Introduced By: Representatives Carter and Faria
Date Introduced : February 24, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-20-6, 5-20-8, 5-20-9, 5-20-10, 5-20-11, 5-20-13, 5-20-14, 5-20-15, 5-20-16, 5-20-17, 5-20-18, 5-20-19, 5-20-20, 5-20-21, 5-20-23, 5-20-25, 5-20-27, 5-20-28, 5-20-29, 5-20-30, 5-20-31, 5-20-32, 5-20-33.1 and 5-20-35 of the General Laws in Chapter 5-20 entitled "Plumbers" are hereby amended to read as follows:
5-20-6. Board of examiners -- Composition -- Appointment
of members. -- (a) A state board of plumbing examiners
is hereby created in the department of {DEL health DEL}
{ADD labor and training ADD} whose duty it shall be to supervise
the operation of the division of professional regulation in an
advisory capacity in promulgating such policy as may be necessary
to improve the operation of the division in their area of expertise.
The promulgation of that policy shall be subject to the approval
of the director of the department.
(b) The board shall consist of five (5) members, one of whom shall
be the director of {DEL health, DEL} {ADD labor and training, ADD}
ex officio, two (2) of whom shall be master plumbers possessing
at the time of appointment, for a period of five (5) years, a
certificate of license in full force and effect from the department
of {DEL health DEL} {ADD labor and training ADD} of the state,
under the provisions of this chapter, specifying those persons
as master plumbers and two (2) of whom shall be journeyperson
plumbers possessing at the time of appointment, for a period of
ten (10) years, a certificate of license in full force and effect
from the department of {DEL health, DEL} {ADD labor and training, ADD}
under the provisions of this chapter, specifying those persons
as journeyperson plumbers. All of the members of the board shall
be citizens of this state for at least two (2) years last past
before their appointment. The director of {DEL health DEL}
{ADD labor and training ADD} shall be the chairperson of the board
and the board shall elect from its membership a deputy chairperson
and secretary. The members of the board, except the ex officio
members thereof, shall be appointed as hereinafter provided.
(c) The aforesaid provisions shall be applicable only to appointments made by the governor subsequent to May 16, 1966.
(d) On the expiration of the term of any master plumber member or journeyperson plumber member of the board, the governor shall appoint for a term of three (3) years a master plumber member and a journeyperson plumber member having the qualifications required by this chapter to take the place of the master plumber member and the journeyperson plumber member whose term on the board has expired. That member shall hold office until the expiration of the term for which that member is appointed and until his or her successor shall have been duly appointed and qualified. Any vacancy which shall occur in the master plumber members or journeyperson plumber members of the board from any cause shall be filled by appointment by the governor for the remainder of the unexpired term of that member.
5-20-8. Practices for which master's license required. --
No person shall engage in this state in the business of plumbing
as a master plumber, or as an employer of a journeyperson plumber
or plumber's apprentice or shall enter into contracts or agreements
for the installation, maintenance, or repair of plumbing or perform
any of the acts specified in this chapter for performance by a
master plumber, or shall advertise or represent in any form or
manner that they are a master plumber or that they will install
plumbing unless that person possesses a certificate of license
in full force and effect from the department of {DEL health DEL}
{ADD labor and training ADD} specifying that person as a master plumber.
That person shall carry the certificate on their person at all
times while so engaged, and shall affix their plumber's license
number to any contract they execute or bid filed with any person
for their professional services and to any applicable permit required
for the performance of those services.
5-20-9. Acts for which journeyperson's license required.
-- No person shall engage to work as a journeyperson plumber
or represent in any form or manner that he or she is a journeyperson
plumber unless that person possesses and carries on his or her
person at all times while so engaged a certificate of license
in full force and effect from the department of {DEL health DEL}
{ADD labor and training ADD} specifying that person as a journeyperson
plumber.
5-20-10. Work for which apprentice certificate required.
-- No person shall engage to work as an apprentice plumber
unless that person possesses and carries on his or her person
at all times while so engaged a certificate of registration in
full force and effect from the department of {DEL health DEL}
{ADD labor and training ADD} specifying that person as an apprentice
plumber.
5-20-11. Licensing of drainlayers and installers. --
(a) Nothing in this chapter shall prohibit any city or town from
granting a license to any person as a drainlayer to engage in
the laying of drains outside of buildings, making connections
with the public sewers, private drains and cesspools; provided
that the holder of a certificate or license issued by the department
of {DEL health DEL} {ADD labor and training ADD} of this state
in conformity with this chapter shall not be required by any city
or town to obtain any other license for the installation, maintenance,
or repair of plumbing or the laying of drains.
(b) Persons licensed as master plumbers under the provisions of this chapter shall not be required to obtain an installer's license as required by chapter 56 of title 5, provided however, master plumbers shall be required to comply with the provisions of section 5-56-7.
5-20-13. Functions of board of examiners. -- The
state board of plumbing examiners shall aid and cooperate with
the director of the department of {DEL health DEL} {ADD labor
and training ADD} and the division of professional regulation:
(1) In preparing forms for application for examinations for license;
(2) In preparing subject matter, questions, and all necessary items for examination as provided in this chapter and in reviewing examinations to evaluate their effectiveness;
(3) In preparation of rules to govern examinations and hearings for revocation and reinstatement of licenses;
(4) In the performance of such other duties for the purpose of carrying out the provisions of this chapter as such duties are from time to time prescribed by the director of the department; and
(5) In the adoption and from time to time the revision of such rules and regulations not inconsistent with the law as may be necessary to carry into effect the provisions of this chapter.
5-20-14. Duties of director. -- The director of
the department of {DEL health DEL} {ADD labor and training ADD}
of the state shall:
(1) Prepare license certificates and issue the same in conformity with this chapter;
(2) Maintain an up-to-date record specifying the names and addresses of licensed master plumbers and journeyperson plumbers of this state. That record shall show dates of issuance of licenses and be open to public inspection. Those records shall also show dates of filing of complaints and the nature of those complaints for revocation of license and the date of, as well as the final order upon, those complaints;
(3) Prescribe standards for what shall constitute a recognized college or university, and to determine the conformance to such standards;
{DEL (4) Prepare monthly a full and complete statement of all
receipts derived under this chapter and turn over to the general
treasurer all those moneys in possession of the department. DEL}
5-20-15. Applications for licenses. -- Any applicant
for a license as a master plumber, journeyperson plumber, or an
apprentice plumber in this state shall present his or her application
to the department of {DEL health DEL} {ADD labor and training ADD}
on the printed form provided therefor.
5-20-16. Qualifications of master plumber -- Application
fee. -- No application for a license of a master plumber
shall be filed by the department of {DEL health DEL} {ADD labor
and training ADD} nor shall any applicant be permitted to take
the examination for a license as a master plumber, unless:
(1) The application is accompanied by an application fee of one hundred dollars ($100) payable to the department;
(2) The applicant is a citizen or legal resident of the United States; and
(3) The applicant shall possess a certificate of license in full
force and effect from the department of {DEL health DEL}
{ADD labor and training ADD} of the state specifying that person
as a journeyperson plumber licensed as a journeyperson plumber
for a minimum of one year. An affidavit must accompany this application
certifying that the applicant was employed by a licensed master
plumber during that period in which the journeyperson plumber
was so licensed. Completed applications must be filed with the
department at least thirty (30) days prior to the examination
date.
5-20-17. Qualifications of journeyperson -- Application
fee. -- No application
for a journeyperson's license shall be filed by the department
of {DEL health DEL} {ADD labor and training ADD} nor shall
any applicant be permitted to take the examination for a license
as a journeyperson plumber, unless:
(1) The application is accompanied by an application fee of fifty dollars ($50.00);
(2) The applicant shall have possessed for at least four (4) years
prior to the filing of the application a certificate of registration
in full force and effect from the department of {DEL health DEL}
{ADD labor and training ADD} of the state specifying that person
as a registered apprentice plumber and the application of that
applicant is accompanied with an affidavit or affidavits of his
or her employer or former employers or other reasonably satisfactory
evidence showing that the applicant has been actually engaged
in plumbing work as an apprentice plumber in the state of Rhode
Island for eight thousand (8,000) hours of on the job training
during a five (5) year period which shall include the successful
completion of five hundred seventy-six (576) hours of related
instruction at a training program recognized by the department
of {DEL health DEL} {ADD labor and training ADD} or the application
is accompanied with an affidavit or other reasonably satisfactory
evidence showing that the applicant has been a registered student
in a recognized college, university, or trade school and has pursued
a course of plumbing or sanitary engineering for at least two
(2) academic years, or is the recipient of an associate degree
in either plumbing or sanitary engineering, and has thereafter
been registered by the department of {DEL health DEL} {ADD labor
and training ADD} as an apprentice plumber for at least two (2)
years and at all times while being employed as a registered apprentice
plumber by a duly licensed master plumber in this state for a
period of two (2) years or the application is accompanied by an
affidavit or other reasonably satisfactory evidence showing that
the applicant possesses a certificate of license, issued under
the laws of another state, provided that the requirements are
the same as the state specifying that person as a journeyperson
plumber. The records of the hours of on the job training and the
hours of related instruction should be maintained in a mutually
responsible manner, through a joint effort on the part of the
master plumber and the apprentice. The completed application
is to be filed with the department at least thirty (30) days prior
to the examination date.
5-20-18. Master plumber's bond. -- Every person
making application for a certificate of license as master plumber
to carry on the business of plumbing shall furnish a bond, in
the sum of three thousand dollars ($3,000) with one or more sureties,
satisfactory to the department of {DEL health, DEL} {ADD labor
and training ADD} conditioned substantially that the applicant
shall indemnify and save harmless the several cities and towns
of this state and the officers thereof from all suits and actions
of every name and description brought against any of those cities
or towns or any officer or officers thereof, for or on account
of any injuries or damages received or sustained by any person
in consequence of or resulting from any work performed by the
applicant, his or her servants or agents, or of or from any improper
materials used in the work, or of or from any negligence in guarding
the work, or of or from any act or omission of the applicant,
his or her servants or agents, that the applicant shall faithfully
perform the work in all respects and shall also replace and restore
that portion of any street in which the applicant, his or her
servants and agents, shall make any excavation to as good condition
as that in which the street was before the work was performed,
and shall also keep and maintain that portion of the street in
like condition for the period of one year to the satisfaction
of the officer or officers of the city or town charged with the
maintenance of the street or highway and that the city or town
may within one year, and with or without notice to said applicant,
repair the street and that the cost thereof shall be paid by the
applicant; and that the applicant shall comply in all respects
with the rules and regulations established by the city or town
relative to the work, and shall also pay all fines imposed upon
him or her for violations of any such rule or regulation.
5-20-19. Notice of change of address of licensee. --
Any person who holds a certificate of license as a master plumber,
journeyperson plumber, or an apprentice plumber shall notify the
department of {DEL health DEL} {ADD labor and training ADD}
promptly in the event of change of his or her address from the
address specified on his or her certificate of license as a master
plumber, journeyperson plumber, or an apprentice plumber.
5-20-20. Conduct of examinations. -- The department
of {DEL health DEL} {ADD labor and training ADD} shall provide
and conduct examinations at least four (4) times each year of
applicants who have had their applications for a master plumber's
license or a journeyperson plumber's license placed on file with
the department. All those examinations shall be conducted by the
department with the aid and co-operation of the state board of
plumbing examiners and shall be conducted at places designated
by the department within the state consistent with the reasonable
convenience of applicants.
5-20-21. Issuance of license on examination -- Notice to
applicants. -- (a) The director of the department of {DEL health DEL}
{ADD labor and training ADD} shall allow or deny applications for
a master plumber's license or a journeyperson plumber's license
upon the recommendation of the division of professional regulation,
as soon after the examination as is practicable. Each applicant
who has successfully passed the examination and has had his or
her application allowed for a license as a master plumber or a
journeyperson plumber shall have issued and mailed to him or her
by the department a certificate of license specifying that person
as a master plumber or a journeyperson plumber.
(b) All certificates of license shall be issued by the department.
5-20-23. Expiration and renewal of licenses -- Penalties
for violation of section. -- (a) All licenses of master
plumbers and journeyperson plumbers {DEL shall expire on June
30th following the date of issuance. Every certificate of license
of a master plumber issued by the department of health shall be
renewed for a period expiring on June 30th next following the
date of issuance, upon submission of an application accompanied
by payment of a renewal fee of sixty dollars ($60.00) and a bond
as required by section 5-20-18. DEL} {ADD issued by the division
of professional regulation shall expire on the birthday of the
individual qualifying for such license and may be renewed on or
before that date for a period of twelve (12) months or to the
licensee's next birthday, upon payment of the appropriate renewal
fee, and a bond as required by section 5-20-18. ADD}
(b) Any master plumber who fails to renew his or her license {DEL on
or before June 30th following the date of issuance DEL} as
provided above may be reinstated by the department on the payment
of the current renewal fee of sixty dollars ($60.00) plus an additional
fee of twenty-five dollars ($25.00).
(c) Every certificate of license of a journeyperson plumber issued
by the department shall be renewed {DEL for a period expiring
on June 30th DEL} {ADD on or before the licensee's birthday ADD}
next following date of issuance upon payment of a renewal fee
of twenty-five dollars ($25.00) and a bond as required by section
5-20-18.
(d) Any journeyperson plumber who fails to renew his or her license
{DEL on or before June 30th following the date of issuance DEL}
as provided above may be reinstated by the department on the payment
of the current renewal fee of twenty-five dollars ($25.00) plus
an additional fee of fifteen dollars ($15.00).
(e) Any master plumber who violates this section by failing to renew his or her license each year as provided above shall pay to the department the fine of sixty dollars ($60.00) for each year that he or she did not renew his or her license.
(f) Any journeyperson plumber who violates this section by failing to renew his or her license each year as provided above shall pay to the department the fine of twenty-five dollars ($25.00) for each year that he or she did not renew his or her license.
5-20-25. Registration of apprentices. -- Any person
who has agreed to work a minimum of eight thousand (8,000) hours
over a period of time of not less than five (5) years under the
direct supervision and instruction of a master plumber or journeyperson
plumber as an apprentice to learn the plumbing business, and that
agreement is approved by the division of professional regulation,
shall be registered for an initial period of five (5) years by
the director of the department of {DEL health DEL} {ADD labor
and training ADD} and shall have issued to him or her upon the
payment of a fee of fifty dollars ($50.00) a certificate showing
that person to be a registered apprentice. Every person who continues
to work as an apprentice after the initial five (5) years registration
shall be required to register again as an apprentice and pay the
fee.
5-20-27. Grounds for revocation of license. -- The
director of {DEL health DEL} {ADD labor and traning ADD}shall
revoke the license of any master plumber or journeyperson plumber
after hearing when the weight of the evidence establishes any
one or more of the following specific violations:
(1) For having obtained or conspired with others to obtain a license by inducing the issuance of that license in consideration of the payment of money or any other things of value, or by and through a willful or fraudulent misrepresentation of facts in the procurement thereof;
(2) Willful violation of any plumbing ordinance, or rules of any city, or town, or of any law of this state regulating the conduct of plumbing work;
(3) On account of knowingly aiding or assisting any person to engage in the work specified for a master plumber or journeyperson plumber when that person has not a license as provided in this chapter;
(4) Because of any master plumber or journeyperson plumber willfully and fraudulently loaning his or her license to any other person for the purpose of permitting that person to engage in any plumbing work in violation of the provisions of this chapter;
(5) In the event any licensee as provided in this chapter shall be convicted of a felony; or
(6) On account of any willful violation of any of the provisions of this chapter.
5-20-28. Procedure for revocation of license. --
(a) No proceedings to revoke a license, as provided in this section,
shall be instituted unless filed with the department of {DEL health DEL}
{ADD labor and training ADD} within one year next after the date
or dates of violation.
(b) No license of a master plumber or journeyperson plumber shall be revoked or cancelled until after a full and impartial hearing as provided in this section.
(c) No hearing for the purpose of revoking any license of a master plumber or journeyperson plumber shall be held unless there is first placed on file with the department a verified complaint in writing reciting therein with reasonable particularity a statement of facts which if proved would be sufficient to constitute a violation of one or more of the specifications for revocation of license as set forth in section 5-20-27.
(d) Upon the filing of a verified complaint as provided herein, the department shall promptly set a date for hearing of the charges of the complaint which shall be held in the city of Providence in this state. The department shall promptly by registered or certified mail forward to the licensee charged in the complaint a true and correct copy of the complaint and notification of the time and place when and where a hearing of those charges shall be held.
(e) At the time and place fixed in the notification, the division of professional regulation or upon appeal therefrom, the board of plumbing examiners upon supervision of the department shall proceed to a hearing of the charges specified in the complaint. No hearing upon the charges of the complaint shall be had unless the records of the department contain evidence that the licensee charged in the complaint has been served with a copy of the complaint and notification at least twenty (20) days prior to the date of the hearing, provided that the appearance of the licensee so charged, either in his or her own behalf or by counsel, shall constitute proof that sufficient notice of the hearing was served.
(f) A complaining party by himself, herself or by counsel may aid in the presentation of evidence toward sustaining the complaint. Ample opportunity shall be accorded for hearing of all evidence and statement of counsel either in support of or against the charges of the complaint. Upon good cause shown the date of the hearing on the complaint may be continued provided the licensee and other interested parties shall be reasonably notified about the date of the continuance.
5-20-29. Subpoena of witnesses. -- The department
of {DEL health DEL} {ADD labor and training ADD} shall have
power to subpoena and bring before it, the division of professional
regulation, or the state board of plumbing examiners, any witness
to take testimony, either orally or by deposition, or both, with
the same fees and mileage and in the same manner as prescribed
by law in judicial procedure in civil cases in the superior court
of this state.
5-20-30. Administration of oaths. -- The director
of the department of {DEL health, DEL} {ADD labor and training, ADD}
the administrator of the division of professional regulation,
and any members of the state board of plumbing examiners shall
have power to administer oaths to witnesses at a hearing which
the department is authorized by law to conduct and any other oaths
authorized or administered by the department.
5-20-31. Recommendations of board -- Order of director --
Rehearing -- Review. -- Any person aggrieved by any decision
or ruling of the division of professional regulation may appeal
therefrom to the administrator of the division or his or her designee.
A further appeal may then be made to the state board of plumbing
examiners. The state board of plumbing examiners upon completion
of any hearing held on a verified complaint shall present to the
director of {DEL health DEL} {ADD labor and training ADD}
a written report of their findings and recommendations. The director
of the department shall thereupon order that the license of the
licensee charged in the complaint shall be revoked or that the
complaint shall be dismissed in accordance with the recommendations
of the board. A copy of that order shall immediately be served
upon the licensee either personally or by registered or certified
mail. The order of the department shall be final unless the licensee
so charged, the division, or complainant, shall within twenty
(20) days after receipt of that order file with the director his
or her motion in writing for a review thereon by the director,
specifying therein the points and reasons therefor. The filing
of a motion for a review shall stay the operation of the order
pending final decision on that motion. A motion for a review by
the director shall be immediately scheduled for a hearing by the
director. The decision of the director of the department after
his or her review shall be final upon questions of fact.
5-20-32. Judicial review of proceedings. -- Any further
appeal from the actions of the director of the department of {DEL health DEL}
{ADD labor and training ADD} shall be in accordance with the provisions
of chapter 35 of title 42.
5-20-33.1. Enforcement. -- (a) It shall be the duty
of the director of {DEL health DEL} {ADD labor and training ADD}
and state and local health and inspection authorities to enforce
the provisions of this chapter. Local building and plumbing inspectors,
who are involved in the day-to-day inspection of plumbing installation,
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 plumbing is being installed
and shall have the authority to investigate, and where appropriate,
make complaints, pursuant to section 5-20-28 or 5-20-33 where
sufficient evidence has been obtained to sustain a reasonable
belief that a violation of this chapter has occurred.
(b) The state board of plumbing 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 plumbing
is being installed, and shall have the authority to investigate,
and where appropriate, make complaints, pursuant to section 5-20-28
or 5-20-33 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 {DEL health DEL} {ADD labor
and training ADD} shall provide identification to the board members
for the purposes of this section.
5-20-35. Persons and acts exempt -- Issuance of licenses
in special cases. -- (a) The provisions of this chapter
shall not apply to the installation of automatic sprinkler systems
or other fire protection appliances in this state and shall not
apply to employees of public utilities (publicly or privately
owned); provided, however, that any resident of Rhode Island not
licensed, as in this chapter provided, desiring a license as a
master plumber or journeyperson plumber who shall on or before
August 14, 1966 present to the department of {DEL health DEL}
{ADD labor and training ADD} of the state reasonably satisfactory
evidence, in writing, that he or she was actively engaged in the
business of plumbing as a master plumber or working as a journeyperson
plumber for a master plumber, as the case may be, in any such
city or town for five (5) years prior to May 16, 1966 and that
he or she is at the time of presenting such evidence to the department
of {DEL health DEL} {ADD labor and training ADD} operating
in any such city or town as a master plumber or working as journeyperson
plumber, as the case may be, shall, upon payment of a fee of five
dollars ($5.00) in the case of a master plumber or one dollar
($1.00) in the case of a journeyperson plumber, have issued to
him by the department of {DEL health DEL} {ADD labor and
training ADD} a certificate of license as a master plumber or a
journeyperson plumber, as the case may be, without an additional
application, fee, or other condition precedent.
(b) Notwithstanding the foregoing provisions, in the event any city or town shall have enacted an ordinance as in this section provided after May 1, 1964 and before January 1, 1966, any resident, not otherwise licensed as in this chapter provided, desiring a license as a master or journeyperson plumber, in that city or town, shall on or before August 1, 1966, present to the department the evidence required herein and shall upon payment of the required fee have issued to him or her by the department a certificate of license as a master plumber or journeyperson plumber as the case may be, without any additional application, fee, or other condition precedent.
SECTION 2. Chapter 5-20 of the General Laws entitled "Plumbers" is hereby amended by adding thereto the following section:
{ADD 5-20-39. Transfer of duties to the department of labor and training. -- ADD} {ADD The authority and power to regulate plumbers pursuant to the provisions of this chapter formerly within the department of health are hereby transferred to the department of labor and training. Any reference in this chapter to such authority and powers within the department of health shall henceforth be construed to refer to the department of labor and training unless the context clearly indicates otherwise. ADD}
SECTION 3. This act shall take effect {DELupon passageDEL} {ADDJanuary 1, 2000ADD}.
