2016 -- H 7868 AS AMENDED

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LC004989

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER

FILTRATION/TREATMENT SYSTEM CONTRACTORS

     Introduced By: Representatives Craven, Coughlin, McEntee, Fogarty, and Marshall

     Date Introduced: March 04, 2016

     Referred To: House Corporations

     (Labor & Training/Administration)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-20-3, 5-20-4, 5-20-8, 5-20-9, 5-20-10, 5-20-12, 5-20-14, 5-20-

14.1, 5-20-15, 5-20-16, 5-20-19, 5-20-21, 5-20-23, 5-20-24, 5-20-25, 5-20-27, 5-20-28, 5-20-33.1

and 5-20-36 of the General Laws in Chapter 5-20 entitled "Plumbers and Irrigators" are hereby

amended to read as follows:

     5-20-3. "Master plumber" defined. -- (a) "Master plumber", as used in this chapter,

means any person who as an independent contractor engages in this state in the business of

installation, maintenance, or repair of plumbing in the building or upon the premises where that

plumbing, as defined in § 5-20-2, is or is to be located, either by contract or agreement with the

owner, lessee, tenant, or agent of those premises or building, or who employs one or more

journeyperson plumbers, one or more plumber's apprentices, or other persons to assist in that

installation, maintenance, or repair work or who performs any acts specified in this chapter for

performance by a "master plumber".

      (b) A person holding a valid master plumbers license under this chapter shall not be

required to obtain an additional license under this chapter to perform master irrigation work or

master water filtration/treatment system work.

     5-20-4. "Journeyperson plumber" defined. -- (a) "Journeyperson plumber", as used in

this chapter, means any employee except an apprentice plumber as subsequently defined, whose

principal occupation is the installation, maintenance, or repair of plumbing, as defined in § 5-20-

2.

      (b) A person holding a valid journeyperson license under this chapter shall not be

required to obtain an additional license under this chapter to perform journeyperson irrigation

work or master water filtration/treatment system work.

     5-20-8. Practices for which master's license required. -- No person shall engage in this

state in the business of plumbing as a master plumber, or irrigation as a master irrigator, or

commercial water filtration/treatment work as a master water filtration/treatment system installer,

or as an employer of a journeyperson plumber, or journeyperson irrigator, journeyperson water

filtration/treatment system installer or plumber's apprentice, or apprentice irrigator, or apprentice

water filtration/treatment system installer, or enter into contracts or agreements for the

installation, maintenance, or repair of plumbing or irrigation systems or water filtration/treatment

system or perform any of the acts specified in this chapter for performance by a master plumber,

or master irrigator, or master water filtration/treatment system installer, or advertise or represent

in any form or manner that they are a master plumber, or master irrigator, or master water

filtration/treatment system installer, or that they will install plumbing, or irrigation systems, or

commercial water filtration/treatment systems, unless that person possesses a certificate of license

in full force and effect from the department of labor and training specifying that person as a

master plumber, or master irrigator, or master water filtration/treatment system installer. That

person shall carry the certificate on their person at all times while so engaged, and shall affix their

plumber's license number or master irrigator's license number to any contract they execute or bid

filed with any person for their professional services and to any applicable permit required for the

performance of those services.

     5-20-9. Acts for which journeyperson's license required. -- No person shall engage to

work as a journeyperson plumber, or journeyperson irrigator journeyperson water

filtration/treatment system installer or represent in any form or manner that he or she is a

journeyperson plumber, or journeyperson irrigator journeyperson water filtration/treatment

system installer unless that person possesses and carries on his or her person at all times while

engaged a certificate of license in full force and effect from the department of labor and training

specifying that person as a journeyperson plumber, or journeyperson irrigator or journeyperson

water filtration/treatment system installer employed by the properly licensed master permit

holder.

     5-20-10. Work for which apprentice certificate required. -- No person shall engage to

work as an apprentice plumber unless that person possesses and carries on his or her person at all

times while engaged a certificate of registration in full force and effect from the department of

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labor and training specifying that person as an apprentice plumber, or an apprentice irrigator or an

apprentice water filtration/treatment system installer.

     5-20-12. Corporations and firms engaging in business. -- (a) No corporation, firm,

association, partnership, or other entity shall engage in business, advertise, make application for

and take out permits, bid for work, or represent itself as a master plumber, or a master irrigator or

master water filtration/treatment system installer unless:

      (1) A licensed master plumber, as provided in this chapter, shall be continuously

engaged in the supervision of the entity's plumbing installation, irrigation installation, commercial

water filtration/treatment system installation, maintenance, and repair work and the licensed

master is an officer of the corporation, a partner in the partnership, or a similarly authorized

principal of any firm, association, or other entity; or

      (2) The entity possesses a valid plumbing contractor's, or master irrigator's license or

master water filtration/treatment system installer's license duly issued by the department of labor

and training as described in subsection (b) of this section.

      (b) Upon application of any of the entities listed in subsection (a) of this section in form

and substance prescribed by the department of labor and training, and receipt of the fee for the

application and license which shall be equal to the fee for a master plumber's license, or master

irrigator's license or master water filtration/treatment system installer's license as described in § 5-

20-16, the department of labor and training shall issue the applicant entity a license as a plumbing

contractor, or irrigation contractor or commercial water filtration/treatment system contractor.

The plumbing contractor's, or irrigation contractor's or commercial water filtration/treatment

system contractor's license shall specify the name of the entity holding the license and shall state

that the license holder shall:

     (1) have a licensed contractor master plumber, as that term is defined in § 5-20-12.1, who

is continuously engaged in the supervision of the entity's plumbing installation, maintenance, and

repair work and who is an officer of the corporation, a partner in the partnership, or a similarly

authorized principal of any firm, association, or other entity; or

     (2) continuously employ at all times while holding the license a duly licensed master

plumber, or master irrigator or master water filtration/treatment system installer as provided in

this chapter, who is continuously engaged in the supervision of the entity's plumbing installation,

irrigation installation, commercial water filtration/treatment system installation, maintenance, and

repair work. The plumbing contractor's, and master irrigator's and master water

filtration/treatment system installer's license shall entitle the entity holding the license to engage

in business, advertise, bid for work, or represent itself as a master plumber, or master irrigator and

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master water filtration/treatment system installer or a plumbing contractor and shall also entitle

the entity to make application for and take out permits through its duly authorized officer or

similarly authorized principal as well as through the duly licensed contractor master as described

in this section or the duly licensed master plumber, master irrigator or master water

filtration/treatment system installer continuously employed by the entity as stated in this section,

as the case may be. The contractor's license shall not, in and of itself permit a principal, officer,

employee, or agent of the entity holding the license to individually engage in installation,

maintenance, or repair work as described above unless that principal, officer, employee, or agent

is individually licensed so to do.

      (c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to

be permissible shall be solely of the type for which the licensed master plumber, master irrigator

or master water filtration/treatment system installer who serves as an officer, or similarly

authorized principal of the entity or who is continuously employed by the entity holding a

plumbing contractor's license, irrigation contractor's or commercial water filtration/treatment

system contractor's license, is duly licensed to perform.

      (d) Any licensed master plumber, master irrigator or master water filtration/treatment

system installer who serves as an officer or similarly authorized principal of this type of entity or

who is continuously employed by an entity holding a plumbing, irrigation or commercial water

filtration/treatment system contractor's license shall represent the interests of one such entity and

only one such entity at any given time as described in this section.

      (e) In the event that the licensed master plumber, master irrigator or master water

filtration/treatment system installer described in this section ceases to be an officer or similarly

authorized principal of one of the entities described in this section or ceases to be continuously

employed by an entity holding a plumbing contractor's license for any reason whatsoever, the

entity shall provide written notice of the cessation to the department of health no more than

fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected

shall provide written notice of the cessation to the department of labor and training specifying the

licensed master plumber, master irrigator or master water filtration/treatment system installer who

is replacing the departed licensed master plumber referenced in this section no more than forty-

five (45) days after the effective date of occurrence of the cessation.

      (f) No corporation, firm, association, partnership, or other entity which engages in, offers

to engage in, or represents that it engages in plumbing installation, irrigation system installation

or commercial water filtration/treatment system, maintenance, or repair work in the state of

Rhode Island is permitted to incorporate, form, qualify to do business, or otherwise register with

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the Rhode Island secretary of state's office until and unless that office has first received a written

confirmation from the department of labor and training that all requisite licenses to be issued by

the department of labor and training have been so issued and remain in good standing.

      (g) Any willful violation of this section is grounds for revocation of license as further

described in § 5-20-27.

     5-20-14. Duties of director. -- The director of the department of labor and training shall:

      (1) Prepare license certificates and issue them in conformity with this chapter;

      (2) Maintain an up-to-date record specifying the names and addresses of licensed master

plumbers and journeyperson plumbers or master irrigators or journeyperson irrigators or master

water filtration/treatment system installers or journeyperson water filtration/treatment system

installers of this state. That record shall show dates of issuance of licenses and shall be open to

public inspection. Those records shall also show dates of filing of complaints and the nature of

those complaints for revocation of license and the date of, as well as the final order upon, those

complaints; and

      (3) Prescribe standards for what constitutes a recognized college or university, and

determine the conformance to those standards.

     5-20-14.1. Grandfathering -- Licensing of irrigation masters and irrigation

journeypersons without examination. -- Grandfathering -- Licensing of irrigation masters,

irrigation journeypersons, water filtration/treatment system masters and water

filtration/treatment system journeypersons without examination. -- (a) After July 13, 2001,

and at any time prior to the expiration of twelve (12) months following July 13, 2001, the

authority shall, without examination, upon payment of the fees required in this chapter, issue

through the department of labor and training, division of professional regulation, a master

irrigation license or a journeyperson irrigation license to any applicant who shall present

satisfactory evidence that he or she has the qualifications for the type of license applied for.

Thereafter, in order to qualify for a master irrigation license after the initial "grandfather"

window, the eligible contractor shall be required to pass a written examination and show the

proof contained in this subsection of his or her eligibility.

     (b) Prior to January 1, 2018, the authority shall, without examination, upon payment of

the fees required in this chapter, issue through the department of labor and training, division of

professional regulation, a master water filtration/treatment system installer license or a

journeyperson water filtration/treatment system installer license to any applicant who shall

present satisfactory evidence that they have the qualifications for the type of license applied for.

After January 1, 2018, in order to qualify for a master water filtration/treatment system installer

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license or a journeyperson water filtration/treatment system installer license the eligible

individual shall be required to pass a written examination and show the proof contained in this

subsection of their eligibility.

      (b)(c) Satisfactory evidence shall be any of the following that is applicable:

      (1) The owner or owners of an enterprise must have been active in irrigation for the

previous three (3) years; or

      (2) The contractor has previously registered with the contractors' registration board; or

      (3) The contractor has been listed within the yellow pages phone book under "Lawn

Sprinklers" or has advertised irrigation or lawn sprinklers in ads placed elsewhere; or

      (4) The contractor has been incorporated or has been registered to do business with the

state of Rhode Island for the past three (3) years designating irrigation or installing water

filtration/treatment systems as a provided service; or

     (5) The installer has been employed for the past three (3) years by a contractor that has

been incorporated or registered to do business with the state of Rhode Island designating water

filtration/treatment system installation as provided service; or

      (5)(6) Notarized confirmation by three (3) irrigation or water filtration/treatment system

contractors .

     5-20-15. Applications for licenses. -- Any applicant for a license as a master plumber,

master irrigator, journeyperson plumber, journeyperson irrigator, master water filtration/treatment

system installer, journeyperson water filtration/treatment system installer or an apprentice

plumber, apprentice irrigator or apprentice water filtration/treatment system installer in this state

shall present his or her application to the department of labor and training on the printed form

provided for that purpose.

     5-20-16. Qualifications of master plumber or master irrigator -- Application fee. --

Qualifications of master plumber, master irrigator or master water filtration/treatment

system installer -- Application fee. -- (a) No application for a license of a master plumber, or

master irrigator or master water filtration/treatment system installer shall be filed by the

department of labor and training nor is any applicant permitted to take the examination for a

license as a master plumber, or master irrigator or master water filtration/treatment system

installer unless:

      (1) The application is accompanied by a nonrefundable application fee of seventy-five

dollars ($75.00) payable to the department;

      (2) The applicant is a citizen or legal resident of the United States; and

      (3) The applicant possesses a certificate of license in full force and effect from the

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department of labor and training specifying that person as a journeyperson plumber, or

journeyperson irrigator or journeyperson water filtration/treatment system installer licensed as a

journeyperson plumber or journeyperson irrigator for a minimum of one year. An affidavit must

accompany this application certifying that the applicant was employed by a licensed master

plumber, or master irrigator or master water filtration/treatment system installer during that

period in which the journeyperson plumber, or journeyperson irrigator or journeyperson water

filtration/treatment system installer was so licensed. Completed applications must be filed with

the department at least thirty (30) days prior to the examination date.

      (b) Notwithstanding anything set forth in this section to the contrary, the prerequisites set

forth in subsection (a) of this section may be waived, and the requirements of this section met, if

the applicant submits evidence, in form and substance reasonably acceptable to the department of

labor and training, that the applicant possesses the requisite skill, expertise, education,

experience, training, and other qualities or qualifications to take the examination for a license as a

master plumber, or master irrigator or master water filtration/treatment system installer.

     5-20-19. Notice of change of address of licensee. -- Any person who holds a certificate

of license as a master plumber, master irrigator, master water filtration/treatment system installer,

journeyperson plumber, journeyperson irrigator, journeyperson water filtration/treatment system

installer or an apprentice plumber, or apprentice irrigator or apprentice water filtration/treatment

system installer, shall notify the department of labor and training within thirty (30) days in the

event of change of his or her address from the address specified on his or her certificate of license

as a master plumber, master irrigator, master water filtration/treatment system installer,

journeyperson plumber, journeyperson irrigator, journeyperson water filtration/treatment system

installer or an apprentice plumber, or apprentice irrigator or apprentice water filtration/treatment

system installer.

     5-20-21. Issuance of license on examination -- Notice to applicants. -- (a) The director

of the department of labor and training shall allow or deny applications for a master plumber's

license, master irrigator's license, master water filtration/treatment system installer's license or a

journeyperson plumber's license, or journeyperson irrigator's license or journeyperson water

filtration/treatment system installer's license upon the recommendation of the division of

professional regulation, as soon after the examination as is practicable. Each applicant who has

successfully passed the examination and has had his or her application allowed for a license as a

master plumber, master irrigator, master water filtration/treatment system installer or a

journeyperson plumber, or journeyperson irrigator or journeyperson water filtration/treatment

system installer shall have issued and mailed to him or her by the department a certificate of

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license specifying that person as a master plumber, master irrigator, or master water

filtration/treatment system installer a journeyperson plumber, or journeyperson irrigator or

journeyperson water filtration/treatment system installer.

      (b) All certificates of license are issued by the department.

     5-20-23. Expiration and renewal of licenses -- Penalties for violation of section. -- (a)

All licenses issued by the division of professional regulation for master plumbers, and master

irrigators and master water filtration/treatment system installers, and journeyperson plumbers, or

journeyperson irrigators or journeyperson water filtration/treatment system installers born in odd

years shall expire on the birthday of the individual qualifying for the license in odd years and all

licenses of master plumbers, and master irrigators and master water filtration/treatment system

installers and journeyperson plumbers, or journeyperson irrigators or journeyperson water

filtration/treatment system installers born in even years shall expire on the birthday of the

individual qualifying for the license in even years and all licenses may be renewed on or before

their expiration date upon payment of the appropriate renewal fee.

      (b) Any master plumber, or master irrigator or master water filtration/treatment system

installer who fails to renew his or her license as provided in subsection (a) of this section may be

reinstated by the department on or after the renewal date for a period of two (2) years, upon

payment of the current biennial renewal fee of two hundred forty dollars ($240) plus outstanding

license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the

delinquency period.

      (c) Every certificate of license of a journeyperson plumber, or journeyperson irrigator or

journeyperson water filtration/treatment system installer issued by the department is renewed on

or before the licensee's second birthday following the date of issuance upon payment of a biennial

renewal fee of seventy-two dollars ($72.00).

      (d) Any journeyperson plumber, or journeyperson irrigator or journeyperson water

filtration/treatment system installer who fails to renew his or her license as provided in subsection

(a) of this section may be reinstated by the department on or after the renewal date for a period of

two (2) years upon payment of the current biennial renewal fee of seventy-two dollars ($72.00)

plus outstanding license fees and a twelve dollar ($12.00) per month administrative assessment

fee for the delinquency period.

      (e) Notwithstanding any other provisions of this chapter, any license issued under this

chapter that is not renewed within two (2) years of the date of its expiration is deemed to be

forfeited and the person to whom the license has been issued is required to make written

application for an examination prior to the issuance of a new license.

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      (f) Licensed master or journeyperson plumbers shall attend and complete a course of

continuing education at their expense as determined by the board of examiners, but not to exceed

fifteen (15) hours, prior to the renewal or reinstatement of an existing license. The board of

examiners shall promulgate rules and regulations necessary to carry out the provisions of this

subsection, including, but not limited to, a continuing education course fee amount consistent

with industry standard.

      (g) Notwithstanding any provision of the general or public laws to the contrary, any

licensed master or journeyperson plumber who has any combination of years of experience as a

licensed master plumber or journeyperson plumber, and, years of age that, when combined, shall

equal a total of eighty (80) years, shall be exempt from the continuing education requirements of

subsection (f) of this section. The board of examiners shall promulgate rules and regulations

necessary to carry out the provisions of this subsection.

     5-20-24. License displayed in place of business -- Advertising. -- (a) In every place in

this state within and from which a plumbing, or irrigation or commercial water

filtration/treatment business is conducted as specified for a master plumber, or master irrigator or

master water filtration/treatment system installer, there shall be on display at all times a certificate

of license as provided in this chapter.

      (b) Any sign, listing, or advertisement of any type of a master plumber, or master

irrigator or master water filtration/treatment system installer shall contain his or her name,

address, and license number. This information shall be included on all trucks used by a master

plumber in connection with his or her business.

     5-20-25. Registration of plumbing and irrigation of apprentices. -- (a) Any person

who has agreed to work a minimum of eight thousand (8,000) hours over a period of time of not

less than five (5) years under the direct supervision and instruction of a master plumber or

journeyperson plumber as an apprentice to learn the plumbing business, and that agreement is

approved by the division of professional regulation, shall be registered for an initial period of one

year, with renewal on the applicant's birthday, by the director of the department of labor and

training and have issued to him or her upon the payment of a fee of twenty dollars ($20.00) a

certificate showing that person to be a registered apprentice. Every person who continues to work

as an apprentice after the initial one year registration is required to register again as an apprentice

and pay the fee.

      (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

period of time of not less than one year under the direct supervision and instruction of a master

irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that

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agreement is approved by the division of professional regulation, shall be registered for an initial

period of one year, with renewal on the applicant's birthday, by the director of the department of

labor and training and have issued to him or her upon the payment of a fee of twenty dollars

($20.00) a certificate showing that person to be a registered apprentice. Every person who

continues to work as an apprentice after the initial one year registration is required to register

again as an apprentice and pay the fee.

     (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

period of time of not less than one year under the direct supervision and instruction of a master

water filtration/treatment system installer or a journeyperson water filtration/treatment system

installer as an apprentice to learn the water filtration/treatment business, and that agreement is

approved by the division of professional regulation, shall be registered for an initial period of one

year, with renewal on the applicant's birthday, by the director of the department of labor and

training and have issued to them upon the payment of a fee of twenty dollars ($20.00) a certificate

showing that person to be a registered apprentice. Every person who continues to work as an

apprentice after the initial one year registration is required to register again as an apprentice and

pay the fee.

     5-20-27. Grounds for revocation of license. -- The director of labor and training shall

revoke the license of any master plumber, or master irrigator, master water filtration/treatment

system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

filtration/treatment system installer after a hearing when the weight of the evidence establishes

any one or more of the following specific violations:

      (1) For having obtained or conspired with others to obtain a license by inducing the

issuance of that license in consideration of the payment of money or any other things of value, or

by and through a willful or fraudulent misrepresentation of facts in the procurement of the

license;

      (2) Willful violation of any plumbing ordinance, or rules of any city, or town, or of any

law of this state regulating the conduct of plumbing, or irrigation work or commercial water

filtration/treatment system work;

      (3) On account of knowingly aiding or assisting any person to engage in the work

specified for a master plumber, master irrigator, master water filtration/treatment system installer

or journeyperson plumber, or journeyperson irrigator, journeyperson water filtration/treatment

system installer when that person does not have a license as provided in this chapter;

      (4) Because of any master plumber, master irrigator, master water filtration/treatment

system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

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filtration/treatment system installer willfully and fraudulently loaning his or her license to any

other person for the purpose of permitting that person to engage in any plumbing, or irrigation

work or commercial water filtration/treatment system work in violation of the provisions of this

chapter;

      (5) If any licensee, as provided in this chapter, is convicted of a felony; or

      (6) On account of any willful violation of any of the provisions of this chapter.

     5-20-28. Procedure for revocation of license. -- (a) No proceedings to revoke a license,

as provided in this section, shall be instituted unless filed with the department of labor and

training within one year immediately following the date or dates of violation.

      (b) No license of a master plumber, master irrigator, master water filtration/treatment

system installer or journeyperson plumber, or journeyperson irrigator or journeyperson water

filtration/treatment system installer shall be revoked or cancelled until after a full and impartial

hearing as provided in this section.

      (c) No hearing for the purpose of revoking any license of a master plumber, master

irrigator, master irrigator or master water filtration/treatment system installer or journeyperson

plumber, or journeyperson irrigator or journeyperson water filtration/treatment system installer

shall be held unless there is first placed on file with the department a verified complaint, in

writing, reciting in the complaint with reasonable particularity a statement of facts which if

proved would be sufficient to constitute a violation of one or more of the specifications for

revocation of license as prescribed in § 5-20-27.

      (d) Upon the filing of a verified complaint, as provided in this section, the department

shall promptly set a date for a hearing of the charges of the complaint which shall be held in the

city of Providence. The department shall promptly by registered or certified mail forward to the

licensee charged in the complaint a true and correct copy of the complaint and notification of the

time and place when and where a hearing of those charges is to be held.

      (e) At the time and place fixed in the notification, the division of professional regulation

or upon appeal from the division, the board of plumbing examiners, upon supervision of the

department, shall proceed to a hearing of the charges specified in the complaint. No hearing upon

the charges of the complaint shall be had unless the records of the department contain evidence

that the licensee charged in the complaint has been served with a copy of the complaint and

notification at least twenty (20) days prior to the date of the hearing; provided, that the

appearance of the charged licensee, either in his or her own behalf or by counsel, constitutes

proof that sufficient notice of the hearing was served.

      (f) A complaining party by himself or herself or by counsel may aid in the presentation

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of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing

of all evidence and statement of counsel either in support of or against the charges of the

complaint. Upon good cause shown the date of the hearing on the complaint may be continued

provided the licensee and other interested parties are reasonably notified about the date of the

continuance.

     5-20-33.1. Enforcement. -- (a) It is the duty of the director of the department of labor

and training and the chief plumbing investigator to enforce the provisions of this chapter. Local

building and plumbing inspectors, involved in the day-to-day inspection of plumbing, or

irrigation or water filtration/treatment system installation, shall assist the chief plumbing

investigator in enforcing the provisions of this chapter. These individuals have authority to

demand the production of the licenses and certificates required by this chapter on any site where

plumbing, or irrigation or water filtration/treatment systems are is being installed and have the

authority to investigate, and where appropriate, make complaints, pursuant to § 5-20-28 or § 5-

20-33, where sufficient evidence has been obtained to sustain a reasonable belief that a violation

of this chapter has occurred.

      (b) The state board of plumbing examiners also has:

      (1) Concurrent responsibility to enforce the provisions of this chapter;

      (2) The authority to demand the production of the licenses and certificates required by

this chapter on any site where plumbing or irrigation is being installed; and

      (3) The authority to investigate, and where appropriate, make complaints, pursuant to §

5-20-28 or 5-20-33, where sufficient evidence has been obtained to sustain a reasonable belief

that a violation of this chapter has occurred.

      (c) The director of the department of labor and training shall provide identification to the

board members for the purposes of this section.

     5-20-36. Injunctions. -- Violations of this chapter may be enjoined upon a bill of

complaint being filed in the superior court for the county in which those violations have been

committed, by the division of professional regulation or by any association of master plumbers,

master irrigators, master water filtration/treatment system installers or journeyperson plumbers, or

journeyperson irrigators or journeyperson water filtration/treatment system installers, licensed

master plumbers, or licensed master irrigators, or licensed master water filtration/treatment

system installer or by any plumbing inspector. An injunction may be granted by the superior court

after a hearing in open court against any person, firm, corporation, or association which has

violated any of the provisions of this chapter, without regard to whether proceedings have been or

may be instituted before the state board of plumbing examiners or whether criminal proceedings

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have been or may be instituted. No ex parte restraining orders shall be issued in suits brought

pursuant to this section.

     SECTION 2. Chapter 5-20 of the General Laws entitled "Plumbers and Irrigators" is

hereby amended by adding thereto the following sections:

     5-20-3.2. "Master water filtration/treatment system installer" defined. -- "Master

water filtration/treatment system installer", as used in this chapter, means a person who has

performed in the capacity of a journeyperson water filtration/treatment system installer as defined

in §5-20-3.3 for not less than one year.

     5-20-3.3. "Journeyperson water filtration/treatment system installer" defined. --

"Journeyperson water filtration/treatment system installer", as used in this chapter, means a

person who has performed all phases of a project under the supervision of a master water

filtration/treatment system installer licensee for a period of not less than one year. Journeypersons

shall not be permitted to apply for a water filtration/treatment system installation permit.

     5-20-4.2. "Apprentice water filtration/treatment system installer" defined. --

"Apprentice water filtration/treatment system installer", as used in this chapter, means a person

hired to perform all phases of a water filtration/treatment system project under the supervision of

a master water filtration/treatment system installer licensee or a licensed journeyperson water

filtration/treatment system installer for a period of one year.

     5-20-5.2. "Commercial water filtration/treatment system work" defined. --

"Commercial water filtration/treatment system work'', as used in this chapter, means any

alteration, installation or repair of water filtration/treatment systems in which the piping exceeds

one and one-half inches (1.5") or the flow rate exceeds eighty (80) gallons per minute.

     5-20-17.2. Qualifications of journeyperson water filtration/treatment system

installer -- Application fee. -- No application for a journeyperson's license shall be filed at the

department of labor and training nor shall any applicant be permitted to take the examination for a

license as a journeyperson water filtration/treatment system installer unless:

     (1) The application is accompanied with the nonrefundable application fee of seventy-

five dollars ($75.00);

     (2) The applicant possesses a current apprentice certificate for a period of one year before

application for journeyperson water filtration/treatment system installer is made.

     5-20-17.3. Applicability. -- Any references to water filtration/treatment system work

pursuant to §5-20-1 et seq., shall be solely in reference to commercial water filtration/treatment

system work as defined in §5-20-5.2. Nothing herein shall be applicable to residential water

filtration/treatment systems as defined in §5-65.2-1 et seq.

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     SECTION 3. This act shall take effect January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- COMMERCIAL WATER

FILTRATION/TREATMENT SYSTEM CONTRACTORS

***

     This act would establish limited licenses for commercial water filtration/treatment system

work to be governed under the authority of the board of examiners of plumbers.

     This act would take effect on January 1, 2017.

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