2010 -- H 8031

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LC02401

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - MUNICIPAL WATER METER

REPLACEMENT

     Introduced By: Representatives Almeida, and Carnevale

     Date Introduced: April 13, 2010

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-20-12 of the General Laws in Chapter 5-20 entitled "Plumbers

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and Irrigators" is hereby amended to read as follows:

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     5-20-12. Corporations and firms engaging in business. -- (a) No corporation, firm,

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association, partnership, or other entity shall engage in business, advertise, make application for

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and take out permits, bid for work, or represent itself as a master plumber or a master irrigator

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unless:

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      (1) A licensed master plumber, as provided in this chapter, shall be continuously

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engaged in the supervision of the entity's plumbing installation, irrigation installation,

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maintenance, and repair work and the licensed master is an officer of the corporation, a partner in

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the partnership, or a similarly authorized principal of any firm, association, or other entity; or

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      (2) The entity possesses a valid plumbing contractor's or master irrigator's license duly

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issued by the department of labor and training as described in subsection (b) of this section.

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      (b) Upon application of any of the entities listed in subsection (a) of this section in form

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and substance prescribed by the department of labor and training, and receipt of the fee for the

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application and license which shall be equal to the fee for a master plumber's license or master

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irrigator's license as described in section 5-20-16, the department of labor and training shall issue

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the applicant entity a license as a plumbing contractor or irrigation contractor. The plumbing

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contractor's or irrigation contractor's license shall specify the name of the entity holding the

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license and shall state that the license holder shall: (1) have a licensed contractor master plumber,

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as that term is defined in section 5-20-12.1, who is continuously engaged in the supervision of the

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entity's plumbing installation, maintenance, and repair work and who is an officer of the

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corporation, a partner in the partnership, or a similarly authorized principal of any firm,

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association, or other entity; or (2) continuously employ at all times while holding the license a

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duly licensed master plumber, or master irrigator as provided in this chapter, who is continuously

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engaged in the supervision of the entity's plumbing installation, irrigation installation,

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maintenance, and repair work. The plumbing contractor's and master irrigator's license shall

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entitle the entity holding the license to engage in business, advertise, bid for work, or represent

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itself as a master plumber or master irrigator or a plumbing contractor and shall also entitle the

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entity to make application for and take out permits through its duly authorized officer or similarly

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authorized principal as well as through the duly licensed contractor master as described in this

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section or the duly licensed master plumber continuously employed by the entity as stated in this

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section, as the case may be. The contractor's license shall not, in and of itself permit a principal,

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officer, employee, or agent of the entity holding the license to individually engage in installation,

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maintenance, or repair work as described above unless that principal, officer, employee, or agent

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is individually licensed so to do.

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      (c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to

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be permissible shall be solely of the type for which the licensed master plumber who serves as an

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officer, or similarly authorized principal of the entity or who is continuously employed by the

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entity holding a plumbing contractor's license, is duly licensed to perform.

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      (d) Any licensed master plumber who serves as an officer or similarly authorized

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principal of this type of entity or who is continuously employed by an entity holding a plumbing

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contractor's license shall represent the interests of one such entity and only one such entity at any

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given time as described in this section.

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      (e) In the event that the licensed master plumber described in this section ceases to be an

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officer or similarly authorized principal of one of the entities described in this section or ceases to

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be continuously employed by an entity holding a plumbing contractor's license for any reason

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whatsoever, the entity shall provide written notice of the cessation to the department of health no

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more than fourteen (14) days after the effective date of occurrence of the cessation. Any entity so

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affected shall provide written notice of the cessation to the department of labor and training

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specifying the licensed master plumber who is replacing the departed licensed master plumber

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referenced in this section no more than forty-five (45) days after the effective date of occurrence

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of the cessation.

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      (f) No corporation, firm, association, partnership, or other entity which engages in, offers

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to engage in, or represents that it engages in plumbing installation, maintenance, or repair work in

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the state of Rhode Island is permitted to incorporate, form, qualify to do business, or otherwise

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register with the Rhode Island secretary of state's office until and unless that office has first

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received a written confirmation from the department of labor and training that all requisite

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licenses to be issued by the department of labor and training have been so issued and remain in

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good standing.

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     (g) Provided, however, that municipalities or water districts may hire or contract with

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qualified workers or companies to replace municipal or district water meters even though they are

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not properly licensed plumbers.

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      (g) (h) Any willful violation of this section is grounds for revocation of license as further

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described in section 5-20-27.

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     SECTION 2. This act shall take effect upon passage.

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LC02401

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - MUNICIPAL WATER METER

REPLACEMENT

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     This act would relieve municipalities and water districts from the requirement of hiring

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only licensed plumbers to replace water meters.

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     This act would take effect upon passage.

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LC02401

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