CHAPTER 214
2001-S 805B am
Enacted 07/13/2001


A  N     A   C   T

RELATING TO BUSINESSES AND PROFESSIONS -- IRRIGATION CONTRACTORS

Introduced By:   Senators Celona and Graziano Date Introduced:   February 27, 2001 Referred To:   Senate Committee on Corporations

It is enacted by the General Assembly as follows:

SECTION 1. Section 5-6-29 of the General Laws in Chapter 5-6 entitled "Electricians" is hereby amended to read as follows:

5-6-29. Persons and work exempt. -- (a) The provisions of this chapter do not apply to:

(1) The electrical work and equipment for the generation and primary distribution of electric current, or the secondary distribution system up to and including the meters, where that work and equipment is an integral part of the system owned and operated by an electric light and power company in rendering its authorized service; or to the electrical work and electrical equipment employed in connection with the manufacture and distribution of gas, where that work and equipment is an integral part of the system owned and operated by a gas company in rendering its authorized service.

(2) The electrical work and equipment employed in connection with the operation of signals, or the transmission of intelligence, where that work and equipment is an integral part of the communication system owned and operated by a municipality or by a telegraph or telephone company, or any community antenna television system (CATV) subject to regulation under title 39 by the division of public utilities or any subcontractor of a CATV system, including the work of a telephone company of installing, repairing or replacing all wiring on the load side of the last fused distribution point, and all of the emergency wiring installed, replaced, or repaired by a telephone company,; or any community antenna television system (CATV) subject to regulation under title 39 by the division of public utilities or any subcontractor of such CATV system.

(3) The electrical work and equipment in mines, ships, railway rolling stock, or automotive equipment, or devices subject to the provisions of chapter 33 of title 23.

(4) Any work involved in the manufacture, test, or repair of electrical equipment in the manufacturer's plant, but not including any electrical wiring other than that required for testing purposes.

(b) This chapter does not apply to installations in suitable laboratories of exposed electrical wiring for experimental purposes only.

(c) This chapter does not forbid the installation of electrical work in a single-family or two-family dwelling on the immediate premises of the dwelling by the owner of the dwelling if living on, or about to live on, the premises.

(d) This chapter does not apply to any person who now holds or subsequently may hold a hoisting engineer's license issued by the state nor does it apply to any person who now holds or may subsequently hold a license to operate a moving picture machine regardless of whether or not that license was granted by any town or city council in the state or by any person, board, or agency endowed with authority to issue that license.

SECTION 2. Sections 5-20-3, 5-20-4, 5-20-6, 5-20-8, 5-20-9, 5-20-10, 5-20-12, 5-20-14, 5-20-15, 5-20-16, 5-20-17, 5-20-18, 5-20-19, 5-20-20, 5-20-21, 5-20-22, 5-20-23, 5-20-24, 5-20-25, 5-20-26, 5-20-27, 5-20-28, 5-20-33.1, 5-20-35 and 5-20-36 of the General Laws in Chapter 5-20 entitled "Plumbers" are hereby amended to read as follows:

5-20-3. "Master plumber" defined. -- The term "master plumber", as used in this chapter, means any person who as an independent contractor engages in this state in the business of installation, maintenance, or repair of plumbing in the building or upon the premises where that plumbing, as defined in section 5-20-2, is or is to be located, either by contract or agreement with the owner, lessee, tenant, or agent of those premises or building, or who employs one or more journeyperson plumbers, one or more plumber's apprentices, or other persons to assist in that installation, maintenance, or repair work or who performs any acts specified in this chapter for performance by a "master plumber".

(1) A person holding a valid master plumbers license under this chapter shall not be required to obtain an additional license under this chapter to perform master irrigation work.

5-20-4. "Journeyperson plumber" defined. -- The term "journeyperson plumber", as used in this chapter, means any employee except an apprentice plumber as subsequently defined, whose principal occupation is the installation, maintenance, or repair of plumbing, as defined in section 5-20-2.

(1) A person holding a valid journeyperson license under this chapter shall not be required to obtain an additional license under this chapter to perform journeyperson irrigation work.

5-20-6. Board of examiners -- Composition -- Appointment of members. -- (a) A state board of plumbing examiners is created in the department of labor and training whose duty it is to supervise the operation of the division of professional regulation in an advisory capacity in promulgating any policy that is necessary to improve the operation of the division in their area of expertise. The promulgation of that policy is subject to the approval of the director of the department.

(b) (1) The board consists of eight (8) members:

(i) One is the director of labor and training, or his or her designee ex officio who shall be a non voting member; one of whom shall be a representative from the department of health; one (1) of whom shall be a licensed plumber appointed by the director of labor and training;

(ii) Three (3) are master plumbers possessing at the time of appointment, for a period of five (5) years, a certificate of license in full force and effect from the department of labor and training of the state, under the provisions of this chapter, specifying those persons as master plumbers; and

(iii) Three (3) are journeyperson plumbers possessing at the time of appointment, for a period of ten (10) years, a certificate of license in full force and effect from the department of labor and training, under the provisions of this chapter, specifying those persons as journeyperson plumbers.

(2) All of the members of the board must be citizens of this state for at least two (2) years immediately preceding their appointment. The board shall elect from its membership a chairperson, deputy chairperson and secretary. The members of the board, except the ex officio members, are appointed as subsequently provided.

(c) The provisions of subsection (b) of this section are applicable only to appointments made by the governor after May 16, 1966.

(d) On the expiration of the term of any master plumber member or journeyperson plumber member of the board, the governor shall appoint for a term of three (3) years a master plumber member and a journeyperson plumber member having the qualifications required by this chapter to take the place of the master plumber member and the journeyperson plumber member whose term on the board has expired. That member holds office until the expiration of the term for which the member is appointed and until his or her successor has been appointed and qualified. Any vacancy which occurs in the master plumber members or journeyperson plumber members of the board from any cause shall be filled by appointment by the governor for the remainder of the unexpired term of that member.

5-20-8. Practices for which master's license required. -- No person shall engage in this state in the business of plumbing as a master plumber, or irrigation as a master irrigator, or as an employer of a journeyperson plumber or journeyperson irrigator, or plumber's apprentice, or apprentice irrigator, or enter into contracts or agreements for the installation, maintenance, or repair of plumbing or irrigation system or perform any of the acts specified in this chapter for performance by a master plumber, or master irrigator, or advertise or represent in any form or manner that they are a master plumber or master irrigator, or that they will install plumbing, or irrigation system, unless that person possesses a certificate of license in full force and effect from the department of labor and training specifying that person as a master plumber or master irrigator. That person shall carry the certificate on their person at all times while so engaged, and shall affix their plumber's license number or master irrigator's license number to any contract they execute or bid filed with any person for their professional services and to any applicable permit required for the performance of those services.

5-20-9. Acts for which journeyperson's license required. -- No person shall engage to work as a journeyperson plumber or journeyperson irrigator or represent in any form or manner that he or she is a journeyperson plumber or journeyperson irrigator unless that person possesses and carries on his or her person at all times while engaged a certificate of license in full force and effect from the department of labor and training specifying that person as a journeyperson plumber. or journeyperson irrigator.

5-20-10. Work for which apprentice certificate required. -- No person shall engage to work as an apprentice plumber unless that person possesses and carries on his or her person at all times while engaged a certificate of registration in full force and effect from the department of labor and training specifying that person as an apprentice plumber. or an apprentice irrigator.

5-20-12. Corporations and firms engaging in business. [As amended by P.L. 2000, ch. 433, section 1.] -- (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 master irrigator unless: (1) a licensed master plumber as provided in this chapter shall be continuously engaged in the supervision of the entity's plumbing installation, irrigation installation, maintenance, and repair work and the licensed master is an officer of the corporation, a partner in the partnership, or a similarly authorized principal of any firm, association, or other entity; or (2) the entity possesses a valid plumbing contractor's or master irrigator's license duly issued by the department of labor and training as described in subsection (b) of this section.

(b) Upon application of any of the entities listed in subsection (a) of this section in form and substance prescribed by the department of labor and training, and receipt of the fee for the application and license which shall be equal to the fee for a master plumber's license or master irrigator's license as described in section 5-20-16, the department of labor and training shall issue the applicant entity a license as a plumbing contractor or irrigation contractor. The plumbing contractor's or irrigation contractor's license shall specify the name of the entity holding the license and shall state that the license holder shall: (1) have a licensed contractor master plumber, as that term is defined in section 5-20-12.1, who is continuously engaged in the supervision of the entity's plumbing installation, maintenance, and repair work and who is an officer of the corporation, a partner in the partnership, or a similarly authorized principal of any firm, association, or other entity; or (2) continuously employ at all times while holding the license a duly licensed master plumber, or master irrigator as provided in this chapter, who is continuously engaged in the supervision of the entity's plumbing installation, irrigation installation, maintenance, and repair work. The plumbing contractor's and master irrigator's license shall entitle the entity holding the license to engage in business, advertise, bid for work, or represent itself as a master plumber or master irrigator or a plumbing contractor and shall also entitle the entity to make application for and take out permits through its duly authorized officer or similarly authorized principal as well as through the duly licensed contractor master as described above or the duly licensed master plumber continuously employed by the entity as stated above, as the case may be. The 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 above unless that principal, officer, employee, or agent is individually licensed so to do.

(c) Any work engaged in, advertised for, applied for by permit, bid for, or represented to be permissible shall be solely of the type for which the licensed master 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 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 entity and only one 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, that entity shall provide written notice of that fact 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 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 the cessation.

(f) No corporation, firm, association, partnership, or other entity which engages in, offers to engage in, or represents that it engages in plumbing installation, 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 is grounds for revocation of license as further described in section 5-20-27.

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

(1) Prepares license certificates and issues them in conformity with this chapter;

(2) Maintains an up-to-date record specifying the names and addresses of licensed master plumbers and journeyperson plumbers or master irrigators or journeyperson irrigators of this state. That record shows dates of issuance of licenses and is open to public inspection. Those records also show dates of filing of complaints and the nature of those complaints for revocation of license and the date of, as well as the final order upon, those complaints; and

(3) Prescribes standards for what constitutes a recognized college or university, and determines the conformance to those standards.

5-20-15. Applications for licenses. -- Any applicant for a license as a master plumber, master irrigator, journeyperson plumber, journeyperson irrigator, or an apprentice plumber ,apprentice irrigator in this state shall present his or her application to the department of labor and training on the printed form provided for that purpose.

5-20-16. Qualifications of master plumber -- Application fee. -- (a) No application for a license of a master plumber or master irrigator shall be filed by the department of labor and training nor is any applicant permitted to take the examination for a license as a master plumber, or master irrigator unless:

(1) The application is accompanied by an a nonrefundable application fee of one hundred dollars ($100) thirty dollars ($30.00) payable to the department;

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

(3) The applicant possesses a certificate of license in full force and effect from the department of labor and training of the state specifying that person as a journeyperson plumber or journeyperson irrigator licensed as a journeyperson plumber or journeyperson irrigator for a minimum of one year. An affidavit must accompany this application certifying that the applicant was employed by a licensed master plumber or master irrigator during that period in which the journeyperson plumber or journeyperson irrigator was so licensed. Completed applications must be filed with the department at least thirty (30) days prior to the examination date.

(b) Notwithstanding anything set forth in this section to the contrary, the prequisites set forth in the preceding paragraph may be waived, and the requirements of this section met, if the applicant submits evidence, in form and substance reasonably acceptable to the department of labor and training, that the applicant possesses the requisite skill, expertise, education, experience, training, and other qualities or qualifications to take the examination for a license as a master plumber. or master irrigator.

5-20-17. Qualifications of journeyperson -- Application fee. -- No application for a journeyperson's license shall be filed by the department of labor and training nor shall any applicant be permitted to take the examination for a license as a journeyperson plumber, unless:

(1) The application is accompanied by an a nonrefundable application fee of fifty thirty dollars ($50.00) ($30.00);

(2) The applicant shall have possessed for at least four (4) years prior to the filing of the application a certificate of registration in full force and effect from the department of labor and training of the state specifying that person as a registered apprentice plumber and the application of that applicant is accompanied with 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 plumbing work as an apprentice plumber in the state of Rhode Island for eight thousand (8,000) hours of on the job training during a five (5) year period which shall include the successful completion of five hundred seventy-six (576) hours of related instruction at a training program recognized by the department of labor and training or the application is accompanied with an affidavit or other reasonably satisfactory evidence showing that the applicant has been a registered student in a recognized college, university, or trade school and has pursued a course of plumbing or sanitary engineering for at least two (2) academic years, or is the recipient of an associate degree in either plumbing or sanitary engineering, and has thereafter been registered by the department of labor and training as an apprentice plumber for at least two (2) years and at all times while being employed as a registered apprentice plumber by a duly licensed master plumber in this state for a period of two (2) years or the application 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, provided that the requirements are the same as the state specifying that person as a journeyperson plumber. The records of the hours of on the job training and the hours of related instruction should be maintained in a mutually responsible manner, through a joint effort on the part of the master plumber and the apprentice. The completed application is to be filed with the department at least thirty (30) fifteen (15) days prior to the examination date.

5-20-18. Master plumber's bond. 5-20-18. Master plumber's and master irrigator's bond. - - Every person making application for a certificate of license as a master plumber or master irrigator to carry on the business of plumbing or irrigation shall furnish a bond, in the sum of three thousand dollars ($3,000) with one or more sureties, satisfactory to the department of labor and training, conditioned substantially that the applicant indemnifies and saves harmless the several cities and towns of this state and their officers from all suits and actions of every name and description brought against any of those cities or towns or any of their officer or officers, for or on account of any injuries or damages received or sustained by any person in consequence of or resulting from any work performed by the applicant, his or her servants or agents, or of or from any improper materials used in the work, or of or from any negligence in guarding the work, or of or from any act or omission of the applicant, his or her servants or agents. The bond is also to be conditioned that the applicant faithfully performs the work in all respects and also replaces and restores that portion of any street in which the applicant, his or her servants and agents, make any excavation to as good condition as that in which the street was before the work was performed, and also keeps and maintains that portion of the street in like condition for the period of one year to the satisfaction of the officer or officers of the city or town charged with the maintenance of the street or highway and that the city or town may within one year, and with or without notice to the applicant, repair the street and that the cost of the repair shall be paid by the applicant; and that the applicant complies in all respects with the rules and regulations established by the city or town relative to the work, and also pays all fines imposed upon him or her for violations of any rule or regulation.

5-20-19. Notice of change of address of licensee. -- Any person who holds a certificate of license as a master plumber, master irrigator, journeyperson plumber, journeyperson irrigator or an apprentice plumber or apprentice irrigator shall notify the department of labor and training promptly within thirty (30) days, in the event of change of his or her address from the address specified on his or her certificate of license as a master plumber, master irrigator, journeyperson plumber, journeyperson irrigator or an apprentice plumber. or apprentice irrigator.

5-20-20. Conduct of examinations. -- The department of labor and training shall provide and conduct examinations at least three (3) times each year of applicants who have had their applications for a master plumber's license, master irrigator's license, or a journeyperson plumber's or journeyperson irrigator's license placed on file with the department. All those examinations are conducted by the department with the aid and co-operation of the state board of plumbing examiners and shall be conducted at places designated by the department within the state consistent with the reasonable convenience of applicants.

5-20-21. Issuance of license on examination -- Notice to applicants. -- (a) The director of the department of labor and training shall allow or deny applications for a master plumber's license ,master irrigator's license or a journeyperson plumber's license journeyperson irrigator's license upon the recommendation of the division of professional regulation, as soon after the examination as is practicable. Each applicant who has successfully passed the examination and has had his or her application allowed for a license as a master plumber ,master irrigator or a journeyperson plumber or journeyperson irrigator shall have issued and mailed to him or her by the department a certificate of license specifying that person as a master plumber ,master irrigator or a journeyperson plumber. or journeyperson irrigator.

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

5-20-22. Reexamination of applicants -- Appeal to board. -- (a) Any applicant who fails in an examination for a license is permitted to take further examination upon payment for each examination of the prescribed fee in sections 5-20-15, 5-20-16 and 5-20-17; provided, that the applicant is entitled within one year from failure to pass his or her first examination to one reexamination without the payment of an additional fee. .

(b) Any applicant who fails to qualify may within thirty (30) days after notification of his or her failure to qualify appeal to the state board of plumbing examiners, in writing, requesting a review of the decision of the division of professional regulation in the first instance to the administrator of the division or his or her designee. A further appeal may then be taken. The state board of plumbing examiners will set a date for an appointment and review the examination papers with the applicant. Examination papers are preserved in the division of professional regulation for at least three (3) months after the administration of the examination.

5-20-23. Expiration and renewal of licenses -- Penalties for violation of section. -- (a) All licenses of master plumbers and and master irrigators and journeyperson plumbers or journeyperson irrigators issued by the division of professional regulation expire on the birthday of the individual qualifying for the license and may be renewed on or before that date for a period of two (2) years one (1) year, upon payment of the appropriate renewal fee, and a bond as required by section 5-20-18.

(b) Any master plumber or master irrigator who fails to renew his or her license as provided in subsection (a) of this section may be reinstated by the department on or after the renewal date for a period of two (2) years one (1) year, upon payment of the current renewal fee of sixty dollars ($60.00) one hundred dollars ($100) plus outstanding license fees and a ten dollar ($10.00) per month administrative assessment fee for the delinquency period.

(c) Every certificate of license of a journeyperson plumber or journeyperson irrigator issued by the department is renewed on or before the licensee's birthday next following the date of issuance upon payment of a renewal fee of twenty-five dollars ($25.00) thirty dollars ($30.00).

(d) Any journeyperson plumber or journeyperson irrigator who fails to renew his or her license as provided in subsection (a) of this section may be reinstated by the department on or after the renewal date for a period of two (2) years one (1) year upon payment of the current renewal fee of twenty-five dollars ($25.00) thirty dollars ($30.00) plus outstanding license fees and a ten dollar ($10.00) per month administrative assessment fee for the delinquency period.

(e) [Deleted by P.L. 2000, ch. 425, section 1.]

(f) [Deleted by P.L. 2000, ch. 425, section 1.]

(g) Notwithstanding any other provisions of this chapter, any license issued under this chapter which is not renewed within two (2) years of the date of its expiration, is deemed to be forfeited, and the person to whom the license has been issued is required to make written application for an examination prior to the issuance of a new license.

5-20-24. License displayed in place of business - Advertising. -- (a) In every place in this state within and from which a plumbing or irrigation business is conducted as specified for a master plumber or master irrigator there shall be on display at all times a certificate of license as provided in this chapter.

(b) Any sign, listing, or advertisement of any type of a master plumber or master irrigator shall contain his or her name, address, and license number. This information shall be included on all trucks used by a master plumber in connection with his or her business.

5-20-25. Registration of apprentices. 5-20-25. Registration of plumbing and irrigation of apprentices. - - (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a period of time of not less than five (5) years under the direct supervision and instruction of a master plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that agreement is approved by the division of professional regulation, shall be registered for an initial period of five (5) years one (1) year, with renewal on applicants birthday, by the director of the department of labor and training and have issued to him or her upon the payment of a fee of fifty dollars ($50.00) twenty dollars ($20.00) a certificate showing that person to be a registered apprentice. Every person who continues to work as an apprentice after the initial five (5) years one (1) year registration is required to register again as an apprentice and pay the fee.

(b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a period of time of not less than one (1) year under the direct supervision and instruction of a master irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that agreement is approved by the division of professional regulation, shall be registered for an initial period of one (1) year, with renewal on applicants birthday, by the director of the Department of Labor & Training and have issued to him or her upon the payment of a fee of twenty dollars ($20.00) a certificate showing that person to be a registered apprentice. Every person who continues to work as an apprentice after the initial one (1) year registration is required to register again as an apprentice and pay the fee.

5-20-26. Municipal inspectors and installation permits. -- Nothing contained in this chapter prohibits any city or town from providing for a plumbing inspector or from requiring permits for the installation and repair of plumbing or irrigation systems and collecting fees for the installation and repair of plumbing.

5-20-27. Grounds for revocation of license. -- The director of labor and training shall revoke the license of any master plumber or master irrigator or journeyperson plumber or journeyperson irrigator after a hearing when the weight of the evidence establishes any one or more of the following specific violations:

(1) For having obtained or conspired with others to obtain a license by inducing the issuance of that license in consideration of the payment of money or any other things of value, or by and through a willful or fraudulent misrepresentation of facts in the procurement of the license;

(2) Willful violation of any plumbing ordinance, or rules of any city, or town, or of any law of this state regulating the conduct of plumbing or irrigation work;

(3) On account of knowingly aiding or assisting any person to engage in the work specified for a master plumber or master irrigator or journeyperson plumber ,journeyperson irrigator when that person does not have a license as provided in this chapter;

(4) Because of any master plumber ,master irrigator or journeyperson plumber ,journeyperson irrigator willfully and fraudulently loaning his or her license to any other person for the purpose of permitting that person to engage in any plumbing or irrigation work in violation of the provisions of this chapter;

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

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

5-20-28. Procedure for revocation of license. -- (a) No proceedings to revoke a license, as provided in this section, shall be instituted unless filed with the department of labor and training within one year immediately following the date or dates of violation.

(b) No license of a master plumber or master irrigator or journeyperson plumber or journeyperson irrigator shall be revoked or cancelled until after a full and impartial hearing as provided in this section.

(c) No hearing for the purpose of revoking any license of a master plumber or master irrigator or journeyperson plumber or journeyperson irrigator shall be held unless there is first placed on file with the department a verified complaint, in writing, reciting in the complaint with reasonable particularity a statement of facts which if proved would be sufficient to constitute a violation of one or more of the specifications for revocation of license as prescribed in section 5-20-27.

(d) Upon the filing of a verified complaint as provided in this section, the department shall promptly set a date for a hearing of the charges of the complaint which shall be held in the city of Providence in this state. The department shall promptly by registered or certified mail forward to the licensee charged in the complaint a true and correct copy of the complaint and notification of the time and place when and where a hearing of those charges is to be held.

(e) At the time and place fixed in the notification, the division of professional regulation or upon appeal from the division, the board of plumbing examiners, upon supervision of the department, shall proceed to a hearing of the charges specified in the complaint. No hearing upon the charges of the complaint shall be had unless the records of the department contain evidence that the licensee charged in the complaint has been served with a copy of the complaint and notification at least twenty (20) days prior to the date of the hearing; provided, that the appearance of the charged licensee, either in his or her own behalf or by counsel, constitutes proof that sufficient notice of the hearing was served.

(f) A complaining party by himself, herself or by counsel may aid in the presentation of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing of all evidence and statement of counsel either in support of or against the charges of the complaint. Upon good cause shown the date of the hearing on the complaint may be continued provided the licensee and other interested parties are reasonably notified about the date of the continuance.

5-20-33.1. Enforcement. -- (a) It is the duty of the director of labor and training and the chief plumbing investigator to enforce the provisions of this chapter. Local building and plumbing inspectors, involved in the day-to-day inspection of plumbing or irrigation installation, shall assist the chief plumbing investigator in enforcing the provisions of this chapter. These individuals have authority to demand the production of the licenses and certificates required by this chapter on any site where plumbing or irrigation is being installed and have the authority to investigate, and where appropriate, make complaints, pursuant to section 5-20-28 or 5-20-33 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred.

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

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

(2) The authority to demand the production of the licenses and certificates required by this chapter on any site where plumbing or irrigation is being installed; and

(3) The authority to investigate, and where appropriate, make complaints, pursuant to section 5-20-28 or 5-20-33 where sufficient evidence has been obtained to sustain a reasonable belief that a violation of this chapter has occurred.

(c) The director of the department of labor and training shall provide identification to the board members for the purposes of this section.

5-20-35. Persons and acts exempt -- Issuance of licenses in special cases. -- The provisions of this chapter do not apply to the installation of automatic sprinkler systems or other fire protection appliances in this state and do not apply to employees of public utilities (publicly or privately owned); provided, that any resident of Rhode Island not licensed, as provided in this chapter, desiring a license as a master plumber or journeyperson plumber who on or before August 14, 1966, presents to the department of labor and training of the state reasonably satisfactory evidence, in writing, that he or she was actively engaged in the business of plumbing as a master plumber or working as a journeyperson plumber for a master plumber in any city or town for five (5) years prior to May 16, 1966, and that he or she is at the time of presenting that evidence to the department of labor and training operating in any city or town as a master plumber or working as journeyperson plumber, shall, upon payment of a fee of five dollars ($5.00) in the case of a master plumber or one dollar ($1.00) in the case of a journeyperson plumber, have issued to him or her by the department of labor and training a certificate of license as a master plumber or a journeyperson plumber without an additional application, fee, or other condition precedent. Farms, golf courses, nurseries performing irrigation work on their premises only, shall not be required to be licensed under the chapter.

5-20-36. Injunctions. -- 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 division of professional regulation or by any association of master plumbers or master irrigators or journeyperson's plumbers, or journeyperson irrigators, licensed master plumbers, or licensed master irrigators, or by any plumbing inspector. An injunction 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 be instituted before the state board of plumbing examiners or whether criminal proceedings have been or may be instituted. No ex parte restraining orders shall be issued in suits brought pursuant to this section.

SECTION 3. Chapter 5-20 of the General Laws entitled "Plumbers" is hereby amended by adding thereto the following sections:

5-20-3.1. "Master irrigator" defined. -- The term "Master irrigator" means a person who has performed in the capacity of a journeyperson irrigator as defined in section 5-20-5.1 for not less than two (2) years.

5-20-4.1. "Apprentice irrigator" defined. -- "Apprentice irrigator" means a person hired to perform all phases of an irrigation project under the supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one (1) year.

5-20-5.1. "Journeyperson irrigator" defined. -- The term "Journeyperson irrigator" means a person who has performed all phases of a project under the supervision of a master irrigation licensee for a period of not less than one (1) year. Journeypersons shall not be permitted to apply for an irrigation permit.

5-20-14.1. Grandfathering - Licensing of irrigation masters and irrigation journeypersons without examination. -- 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 herein required issue through the Department of Labor & Training, division of professional regulation a master irrigation license or a journeyperson irrigation license to any applicant who shall present satisfactory evidence that he or she has the qualifications for the type of license applied for. Thereafter, in order to qualify for a master irrigation license after the initial "grandfather" window, the eligible contractor shall be required to pass a written examination and show the aforementioned proof of their eligibility.

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

(i) The owner(s) of an enterprise must have been active in irrigation for the previous three (3) years; or

(ii) Has previously registered with the contractors' registration board; or

(iii) Has been listed within the yellow pages phone book under "Lawn Sprinklers" or advertised irrigation or lawn sprinklers in ads placed elsewhere; or

(iv) Has been incorporated or be registered to do business designating irrigation as a provided service; or

(v) Notarized confirmation by three (3) irrigation contractors.

5-20-17.1 Qualifications of journeypeson irrigator - Application fee. -- No application for a journeyperson's license shall be filed by the Department of Labor & Training nor shall any applicant be permitted to take the examination for a license as a journeyperson irrigator unless:

(1) The application is accompanied with the nonrefundable application fee of thirty dollars ($30.00);

(2) The applicant possess a current apprentice certificate for a period of one (1) year before application for journeyperson irrigator is made.

SECTION 4. This act shall take effect upon passage.


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