2019 -- S 0725

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LC001572

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MECHANICAL TRADES

     Introduced By: Senator Frank A. Ciccone

     Date Introduced: March 21, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-27-1, 28-27-1.0, 28-27-2, 28-27-4, 28-27-4.2, 28-27-4.3, 28-

27-5, 28-27-5.1, 28-27-6, 28-27-6.1, 28-27-6.2, 28-27-8, 28-27-9, 28-27-9.1, 28-27-10, 28-27-11,

28-27-14, 28-27-15, 28-27-17, 28-27-17.2, 28-27-18, 28-27-19, 28-27-20, 28-27-21 and 28-27-30

of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are hereby amended to read

as follows:

     28-27-1. Purpose.

     This chapter is necessary to protect the life, property, safety, and welfare of the people of

Rhode Island; to promote conservation of our natural resources used to generate energy; the

proper installation of all piping systems and/or equipment used in fire protection systems; the

proper installation and maintenance of all thermal system's insulation; and in the generation and

consumption of energy used for the purpose of all heating, cooling and air distribution systems.

     28-27-1.0. Mechanical board.

     There shall be in the department of labor and training, a mechanical board, responsible

for the licensing and regulating of masters, journeypersons, and apprentices in the pipefitting,

thermal system's insulation, air conditioning/refrigeration, sprinkler fitting and sheet metal trades,

hereafter to be referred to as "the mechanical trades". The board, under the direction and

supervision of the division of professional regulation, shall advise the division in the proper

installation modification and disassembly for reuse of process piping systems used in the

conveyance and storage of liquids, solids, and industrial type gases, all heating, cooling, air

distribution, fire protection systems and venting systems, and all thermal system's insulation

products used in heating, ventilating, cooling, plumbing, or refrigeration systems to insulate any

hot or cold surface on or in an commercial or industrial building that is over twenty thousand

(20,000) square feet and/or any multi-unit residential building over four (4) stories or containing

more than twenty (20) units. It shall exclude those systems which are self-contained home

appliances and all piping systems specified under the plumbing law. The board shall advise the

division of the proper license needed for layout, on-site fabrication, installation, alteration,

testing, or repair of any automatic or manual sprinkler systems designed for the protection of the

interior or exterior of a building or structure from fire, or any piping or tubing and appurtenances

and equipment pertaining to such system including overhead and underground water mains, fire

hydrants and hydrant mains, standpipes and hose connections to sprinkler systems, sprinkler and

tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems

connected to them, foam extinguishing systems or special hazard systems including water spray,

foam, carbon dioxide, dry chemical systems, halon liquid, or gas fire suppression systems.

     28-27-2. Licensing -- Mechanical board examiners created -- Senior chief

investigator.

     (a) The division of professional regulation with the assistance of the board shall

promulgate rules and regulations for the examining and licensing of masters, journeypersons, and

apprentices of the mechanical trades.

     (b)(1) A state mechanical board is created in the department of labor and training whose

duty it shall be to advise the division in its area of expertise in promulgating any policy that may

be necessary to improve the operations of the division, and to hold license revocation and

violations hearings as described in this chapter. The promulgation of policy shall be subject to the

approval of the division.

     (2) The board shall consist of eleven (11) qualified electors of the state appointed by the

governor as follows:

     (i) One member who shall be a master pipefitter at the time of appointment, having at

least ten (10) years in business as a master pipefitter.

     (ii) One member who shall be a refrigeration/air conditioning master at the time of

appointment, having at least ten (10) years in business as a refrigeration/air conditioning master.

     (iii) One member who has been employed as a pipefitter journeyperson for ten (10) years.

     (iv) One member who has been employed as a refrigeration/air conditioning

journeyperson for ten (10) years.

     (v) One member who shall be a fire protection sprinkler master at the time of

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appointment, having at least ten (10) years in business as a fire protection sprinkler master.

     (vi) One member who has been employed as a journeyperson sprinkler fitter for ten (10)

years.

     (vii) One member shall be the state fire marshal or his or her designee.

     (viii) Two (2) members to be appointed from a list submitted by the Oil Heat Institute,

Inc. and who have been doing business as masters for at least ten (10) years.

     (ix) One member who shall be a sheet metal master at the time of appointment, having at

least ten (10) years in business as a sheet metal master.

     (x) One member who has been employed as a journeyperson sheet metal worker for ten

(10) years.

     (xi) One member who has been employed as a thermal system's insulation master at the

time of appointment, having at least ten (10) years in business as a thermal system's insulation

master.

     (3) Members shall be appointed to serve for three (3) years and their successors shall be

appointed for three (3) years.

     (4) On the expiration of the term of any master or journeyperson member of the board,

the governor shall appoint for a term of three (3) years a master or journeyperson or member

having the qualifications required by this chapter to take the place of the master or journeyperson

whose term has expired.

     (5) Any vacancy which occurs for any cause shall be filled by appointment by the

governor for the remainder of the unexpired term.

     (6) The board shall have an advisory role in the preparation and composition of the

license examinations to be administered by the division. Subsequent to the administration of the

examinations, the board of examiners shall review the examinations to evaluate their

effectiveness.

     (7) A chairperson shall be elected every three (3) years from the members; a majority will

constitute a quorum of the full board. The senior chief investigator for the division shall have

both a master pipefitter I and master refrigeration I license, with a minimum of five (5) years

employment in the state of Rhode Island as a journeyperson and five (5) years as a contractor. He

or she shall be appointed by the licensing board and the position shall be in the classified service

at not less than pay grade 335.

     (8) There shall be a chief investigator for the division who shall have both a master

pipefitter and master refrigeration license, with a minimum of five (5) years employment in the

State of Rhode Island as a journeyperson and five (5) years as a contractor. He or she shall be

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appointed by the director of labor and training, upon recommendation from the licensing board,

and this position shall be in the classified service.

     28-27-4. "Master pipefitting contractor," "master refrigeration contractor,"

"master sheet metal contractor" and "master fire protection sprinkler contractor" defined

"Master pipefitting contractor," "master refrigeration contractor," "master sheet metal

contractor," "master thermal system's insulation contractor," and "master fire protection

sprinkler contractor" defined.

     (a) "Fire protection sprinkler contractor" means a person having a regular place of

business and who, by himself or herself or a journeyperson sprinkler fitter in his or her employ,

performs fire protection sprinkler systems work.

     (b) "Master pipefitting contractor" means a person having a regular place of business and

who, by him or herself, or a journeyperson pipefitter in his or her employ, performs pipefitting

work subject to the provisions of this chapter and the rules and regulations and licensing criteria

promulgated under this chapter.

     (c) "Master refrigeration contractor" means a person having a regular place of business

and who, by him or herself or a journeyperson refrigeration technician in his or her employ,

performs refrigeration/air conditioning work.

     (d) "Master sheet metal contractor" means a person having a regular place of business

and who, by him or herself or a journeyperson sheet metal worker in his or her employ, performs

sheet metal work.

     (e) "Master thermal system's insulation contractor" means a person having a regular place

of business and who, by him or herself, or a journeyperson thermal system's insulation

contractors in his or her employ, performs thermal system's insulation work.

     28-27-4.2. "Journeyperson pipefitter", "journeyperson sprinkler fitter" and

"journeyperson sheet metal worker" defined "Journeyperson pipefitter," "journeyperson

sprinkler fitter," journeyperson thermal system's insulation worker," and "journeyperson

sheet metal worker" defined.

     (a) "Journeyperson pipefitter" means any person who has completed a five (5) year

apprentice program and/or has passed a journeyperson examination and who by himself or herself

does work on pipefitting systems subject to provisions of this chapter. The rules, regulations, and

licensing criteria guide promulgated under this chapter referencing Class II limited journeyperson

licenses shall require completion of an accepted formal technical program approved by the

department of labor and training.

     (b) "Journeyperson sheet metal worker" means any person who has completed a four (4)

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year apprentice program and/or has passed a journeyperson sheet metal worker examination and

who by himself or herself does sheet metal work subject to provisions of this chapter and the

rules, regulations, and licensing criteria promulgated under this chapter.

     (c) "Journeyperson sprinkler fitter" means any person who has completed a four (4) year

apprentice program and/or has passed a journeyperson sprinkler fitter examination and who by

himself or herself does work in fire protection sprinkler systems subject to provisions of this

chapter and the rules, regulations, and licensing criteria promulgated under this chapter.

     (d) "Journeyperson thermal system's insulation worker" means any person who has

completed a four (4) year apprentice program and/or has passed a journeyperson thermal system's

insulation worker examination and who by himself or herself does thermal system's insulation

work subject to provisions of this chapter and the rules, regulations, and licensing criteria

promulgated under this chapter.

     28-27-4.3. "Pipefitter apprentice," "refrigeration/air conditioning apprentice,"

"journeyperson sprinkler fitter apprentice" and "journeyperson sheet metal worker

apprentice" defined -- Duration of apprentice programs.

     (a) "Journeyperson sheet metal worker apprentice" means any person at least eighteen

(18) years of age who is learning or working at the businesses of sheet metal work under the

direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a

registered state sanctioned apprentice program.

     (b) "Journeyperson sprinkler fitter apprentice" means any person at least eighteen (18)

years of age who is learning or working at the business of fire protection sprinkler systems under

the direct supervision of a master or journeyperson sprinkler fitter under a registered state

sanctioned apprentice program.

     (c) "Pipefitter apprentice" means any person at least eighteen (18) years of age who is

learning or working at the business of pipefitting under the direct supervision of a master

pipefitter or journeyperson pipefitter under a registered state sanctioned apprentice program.

     (d) Pipefitter, refrigeration, sprinkler fitter and sheet metal worker apprentice programs

are of a five (5) year duration, except as detailed in § 28-27-4.2, for all Class II limited licenses.

     (e) "Refrigeration/air conditioning apprentice" means any person at least eighteen (18)

years of age who is learning and working at the business of refrigeration/air conditioning under

the direct supervision of a refrigeration/air conditioning master or journeyperson under a

registered state sanctioned apprentice program.

     (f) "Thermal system's insulation worker apprentice" means any person at least eighteen

(18) years of age who is learning and working at the business of thermal system's insulation under

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the direct supervision of a thermal system's insulation master or journeyperson under a registered

state-sanctioned apprentice program.

     28-27-5. Practices for which master or contractor license required.

     (a) No person shall: (1) engage in this state in the business of the mechanical trades as a

master or as an employer of the mechanical trades, (2) enter into contracts or agreements for the

installation, maintenance, repair, or servicing in the mechanical trades, (3) advertise or represent

in any form or matter that they are masters or that they will install pipefitting or refrigeration/air

conditioning, or air distribution systems or perform fire protection sprinkler work, or install

thermal system's insulation, unless those persons possess a valid license issued by the department

of labor and training under this chapter. All masters shall carry this license on their person at all

times while so engaged, and shall affix their master's license number to any advertisement and/or

contract they execute and/or bid they file with any consumer for their professional services and to

any applicable permit required for the performance of those services.

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

obtain an additional license under this chapter to perform sheet metal work when AC air handling

equipment is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. A

person holding a valid master license under this chapter can bid or quote or solicit bids for the

installation, maintenance, repair and perform all work and the servicing of sheet metal work, but

must subcontract the aforementioned work to a properly licensed sheet metal contractor to

perform the work only when AC air handling equipment is in excess of ten (10) tons or when

heating equipment exceeds 250,000 BTUs. The subcontractor must secure the proper state or

municipal permits for the work subcontracted to be performed.

     28-27-5.1. Practices for which a journeyperson or apprentice license required.

     (a) No person shall engage to work as a pipefitter, thermal system's insulation worker,

refrigeration/air conditioning, or sprinkler fitter journeyperson or apprentice, or journeyperson

sheet metal worker or apprentice, or shall advertise or represent in any form or matter that he or

she is a journeyperson or apprentice, unless that person possesses and carries on his or her person

at all times while so engaged a valid license issued by the department of labor and training

qualifying that person as a journeyperson or apprentice.

     (b) A person holding a valid license under this chapter shall not be required to obtain an

additional license under this chapter to perform sheet metal work when AC air handling

equipment is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs.

     (c) A holder of a journeyperson license shall only be entitled to work as an employee of

the properly licensed master permit holder in accordance with this chapter.

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     28-27-6. Corporations and firms engaged in business.

     (a) No corporation, firm, association or partnership shall engage in business, advertise,

make application for and take out permits, bid for work, or represent itself as a mechanical

contractor, pipefitter, thermal system's insulation, refrigeration/air conditioning, fire protection

sprinkler systems master or contractor or sheet metal contractor unless:

     (1) A licensed mechanical contractor, pipefitter, thermal system's insulation,

refrigeration/air conditioning, fire protection sprinkler systems master, or sheet metal contractor

as applicable, as provided in this chapter is continuously engaged in the supervision of that

entity's 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 such firm,

association, or other entity; or

     (2) That entity possesses a valid mechanical contractor, pipefitter, thermal system's

insulation, refrigeration-air conditioning, fire protection sprinkler systems contractor's or sheet

metal contractor license, as applicable, duly issued by the department of labor and training as

further described in subsection (b) of this section.

     (b) Upon application of any of the above entities 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 mechanical contractor, pipefitter, thermal system's insulation,

refrigeration-air conditioning, sheet metal, fire protection sprinkler systems master, or sheet metal

contractor license as described in § 28-27-17, as the same may be amended from time to time, the

department of labor and training shall issue the applicant entity a license as a mechanical

contractor, as applicable. The contractor's license shall specify the name of the entity holding the

license and shall state that the license holder: (1) has a masters license in the mechanical trades,

as defined in § 28-27-1.0, and who is continuously engaged in the supervision of the entity's

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 such firm, association, or other entity;

or (2) continuously employs at all times while holding this license a person with a masters license

in the applicable mechanical trade, as provided in this chapter, who shall be continuously engaged

in the supervision of the entity's installation, maintenance, and repair work. The contractor's

license shall entitle the entity holding the license to engage in business, advertise, bid for work, or

represent itself as a mechanical contractor, and also entitles 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 continuously employed by the entity as stated in this section, as the case may be. The

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contractor's license shall not, however, 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 in this section unless the principal, officer, employee, or agent is

individually licensed to do so.

     (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 or contract master who

serves as an officer or similarly authorized principal of the entity or who, in the case of a licensed

master, is continuously employed by the entity holding a contractor's licenses, is duly licensed to

perform.

     (d) Any licensed master or contractor master who serves as an officer or similarly

authorized principal of such an entity or who, in the case of a licensed master, is continuously

employed by an entity holding a 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) If the licensed master or contractor master described in this section ceases to be an

officer or similarly authorized principal of one of the entities described in this section or, in the

case of a licensed master, ceases to be continuously employed by an entity holding a contractor's

license for any reason whatsoever, the entity shall provide written notice of the cessation of

continuous employment to the department of labor and training no more than fourteen (14) days

after the effective date of occurrence of the cessation. Any entity so affected shall provide written

notice to the department of labor and training specifying the licensed master or contractor master

who shall replace the departed licensed master or contractor master, as applicable, 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 the mechanical trades for the purpose of

maintenance, or repair work in the state of Rhode Island shall be permitted to incorporate, form,

qualify to do business, or otherwise register with 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

issued and remain in good standing.

     (g) Any willful violation of this section shall be grounds for revocation of license as

further described in § 28-27-21.

     28-27-6.1. Owners' right to install.

     An owner of a single family domestic dwelling who intends to occupy the premises

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himself or herself may, after approval by local municipal and/or state authorities and upon receipt

of a permit, install pipefitting, thermal system's insulation, refrigeration, sheet metal, or fire

protection sprinkler systems work in Rhode Island without being licensed by the division of

professional regulation. The work must conform to the best installation practices of the trade and

all applicable portions of the B.O.A.C.A. code and procedures adopted by the division of

professional regulation.

     28-27-6.2. Issuance of contractor master license.

     (a) There is created a class of license which shall be known, respectively, as a pipefitter,

thermal system's insulation, refrigeration-air conditioning, sheet metal, fire protection sprinkler

systems contractor master. This license shall not, in and of itself, permit any holder of it to

individually engage in installation, maintenance, or repair as described in this chapter, but may

instead only be used in conjunction with a contractor's license as described in § 28-27-6.

     (b) No application for a license of pipefitter, thermal system's insulation, refrigeration-air

conditioning, sheet metal, fire protection sprinkler contractor master shall be filed with the

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

such a license, unless:

     (1) The applicant possesses the requisite skill, expertise, education, experience, training,

and other qualities or qualifications to take the examination that the department of labor and

training, by the promulgation of regulations, may require;

     (2) The application is accompanied by a test fee which shall equal the fee for a Pipefitter

Master I as outlined in § 28-27-17.

     (c) Upon passage of the contractor master examination as prepared and administered by

the department of labor and training upon recommendation and advice of the board, payment of a

license fee which shall equal the fee for a Pipefitter Master I as outlined in § 28-27-17 shall be

required and the contractor master license shall be issued as provided in § 28-27-15.

     (d) Applications must be filed with the department of labor and training at least fifteen

(15) days prior to the examination date.

     28-27-8. 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 name and address of licensed pipefitters

or thermal system's insulation or refrigeration/air conditioning or fire protection sprinkler

contractors and sprinkler fitters masters, journeypersons and sheet metal contractors and

journeypersons sheet metal workers of this state. These records shall show dates of issuance of

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licenses and be open to public inspection. These records shall also show dates of filing of

complaints and the nature of the complaints for revocation of license and the date of, as well as

the final order upon, those complaints;

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

determine the conformance to the standards;

     (4) Prepare a full and complete monthly statement of all receipts derived under this

chapter and turn over to the general treasurer all money in possession in the department.

     28-27-9. Application for license.

     Any applicant for a license as pipefitter, thermal system's insulation or refrigeration/air

conditioning or fire protection sprinkler contractor or sheet metal contractor or journeyperson

sheet metal worker or sprinkler fitter master or journeyperson in the state shall present his or her

application to the department on the printed form provided for the application.

     28-27-9.1. Grandfathering -- Licensing of sheet metal contractors and sheet metal

journeypersons without examination Grandfathering -- Licensing of sheet metal contractors

and sheet metal journeypersons and thermal system's insulation contractors and thermal

system's insulation journeypersons without examination.

     (a)(1) After enactment of this chapter and at any time prior to the expiration of twelve

(12) months following enactment of this section, 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 thermal system's insulation contractor's license or a thermal

system's insulation journeyperson's license, a sheet metal contractor's license or sheet metal

journeyperson's license to any applicant who currently holds a valid pipefitter or refrigeration

license in the state of Rhode Island. A sheet metal journeyperson and thermal system's insulation

journeyperson shall have a minimum of four (4) years of verified experience in the sheet metal

business covered by the license, as applicable.

     (2) An applicant for a thermal system's insulation contractor's license or a sheet metal

contractor's license under this provision must further provide sworn evidence of satisfactory

thermal system's insulation or sheet metal experience for a minimum of five (5) years of verified

experience in the thermal system's insulation or sheet metal business covered by such license, as

applicable.

     (b) Any person qualified to obtain a thermal system's insulation or sheet metal

contractor's license or a thermal system's insulation or sheet metal journeyperson's license under

this section who is prevented from making application herefor by reason of service in the armed

forces of the United States during the twelve (12) month period following enactment of this

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section [July 7, 2000] shall have three (3) months after discharge or release from active duty to

make such application.

     28-27-10. License of pipefitter or refrigeration/air conditioning or fire protection

sprinkler contractor or sheet metal contractor or sprinkler fitter master -- Test fee --

License fee -- Qualifications -- Filing deadline License of pipefitter or a thermal system's

insulation or refrigeration/air conditioning or fire protection sprinkler contractor or sheet

metal contractor or sprinkler fitter master -- Test fee -- License fee -- Qualifications --

Filing deadline.

     (a) No application for a license of a pipefitter or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler contractor or sheet metal contractor or

sprinkler fitter master shall be filed by the department nor shall any applicant be permitted to take

the examination for a license as a pipefitter or thermal system's insulation or refrigeration/air

conditioning or fire protection sprinkler contractor or sheet metal contractor or sprinkler fitter

master unless:

     (1) The test application is accompanied by a test fee as outlined in § 28-27-17.

     (2) Upon passing of a master test, or contractor test for sheet metal contractor applicants,

payment of a license fee as outlined in § 28-27-17 is required and the master license will be

issued as provided in § 28-27-15.

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

department of labor and training specifying that person as a journeyperson licensed as such for a

minimum of one year or the application is accompanied by an affidavit or other reasonably

satisfactory evidence showing that the laws of another state specifying that person as a pipefitter

or thermal system's insulation or refrigeration/air conditioning or fire protection sprinkler

contractor or sprinkler fitter master. (b) Applications must be filed with the department at least

fifteen (15) days prior to the examination date.

     28-27-11. Journeyperson license -- Test fees -- License fees and qualifications --

Filing deadline for journeyperson.

     (a) No application for a journeyperson's test shall be filed by the department nor shall any

applicant be permitted to take the examination for a license as a journeyperson unless:

     (1) The test application is accompanied by a test fee as outlined in § 28-27-17.

     (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27-

17 is required and the journeyperson license will be issued as provided in § 28-27-15.

     (3) The applicant has possessed for at least five (5) years prior to the filing of the

application a certificate of registration in full force and effect from the department of labor and

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training specifying the person as a registered apprentice, and the application of an applicant:

     (i) Is accompanied by an affidavit or affidavits of his or her employer or former

employers or other reasonably satisfactory evidence showing that the applicant has been actually

engaged in pipefitting or thermal system's insulation or refrigeration/air conditioning, sheet metal

or fire protection sprinkler systems work as an apprentice in the state of Rhode Island during

those five (5) years;

     (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that

the applicant has been registered as a student in a recognized college, university, or trade school

and has pursued a course of pipefitting or thermal system's insulation or refrigeration/air

conditioning, sheet metal or fire protection sprinkler systems for at least two (2) academic years

or is the recipient of an associate degree in pipefitting or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler systems, and has thereafter been

registered by the department of labor and training as an apprentice for at least three (3) years and

employed as a registered apprentice by a duly licensed pipefitter or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler systems master or sheet metal

contractors in this state for a period of three (3) years; or

     (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing

that the applicant possesses a certificate of license issued under the laws of another state

specifying that person as a journeyperson.

     (4) The licensing authority may grant an exemption to the requirements of subdivision

(a)(3) on the basis of past experience.

     (b) The test application is to be filed with the department at least fifteen (15) days prior to

the examination date.

     28-27-14. Examination of applications.

     The department shall provide and conduct examinations three (3) times each year of

applicants who have had their application for a pipefitter or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or

journeyperson or sheet metal contractor or journeyperson sheet metal worker placed on file with

the department. All examinations shall be conducted by the division of professional regulation of

the department of labor and training with the aid and cooperation of the board of examiners and

shall be conducted at places designated by the department within the state consistent with the

reasonable convenience of the applicant. All test materials shall be preserved for three (3) months

after the date of the test.

     28-27-15. Issuance of licensing following examination.

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     The director of labor and training shall allow or deny applications for master or

contractors' or journeyperson's license upon the recommendation of the division as soon after the

examination as practicable. Each applicant who has successfully passed the examination and has

had his or her application allowed shall be issued a certificate of license in the category tested for

as a pipefitter or thermal system's insulation or refrigeration/air conditioning or fire protection

sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or

journeyperson sheet metal worker by the division on payment of the proper fee.

     28-27-17. Test fees -- License fees -- Expiration and renewal of licenses.

     (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection

sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal

worker and thermal system's insulation contractor or thermal system's insulation worker detailed

in this section shall be paid for as follows:

TEST LICENSE RENEWAL

Master Mechanical Contractor -- 480.00 480.00

Contractor Master 75.00 240.00 240.00

Pipefitter Master I 75.00 240.00 240.00

Pipefitter Master II 75.00 96.00 96.00

Refrigeration Master I 75.00 240.00 240.00

Refrigeration Master II 75.00 96.00 96.00

Pipefitter Journeyperson I 75.00 72.00 72.00

Pipefitter Journeyperson II 75.00 60.00 60.00

Refrigeration Journeyperson I 75.00 72.00 72.00

Refrigeration Journeyperson II 75.00 60.00 60.00

Apprentices (annual fee) -- 24.00 24.00

Fire Protection Sprinkler

Fitters Master I 75.00 240.00 240.00

Fire Protection Sprinkler

Fitters Journeyperson I 75.00 72.00 72.00

Sheet Metal Contractor 75.00 240.00 240.00

Sheet Metal Worker

Journeyperson 75.00 72.00 72.00

Thermal System's Insulation Contractor 75.00 240.00 240.00

Thermal System's Insulation Worker:

Master 75.00 240.00 240.00

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Journeyperson 75.00 72.00 72.00

Apprentice 0.00 24.00 24.00

     (b) Apprenticeship renewal fees shall be paid on an annual basis.

     (c) Every license issued by the division of professional regulation to license holders born

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

and all licenses issued by the division of professional regulation to license holders 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 fee.

If any credit is due in the initial changeover year the amount of credit is determined by the chief

administrator of the division.

     28-27-17.2. Certificates expiring while licensee is in federal service.

     Any pipefitter, thermal system's insulation, refrigeration, sprinkler fitter or sheet metal

worker license expiring while the holder thereof is in the military, naval, or air service of the

United States shall be renewed without further examination, upon payment of the prescribed fee,

at any time within four (4) months after that person's discharge from the service.

     28-27-18. Registration of apprentices.

     (a) Any person who has agreed to work under the supervision of a licensed pipefitter,

thermal system's insulation, refrigeration/air conditioning, sprinkler fitter or sheet metal master

under a state sanctioned apprenticeship program shall be registered by the director of labor and

training and be issued a certificate of apprenticeship.

     (b) The minimum formal training period for a P.J.F. limited class II license shall be one

hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the

department of labor and training. The fee schedules for the P.J.F. limited license are detailed in §

28-27-5.2. All other sections of this chapter shall remain in full force and effect.

     28-27-19. License displayed in place of business.

     In every place in this state within and from which a pipefitter or thermal system's

insulation or refrigeration/air conditioning or fire protection sprinkler systems or air distribution

business is conducted as specified for a pipefitter or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler contractor/sprinkler fitter master or sheet

metal contractor there shall be at all times a certificate of license as provided in this chapter. The

certificate shall contain the name, address, social security number, state license number,

classification, and limitations, if any, on the license. All vehicles used in those businesses shall be

identified as being regulated by the bureau and will display with no less than three (3) inch

lettering, the contractors category, license number, and company name.

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     28-27-20. State and municipal inspections and installation permits.

     Nothing in this chapter shall prohibit any city, town or the state from providing for a

pipefitter or thermal system's insulation or refrigeration/air conditioning or fire protection

sprinkler systems or air distribution systems inspection or from requiring permits for the

installation, maintenance, repair and servicing of pipefitting or thermal system's insulation or

refrigeration/air conditioning or fire protection sprinkler systems or air distribution systems and

collecting fees thereof. Whenever a permit is required under the provisions of this section, a

condition of its issuance shall be that the contractor's license number and a copy of the

contractor's license first be affixed on the permit which must be signed by the contractor. The

permit must be obtained from the state, city or town prior to the installation. Where equipment

and appliance replacements or repairs must be performed in an emergency situation, the permit

application shall be submitted within the next business day to the office of mechanical inspection.

     28-27-21. Grounds for revocation of license.

     The director of labor and training shall revoke or suspend the license or impose a fine on

any pipefitter or thermal system's insulation or refrigeration/air conditioning or fire protection

sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor or

journeyperson sheet metal worker after hearing before and recommendation of the board, when

the weight of the evidence establishes any one or more of the following specific violations:

     (1) Obtaining or conspiring with others to obtain a license by inducing the issuance of

that license in consideration of the payment of money, or any other thing of value, or by and

through a willful or fraudulent misrepresentation of facts or the procurement thereof.

     (2) Willfully violating any ordinances or rules of any cities or towns or of any laws in this

state regulating the conduct of pipefitting or refrigeration/air conditioning or fire protection

sprinkler systems or air distribution systems work.

     (3) Knowingly hiring, directly aiding or assisting any person to engage in the work

specified for a pipefitter or refrigeration/air conditioning or fire protection sprinkler

contractor/sprinkler fitter master or journeyperson or sheet metal contractor or journeyperson

sheet metal worker when that person does not have a license as provided in this chapter.

     (4) Any pipefitter or thermal system's insulation or refrigeration/air conditioning or fire

protection sprinkler contractor/sprinkler fitter master or journeyperson or sheet metal contractor

or journeyperson sheet metal worker willfully and fraudulently loaning his or her license to any

other person for the purpose of permitting that person to engage in any work in violation of this

chapter.

     (5) Being convicted of a felony.

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     (6) Willfully violating any of the provisions of this chapter including the rules,

regulations, and licensing criteria guide promulgated under this chapter.

     28-27-30. Enforcement procedures.

     Violations of this chapter may be enjoined upon bill of complaint being filed in the

superior court for the county in which those violations have been committed by the department of

labor and training or by any association of pipefitter or thermal system's insulation or

refrigeration/air conditioning masters or journeypersons, licensed pipefitter or thermal system's

insulation or refrigeration/air condition masters or journeypersons, or association of sheet metal

contractors or journeyperson sheet metal workers, licensed sheet metal contractor or

journeyperson sheet metal worker or by any inspector. Injunctions may be granted by the superior

court after 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 have been instituted before the department. No ex parte restraining orders shall be issued in

suits brought pursuant to this section. Violators may also be ordered to pay the complaint's

reasonable attorney's fees.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MECHANICAL TRADES

***

     This act would add thermal system's insulation workers, apprentices, journeypersons,

contractors and masters to the mechanical trades' regulation chapter of the general laws.

     This act would take effect upon passage.

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