contractors" is hereby amended to read as follows:
28-27-6. Corporations and firms engaged in business. -- (a) No corporation, firm, association or partnership shall engage in business, advertise, make application for and take out permits, bid for work, or represent itself as a mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems master or contractor unless: (1) a licensed mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems master, as applicable, as provided in this chapter shall be continuously engaged in the supervision of such entity's installation, maintenance, and repair work and such licensed master is an officer of such corporation, a partner in such partnership, or a similarly authorized principal of any such firm, association, or other entity; or (2) such entity shall possess a valid mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems contractor's license, as applicable, duly issued by the department of labor and training as further described in subsection (b) of this section.
(b) Upon application of any of the above entities in form and
substance prescribed by the department of labor and training,
and receipt of the fee for such application and license which
shall be equal to the fee for a mechanical contractor, pipefitter,
refrigeration-air conditioning, fire protection sprinkler systems
master license as described in section 28-27-17, as the same may
be amended from time to time, the department of labor and training
shall issue the applicant entity a license as a mechanical contractor,
pipefitter, refrigeration-air conditioning, fire protection sprinkler
systems contractor, as applicable. Such contractor's license
shall specify the name of the entity holding the license and shall
state that such license holder shall {ADD : (i) have a licensed
mechanical contractor, pipefitter, refrigeration-air conditioning,
fire protection sprinkler systems contractor master, as such term
is defined in section 28-27-6.3 who shall be continuously engaged
in the supervision of such entity's installation, maintenance,
and repair work and who shall be an officer of such corporation,
a partner in such partnership, or a similarly authorized principal
of any such firm, association, or other entity; or (ii) ADD} Continuously
employ at all times while holding such license a duly licensed
mechanical contractor, pipefitter, refrigeration-air conditioning,
fire protection sprinkler systems master, as applicable, as provided
in this chapter, who shall be continuously engaged in the supervision
of such entity's installation, maintenance, and repair work. The
contractor's license shall entitle the entity holding the same
to engage in business, advertise, bid for work, or represent itself
as a mechanical contractor, pipefitter, refrigeration-air conditioning,
fire protection sprinkler systems master or a mechanical contractor,
pipefitter, refrigeration-air conditioning, fire protection sprinkler
systems contractor and shall also entitle such 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 {ADD contractor master as described above or the duly
licensed ADD} master continuously employed by such entity as stated
above {DEL . DEL} {ADD , ADD} {ADD as the case may be. Such
contractor's license shall not, however, in and of itself permit
a principal, officer, employee, or agent of the entity holding
such license to individually engage in installation, maintenance,
or repair work as described above unless such principal, officer,
employee, or agent is individually licensed so to do. ADD}
(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 {ADD or contract master ADD} who serves as an officer or similarly authorized principal of the entity or who {ADD , in the case of a licensed master ADD} is continuously employed by the entity holding a contractor's licenses is duly licensed to perform.
(d) Any licensed master {ADD or contractor master ADD} who serves as an officer or similarly authorized principal of such an entity or who {ADD , in the case of a licensed master, ADD} is continuously employed by an entity holding a contractor's license shall represent the interests of one (1) such entity and only one (1) such entity at any given time as described above.
(e) In the event that the licensed master {ADD or contractor master ADD} described above shall cease to be an officer or similarly authorized principal of one (1) of the entities described above or {ADD , in the case of a licensed master, ADD} shall cease to be continuously employed by an entity holding a contractor's license for any reason whatsoever, such entity shall provide written notice of the same to the department of labor and training no more than fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected shall provide written notice to the department of labor and training specifying the licensed master {ADD or contractor master ADD} who shall replace the departed licensed master {ADD or contractor master, as applicable, ADD} referenced above no more than forty-five (45) days after the effective date of occurrence of such cessation.
(f) No corporation, firm, association, partnership, or other entity which engages in, offers to engage in, or represents that it engages in pipefitting, refrigeration-air conditioning, fire protection sprinkler systems installation, maintenance, or repair work in the state of Rhode Island shall be 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 shall have first received a written confirmation from the department of labor and training that all requisite licenses to be issued by the department of labor {ADD and training ADD} have been so issued and remain in good standing.
(g) Any willful violation of this section shall be grounds for revocation of license as further described in section 28-27-21.
SECTION 4. Chapter 28-27 of the General Laws entitled "Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler Contractors and Journeypersons Sprinkler Fitters and Oil Heat Contractors" is hereby amended by adding thereto the following sections:
{ADD 28-27-26.1. Enforcement. -- ADD} {ADD (a) It shall be the duty of the director of the department of labor and training and of state and local inspection authorities to enforce the provisions of this chapter. Local building and related inspectors, who are involved in day-to-day inspection, shall have the primary responsibility for enforcing the provisions of this chapter. The above individuals shall have authority to demand the production of the licenses and certificates required by this chapter on any site where work which is the subject of this chapter is occurring, and shall have the authority to investigate and where appropriate make complaints pursuant to sections 28-27-22 or 28-27-26 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred. ADD}
{ADD (b) The state board of examiners shall also have concurrent responsibility to enforce the provisions of this chapter, and shall have the authority to demand the production of the licenses and certificates required by this chapter on any site where work which is the subject of this chapter is occurring, and shall have the authority to investigate and where appropriate make complaints pursuant to sections 28-27-22 or 28-27-26 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred. The director of the department of labor and training shall provide identification to the board members for the purposes of this section. ADD}
{ADD 28-27-6.2. Issuance of Contractor Master License. -- ADD} {ADD (a) There is hereby created a class of license which shall be known, respectively, as a mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems contractor master. Such license shall not, in and of itself, permit any holder thereof to individually engage in installation, maintenance, or repair as described herein, but may instead only be used in conjunction with a contractor's license as described in section 28-27-6, as amended. ADD}
{ADD (b) No application for a license of mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems contractor master shall be filed with the department of labor and training, nor shall any applicant be permitted to take the examination for such a license, unless; ADD}
{ADD (1) Such applicant possesses the requisite skill, expertise, education, experience, training, and other qualities or qualifications to take such examination as the department of labor and training, by the promulgation of regulations, may require. ADD}
{ADD (2) The application is accompanied by a test fee which shall equal the fee for a Pipefitter Master I as outlined in section 28-27-17, as amended. ADD}
{ADD (3) Upon passage of the contractor master examination as prepared and administered by the department of labor and training upon recommendation and advice of the board, payment of a license fee which shall equal the fee for a Pipefitter Master I as outline in section 28-27-17, as amended, shall be required and such contractor master license shall be issued as provided in section 28-27-15. ADD}
{ADD (c) Applications must be filed with the department of labor and training at least fifteen (15) days prior to the examination date. ADD}
{ADD (d) All applicants for licensure as a contractor master shall be subject to the bonding requirements set forth in section 28-27-12. ADD}
SECTION 5. This act shall take effect upon passage.
