2000 -- H 8349
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LC03655
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
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A N A C T
RELATING TO AUTOMOBILE BODY REPAIR SHOPS - - MINIMUM STANDARDS
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 5-38 of the General Laws entitled "Automobile Body Repair Shops" is hereby amended by adding thereto the following section:
5-38-5.1. Minimum standards. - - (A) The auto collision repair licensing advisory board shall require that all new applicants for an auto body license and all existing auto body shops shall comply with the following minimum standards or with respect to:
(1) Equipment. Each shop must have:
(a) Electrical and/or hydraulic pulling equipment;
(b) Current dimensional guides appropriate to the vehicle being repaired;
(c) A four (4) point clamping system to secure the vehicle being repaired;
(d) A gauging system capable of three (3) dimensional measuring system;
(e) Appropriate welding equipment that meets or exceeds the manufacturer's requirements, but at a minimum shall include a MIG welder;
(f) An UL (Underwriters Laboratories) approved spray booth complete with air makeup system and fresh air supply for painters. This system shall comply with all OSHA regulations;
(g) A paint system that can produce an original equipment manufacturer's type finish, specifically a base coat and urethane clear coat;
(h) A minimum $25,000 in miscellaneous hand tools;
(i) A power tool vacuum system;
(j) An air conditioning recovery system;
(k) A lift or drive on frame machine setup capable of lifting vehicle at least 3 feet off the floor; and
(l) A current registration with the EPA.
(2) Premises and personnel.
(a) Sub leasing of license or space renting shall be prohibited and grounds for immediate license revocation;
(b) Each new applicant shall maintain a minimum building size of 5,000 square feet in operating space, non-inclusive of any office or non-body shop related space, however, current licensees shall not be required to adhere to this requirement and all current existing licensee locations shall be grandfathered and exempt from this meeting this requirement.
(c) All technicians on licenses premises shall be paid employees of the licensee, however, this requirement shall not preclude any repair shop from subletting individual services to outside vendors;
(d) Each applicant, or at a minimum fifty percent (50%) of its employees or agents shall possess evidence of being qualified in the following:
1) Identification and analysis of damage to vehicles;
2) Measuring principles and techniques;
3) Straightening systems and techniques;
4) Welding in corrosion repair;
5) Replacement of structural parts;
6) Restoring corrosion protection;
7) Suspension, steering, and alignment; and
8) Working with mechanical and electrical parts.
(e) Experience and/or education requirements of personnel which will be recognized to satisfy the requirements of subsection (2)(c) shall be:
1) ASE (Automotive Service Excellence) certification; or
2) a minimum two (2) years hands of working experience as an auto technician, mechanic, and automobile repairer and refinisher; or
3) ICAR (Inter-Industry Conference on Auto Collision Repair) certification in; or
4) Successful completion of courses approved by the director and a minimum of one (1) years experience; or
5) Successful completion of related courses from an accredited state trade school.
(3) Insurance/Evidence of Financial Responsibility each applicant shall, before engaging or continuing to engage in the business of automobile repairing or automobile body repairing or painting, furnish to the director either:
(a) a certificate of insurance issued by an insurance company authorized to transact business in this state showing that the applicant has a policy insuring him against liability for injury to persons and damage to property which may be caused by the operation of such automobile body repair shop. Such policy shall provide for indemnity in the sum of not less than one million dollars ($1,000,000) in the case of one (1) person injured and not less than three million dollars ($3,000,000) in the case of injury of two (2) or more persons in any one accident, and indemnity of not less than one million dollars ($1,000,000) for damage to property; or
(b) a certificate of the General Treasurer of this state that such owner or applicant has filed in his office a bond of a surety company authorized to transact business in this state payable to the General Treasurer, State of Rhode Island, in the penal sum of at least three million dollars ($3,000,000) to indemnify any person who may be injured or whose property may be damaged as result of the operations of such automobile body repair shop.
(d) Such insurance and such bond shall be noncancelable by either party to the contract, except after thirty (30) days notice to the department furnished by such insurance company or such surety company. No license shall be issued by the director until such evidence of financial responsibility is received by the director.
(B) Applicability. The aforesaid minimum standards set forth in subsections (A)(1),(2) and (3)_shall take effect immediately for all new applicants. Existing licensees shall comply before December 31, 2000 and shall be granted an automobile extension, upon written request to the director or the advisory board for one additional year through to December 31, 2001. No extensions will be granted beyond December 31, 2001 and any shop found to be in non-compliance shall forfeit their license immediately.
(C) Review. There minimum standards stated shall be subject to review every three (3) years by the department and or the Auto Body Licensing Advisory Board.
(D) Complaints. (a) All auto body repair shops may file complaints with the department
regarding any matter related to the auto body repair business.
SECTION 2. This act shall take effect upon passage.
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LC03655
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO AUTOMOBILE BODY REPAIR SHOPS - - MINIMUM STANDARDS
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This act would establish minimum standards for auto body repair shops and permit complaints to the DBR.
This act would take effect upon passage.