2006 -- S 2646

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LC01089

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO ELECTRICIANS

     Introduced By: Senators Ruggerio, Doyle, McCaffrey, Felag, and Ciccone

     Date Introduced: February 09, 2006

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-6-1, 5-6-2, 5-6-7, 5-6-8, 5-6-11, 5-6-13, 5-6-16, 5-6-19, 5-6-24

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and 5-6-29 of the General Laws in Chapter 5-6 entitled "Electricians" are hereby amended to read

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as follows:

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     5-6-1. Definitions. -- For purposes of this chapter:

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      (a) "Electrical contractor" means a corporation, firm or person, who, by the employment

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of journeypersons, performs the work of installing wires, conduits, apparatus, fixtures, and other

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appliances for carrying or using electricity for light, heat or power purposes exclusive of low

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voltage wiring for heating or refrigeration equipment for service, maintenance, and installation.

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      (b) "Electrical sign contractor" means a corporation, firm, or person who, by the

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employment of electrical sign installers, performs the work of installing, altering, and servicing

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electrical signs.

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      (c) "Electrical sign installer" means a person engaged in installing, altering, and

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servicing electrical signs.

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      (d) "Fire alarm contractor" means a corporation, firm, or person who, by the employment

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of fire alarm installers, performs the work of installing, altering and servicing and testing of fire

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alarm systems in accordance with the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of

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title 23.

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      (e) "Fire alarm installation" means the installation or alteration of a fire alarm system

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according to the Rhode Island Fire Safety Code.

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      (f) "Fire alarm installer" means a person engaged in installing, altering, or servicing and

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testing of a fire alarm system used for the purpose of causing an alarm to be sounded in case of

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fire.

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      (g) "Journeyperson electrician" means a person doing any work of installing wires,

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conduits, apparatus, fixtures, and other appliances.

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      (h) "Oil burner contractor" means a corporation, firm, or person, who by the employment

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of oil burnerpersons performs the work of installing and servicing oil and domestic automatic

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coal burning heating equipment, including central heating plants, and domestic type range

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burners, and including all accessory equipment and control systems, excluding thermostatic,

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mechanical, and low voltage wiring on heating, ventilating and air conditioning equipment.

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      (i) "Oil burnerperson" means a person doing any work or installing or servicing oil

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burners and other equipment installed and serviced by an oil burner contractor.

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     (j) "Lightning Protection Contractor" means a corporation firm or person who, by the

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employment of lightning protection installers performs the work of lightning rods, cable,

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servicing arrestors, and any apparatus pertaining to the purpose of lightning protections. As

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defined in NFPA 790 and all NFPA related documents.

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     5-6-2. Work for which license required. -- (a) (1) 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, lightning protection equipment as defined in section

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5-6-1, and other appliances for carrying or using or generating electricity for light, heat, fire

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alarms, as defined in chapter 28.25 of title 23, entitled "fire alarm systems", or power purposes,

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exclusive of low voltage wiring for heating/refrigeration equipment, or work at the business of

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removing and reattaching existing electrical meters, unless that person, firm, or corporation shall

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have received a license and a certificate for the business, issued by the state board of examiners of

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electricians of the division of professional regulation of the department of labor and training in

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accordance with the provisions set forth in this chapter.

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

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

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

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services 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 the work to be performed by a person licensed under the provisions of

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

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and reattaching existing electrical meters, shall not apply to owner-occupied single family homes.

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     5-6-7. Forms of licenses. -- Eleven (11) forms of licenses shall be issued:

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      (1) The first, subsequently referred to as Certificate A, is known as an "electrical

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contractor's license";

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      (2) The second, subsequently referred to as Certificate B, is known as a "journeyperson

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electrician's license";

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      (3) The third, subsequently referred to as Certificate C, is known as a "limited premises

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license";

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      (4) The fourth, subsequently referred to as Certificate E, is known as an "oil burner

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contractor's license";

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      (5) The fifth, subsequently referred to as Certificate F, is known as an "oil burnerperson's

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license";

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      (6) The sixth, subsequently referred to as Certificate AF, is known as a "fire alarm

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contractor's license";

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      (7) The seventh, subsequently referred to as Certificate BF, is known as a "fire alarm

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installer's license";

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      (8) The eighth, subsequently referred to as Certificate SCF, is known as "an electrical

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sign contractor's license";

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      (9) The ninth, subsequently referred to as Certificate CF, is known as "an electrical sign

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installer's license";

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      (10) The tenth, subsequently referred to as Certificate D, is known as a "limited

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maintenance license"; and

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      (11) The eleventh, subsequently referred to as Certificate M shall be known as a "limited

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maintenance journeyperson license."

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     (12) The twelfth subsequently referred to as certificate LPC shall be known as a

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"lightning protection contractor's license".

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     (13) The thirteenth subsequently referred to as certificate LPI shall be known as a

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"lightning protection installer".

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     5-6-8. Contractor's certificates/licenses. -- (a) Electrical contractor's license. -

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Certificate A shall be issued to any person, firm or corporation, qualified under this chapter,

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engaging in, or about to engage in, the business of installing electrical wires, conduits, apparatus,

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fixtures, fire alarm and safety communication systems and other electrical appliances, excluding

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low voltage wiring for heating, ventilating and air conditioning equipment. The certificate shall

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specify the name of the person, firm, or corporation applying and the name of the person, who in

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the case of a firm is one of its members, and in the case of a corporation, one of its officers,

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passing the examination, by which he or she or it is authorized to enter upon or engage in

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business as prescribed in the certificate. The holding of a Certificate A does not entitle the holder

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individually to engage in or perform the actual work of installing electric wires, conduits, and

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appliances as previously described in this chapter, but entitles him or her to conduct business as

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an electrical contractor.

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      (b) Oil burner contractor's license. - A Certificate E shall be issued to any person, firm,

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or corporation qualified under this chapter, and engaged in, or about to engage in, the business of

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an oil burner contractor, as defined in section 5-6-1. The certificate shall specify the name of the

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person, firm, or corporation applying and the name of the person who, in the case of a firm is one

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of its members, and in the case of a corporation one of its officers, passing the examination, by

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which he or she or it is authorized to enter upon or engage in business as prescribed in the

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certificate. The holding of a Certificate E does not entitle the holder individually to engage in or

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perform any work on, or in connection with electric wires, conduits, and appliances as previously

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described in this chapter, but entitles the holder to contract to do that work to the extent permitted

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in this chapter, through the employment of oil burnerpersons holding a Certificate F. An oil

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burner contractor who is the holder of a Certificate A is not required to obtain a Certificate E.

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      (c) Fire alarm contractor's license. - A Certificate AF shall be issued to any person, firm,

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or corporation qualified under this chapter, and engaged in or about to engage in the business of a

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fire alarm contractor, as defined in section 5-6-1. The certificate shall specify the name of the

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person, firm, or corporation applying and the person who, in the case of a firm is one of its

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members, and in the case of a corporation one of its officers, passing the examination, by which

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he or she or it is authorized to enter upon or engage in business as prescribed in the certificate.

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The holding of a Certificate AF does not entitle the holder individually to engage in or perform

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and work on, or in connection with, electric wires, fire alarm wires, conduits, and appliances as

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previously described in this chapter, but entitles the holder to contract to do that work to the

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extent permitted in this chapter through the employment of fire alarm installers holding a

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Certificate BF. A contractor who is the holder of a Certificate A is not required to obtain a

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Certificate BF.

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      (d) Electrical sign contractor's license. - A Certificate SCF shall be issued to any person,

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firm, or corporation qualified under this chapter, and engaged in or about to engage in the

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business of electrical sign installations, as defined in section 5-6-1.

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     (e) Lightning protection contractor. A certificate LPC shall be issued to any person, firm

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or corporation qualified under this chapter and engaged in or about to engage in the business of

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lightning protection contractor as defined in section 5-6-1. The certificate shall specify the name

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of the person, firm or corporation applying and the person who in the case of a firm is one of its

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members and in the case of a corporation, passing examination by which he or she or it is

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authorized to enter upon or engage in business as prescribed in the certificate. The holding of a

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certificate of LPC does not entitle a holder individually to engage in or perform and work on or in

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connection with lightning protection equipment as defined in section 5-6-1.

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     5-6-11. Certificate/license of oil burnerperson, fire alarm installer, and electrical

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sign installers. -- Certificate/license of oil burnerperson, fire alarm installer, and electrical

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sign installers, lightning protection installer. -- (a) Oil burnerperson's license. - A Certificate F

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shall be granted to any person who has passed an examination before the division of professional

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regulation. The certificate shall specify the name of the person authorized to work on, and repair

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electric wiring and equipment located in or on oil burners burning fuel oil no heavier than No. 2,

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and other equipment serviced by oil burner contractors, to the extent only as is necessary to

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service, maintain and repair those oil burners and equipment. The license shall limit the holder of

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a Certificate F to do work on electric wiring or equipment located between the meter and those oil

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burners and equipment, but in no event to do any electrical work on oil burners burning No. 3, 4,

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5, or 6 fuel oil.

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      (b) Fire alarm installer's license. - A Certificate BF shall be granted to any person who

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has passed an examination before the division of professional regulation. The certificate shall

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specify the name of the person authorized to work on, install, maintain, and test fire alarm

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systems.

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      (c) Electrical sign installer's license. - A Certificate CF shall be granted to any person

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who has passed an examination before the division of professional regulations. The certificate

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shall specify the name of the person authorized to install, maintain, work on, and repair electrical

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signs.

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     (d) Lightning protection installers license. A certificate LP shall be granted to any person

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who has passed an examination before the division of professional regulations the certificate shall

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specify the name of the person authorized to install, maintain, work on, and repair lightning

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protection systems as defined in section 5-6-1.

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     5-6-13. Journeyperson and burnerperson restricted to work as employee of licensee.

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-- (a) Except as provided in section 5-6-14, a holder of a Certificate B is not entitled to do any

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work of installing wires, conduits, apparatus, fixtures, or other appliances for carrying or using

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electricity for light, heat, or power purposes except as an employee of a holder of a Certificate A,

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of a Certificate C, or a Certificate D, or unless the holder of a Certificate B is also registered as an

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electrical contractor and holds a certificate.

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      (b) A holder of a Certificate F is not entitled to do any work on electric wiring, conduits,

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apparatus, fixtures, or other appliances for carrying or using electricity for light, heat, or power

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purposes, except as an employee of a holder of a Certificate E or A unless the holder of a

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Certificate F is also registered as an oil burner contractor and holds a Certificate E.

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      (c) A holder of a Certificate AF is limited to fire alarm, fixtures, equipment for fire alarm

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purposes only, and life safety equipment only unless the holder of a Certificate AF also holds a

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Certificate BF.

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      (d) A holder of a Certificate SCF is limited to electrical sign contracting only. A

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Certificate CF is required for the actual installation of the electrical sign.

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     (e) A holder of a certificate LPC is limited to lightning protection contracting only. A

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certificate LP is required for the actual installation of the electrical sign.

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     5-6-16. License fees. -- A fee of one hundred twenty dollars ($120) shall be paid by each

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applicant for an electrical contractor's license Class A; thirty-six dollars ($36.00) for a

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journeyperson electrician's license Class B; one hundred twenty dollars ($120) for a limited

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premises license Class C; one hundred twenty dollars ($120) for an oil burner contractor's license

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Class E; thirty-six dollars ($36.00) for an oil burnerperson's license Class F; one hundred twenty

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dollars ($120) for a fire alarm contractor's license Class AF; thirty-six dollars ($36.00) for a fire

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alarm installer's license Class BF; one hundred twenty dollars ($120) for an electrical sign

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contractor's license SCF; thirty-six dollars ($36.00) for a sign installer's license Class CF; and one

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hundred twenty dollars ($120) for a limited maintenance license Class D.

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     A fee of one hundred twenty dollars ($120) shall be paid by each applicant for a lightning

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protection contractors license class LPC.

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     A fee of thirty-six dollars ($36.00) shall be paid by each applicant for a lightning

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protection installers license LP.

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     5-6-19. Display of licenses. -- (a) Holders of Licenses B, F, BF, CF, A, E, AF, and SCF,

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LPC, and LP shall be furnished by the division of professional regulation with evidence of having

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been licensed in card form or otherwise, which shall be carried on the person of the licensee and

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exhibited on request.

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      (b) Any sign, listing, or advertisement of any type of a holder of those licenses shall

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contain the holder's name, address, and license number; provided, only those persons, firms, or

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corporations who are holders of a Class A license shall be permitted to advertise for the

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employment of journeyperson or electrical apprentices.

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     5-6-24. Apprentices -- Registration fee. -- (a) This chapter does not forbid the

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employment of one properly limited registered apprentice electrician working with and under the

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direct personal supervision of a licensed journeyperson electrician. Additionally, this chapter does

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not forbid the employment of: (1) one properly registered apprentice oil burnerperson working

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with and under the direct personal supervision of a licensed oil burnerperson; (2) one properly

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registered apprentice fire alarm installer working with and under the direct personal supervision

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of a licensed fire alarm installer; or (3) two (2) properly registered apprentice electrical sign

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installer working with and under the direct personal supervision of a licensed electrical sign

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installer; or (4) one properly registered apprentice maintenance electrician working with and

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under the direct personal supervision of a valid Class C or Class D license holder ;or (5) one

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properly registered apprentice lightning protection working with and under the direct personal

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supervision of a valid class LP license holder. Apprentices are required to register with the

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division of professional regulation initially upon payment of a fee of twenty dollars ($20.00) per

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year. Apprentices are required to register with the division of professional regulation immediately

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upon employment with a properly licensed electrical contractor.

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      (b) Indentured apprentice electricians are required to work a minimum of eight thousand

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(8,000) hours over a period of time of not less than four (4) years and successfully complete one

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hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

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program approved by the Rhode Island department of labor and training, to qualify for the

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journeyperson "B" electrician examination. Provided, that the test applicant has possessed for at

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least four (4) years prior to the filing of the application a certificate of registration in full force

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and effect from the department of labor and training of Rhode Island specifying the person as an

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indentured apprentice, and the application of an applicant is accompanied by an affidavit or

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affidavits of his or her employer or former employers or other reasonably satisfactory evidence

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showing that the applicant has been actually engaged in electrical work as an apprentice in Rhode

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Island during those four (4) years, or the application is accompanied by an affidavit or other

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reasonably satisfactory evidence showing that the applicant has successfully completed a course

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of study in a recognized college or university and has pursued a course of electrical technology

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for at least two (2) academic years or is the recipient of an associate degree in electrical

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technology, and has thereafter been indentured by the department of labor and training as an

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apprentice for at least two (2) years and employed as an indentured apprentice by a duly licensed

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electrician master in this state for a period of two (2) years, or a showing that the applicant

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possesses a certificate of license issued under the laws of another state. Limited registered

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apprentice electricians shall be required to work a minimum of four thousand (4,000) hours over a

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period of time of not less than two (2) years.

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      (c) Indentured apprentice maintenance electricians are required to work a minimum of

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six thousand (6,000) hours over a period of time of not less than three (3) years and successfully

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complete a one hundred forty-four (144) hours of related instruction per year in an indentured

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apprenticeship program approved by the Rhode Island department of labor and training, to qualify

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for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

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possessed for at least three (3) years prior to the filing of the application a certificate of

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registration in full force and effect from the department of labor and training of Rhode Island

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specifying the person as an indentured apprentice, and the application of an applicant is

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accompanied by an affidavit or affidavits of his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has been actually engaged in

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electrical work as an apprentice in Rhode Island during those three (3) years. Class M

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journeyperson electricians may qualify to take the journeyperson "B" electrician examination

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upon registering as a fourth year apprentice and becoming employed by a properly licensed Class

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A electrical contractor for that period of time.

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     5-6-29. Persons and work exempt. -- (a) The provisions of this chapter do not apply to:

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      (1) The electrical work and equipment for the generation and primary distribution of

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electric current, or the secondary distribution system up to and including the meters, where that

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work and equipment is an integral part of the system owned and operated by an electric light and

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power company in rendering its authorized service; or to the electrical work and electrical

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equipment employed in connection with the manufacture and distribution of gas, where that work

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and equipment is an integral part of the system owned and operated by a gas company in

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rendering its authorized service.

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      (2) The electrical work and equipment employed in connection with the operation of

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signals, or the transmission of intelligence, where that work and equipment is an integral part of

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the communication system owned and operated by a municipality or by a telegraph or telephone

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company, or any community antenna television system (CATV) subject to regulation under title

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39 by the division of public utilities or any subcontractor of a CATV system, including the work

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of a telephone company of installing, repairing or replacing all wiring on the load side of the last

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fused distribution point, and all of the emergency wiring installed, replaced, or repaired by a

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telephone company; or any community antenna television system (CATV) subject to regulation

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under title 39 by the division of public utilities or any subcontractor of such CATV system.

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      (3) The electrical work and equipment in mines, ships, railway rolling stock, or

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automotive equipment, or devices subject to the provisions of chapter 33 of title 23.

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      (4) Any work involved in the manufacture, test, or repair of electrical equipment in the

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manufacturer's plant, but not including any electrical wiring other than that required for testing

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purposes.

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      (b) This chapter does not apply to installations in suitable laboratories of exposed

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electrical wiring for experimental purposes only.

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      (c) This chapter does not forbid the installation of electrical work in a single-family or

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two-family dwelling on the immediate premises of the dwelling by the owner of the dwelling if

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living on, or about to live on, the premises.

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      (d) This chapter does not apply to any person who now holds or subsequently may hold a

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hoisting engineer's license issued by the state and who excavates for and installs underground

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conduits for electric utilities only; provided, that hoisting engineers shall be prohibited from

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installing electrical wiring and/or making the service connection of any such electrical wires

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and/or cables. A city, town or such other authorized official shall issue a building permit to a

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licensed hoisting engineer for excavation and installation of such underground conduits upon

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submission of a completed application to the appropriate building official; provided, that a

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building permit will not be required if the work is performed for an electric distribution company.

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nor does it apply to any person who now holds or may subsequently hold a license to operate a

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moving picture machine regardless of whether or not that license was granted by any town or city

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council in the state or by any person, board, or agency endowed with authority to issue that

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license.

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     SECTION 2. This act shall take effect upon passage.

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LC01089

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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 provide guidelines for the regulation of lightning protection contractors.

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     This act would take effect upon passage.

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LC01089

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