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art.017/6/017/5/017/4/017/3/017/2/030/1

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ARTICLE 17 AS AMENDED

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RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

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     SECTION 1. Sections 46-12-4 and 46-12-4.1 of the General Laws in Chapter 46-12

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entitled “Water Pollution” are hereby repealed.

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     § 46-12-4. Pollution monitoring system. – The director shall establish a pollution

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monitoring system, and a fee system for point source dischargers who discharge sewage into the

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surface waters of the state. Money derived from the fee system shall be deposited as general

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revenues. The director shall monitor the levels of conventional and hazardous pollutants

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especially toxic pollutants discharged into the surface waters and shall assess the impact thereof.

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Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the

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transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.

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     § 46-12-4.1. Fees – Limits – Recovery of costs. – The fee established by the director

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pursuant to § 46-12-4 shall be based on the individual discharger's need for monitoring and the

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effluent's potential for environmental degradation as determined by the director; provided,

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however, that any fees charged dischargers shall be in addition to and not substituted for funds

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appropriated by or monitoring required by the state or federal government for similar purposes;

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and further provided:

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     (1) The director shall annually adopt by regulation, in accordance with the provisions of

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chapter 35 of title 42, the maximum cost of the monitoring program for the next fiscal year. The

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fee charged any discharger shall not exceed the actual cost of the pollution monitoring program of

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that discharger.

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     (2) The operating authority for any publicly owned treatment facility is hereby

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empowered to recover any costs incurred under the provisions of this chapter, including

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administrative costs, by levying an assessment on their customers. Money derived from the fees

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shall be deposited as general revenues and shall be usable to match any federal funds

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appropriated for these purposes.

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     SECTION 2. Sections 46-13.2-1, 46-13.2-2, 46-13.2-3, 46-13.2-4, 46-13.2-5, and 46-

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13.2-7 of the General Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are

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hereby amended to read as follows:

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     46-13.2-1. Definitions. -- For the purpose of this chapter:

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     (1) "Abandoned well" means a well whose use has been permanently discontinued; (1)

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“Building official” means the local building official authorized in accordance with section 23-

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27.3-107 or the state building code commissioner authorized in accordance with section 23-27.3-

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108.2, as applicable;

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     (2) "Board" means the Rhode Island well drilling contractors’ registration and licensing

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board;

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     (3) "Director" means the director of the department of environmental management;

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     (4) "Groundwater" means subsurface water;

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     (5)(3)"Person" means an individual, partnership, corporation, association, or

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organization, or any combination thereof;

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     (6)(4)"Well" means an artificial sanitary excavation or opening in the ground, by which

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groundwater can be obtained or through which it flows under natural pressure or is artificially

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withdrawn; and for the purposes of this chapter, excepting section 46-13.2-3(c), attached as an

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appurtenance to a building or structure.

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     (7)(5)"Well driller drilling contractor" means a person who engages in well drilling,

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including the installation pumps as provided herein;

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     (8)(6)"Well drilling" means and includes the industry, procedure and all operations

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engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water

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from a well or wells by drilling, or other methods, for any purpose or use.

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     (7) "Appurtenance" means and includes the installation, alteration or repair of wells

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connected to a structure.

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     46-13.2-2. Rhode Island well drilling board. -- (a) There shall be a board to be known

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as the Rhode Island well drilling board which shall advise the director according to this chapter.

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The board shall consist of seven (7) residents of the state appointed by the governor; one member

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shall be a member of the general public; three (3) members shall be active well drillers or pump

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installers who shall have had at least five (5) years experience as such; one member shall be an

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employee of the department of health; one member shall be an employee of the department of

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environmental management, environmental protection branch; and one member shall be a

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hydrologist experienced in well construction; four (4) members shall constitute a quorum.

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      (b) The board shall meet within thirty (30) days after its members are first appointed,

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and, thereafter, at least three (3) times a year. The board shall elect a chairperson and a secretary

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annually from its membership. The secretary shall keep a complete record of all meetings and

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proceedings of the board and shall perform the usual duties pertaining to the office.

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      (c) No member of the board shall be compensated for their service including state

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employees who shall only be entitled to their usual and customary salary and not any additional

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compensation.

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     46-13.2-2. Purpose. -- The purpose of this act is to promote public health and welfare

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and protect the environment by providing specifying standards for the installation of a well and

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providing a mechanism to ensure that all well drilling contractors conducting business in the state

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of Rhode Island have the requisite skills, training and experience necessary to safely and

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adequately install water wells within this state.

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     46-13.2-3. Regulations. -- (a) For the purpose of safeguarding the public health, the

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director, and the board shall promote and encourage cooperation among well drillers and

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governmental agencies in the development and protection of records of underground water

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formations and resources. The director shall prepare and disseminate such information as may be

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necessary for the benefit of the industry and the public.

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     (b) The director Rhode Island building standards committee, pursuant to section 23-27.3-

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100.1.5 shall by no later than December 31, 2013 promulgate regulations incorporate in the

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appropriate portions of the state building codes establishing minimum standards for the location,

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design, construction and installation, and maintenance of wells that are appurtenances to

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buildings in consultation with the board, the department of health, and the division of statewide

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planning and the department of environmental management, with due regard for the preservation

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of public health, the preservation, allocation, and management of the groundwater of the state, the

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protection of the consuming public, and the maintenance of geological and other scientific data

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protection of public welfare and the environment.

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     (b) In those circumstances in which compliance with the requirements for locating a new

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or replacement well would result in undue hardship, property owners may seek a variance from

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any one or more of the siting requirements, in accordance with the following:

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     (1) Except as specified in (3), from the building code board of appeals authorized in the

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municipality with jurisdiction over the property on which the well is proposed;

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     (2) Except as specified in (3), in the absence of a local building code board of appeals,

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from the state building code board of appeals; and

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     (3) From the department of environmental management in all cases in which the well is

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proposed to be installed as part of an application for the new construction of or repair of an on-

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site wastewater disposal system. The appropriate authority specified above may grant a variance

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to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be

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granted without impairing the intent and purpose of this chapter.

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     (c) Any regulations or amendments thereto promulgated by the director under this chapter

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shall be submitted to the board for approval. To protect public health and the environment, the

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Rhode Island department of environmental management is authorized to promulgate regulations

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applicable to the owners of on-site wastewater systems that limit the installation of any type of

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well, including wells installed for irrigation systems, near the on-site wastewater treatment

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systems on the owner’s property.

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     46-13.2-4. Registration for well drilling contractors and pump installers –

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Suspension or revocation. -- Registration and licensing of well drilling contractors and

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pump installers. -- (a) Subject to the approval of the board, the director shall establish

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registration requirements setting forth minimum standards for well drilling contractors and pump

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installers. The well drilling contractors shall be required to have ability and proficiency in the

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skill of well drilling demonstrated by experience or training and sufficient financial resources to

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have and maintain adequate tools and machines for the work. After the publication of these

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regulations by the director, a person, before engaging in the business of well drilling or pump

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installing, shall obtain a certificate of registration annually as a well drilling contractor or pump

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installer. The applicant shall pay a registration fee of two hundred dollars ($200) and an annual

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renewal registration fee of one hundred dollars ($100). A certificate of registration is not

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transferable and expires one year after issuance. After the renewal date, a certificate of

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registration may be renewed only upon application for renewal and payment of a late fee of ten

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dollars ($10.00) in addition to the regular registration fee. A lost, destroyed, or mutilated

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certificate may be replaced by a duplicate upon payment of a fee of two dollars ($2.00). One seal

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shall be issued to each registrant as provided in subsection (b) of this section, and additional seals

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may be obtained at a fee of two dollars ($2.00) each. No person shall install a well or a pump

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within a water well unless registered or licensed with the proper authorities in accordance with

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this chapter, chapter 5-65 and chapter 5-65.2 of the Rhode Island general laws. Well drilling

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contractors are subject to the jurisdiction of the contractors’ registration and licensing board

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including the registration procedures of the board authorized by chapter 5-65 and in effect at the

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time of passage of this act.

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     (b) A well drilling contractor or pump installer shall place in a conspicuous location on

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both sides of his or her well drilling machine or service rig, his or her registration number in

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letters not less than two inches (2") high. A seal furnished by the director of the department of

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environmental management designating the year the certificate of registration was issued or

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renewed, and the words "Rhode Island registered water well drilling contractor or pump

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installation contractor" , shall be affixed directly adjacent to the registration number.

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     (c)(b) A municipality engaged in well drilling shall be exempt from the registration or

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license provisions of this chapter if the drilling is done by regular employees of, and with

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equipment owned by, the municipality, and the work is on wells intended for use by the

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municipality.

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     (d)(c) This chapter shall not restrict a plumber or electrician from engaging in the trade

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for which he or she has been licensed.

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     (e) (1) A certificate of registration may be refused, or a certificate of registration duly

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issued may be suspended or revoked, or the renewal thereof refused by the director on the

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director's own investigation and motion or upon motion of an interested party or motion of the

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board if the director has good and sufficient reason to believe or finds that the applicant for or the

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holder of a certificate has:

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     (1) Made a material misstatement in the application for a registration or any application

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for renewal thereof; or

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     (ii) Obtained the registration through willful fraud or misrepresentation; or

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     (iii) Demonstrated incompetency to act as a well driller as determined by the director; or

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     (iv) Been guilty of failure to comply with the provisions of this chapter or the rules and

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regulations issued pursuant hereto; or

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     (v) Refused to file reports of wells drilled as required by § 46-13.2-5; or

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     (vi) Has been found guilty by a court of competent jurisdiction, of any fraud, deceit, gross

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negligence, incompetence, or misconduct in the industry, operations, or business of well drilling.

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     (2) Before any certificate of registration shall be refused, suspended, or revoked, or the

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renewal thereof refused, the director shall give notice of the intention to do so by registered mail.

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Upon receipt of the notice, the person affected may, within ten (10) days, request a hearing. No

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revocation or suspension of a registration shall take place until the hearing is completed unless

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the director shall find immediate revocation or suspension is necessary to avoid imminent peril to

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life or property.

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     (3) Appeal from the decisions of the director may be taken within thirty (30) days after

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the decision of the commissioner, to the superior court in accordance with the provisions of § 42-

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35-15.

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     (f) The director shall prepare a roster of all registered well drillers and pump installers

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and distribute the roster annually to the local building inspector, if there is one, and the town clerk

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of each town.

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     (g) Any well driller or pump installer registered as of July 1, 1987, shall be deemed to be

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registered under this chapter, but shall comply with the other provisions of this chapter.

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     (h) After one year from the date of refusal or revocation of a certificate of registration, an

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application to register may be made again by the person affected.

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     46-13.2-5. Record of wells. -- (a) Within thirty (30) ten (10) days after completion of a

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new or replacement well, a well drilling contractor shall provide the owner, the board, the

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building official and the department of health, the department of environmental management a

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record well installation report conforming to the form, content, and means specified by the

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department of health. indicating This well installation report will at a minimum indicate:

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     (1) The well owner's name and address,

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     (2) The physical location of the well,

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     (3) The well depth,

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     (4) The geologic materials and thickness of materials penetrated,

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     (5) The amount length and type of casing,

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     (6) The static water levels, and

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     (7) The results of a well yield test that conforms to industry standards, and

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     (7)(8) Any other additional information which may be required by regulations adopted

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under this chapter the department of health.

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     (b) A record for a drive point well where no earth materials are removed from the well

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bore shall be sufficient if the owner's name, well location, depth, casing, static water level, and

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screen data are indicated.

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     46-13.2-7. Well constructed for farming or private use. -- A landowner may drill

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construct his or her own well to provide water for the consumption by himself or herself, his or

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her family, pets, livestock, or for farming of his or her land where the water obtained shall not be

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intended for use by the general public or in any residence other than the landowner's, and the

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landowner shall not be required to be registered under § 46-13.2-4, but must submit the drilling

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record a well installation report as required by § 46-13.2-5 and comply with all applicable

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regulations and codes of construction adopted under this chapter and section 23-27.3 and comply

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as applicable with requirements of section 23-1-5.3.

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     SECTION 3. Sections 46-13.2-6, 46-13.2-8, and 46-13.2-10 of the General Laws in

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Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby repealed.

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     § 46-13.2-6. Wells constructed for oil, gas, brine, or mining. – Drilling, excavating,

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and pumping associated with the oil, gas, or brine well industries, and the construction, quarrying,

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and mining industries, and the disposal of any materials shall be subject to this chapter only

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insofar as they relate to the pollution and depletion of underground water resources.

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     § 46-13.2-8. Exemptions. – Where the director finds that compliance with all

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requirements of this chapter or regulations adopted pursuant thereto would result in undue

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hardship, an exemption from any one or more of the requirements may be granted by the director

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to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be

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granted without impairing the intent and purpose of this chapter.

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     § 46-13.2-10. Violations. Any person who engages in well drilling or offers to engage in

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well drilling, or advertises or holds himself or herself out or acts temporarily or otherwise as a

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well driller, without first having obtained the required certificate of registration, and any person

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who violates any provisions of this chapter, including, but not limited to, the accurate reporting of

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wells drilled, shall be guilty of a misdemeanor and shall be punished by a fine of not more than

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five hundred dollars ($500) or by imprisonment for not more than one year, and each day that

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violation shall continue shall be deemed a separate offense.

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     SECTION 4. Sections 5-65-1, 5-65-3 and 5-65-5 of the General Laws in Chapter 5-65

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entitled “Contractors’ Registration and Licensing Board” are hereby amended to read as follows:

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     5-65-1. Definitions. -- As used in this chapter:

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      (1) "Board" means the contractors' registration and licensing board established pursuant

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to the provisions of Rhode Island general laws section 5-65-14 or its designees.

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      (2) "Commission" means the building code commission supportive of the contractors'

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registration and licensing board.

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      (3) (i) "Contractor" means a person who, in the pursuit of an independent business,

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undertakes or offers to undertake or submits a bid, or for compensation and with or without the

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intent to sell the structure arranges to construct, alter, repair, improve, move over public

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highways, roads or streets or demolish a structure or to perform any work in connection with the

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construction, alteration, repair, improvement, moving over public highways, roads or streets or

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demolition of a structure, and the appurtenances thereto. For the purposes of this chapter,

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“appurtenances” includes the installation, alteration or repair of wells connected to a structure

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consistent with chapter 46-13.2. "Contractor" includes, but is not limited to, any person who

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purchases or owns property and constructs or for compensation arranges for the construction of

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one or more structures.

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      (ii) A certificate of registration is necessary for each "business entity" regardless of the

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fact that each entity may be owned by the same individual.

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      (4) "Dwelling unit" means a single unit providing complete independent living facilities

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for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

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sanitation.

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      (5) "Hearing officer" means a person designated by the executive director, to hear

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contested claims or cases, contested enforcement proceedings, and contested administrative fines,

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in accordance with the Administrative Procedures Act, chapter 35 of title 42.

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      (6) "Monetary damages" means the dollar amount required in excess of the contract

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amount necessary to provide the claimant with what was agreed to be provided under the terms of

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the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

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awards and restitution.

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      (7) "Staff" means the executive director for the contractors' registration and licensing

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board, and any other staff necessary to carry out the powers, functions and duties of the board

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including inspectors, hearing officers and other supportive staff.

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      (8) "State" means the state of Rhode Island.

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      (9) "Structure" means (i) any commercial building; or (ii) any building containing one or

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more residences and their appurtenances. The board's dispute resolution process shall apply only

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to residential structures containing dwelling units as defined in the state building code or

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residential portions of other types of buildings without regard to how many units any structure

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may contain. The board retains jurisdiction and may conduct hearings regarding violations

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against all contractors required to be registered or licensed by the board.

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      (10) "Substantially" means any violation, which affects the health, safety, and welfare of

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the general public.

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     5-65-3. Registration for work on a structure required of contractor -- Issuance of

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building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

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as a contractor -- Duties of contractors. -- (a) A person shall not undertake, offer to undertake,

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or submit a bid to do work as a contractor on a structure or arrange to have work done unless that

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person has a current, valid certificate of registration for all construction work issued by the board.

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A partnership, corporation, or joint venture may do the work, offer to undertake the work, or

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submit a bid to do the work only if that partnership, corporation, or joint venture is registered for

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the work. In the case of registration by a corporation or partnership, an individual shall be

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designated to be responsible for the corporation's or partnership's work. The corporation or

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partnership and its designee shall be jointly and severally liable for the payment of the

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registration fee, as requested in this chapter, and for violations of any provisions of this chapter.

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Disciplinary action taken on a registration held by a corporation, partnership, or sole proprietor

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may affect other registrations held by the same corporation, partnership, or sole proprietorship,

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and may preclude future registration by the principal of that business entity.

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      (b) A registered partnership or corporation shall notify the board in writing immediately

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upon any change in partners or corporate officers.

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      (c) A city, town, or the state shall not issue a building permit to anyone required to be

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registered under this chapter who does not have a current, valid certificate of registration

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identification card or valid license which shall be presented at the time of issuance of a permit

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and shall become a condition of a valid permit. Each city, town, or the state which requires the

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issuance of a permit as a condition precedent to construction, alteration, improvement,

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demolition, movement or repair of any building or structure or the appurtenance to the structure

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shall also require that each applicant for the permit file as a condition to issuing the permit a

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written affidavit subject to the penalties of perjury, subscribed by the applicant, that the applicant

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is registered under the provisions of this chapter, giving the number of the registration and stating

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that the registration is in full force and effect, or, if the applicant is exempt from the provisions of

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this chapter, listing the basis for the exemption. The city, town, or the state shall list the

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contractor's registration number on the permit obtained by that contractor, and if a homeowner is

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issued a permit, the building inspector or official must ascertain registration numbers of each

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contractor on the premises and shall inform the registration board of any non-registered

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contractors performing work at the site.

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      (d) Every city and town which requires the issuance of a business license as a condition

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precedent to engaging, within the city or town, in a business which is subject to regulation under

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this chapter, shall require that each licensee and each applicant for issuance or renewal of the

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license file, or has on file, with the city or town a signed statement that the licensee or applicant is

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registered under the provisions of this chapter and stating that the registration is in full force and

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effect.

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      (e) It shall be prima facie evidence of doing business as a contractor when a person for

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that person's own use performs, employs others to perform, or for compensation and with the

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intent to sell the structure, arranges to have performed any work described in section 5-65-1(3) if

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within any one twelve (12) month period that person offers for sale one or more structures on

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which that work was performed.

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      (f) Registration under this chapter shall be prima facie evidence that the registrant

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conducts a separate, independent business.

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      (g) The provisions of this chapter shall be exclusive and no city or town shall require or

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shall issue any registrations or licenses nor charges any fee for the regulatory registration of any

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contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

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of any city or town to license and levy and collect a general and nondiscriminatory license fee

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levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

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city or town's jurisdiction, if permitted under the laws of the state.

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      (h) (1) Every contractor shall maintain a list which shall include the following

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information about all subcontractors or other contractors performing work on a structure for that

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contractor:

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      (i) Names and addresses.

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      (ii) Registration numbers or other license numbers.

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      (2) The list referred to in subdivision (h)(1) of this subsection shall be delivered to the

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board within twenty-four (24) hours after a request is made during reasonable working hours, or a

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fine of twenty-five dollars ($25.00) may be imposed for each offense.

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      (i) The following subcontractors who are not employees of a registered contractor must

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obtain a registration certificate prior to conducting any work: (1) carpenters, including finish

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carpenters and framers; (2) siding installers; (3) roofers; (4) foundation installers, including

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concrete installers and form installers; (5) drywall installers; (6) plasterers; (7) insulation

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installers; (8) ceramic tile installers; (9) floor covering installers; (10) swimming pool installers,

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both above ground and in ground; (11) masons, including chimney installers, fireplace installers,

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and general masonry erectors. This list is not all inclusive and shall not be limited to the above

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referenced contractors. No subcontractor licensed by another in-state agency pursuant to section

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5-65-2 shall be required to register, provided that said work is performed under the purview of

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that license.

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      (j) A contractor including, but not limited to, a general contractor, shall not hire any

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subcontractor or other contractor to work on a structure unless the contractor is registered under

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this chapter or exempt from registration under the provisions of section 5-65-2.

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      (k) A summary of this chapter, prepared by the board and provided at cost to all

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registered contractors, shall be delivered by the contractor to the owner when the contractor

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begins work on a structure; failure to comply may result in a fine.

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      (l) The registration number of each contractor shall appear in any advertising by that

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contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

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alphabetical or classified directory listings, vehicles, business cards, and all other forms of

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advertisements. The violations could result in a penalty being assessed by the board per

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administrative procedures established.

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      (i) The board may publish, revoke or suspend registrations and the date the registration

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was suspended or revoked on a quarterly basis.

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      (ii) Use of the word "license" in any form of advertising when only registered may

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subject the registrant or those required to be registered to a fine of one hundred dollars ($100) for

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each offense at the discretion of the board.

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      (m) The contractor must see that permits required by the state building code are secured

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on behalf of the owner prior to commencing the work involved. The contractor's registration

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number must be affixed to the permit as required by the state building code.

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      (n) The board may assess an interest penalty of twelve percent (12%) annually when a

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monetary award is ordered by the board.

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      (o) All work performed, including labor and materials, in excess of one thousand dollars

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($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

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subsection shall include a location on or near the signature line location on or in which the parties

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to the contract shall initial to evidence the receipt of certain consumer education materials or

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information approved and provided by the board to the contractor. Said educational materials

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and/or information shall include, but not be limited to, the following notice and shall be provided

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by the contractor to the homeowner:

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     NOTICE OF POSSIBLE MECHANIC'S LIEN

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     To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.

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     The undersigned is about to perform work and/or furnish materials for the construction,

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erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you.

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This is a notice that the undersigned and any other persons who provide labor and materials for

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the improvement under contract with the undersigned may file a mechanic's lien upon the land in

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the event of nonpayment to them. It is your responsibility to assure yourself that those other

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persons under contract with the undersigned receive payment for their work performed and

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materials furnished for the construction, erection, alteration or repair upon the land. Failure to

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adhere to the provisions of this subsection may result in a one thousand dollar ($1,000) fine

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against the contractor and shall not affect the right of any other person performing work or

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furnishing materials of claiming a lien pursuant to Chapter 34-28. However, such person failing

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to provide such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of

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less than the fee simple from any payment or costs incurred on account of any liens claims by

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those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee

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simple shall not have paid such person.

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      (p) Contracts entered into must contain notice of right of rescission as stipulated in all

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pertinent Rhode Island consumer protection laws.

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      (q) The contractor must stipulate whether or not all the proper insurances are in effect for

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each job contracted.

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      (r) Contractors who are in compliance with the provisions of this subsection shall be

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exempt from the requirements of section 34-28-4.1.

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      (s) In addition to the requirements of this chapter, contractors engaged in well drilling

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activities shall also be subject to regulations pertaining to licensing and registration promulgated

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by the contractors’ registration and licensing board pursuant to chapters 5-65.2 and section 46-

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13.2-4.

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     5-65-5. Registered application. -- (a) A person who wishes to register as a contractor

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shall submit an application, under oath, upon a form prescribed by the board. The application

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shall include:

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     (1) Workers' compensation insurance account number, or company name if a number has

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not yet been obtained, if applicable;

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     (2) Unemployment insurance account number if applicable;

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     (3) State withholding tax account number if applicable;

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     (4) Federal employer identification number, if applicable, or if self-employed and

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participating in a retirement plan;

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     (5) The individual(s) name and business address and residential address of:

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     (i) Each partner or venturer, if the applicant is a partnership or joint venture;

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     (ii) The owner, if the applicant is an individual proprietorship;

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     (iii) The corporation officers and a copy of corporate papers filed with the Rhode Island

12-16

secretary of state's office, if the applicant is a corporation;

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     (iv) Post office boxes are not acceptable as the only address.

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     (6) A signed affidavit subject to the penalties of perjury of whether or not the applicant

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has previously applied for registration, or is or was an officer, partner, or venturer of an applicant

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who previously applied for registration and if so, the name of the corporation, partnership, or

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venture.

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     (7) Valid insurance certificate for the type of work being performed.

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     (b) A person may be prohibited from registering or renewing registration as a contractor

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under the provisions of this chapter or his or her registration may be revoked or suspended if he

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or she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts and/or

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administrative agency against him or her relating to their work as a contractor, and provided,

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further, that an affidavit subject to the penalties of perjury shall be provided to the board attesting

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to the information herein.

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     (c) Failure to provide or falsified information on an application, or any document

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required by this chapter is punishable by a fine not to exceed ten thousand dollars ($10,000).

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     (d) Applicant must be at least eighteen (18) years of age.

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     (e) Satisfactory proof shall be provided to the board evidencing the completion of five (5)

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hours of continuing education units which will be required to be maintained by residential

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contractors as a condition of registration as determined by the board pursuant to established

13-1

regulations.

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     (f) An affidavit issued by the board shall be completed upon registration or license or

13-3

renewal to assure contractors are aware of certain provisions of this law and shall be signed by

13-4

the registrant before a registration can be issued or renewed.

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     SECTION 5. Section 23-27.3-100.1.5 of the General Laws in Chapter 23-27.3 entitled

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“State Building Code” is hereby amended to read as follows:

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     23-27.3-100.1.5. Building code – Adoption and promulgation by committee. -- The

13-8

state building standards committee has the authority to adopt, promulgate, and administer a state

13-9

building code, which shall include: (a) provisions and amendments as necessary to resolve

13-10

conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6; and (b) a

13-11

rehabilitation building and fire code for existing buildings and structures. The building code may

13-12

be promulgated in several sections, with a section applicable to one and two (2) family dwellings,

13-13

to multiple dwellings and hotels and motels, to general building construction, to plumbing

13-14

including and to electrical. The building code shall incorporate minimum standards for the

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location, design, construction and installation of wells which are appurtenances to a building in

13-16

applicable sections. For purposes of this chapter, "appurtenance" includes the installation,

13-17

alteration or repair of wells connected to a structure consistent with chapter 46-13.2. The building

13-18

code and the sections thereof shall be reasonably consistent with recognized and accepted

13-19

standards adopted by national model code organizations and recognized authorities. To the extent

13-20

that any state or local building codes, statutes, or ordinances are inconsistent with the Americans

13-21

with Disabilities Act, Title III, Public Accommodations and Services Operated by Private

13-22

Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed.

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The state building code standards committee is hereby directed to adopt rules and regulations

13-24

consistent with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36,

13-25

as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before

13-26

March 15, 2012. The state building code standards committee is hereby authorized and directed to

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update those rules and regulations consistent with the future revisions of the Americans with

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Disabilities Act Accessibility Standards.

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     SECTION 6. Title 5 of the General laws entitled “BUSINESSES AND PROFESSIONS”

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is hereby amended by adding thereto the following chapter:

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     CHAPTER 5-65.2

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     RHODE ISLAND WELL DRILLING CONTRACTORS LICENSING LAW

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     5-65.2-1. Short title. – This chapter shall be known and may be cited as the “Rhode

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Island Well Drilling Contractors Licensing Law”.

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     5-65.2-2. Definitions. – When used in this chapter:

14-2

     (1) “Board” means the contractors’ registration and licensing board.

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     (2) “Person” means an individual, partnership, corporation, association, or organization,

14-4

or any combination thereof.

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     (3) “Well” means an artificial sanitary excavation or opening in the ground, by which

14-6

groundwater can be obtained or through which it flows under natural pressure or is artificially

14-7

withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or

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structure.

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     (4) “Well drilling contractor” means a person who engages in well drilling; including the

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installation of pumps as provided herein.

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     (5) “Well drilling” means and includes the industry, procedure and all operations engaged

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in by any person, full-time or part-time, for compensation or otherwise, to obtain water from a

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well or wells by drilling, or other methods, for any purpose or use.

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     5-65.2-3. Licensing procedure. – (a) In addition to the provisions of chapter 5-65, the

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contractors’ registration and licensing board is authorized to establish a program to license well

14-16

drilling contractors to ensure persons performing well drilling work as properly qualified to

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conduct the work. On or before January 1, 2014, the board shall promulgate regulations to

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establish a licensing program that provides for appropriate categories of well drilling work to

14-19

ensure proper qualifications pertaining to the use of different equipment and approaches to install

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wells and well pumps, and that will allow the well drilling contractor to fulfill the registration

14-21

requirements of 5-65 through the licensing program. Upon promulgation of applicable

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regulations, the license issued by the board to a well drilling contractor shall serve to fulfill the

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contractor registration requirements of chapter 5-65.

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     (b) Pursuant to board regulations, all persons seeking to be qualified as a licensed well

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drilling professional shall submit an application to the contractors’ registration and licensing

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board on the form or forms that the board requires. As specified by the board, the application

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shall include the following information:

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     (1) The name of the applicant;

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     (2) The business address of the applicant;

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     (3) The mailing address of the applicant;

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     (4) The telephone number of the applicant;

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     (5) Any registration number and/or other license numbers issued by the state, or any city

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or town;

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     (6) A statement of the skills, training and experience of the applicant sufficient to ensure

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public safety, health and welfare; and

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     (7) Agent of service for out-of-state contractors.

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     (c) To be eligible for licensure as a well drilling contractor an applicant shall also fulfill

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the following requirements:

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     (1) Be of good moral character;

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     (2) Pass appropriate examinations approved or administered by the contractors’

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registration and licensing board unless otherwise exempted in accordance with subsection 5-65-

15-42

3(g) and has met all the requirements of the rules and regulations established by the board;

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     (3) Be in good standing with the contractors’ registration and licensing board;

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     (4) Take ten (10) hours continuing education per year as set forth and recognized by the

15-45

contractors’ registration and licensing board;

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     (d) The contractors’ registration and licensing board is authorized to adopt rules and

15-47

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

15-48

effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which

15-49

will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be

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structured not to exceed five thousand ($5,000) dollars per day per offense for conduct injurious

15-51

to the welfare of the public as well as those required pursuant to section 5-65-10.

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     (e) Any person applying for a license or registration and making any material

15-53

misstatement as to his or her experience or other qualifications, or any person, firm, or

15-54

corporation subscribing to or vouching for any misstatement shall be subject to the discipline and

15-55

penalties provided in section 5-65-10.

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     (f) No corporation, firm, association, or partnership shall engage in the business of well

15-57

drilling or represent itself as a well drilling contractor unless a licensed commercial well drilling

15-58

professional as provided in this chapter is continuously engaged in the supervision of its well

15-59

drilling work, provided that the well drilling professional is a general partner or an officer and

15-60

shareholder in the firm or corporation. If the license holder dies or otherwise becomes

15-61

incapacitated, the corporation, firm, or association shall be allowed to continue to operate until

15-62

the next examination shall be given or such times as the board shall see fit. In no event, shall the

15-63

corporation, firm, association, or partnership continue to operate longer than twelve (12) months

15-64

or in accordance with the board’s established rules and regulations without satisfying the license

15-65

requirements of this chapter.

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     (g) Those well drilling contractors who were previously registered with the department of

15-67

environmental management, and remain in good standing as of December 31, 2012, and that were

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previously exempted from fulfilling the testing requirements required for registration by the

16-1

department shall also be exempt form the testing requirements set forth in this chapter.

16-2

     5-65.2-4. Fees. – All persons seeking a well drilling professional license shall submit a

16-3

payment in the amount of two hundred dollars ($200), which shall support the licensing program,

16-4

representing a license fee. All fines and fees collected pursuant to this chapter shall be deposited

16-5

into a restricted receipt account for the exclusive use of supporting programs established by the

16-6

board.

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     SECTION 7. Section 1 of this article shall take effect as of July 1, 2012. Sections 2, 3, 4,

16-8

5 and 6 of this article shall take effect as of January 1, 2013.