2015 -- S 0353

========

LC000928

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - RHODE ISLAND WELL DRILLING

CONTRACTORS LICENSING LAW

     Introduced By: Senators McCaffrey, Morgan, and Sheehan

     Date Introduced: February 12, 2015

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

read as follows:

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

the "Rhode Island Well Drilling Contractors Licensing Law". The purpose of this chapter is to

establish a licensing program and minimum standards for governing and enforcing the

installation, construction, repair, development, and abandonment of wells, well pumps, water

supply systems, water treatment systems, and water filtration systems to insure competency in the

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

uncontaminated water for all persons in the state. Nothing in this chapter should be construed as

relieving a public water supply system of complying with relevant statutes or with the rules and

regulations pertaining to public drinking water (R46-13-DWQ) or with the rules and regulations

pertaining to the certification of public drinking water supply treatment and public drinking water

supply transmission and distribution operators (R23-65-DWQ).

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

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

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

or any combination thereof.

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

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

withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or

structure.

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

installation of pumps as provided herein.

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

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

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

     (1) "Alter" means the replacing, changing, or repairing of any portion of the existing

wells, water supply systems, water treatment systems, water filtration systems, or pumps and the

terms "alteration" and "altering" shall be construed accordingly.

     (2) "Appurtenance" means and includes wells, pumps, filtration or treatment systems, or

other devices installed therewith.

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

     (4) "Contractor" means well drilling contractors, pump installers, water treatment system

contractors, water filtration system contractors, or those contractors who engage in the

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

water treatment systems, or water filtration system, including all connections between well and

storage tanks.

     (5) "Electrical work" as used in this chapter means the limited electrical installation,

connection, and service from a drop/wall switch, as supplied by a licensed electrician for water

supply systems, water filtration systems, water treatment systems, and pump installations.

Contractors as defined herein may perform this limited electrical work. This definition shall not

exclude or prevent any duly licensed Rhode Island electricians from performing this work.

     (6) "Installation of pumps and pumping equipment" means the procedure employed in the

placement and preparation for operation of pumps and pumping equipment for the water well,

including connecting all wiring to the first control and all construction or repair involved in

making entrance to the water well, which involves the breaking of the well seal.

     (7) "Person" means an individual, partnership, corporation, association, limited liability

company, joint venture, or organization, or any combination thereof.

     (8) "Plumbing work" as used in this chapter means the limited plumbing necessary for the

installation of water supply systems, pumps, water filtration systems, and water treatment

systems. Contractors as defined herein may perform this limited plumbing work. This definition

LC000928 - Page 2 of 7

shall not exclude or prevent any duly licensed Rhode Island plumber from performing this work.

     (9) "Pumps and pumping equipment" means any equipment or materials utilized or

intended for use in withdrawing or obtaining ground water including, but not limited to, seals,

tanks, fittings, and controls

     (10) "Pump installer" means a person licensed by the contractors' registration and

licensing board who is employed in the placement and preparation for operation of pumps and

pumping equipment and materials utilized in withdrawing or obtaining water from a well for

water supplies, including all construction involved in making entrance to the well and

establishing such seals and safeguards as may be necessary to protect such water from

contamination and all construction involved in connecting such wells and pumping units or

pressure tanks in the water supply systems of structures served by such well, including repair to

any existing installation.

     (11) "Water supply system" means and includes any apparatus, equipment, water service

pipes, water distribution pipes, and the necessary connecting pipes, control valves, and all

appurtenances adjacent to the structure or premises, including the supply of water to the main

water distribution line, geo-thermo, and all other water needs that require storage pumping

treatment, filtration, or alteration in any way.

     (12) "Water filtration system" means any appurtenance, equipment, or device for

processing water to modify, enhance, or improve its quality for water supply by removing

particulate matter.

     (13) "Water treatment system" means any appurtenance, equipment, or device used for

the continuous disinfection, continuous filtration, and removal of chemical contaminants from the

water supply.

     (14) "Water filtration/treatment system contractor" means a person licensed by the

contractors' registration and licensing board who is employed in the placement and preparation

for operation of water filtration and water treatment systems, equipment, devices, materials, and

safeguards as may be necessary to protect such water from contamination and all construction

involved in connecting such filtration/treatment systems to water supply systems, including repair

to any existing installation.

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

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

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

structure.

     (16) "Well drilling contractor" means a person who is licensed by the contractors'

LC000928 - Page 3 of 7

     registration and licensing board engages in well drilling, including the installation,

alteration, removal, or repair of water supply systems.

     (17) "Well drilling" means all acts necessary for the construction, installation, or

alteration of a water supply well or to obtain water from a well or wells by drilling, or by

excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed.

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

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

drilling contractors, pump installers, and water filtration/treatment system contractors to ensure

persons performing well drilling work, pump installation, and water filtration/treatment system

installation as are properly qualified to conduct the work. On or before January 1, 2014 2016, the

board shall promulgate regulations to establish a licensing program that provides for appropriate

categories of well drilling work to ensure proper qualifications pertaining to the use of different

equipment and approaches to construct, install, repair, alter, or remove wells, and well pumps,

water supply systems, water treatment systems and water filtration system, and that will allow the

well drilling contractor contractors, pump installers, or water filtration/treatment system

contractors, as described herein, to fulfill the registration relevant requirements of 5-65 through

the licensing program. Upon promulgation of applicable regulations, the license issued by the

board to a well drilling contractor shall serve to fulfill the contractor registration relevant

requirements of chapter 5-65.

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

well drilling professional contractor, pump installer, or water filtration/treatment system

contractor, as defined herein, shall submit an application to the contractors' registration and

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

application shall include the following information:

      (1) The name of the applicant;

      (2) The business address of the applicant;

      (3) The mailing address of the applicant;

      (4) The telephone number of the applicant;

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

or town;

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

public safety, health and welfare; and

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

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

LC000928 - Page 4 of 7

the following requirements:

      (1) Be of good moral character;

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

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

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

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

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

contractors' registration and licensing board;

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

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

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

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

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

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

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

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

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

penalties provided in § 5-65-10.

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

drilling, pump installation, water filtration/treatment system contracting, or represent itself as a

well drilling contractor, pump installer, or water filtration/treatment system contractor, unless a

licensed commercial well drilling professional contractor, pump installer, or water

filtration/treatment system contractor as provided in this chapter is continuously engaged in the

supervision of its well drilling, pump installing, or water filtration/treatment system contracting

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

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

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

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

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

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

requirements of this chapter.

      (g) Those well drilling contractors or pump installers who were previously registered

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

31, 2012, and that were previously exempted from fulfilling the testing requirements required for

LC000928 - Page 5 of 7

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

this chapter.

     SECTION 2. This act shall take effect upon passage.

========

LC000928

========

LC000928 - Page 6 of 7

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - RHODE ISLAND WELL DRILLING

CONTRACTORS LICENSING LAW

***

     This act would give the contractor's registration and licensing board jurisdiction over

pump installers, and/or water filtration/treatment system contractors.

     This act would take effect upon passage.

========

LC000928

========

LC000928 - Page 7 of 7