2016 -- S 2854

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LC005071

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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 - RHODE ISLAND WELL DRILLING

CONTRACTORS LICENSING LAW

     Introduced By: Senators Goodwin, and Morgan

     Date Introduced: March 23, 2016

     Referred To: Senate Labor

     (Labor & Training/Administration)

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

be cited as the "Rhode Island Well Drilling, Pump Installers, and Water Filtration 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 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withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or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) "Electrical work" means the limited electrical installation, connection, and services

from a drop/wall switch, as supplied by a properly 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

properly licensed electrician from performing this work.

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

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

     (6) "Plumbing work" 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 shall not exclude or

prevent any properly licensed plumber from performing this work.

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

intended for use in transferring, pressurizing, withdrawing or obtaining ground water supply

including, but not limited to, seals, tanks, fittings, and controls.

     (8) "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 for water supply distribution

lines, 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

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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 and servicing to any existing

installation.

     (9) "Residential water filtration/treatment system contractor" means a person licensed by

the contractors' registration and licensing board to engage in the business of the placement and

preparation for operation and service of residential 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. Licensed residential water

filtration contractors are permitted to work on piping up to one and one-half inches (1.5") in

diameter with a flow rate not to exceed eighty (80) gallons per minute.

     (10) "Residential water filtration/treatment system installer" means a person licensed by

the contractors' registration and licensing board who is employed by a residential water

filtration/treatment system contractor, as defined in this chapter, in the placement and preparation

for operation of residential 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 or service to any existing installation. Licensed residential water

filtration/treatment system installers are permitted to work on piping up to one and one-half

inches (1.5") in diameter with a flow rate not to exceed eighty (80) gallons per minute.

     (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, geothermal, 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.

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

the continuous disinfection, continuous treatment, and removal of contaminants from the water

supply.

     (14) "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.

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     (15) "Well contractor" means well drilling contractors, pump installers, and residential

water filtration/treatment system contractors, or those contractors who engage in the installation,

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

water treatment systems, or residential water filtration systems, including all connections between

wells and storage tanks.

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

registration and licensing board and 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, water filtration/treatment system contractors, and water

filtration/treatment system installers to ensure persons performing well drilling work, pump

installation, and residential water filtration/treatment system installation as properly qualified to

conduct the work. On or before January 1, 2014 January 1, 2017, 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, residential water treatment/supply systems, and water filtration systems, and that will

allow the well drilling contractor contractors, pump installers, or residential water

filtration/treatment system contractors and residential water filtration/treatment system installers,

as described herein, to fulfill the registration relevant requirements of 5-65 chapter 65 of title 5

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

requirements of chapter 5-65 chapter 65 of title 5.

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

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

contractor, or residential water filtration/treatment system installer 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;

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      (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, pump installer, residential

water filtration/treatment system contractor, or residential water filtration/treatment system

installer an applicant shall also fulfill 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) five (5) 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

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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 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 registration by the

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

     (h) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

fees required in this chapter, issue through the contractors' registration and licensing board a

residential water filtration/treatment system installer's 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 residential water filtration/treatment installer's license

the eligible individual shall be required to pass a written examination and show proof as required

by the contractors' registration and licensing board of their eligibility.

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

     (1) The applicant must have been employed by a contractor registered with the

contractors' registration and licensing board to do business designating water filtration/treatment

system installation and/or service as a service provided for the previous one year and have been

actively engaged in the installation and servicing of water filtration/treatment systems during that

time period; or

     (2) Notarized confirmation by three (3) water filtration/treatment system contractors that

the applicant has the requisite training and experience to be licensed under this act.

     (j) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

fees required in this chapter, issue through the contractors' registration and licensing board a

residential water filtration/treatment system contractors' 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 residential water filtration/treatment contractors' license

the eligible contractor shall be required to pass a written examination and show proof as required

by the contractors' registration and licensing board of their eligibility.

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

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

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previous two (2) years; or

     (2) The contractor has been previously registered with the contractors' registration and

licensing board to do business designating water filtration/treatment system installation and/or

service as a provided service; or

     (3) Notarized confirmation by three (3) water filtration/treatment system contractors that

the applicant has the requisite training and experience to be licensed under this act.

     SECTION 2. This act shall take effect on January 1, 2017.

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LC005071

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - RHODE ISLAND WELL DRILLING

CONTRACTORS LICENSING LAW

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

pump installers and residential water filtration/treatment system contractors.

     This act would take effect on January 1, 2017.

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LC005071

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