2002 -- S 2782

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LC02409

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO ELECTRICIANS

     Introduced By: Senators Ruggerio, Tassoni, P Fogarty, Gallo, and Celona

     Date Introduced: February 07, 2002

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-6-2, 5-6-2.1, 5-6-4, 5-6-28, 5-6-32 and 5-6-33 of the General

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Laws in Chapter 5-6 entitled "Electricians" are hereby amended to read as follows:

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     5-6-2. Work for which license required. -- (a) No person, firm, or corporation shall

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enter into, engage in, solicit, advertise, bid for, or work at the business of installing wires,

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conduits, apparatus, fixtures, electrical signs, and other appliances for carrying or using electricity

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for light, heat, fire alarms, as defined in chapter 28.25 of title 23, entitled "fire alarm systems", or

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power purposes, exclusive of low voltage wiring for heating/refrigeration equipment, or work at

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the business of removing and reattaching existing electrical meters, unless that person, firm, or

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corporation shall have received a license and a certificate therefor, issued by the state board of

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examiners of electricians of the division of professional regulation of the department of labor and

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training in accordance with the provisions hereinafter set forth.

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     That person shall carry this license on his or her person at all times while so engaged, and

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shall affix his or her contractor’s license number to any advertisement and/or contract he or she

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executes and/or to any bid he or she files with any consumer for his or her professional services

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and to any applicable permit required for the performance of those services.

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      (b) Any person, firm or corporation which is required to apply for a permit from a local

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building official for any work required to be performed by a person licensed under the provisions

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of this chapter, shall cause such work to be performed by a person licensed under the provisions

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of this chapter; provided, however, that the provisions of this section, except the provision

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regarding removing and reattaching existing electrical meters, shall not apply to owner-occupied

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single family homes.

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     5-6-2.1. Inspection and right of entry. -- The division of professional regulation by and

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through its electrical inspectors investigators and/or electrical board members has the right and

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authority to enter, during times at which electrical work is actually being performed on any

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commercial building, structure, or premises where electrical work is being done, except, however,

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any building, structure, or premises exempt by law, for the purpose of ascertaining compliance

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with this chapter.

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     5-6-4. Board of examiners -- Composition -- Appointment of members -- Policy-

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making role. -- (1) There is created in the division of professional regulation, in the department

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of labor and training, a state board of examiners of electricians which at all times consists of

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seven (7) qualified electors of the state as follows:

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      (i) A member of an electrical inspection department of any city or town with, at least,

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five (5) years' experience as an electrical inspector, or investigator to represent the general public;

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      (ii) A qualified electrical contractor, to represent employers;

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      (iii) A journeyperson electrician to represent labor;

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      (iv) The state fire marshal, who is ex officio, or his or her designee;

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      (v) a qualified employee of any electric utility company to represent the utility

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companies;

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      (vi) A journeyperson electrician to represent organized labor selected from a list of three

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(3) persons submitted to the governor by the American Federation of Labor -- Congress of

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Industrial Organizations (AFL-CIO); and

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      (vii) A member of the Rhode Island sign contractors association.

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      (2) Annually on or before January 31, the governor appoints a member or members of

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the board to succeed the member or members whose term is at that time expiring who serves for

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four (4) years or until his or her successor is elected and qualified. Any vacancy which occurs in

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the board from any cause is filled by the governor for the remainder of the unexpired term.

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      (b) The board has a policy-making role in the preparation and composition of the

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examinations to be administered by the division. Subsequent to the administration of the

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examinations, the board of examiners reviews the examinations to evaluate their effectiveness.

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The board supervises the operation of the division in an advisory capacity in promulgating any

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policy that is necessary to improve the operation of the division in their area of expertise. The

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promulgation of that policy is subject to the approval of the director of the department. Members

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of the board are subject to the provisions of chapter 14 of title 36.

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      (c) The director of labor and training has the power to revoke or suspend the certificate

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or license or impose a fine upon the certificate or license holder, for all certificates and licenses

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issued by the division of professional regulation, after a hearing before and upon the

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recommendation of the board of examiners of electricians.

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     5-6-28. Penalties for unlicensed work. -- Any person, firm, association, or corporation

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or employee of these, and any representative, member, or officer of any firm, association, or

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corporation individually entering upon or engaging in the business and work previously defined,

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without having complied with this chapter, shall for the first offense be punished by a fine of not

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more than five hundred dollars ($500), and for a subsequent offense by a fine of not more than

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seven hundred fifty dollars ($750) or by imprisonment for six (6) months, or both. be assessed

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penalties pursuant to section 5-6-32.

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     5-6-32. Authority of director to assess penalty. -- The director may assess an

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administrative penalty on any person, firm, or corporation for any violation of the provisions of

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this chapter, after notice and a hearing, before and upon the recommendation of the board of

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examiners of electricians in the amount of two hundred and fifty dollars ($250) five hundred

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dollars ($500) for the first violation and five hundred dollars ($500) nine hundred fifty dollars

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($950) for a subsequent violation. All funds collected by the labor and training department under

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this section are placed in the restricted receipts account created pursuant to section 28-22-1.1.

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This section is in addition to any other action provided by law for violations of this chapter.

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     The chief of the section shall act as an investigator with respect to the enforcement of all

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the provisions of law relative to the licensing of electricians and, to this effect, whenever a

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complaint is made by the chief of the section to the director of the department of labor and

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training or his or her designee that the provisions of this chapter are being violated, the director of

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the department of labor and training or his or her designee may issue an order to cease and desist

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from said violation and may impose the above penalties against the violator and against the

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contractor.

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     5-6-33. Enforcement of the chapter -- Prosecution. -- The director of labor and training

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has authority to enforce the provisions of this chapter, either by the use of administrative penalties

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pursuant to section 5-6-32, and section 28-22-2. and/or by complaint made by the director of

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labor and training to the attorney general, whose duty it is to prosecute all violations of this

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chapter upon complaint made by the director of labor and training.

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     The state board of examiners of electricians shall also have concurrent responsibility to

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enforce the provisions of this chapter, and shall have the authority to demand the production of

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the licenses and certificates required by this chapter on any site where work which is the subject

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of this chapter is occurring, and shall have the authority to investigate and, where appropriate,

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make complaints pursuant to sections 5-6-32 and 28-22-2 where such evidence has been obtained

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to sustain a reasonable belief that a violation of this chapter has occurred. The director of the

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department of labor and training shall provide identification to the board members for the purpose

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of this section.

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     SECTION 2. This act shall take effect upon passage.

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LC02409

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTRICIANS

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     This act would clarify the hearing procedures for the board of examiners of electricians,

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raise the fines for violators, authorize the board to investigate licenses, and establish a cease and

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desist order for the chief of the section.

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     This act would take effect upon passage.

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LC02409

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