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:

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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

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be cited as the "Rhode Island Well Drilling, Pump Installers, and Water Filtration Contractors

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Licensing Law". The purpose of this chapter is to establish a licensing program and minimum

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standards for governing and enforcing the installation, construction, repair, development, and

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abandonment of wells, well pumps, water supply systems, water treatment systems, and water

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filtration systems to insure competency in the field and to safeguard the public health and to

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provide an adequate supply of clean and uncontaminated water for all persons in the state.

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Nothing in this chapter should be construed as relieving a public water supply system of

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complying with relevant statutes or with the rules and regulations pertaining to the certification of

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public drinking water supply treatment and public drinking water supply transmission and

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distribution operators (R23-65-DWQ).

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

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

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

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or any combination thereof.

 

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

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installation of pumps as provided herein.

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

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

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

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

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

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other devices installed therewith.

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

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     (4) "Electrical work" means the limited electrical installation, connection, and services

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from a drop/wall switch, as supplied by a properly licensed electrician for water supply systems,

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water filtration systems, water treatment systems, and pump installations. Contractors as defined

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herein may perform this limited electrical work. This definition shall not exclude or prevent any

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properly licensed electrician from performing this work.

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

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

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     (6) "Plumbing work" means the limited plumbing necessary for the installation of water

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supply systems, pumps, water filtration systems, and water treatment systems. Contractors as

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defined herein may perform this limited plumbing work. This definition shall not exclude or

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prevent any properly licensed plumber from performing this work.

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

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

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

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

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

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equipment and materials utilized in withdrawing or obtaining water for water supply distribution

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lines, including all construction involved in making entrance to the well and establishing such

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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

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supply systems of structures served by such well, including repair and servicing to any existing

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installation.

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

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

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preparation for operation and service of residential water filtration and water treatment systems,

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equipment, devices, materials, and safeguards as may be necessary to protect such water from

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contamination and all construction involved in connecting such filtration/treatment systems to

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water supply systems, including repair to any existing installation. Licensed residential water

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

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

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

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

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

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

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

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

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including repair or service to any existing installation. Licensed residential water

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

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

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

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

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

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water distribution line, geothermal, and all other water needs that require storage, pumping,

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treatment, filtration, or alteration in any way.

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

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

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

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

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supply.

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

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

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

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

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wells and storage tanks.

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

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

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removal, or repair of water supply systems.

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

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of a water supply well or to obtain water from a well or wells by drilling, or by excavation that is

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

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

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

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

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conduct the work. On or before January 1, 2014 January 1, 2017, the board shall promulgate

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

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drilling work to ensure proper qualifications pertaining to the use of different equipment and

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

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systems, residential water treatment/supply systems, and water filtration systems, and that will

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

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

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

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

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

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

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

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

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contractor, or residential water filtration/treatment system installer as defined herein shall submit

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an application to the contractors' registration and licensing board on the form or forms that the

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board requires. As specified by the board, the application shall include the following information:

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      (1) The name of the applicant;

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      (2) The business address of the applicant;

 

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      (3) The mailing address of the applicant;

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      (4) The telephone number of the applicant;

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

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or town;

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

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public safety, health and welfare; and

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

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      (c) To be eligible for licensure as a well drilling contractor, pump installer, residential

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

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installer an applicant shall also 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) five (5) hours continuing education per year as set forth and recognized

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by the contractors' registration and licensing board;

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      (d) 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 § 5-65-10.

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      (e) 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 § 5-65-10.

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

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

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

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

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

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

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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

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

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

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

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

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

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

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residential water filtration/treatment system installer's license to any applicant who shall present

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

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January 1, 2018, in order to qualify for a residential water filtration/treatment installer's license

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

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

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

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

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

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

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

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time period; or

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

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

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

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

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residential water filtration/treatment system contractors' license to any applicant who shall present

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

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January 1, 2018, in order to qualify for a residential water filtration/treatment contractors' license

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

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

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

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     (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

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

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

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service as a provided service; or

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

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

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     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

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pump installers and residential water filtration/treatment system contractors.

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     This act would take effect on January 1, 2017.

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LC005071

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