2014 -- H 8245

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LC005674

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- DRILLING OF DRINKING WATER

WELLS CONTRACTORS LICENSING LAW

     

     Introduced By: Representatives Valencia, Craven, Kennedy, Azzinaro, and Malik

     Date Introduced: May 29, 2014

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-65.2-1, 5-65.2-2 and 5-65.2-3 of the General Laws in Chapter 5-

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65.2 entitled "Rhode Island Well Drilling Contractors Licensing Law" are hereby amended to

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read as follows:

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     5-65.2-1. Short title Short title and purpose. -- This chapter shall be known and may be

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cited as the "Rhode Island Well Drilling Contractors Licensing Law". The purpose of this chapter

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is to establish minimum standards, govern and enforce the installation, construction, repair,

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development and abandonment of wells, well pumps and water supply treatment systems in order

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to safeguard the public health and to provide an adequate supply of clean and uncontaminated

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water for all persons in the state.

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

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     (1) "Alter" means the replacing or repairing of any portion of the existing water supply

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system or water supply treatment systems (including filtration systems) and the terms "alteration"

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and "altering" shall be construed accordingly.

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     (2) "Appurtenances" means and includes wells connected to a structure and any pump

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filtration or other water treatment supply system or device installed therewith.

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      (1)(3) "Board" means the contractors' registration and licensing board.

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     (4) "Construct" means the building, assembly or installation of a new water supply

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system, water supply treatment system or the enlargement or alteration of an existing water

 

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supply system; and the term "construction" shall be construed accordingly.

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     (5) "Domestic well" means the supplying of water to a water supply system for the

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purpose of drinking, culinary, or household uses in which it is not used as a public water supply.

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      (2)(6) "Person" means an individual, partnership, corporation, association, or

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organization, or any combination thereof.

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     (7) "Water supply system" or "water supply treatment system" means apparatus,

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equipment, water service pipes, water distribution pipes, and the necessary connecting pipes,

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control valves and all appurtenances adjacent to the structure or premises, including the supply of

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water to the main water distribution line, geo-thermo and all other water needs that require

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storage pumping treatment or altering in any way. Water supply treatment system or water supply

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system shall include "filtration systems" and "pump installation".

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      (3)(8) "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 attached as an appurtenance to a building or

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structure.

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      (4)(9) "Well drilling contractor" or "pump installer" means a person who engages in well

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drilling; including the installation of pumps as provided herein is certified to engage in the

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installation, removal, alteration or repair of water pumps, water supply treatment systems or

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appurtenances in connection with any water supply system including all connections between the

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well and storage tank, licensed by the department of health.

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      (5)(10) "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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     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

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drilling contractors to ensure persons performing well drilling work or to install water supply

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systems as properly qualified to conduct the work. On or before January 1, 2014, the board shall

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promulgate regulations to establish a licensing program that provides for appropriate categories of

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well drilling work, and shall update the regulations on or before January 1, 2015, to include a

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category for persons who install water supply systems, to ensure proper qualifications pertaining

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to the use of different equipment and approaches to install wells and well pumps and water supply

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systems, and that will allow the well drilling contractor to fulfill the registration requirements of

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5-65 through the licensing program. Upon promulgation of applicable regulations, the license

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issued by the board to a well drilling contractor shall serve to fulfill the contractor registration

 

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requirements of chapter 5-65.

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     (b) The board may establish classes of licenses for all persons or entities noted herein and

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to promulgate regulations to establish classes of licenses.

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

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fulfill 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-

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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

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contractors' registration and licensing board;

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

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

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

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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

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

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

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

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

 

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penalties provided in section 5-65-10.

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

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

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

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

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

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

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

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

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

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requirements of this chapter.

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

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department of environmental management, and remain in good standing as of December 31,

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2012, and that were previously exempted from fulfilling the testing requirements required for

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registration by the department shall also be exempt form from the testing requirements set forth in

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this chapter. The board may promulgate rules in relation to establishing grace periods in order to

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properly license or test any prior well drilling contractor who has registered prior to December

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31, 2012.

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     SECTION 2. The title of Chapter 46-13.2 of the General Laws entitled "Drilling of

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Drinking Water Wells" is hereby amended to read as follows:

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CHAPTER 46-13.2

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Drilling of Drinking Water Wells

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CHAPTER 46-13.2

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DRILLING OF DRINKING WATER WELLS AND WATER SUPPLY SYSTEMS

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     SECTION 3. Sections 46-13.2-1, 46-13.2-2, 46-13.2-3 and 46-13.2-4 of the General

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Laws in Chapter 46-13.2 entitled "Drilling of Drinking Water Wells" are hereby amended to read

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as follows:

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

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     (1) "Building official" means the local building official authorized in accordance with

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

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section 23-27.3-108.2, as applicable;

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     (2) "Board" means the Rhode Island contractors' registration and licensing board;

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

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well shall be permanently removed from service by completely filling it in, in such a manner that

 

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vertical water within the well bore and within the annular space surrounding the well casing is

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effectively and permanently prevented;

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     (2) "Abandonment temporary" or "temporary abandonment" means to remove a drilling

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machine from a well site prior to putting the well into service or returning it to service or

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subsequent to completing a well, or to remove a well from service subsequent to completing or

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altering a well, or to remove a well from service with the intent to use it in the future;

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     (3) "Access port" means a minimum three fourths inch (3/4") tapped hole and plug, or a

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three fourths inch (3/4") pipe welded onto the casing in the upper portion of a well casing to

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permit entry of water-level measuring devices into the well;

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     (4) "Adequate protection" means construction methods which assure protection of

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ambient groundwater from exposure to contamination;

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     (5) "Airline" means a water level measuring device consisting of a pressure gauge

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attached to an airtight line or pipe within the well bore extending from land surface to below the

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pumping level measuring the stable air pressure remaining in the line after completely purging

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water from within the line;

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     (6) "Alter" means the replacing or repairing of any portion of the existing water supply

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system or water supply treatment systems (including filtration systems) and the terms "alteration"

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and "altering" shall be construed accordingly;

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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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     (8) "Board" means the Rhode Island contractors' registration and licensing board;

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     (9) "Building official" means the local building official authorized in accordance with

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

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section 23-27.3-108.2, as applicable;

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     (10) "Construct" means the building, assembly or installation of a new water supply

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system, water supply treatment systems or the enlargement or alteration of an existing water

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supply system; and the term "construction" shall be construed accordingly. Water supply

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treatment system or water supply system shall include "filtration systems";

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     (11) "Domestic well" means the supplying of water to a water supply system for the

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purpose of drinking, culinary, or household uses in which it is not used as a public water supply;

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     (12) "Electrical" means the installation and service from electrical drop/wall switch

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supplied by electricians. Electrical components beyond drop/wall switch pertaining to pump

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equipment, water storage, and filtration system may be serviced by any license holder hereunder.

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This definition shall not exclude any duly Rhode Island licensed electricians from performing this

 

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work;

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

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organization, or any combination thereof;

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     (14) "Plumbing" means plumbing of water systems to the shutoff; plumbing of water

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treatment systems to be cut into plumbing not extending beyond the installation of an accessory

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treatment and the water supply. Plumbing components before the shutoff pertaining to pump

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equipment and water storage filtration systems may be served by a licensed well drilling

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contractor and licensed pump installer. This definition shall not exclude any Rhode Island

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licensed plumber to perform this work;

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     (15) "Water supply system" or "water supply treatment system" means apparatus,

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equipment, water service pipe, water distribution pipes, and the necessary connecting pipes,

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control valves and all appurtenances adjacent to the structure or premises, including the supply of

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water to the main water distribution line, and all other water needs that require storage pumping

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treatment or altering in any way. Water supply treatment system or water supply system shall

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include "filtration systems" and "pump installation";

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     (4)(16) "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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      (5)(17) "Well drilling contractor" or "pump installer" means a person who engages in

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well drilling, including the installation pumps as provided herein is certified to engage in the

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installation, removal, alteration or repair of water pumps, water supply treatment appurtenances

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in connection with any water supply system including all connections between well and storage

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tank licensed by the department of health;

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      (6)(18) "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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     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,

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pumps and water supply systems and providing a mechanism to ensure that all well drilling

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contractors conducting business in the state of Rhode Island have the requisite skills, training and

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experience necessary to safely and adequately install water wells and water supply systems within

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this state.

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     46-13.2-3. Regulations. -- (a) The Rhode Island building standards committee, pursuant

 

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to section 23-27.3-100.1.5 shall by no later than December 31, 2013 incorporate in the

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

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construction and installation of wells, pumps and water supply systems (including filtration

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systems), and pump installation that are appurtenances to buildings in consultation with the

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department of health, the division of statewide planning and the department of environmental

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management, with due regard for the preservation of public health, and protection of public

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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) To protect public health and the environment, the Rhode Island department of

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environmental management is authorized to promulgate regulations applicable to the owners of

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on-site wastewater systems that limit the installation of any type of well, including wells installed

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for irrigation systems, water supply systems (including filtration systems), and pump installation

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near the on-site wastewater treatment systems on the owner's property or water supply systems.

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     (d) Any contractor who performs work pursuant to chapter 13.2 of title 46 may perform

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the following electrical or plumbing work as defined herein.

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     (1) "Electrical" means the installation and service from electrical drop/wall switch

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supplied by electricians. Electrical components beyond drop switch pertaining to pump

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equipment, water storage, and filtration system may be serviced by any license holder hereunder.

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This definition shall not exclude any duly Rhode Island licensed electrician from performing this

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work;

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     (2) "Plumbing" means the practice, materials and fixtures utilized in the installation,

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maintenance, extension and alteration of devices, appurtenances, appliances and apparatus

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associated with water wells, water well pumps and water supply treatment systems. This

 

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definition shall not exclude any Rhode Island licensed plumber to perform this work;

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     (e) All well drilling contractors, or well pump installers or installers of water supply

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systems and treatment (including filtration systems) shall be subject to this section.

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     46-13.2-4. Registration and licensing of well drilling contractors and pump

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installers. -- (a) No person shall install a well or a pump within a water well pump and water

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supply system, unless registered or licensed with the proper authorities in accordance with this

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

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which he or she has been licensed. All domestic well pump installers and water supply system

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(including filtration systems) installers shall be subject to this section.

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     SECTION 4. This act shall take effect upon passage.

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LC005674

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- DRILLING OF DRINKING WATER

WELLS CONTRACTORS LICENSING LAW

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     This act would refine the regulations on the installation of various drinking water wells to

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include the various types of water supply systems such as filtration systems and pump

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installation. In addition, it would expand the jurisdiction of the contractors' registration and

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licensing board to include those persons who are authorized to work on water supply systems.

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     This act would take effect upon passage.

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