A N A C T
RELATING TO BUSINESSES AND PROFESSIONS
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-65-1 and 5-65-14 of the General Laws in Chapter 5-65 entitled "Contractors' Registration" are hereby amended to read as follows:
5-65-1. Definitions. -- As used in this chapter:
(1) "Board" means the
seven (7) member appointed contractors' registration board established pursuant to the provisions of Rhode Island general laws section 5-65-14.
(2) (i) "Contractor" means a person who, in the pursuit of an independent business, undertakes or offers to undertake or submits a bid, or for compensation and with or without the intent to sell the structure arranges to construct, alter, repair, improve, move over public highways, roads or streets or demolish a structure or to perform any work in connection with the construction, alteration, repair, improvement, moving over public highways, roads or streets or demolition of a structure, and the appurtenances thereto. "Contractor" includes, but is not limited to, any person who purchases or owns property and constructs or for compensation arranges for the construction of one or more structures.
(ii) A certificate of registration is necessary for each "Business Entity" regardless of the fact that each entity may be owned by the same individual.
(3) "Dwelling Unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(4) "State" means the state of Rhode Island.
(5) "Structure" means a residence, including a site-built home, a modular home constructed off-site, a condominium, a manufactured home, a mobile home, and duplex or multi-unit residential building, consisting of four (4) dwelling units or less. This definition includes and is pre-empted by the regulations promulgated by the state building commission rules and regulations for family dwellings and multi-family dwellings.
(6) "Staff" means the executive director for the contractors' registration board, and any other staff necessary to carry out the powers, functions and duties of the board including inspector(s), hearing officer(s) and other supportive staff.
(7) "Hearing officer" means a person designated by the executive director, with the approval of the director of administration to hear contested claims or cases, contested enforcement proceedings, and contested administrative fines, in accordance with the Administrative Procedures Act.
5-65-14. Builder board -- Member -- Terms -- Confirmation -- Vacancies -- Qualification. [Effective July 1, 2001.] -- (a) The board shall
consists consist of nine (9) eleven (11) members appointed by the governor, four (4) six (6) of whom shall be registered contractors, of which one (1) shall a licensed roofer, one shall be a current member of the building codes standards committee pursuant to section 23-27.3-100.1.4, one shall be a representative of the general public, one shall be a licensed and practicing architect, and two (2) shall be licensed home inspectors. The building code standards committee member shall be designated by the state building commissioner, and shall be appointed as provided in subsection (b) of this section. This board shall report to the state building commissioners department.
(b) Except for the commissioner's designee the governor shall appoint
four (4) six (6) members for a term of three (3) years and four (4) members for a term of two (2) years. The governor shall appoint the member designated by the state building commissioner for a term of two (2) years. Each member reappointed by the governor shall serve for the term of his or her original appointment. Before the expiration of the term of a member, the governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment immediately effective for the unexpired term. At the expiration of their terms, members remain and shall continue in their official capacity until a new member is appointed and confirmed.
(c) In order to be eligible for board membership, the
four (4) six (6) contractor members of the board must be registered and/or licensed under this chapter and maintain their registrations and/or licenses in good standing during their term of office. In order to be eligible for board membership, the two (2) home inspector members shall be licensed pursuant to section 5-65.1 et seq. and shall maintain their license in good order during their terms of office.
SECTION 2. Sections 5-73-1, 5-73-3 and 5-73-4 of the General Laws in Chapter 5-73 entitled "Roofing Contractors" are hereby amended to read as follows:
5-73-1. Definitions. -- As used in this chapter, the following terms mean:
(1) "Roofing contractor" means any person or entity engaged in the state of Rhode Island in the business of commercial or industrial roofing, or any combination of these.
(2) "Roofing" means and includes any and all construction, renovation or other work performed on or about the roof, as the term is commonly used, of any nonresidential structure or similar building and specifically includes sealing, water proofing, weatherproofing, related sheet metal work, and similar work.
(3) "Nonresidential structure" means and includes any and all commercial or industrial structures or buildings, and does not include any residential structures consisting of four (4) dwelling units or less as the terms are defined in section 5-65-1(3) and (5).
(4) "Board" means the contractors registration board as defined in section 5-65-1.
(5) "Shingles" mean wood or other materials, excluding slate, used in courses to cover roofs.
5-73-3. Registration of roofing contractors. - 5-73-3. Registration and licensing of roofing contractors. - (a) All roofing contractors, in addition to the requirements of chapter 65 of this title entitled "Contractor's Registration", if applicable, prior to conducting roofing business in the state of Rhode Island, must first submit an application to and be licensed by the contractor registration board on the form or forms that the board requires. The application includes the following information:
(1) The name of the applicant;
(2) The business address of the applicant;
(3) The mailing address of the applicant;
(4) The telephone number of the applicant;
(5) The name of the party or officer who is responsible for all roofing activities conducted in the state of Rhode Island
(6) Any registration number and/or other license numbers issued by the state, or any city or town; and
(7) A statement of the skills, training and experience of the applicant sufficient to ensure public safety, health and welfare.
The registration Licensing requirements of this section do not apply to roofing contractors applying shingles only.
(b) To be eligible for licensure as a roofing contractor an applicant shall also fulfill the following requirements:
(1) be of good moral character;
(2) pass an examination approved or administered by the contractors' registration board;
(3) be in good standing with the contractors' registration board;
(4) all field personnel of the roofing contractor must have a current certificate of completion of the ten (10) hours OSHA safety course or equivalent thereof as determined by the contractors' registration board.
(5) take ten (10) hours continuing roofing education per year as set forth and recognized by the contractors' registration board; and
(6) be bonded in the aggregate amount of the total dollar value of any contract entered into to perform roofing work; single project in the amount of one hundred thousand dollars ($100,000) minimum.
(c) The contractors' registration board is hereby authorized to adopt rules and regulations pursuant to the administrative procedures act necessary to effectuate the purposes of this chapter.
(d) Any person applying for a license or registration and making any material misstatement as to his or her experience or other qualifications, or any person, firm or corporation subscribing to or vouching for any such misstatement shall be subject to the discipline and penalties provided in section 5-65-10 of this chapter.
(e) No corporation, firm, association or partnership shall engage in the business of commercial roofing or represent itself as a commercial roofing contractor unless a licensed commercial roofer as provided in this chapter is continuously engaged in the supervision of its commercial roofing work, provided that the commercial roofer is a general partner or an officer and shareholder in the firm or corporation. If such license holder dies or otherwise becomes incapacitated, such corporation, firm or association shall be allowed to continue to operate until the next examination shall be given or such times as the board shall see fit. In no event, however, shall such corporation, firm, association or partnership continue to operate longer than fifteen (15) months without satisfying the license requirements of this chapter. Those roofers who have been registered with the board on October 15, 2001 and remain in good standing shall be exempt from the testing requirements set forth in this chapter.
5-73-4. Registration fee. -- All roofing contractors shall submit a payment in the amount of two hundred dollars ($200) representing a
registration license fee along with the application referenced in section 5-73-3, and be required to comply with the provisions of chapter 65 of this title and those provisions shall be interpreted to include commercial roofers as defined in this chapter.
SECTION 3. This act shall take effect upon passage.