CHAPTER 333
2000-S 2580
Enacted 7/20/2000


A  N     A   C   T

RELATING TO BUSINESSES AND PROFESSIONS -- PLUMBERS

Introduced By:  Senators Ruggerio, Gallo, DaPonte, McDonald and Kells Date Introduced:  February 10, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-20-12 of the General Laws in Chapter 5-20 entitled "Plumbers" is hereby amended to read as follows:

5-20-12. Corporations and firms engaging in business -- No corporation, firm, association, or partnership shall engage in business as a master plumber or represent itself as a plumbing contractor unless a licensed master plumber as provided in this chapter is continuously engaged in the supervision of its plumbing installation, maintenance, and repair work; provided, that the master plumber is a partner or an officer in the firm or corporation. (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 plumbing contractor unless: (1) a licensed master plumber as provided in this chapter shall be continuously engaged in the supervision of such entity's plumbing installation, maintenance, and repair work and such licensed master is an officer of such corporation, a partner in such partnership, or a similarly authorized principal of any such firm, association, or other entity; or (2) such entity shall possess a valid plumbing contractor's license duly issued by the department of labor and training as further described in subsection (b) hereof.

(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 such application and license which shall be equal to the fee for a master plumber's license as described in section 5-20-16, 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 plumbing contractor. Such plumbing contractor's license shall specify the name of the entity holding the license and shall state that such license holder shall: (1) have a licensed contractor master plumber, as such term is defined in section 5-20-12.1, who shall be continuously engaged in the supervision of such entity's plumbing installation, maintenance, and repair work and who shall be an officer of such corporation, a partner in such partnership, or a similarly authorized principal of any such firm, association, or other entity; or (2) continuously employ at all times while holding such license a duly licensed master plumber, as provided in this chapter, who shall be continuously engaged in the supervision of such entity's plumbing installation, maintenance, and repair work. The plumbing contractor's license shall entitle the entity holding the same to engage in business, advertise, bid for work, or represent itself as a master plumber or a plumbing contractor and shall also entitle such 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 above or the duly licensed master plumber continuously employed by such entity as stated above, as the case may be. Such contractor's license shall not, however, in and of itself permit a principal, officer, employee, or agent of the entity holding such license to individually engage in installation, maintenance, or repair work as described above unless such 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 or contractor master plumber 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 plumbing contractor's license is duly licensed to perform.

(d) Any licensed master or contractor master plumber 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 plumbing contractor's license shall represent the interests of one (1) such entity and only one such entity at any given time as described above.

(e) In the event that the licensed master or contractor master plumber described above shall cease to be an officer or similarly authorized principal of one of the entities described above or, in the case of a licensed master, shall cease to be continuously employed by an entity holding a plumbing contractor's license for any reason whatsoever, such entity shall provide written notice of the same to the department of labor and training no more than fourteen (14) days after the effective date of occurrence of such cessation. Any entity so affected shall provide written notice to the department of labor and training specifying the licensed master or contractor master plumber who shall replace the departed licensed master plumber or contractor master, as applicable, referenced above no more than forty-five (45) days after the effective date of occurrence of such 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, 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 shall have 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 shall be grounds for revocation of license as further described in section 5-20-27.

SECTION 2. Chapter 5-20 of the General Laws entitled "Plumbers" is hereby amended by adding thereto the following section:

5-20-12.1. Issuance of contractor master license. -- (a) There is hereby created a class of license which shall be known as a contractor master plumber. Such license shall not, in and of itself, permit any holder thereof to individually engage in installation, maintenance, or repair as described herein, but may instead only be used in conjunction with a contractor's license as described in section 5-20-12.

(b) No application for a license of a contractor master plumber 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) Such applicant possesses the requisite skill, expertise, education, experience, training, and other qualities or qualifications to take such examination as 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 master plumber as outlined in section 5-20-16 .

(3) 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 master plumber as outlined in section 5-20-23, as amended, shall be required and such contractor master license shall be issued as provided in section 5-20-21.

(c) Applications must be filed with the department of labor and training at least fifteen (15) days prior to the examination date.

(d) All applicants for licensure as a contractor master shall be subject to the bonding requirements set forth in section 5-20-18.

SECTION 3. This act shall take effect upon passage.


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