A N
A C T
RELATING TO LABOR
AND LABOR RELATIONS -- PIPEFITTERS AND REFRIGERATION TECHNICIANS
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Introduced By: Senators Ruggerio, Tassoni, P Fogarty, Gallo, and Celona |
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Date Introduced: February 07, 2002 |
It is enacted
by the General Assembly as follows:
SECTION 1. The title of Chapter 28-27 of the General Laws entitled
"Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler
Contractors, Journeyperson Sprinkler Fitters, Sheet Metal Contractors,
Journeyperson Sheet Metal Workers and Oil Heat Contractors" is hereby
amended to read as follows:
CHAPTER 28-27
Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler
Contractors, Journeyperson Sprinkler
Fitters, Sheet Metal Contractors,
Journeyperson Sheet Metal Workers
and Oil Heat Contractors
MECHANICAL
28-27-1. Purpose. -- This chapter is necessary to
protect the life, property, safety, and welfare of the people of Rhode Island;
and to help in the to promote conservation of our natural
resources used to generate energy; by to the proper
installation of all piping systems and/or equipment used in its fire
protection systems; and in the generation and consumption of energy used
for the purpose of all heating, cooling and air distribution systems and
fire protection sprinkler systems.
28-27-1.0. Bureau of pipefitters and refrigeration technicians, fire
protection sprinkler contractors and journey-persons sprinkler fitters, sheet
metal contractors and journeypersons sheet metal workers, and oil heat
contractors. Mechanical board. -- There shall be in
the department of labor and training, a bureau to be known as the bureau of
pipefitters and refrigeration technicians, fire protection sprinkler
contractors and journeypersons sprinkler fitters, sheet metal contractors and
journeypersons sheet metal workers, and oil heat contractors. a mechanical board, responsible for the
licensing and regulating of masters, journeypersons, and apprentices in the
pipefitting, air conditioning/refrigeration, sprinkler fitting and sheet metal
trades, hereafter to be referred to as "the mechanical trades".
The bureau 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, excluding those systems which are self-contained home appliances and
all piping systems specified under the plumbing and fire protection laws, which
shall include all potable water supply piping, all heating, cooling, air
distribution and venting systems, all waste piping, and all disposal type
apparatus and systems within the state of Rhode Island and storage of that
apparatus and systems as described above; provided, however, that the bureau
all heating, cooling, air distribution, fire protection systems and venting
systems. 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 in the 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, excluding electrical wiring, air lines and thermal systems used
in connection with sprinkler and alarm systems connected thereto, foam
extinguishing systems or special hazard systems including water spray, foam,
carbon dioxide, or dry chemical systems, halon and other
liquid, or gas fire suppression systems, and excluding any engineering
design work connected with the layout of fire protection sprinkler systems.
28-27-1.1. Inspection and right of entry. -- (a) The
division of professional regulation, department of labor and training, has the
authority, by its chief administrator or designates, upon proper identification
and in the performance of his or her duties, to enter at any reasonable hour
any building, structure, or premises where mechanical piping/refrigeration,
air distribution or fire protection sprinkler systems work is being
performed, which work is governed by this chapter, to ascertain compliance with
this chapter and the rules and regulations of the division.
(b) If any owner, occupant, or other person refuses, impedes,
inhibits, interferes with, restricts, or otherwise obstructs entry and free
access to any part of the building, structure, or premises by an authorized inspecting
investigating official of the division/bureau of pipefitters and
refrigeration technicians mechanical board, the chief administrator
may:
(1) Seek from any judge of the district court a search warrant in accordance with chapter 5 of title 12;
(2) Revoke or suspend any license, permit, or other permission regulated by local and state codes, and applicable to this chapter; notwithstanding any other provisions of this chapter;
(3) Seek any other remedy as provided by this chapter.
(c) Any person violating any provisions of this section is
guilty of a misdemeanor and is subject to a fine of not less than one hundred
dollars ($100) and not more than five hundred dollars ($500) for a first offense,
and for a second and subsequent violation of this section is subject to a fine
of not less than two hundred fifty dollars ($250) and not more than eight
hundred dollars ($800). Inspectors hired for the enforcement of this section
must be trade licensed as pipefitters/refrigeration technicians, fire
protection sprinkler contractors or journeyperson sprinkler fitters, sheet
metal contractors, journeyperson sheet metal workers or other appropriate
trades.
28-27-1.2. General license criteria guide. -- The bureau
of pipefitters and refrigeration technicians, fire protection sprinkler
contractors or journeyperson sprinkler fitters, sheet metal contractors or
journeyperson sheet metal workers or oil heat contractors mechanical
board shall assist the division of professional regulation of the
department of labor and training to establish and from time to time update a
preliminary criteria guide for the licensing of those persons regulated by this
chapter. This guide shall include, but is not limited to, the categories or
classes of occupation regulated and the requirements for licensing of each
category. The guide and any revision shall be filed by the bureau board
with the office of the secretary of state.
28-27-2. Licensing -- State board of pipefitter, refrigeration, and
fire protection sprinkler contractors/journeyperson sprinkler fitters, sheet
metal contractors/journeyperson sheet metal workers, and oil heat contractors
examiners created -- Senior chief inspector. Licensing - Mechanical
board examiners created -- Senior chief investigator. -- (a) The
division of professional regulation with the assistance of the bureau board
shall promulgate rules and regulations for the examining and licensing of pipefitter/refrigeration
technicians and contractors and fire protection sprinkler
contractors/journeyperson sprinkler fitters, sheet metal
contractors/journeyperson sheet metal workers and oil heat contractors masters,
journeypersons, and apprentices of the mechanical trades.
(b)(1) A state mechanical board of pipefitter/refrigeration
and fire protection sprinkler contractors/journeyperson sprinkler fitters,
sheet metal contractors or journeyperson sheet metal workers and oil heat
contractors examiners is created in the department of labor and training,
whose duty it is to advise the division in its area of expertise in
promulgating any policy that is necessary to improve the operations of the
division, in the area of expertise, and to hold license
revocation and violations hearings as described in this chapter. The promulgation
of policy is 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 is a master pipefitter at the time of
appointment, having at least ten (10) years in business as a master pipefitting
contractor pipefitter.
(ii) One member who is a refrigeration/air conditioning master contractor
at the time of appointment, having at least ten (10) years in business as a
refrigeration/air conditioning master contractor.
(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 is a fire protection sprinkler systems
contractor master at the time of appointment, having at least ten
(10) years in business as a fire protection sprinkler contractor master.
(vi) One member who has been employed as a journeyperson sprinkler fitter for ten (10) years.
(vii) One member who is 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 oil heat
contractors masters for at least ten (10) years.
(ix) One member who is a sheet metal contractor master
at the time of appointment, having at least ten (10) years in business as a
sheet metal contractor master.
(x) One member who has been employed as a journeyperson sheet metal worker for ten (10) years.
(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, or oil heat contractor member of the board, the governor
shall appoint for a term of three (3) years a master, or
journeyperson or oil heat contractor member having the qualifications
required by this chapter to take the place of the master, or
journeyperson, or oil heat contractor 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 has 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.
(c) (7) A chairperson shall be elected every three
(3) years from the members; a majority will constitute a quorum of the full bureau
board. The senior chief inspector 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 bureau board and the position shall
be in the classified service at not less than pay grade 335.
(d) (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 appointed by the director of labor and training, upon recommendation from
the licensing bureau board, and the position shall be in the
classified service.
28-27-5. Practices for which master or contractor license required.
Practices for which a master or contractor license required. --
(a) No person shall engage in this state in the business of pipefitting or
refrigeration/air conditioning, or air distribution systems or fire protection
sprinkler systems the mechanical trades as a master or as an
employer of a pipefitter or refrigeration/air conditioning journeyperson or
apprentice, or as a sheet metal contractor or employer of a sheet metal worker
journeyperson or apprentice or as a master or as an employer of a fire
protection sprinkler systems contractor or journeyperson sprinkler fitter or
apprentice the mechanical trades, or enter into contracts or
agreements for the installation, maintenance, repair, or servicing of
pipefitting or refrigeration/air conditioning, or air distribution systems or
fire protection sprinkler work in the mechanical trades, or
advertise or represent in any form or matter that he or she is they
are a master or that he or she they will install pipefitting
or refrigeration/air conditioning, or air distribution systems or perform fire
protection sprinkler work, unless that person possesses a valid license issued
by the department of labor and training under this chapter. That person All
masters shall carry this license on his or her their person
at all times while so engaged, and shall affix his or her contractor's their
master's license number to any advertisement and/or contract he
or she they executes and/or bid he or she they
files with any consumer for his or her 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 is not be required to obtain an additional license under this
chapter to perform sheet metal work for
residential work or when AC air handling equipment is ten (10) ton or less.
28-27-5.1. Practices for which a journeyperson or apprentice license required. -- (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or 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 is not required to obtain an additional license under this chapter to perform sheet metal work for residential work or when AC air handling equipment is ten (10) tons or less.
(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 RIGL chapter 28-27.
28-27-6. Contractor license required -- Issuance of contractor license. -- (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, refrigeration/air conditioning, fire protection sprinkler systems master or contractor or sheet metal contractor unless:
(1) A licensed mechanical contractor, pipefitter, 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 such entity's installation, maintenance, and repair work and the licensed master is an officer of this corporation, a partner in this partnership, or a similarly authorized principal of this firm, association, or other entity; or
(2) This entity must possess a valid mechanical contractor, pipefitter, refrigeration/air conditioning, fire protection sprinkler systems contractor's or sheet metal contractor license, as applicable, issued by the department of labor and training as further described in subsection (b) of this section.
(b) Upon application of any of these entities in form and
substance prescribed by the department of labor and training, and receipt of
the fee for an application and license which is equal to the fee for a
mechanical contractor, pipefitter, refrigeration/air conditioning, sheet
metal, fire protection sprinkler systems master, or sheet metal contractor
license as described in section 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, pipefitter, refrigeration/air
conditioning, fire protection sprinkler systems contractor, as applicable.
This contractor's license specifies the name of the entity holding the license
and states that this license holder: (1) has a licensed mechanical
contractor, pipefitter, refrigeration/air conditioning, fire protection
sprinkler systems contractor master masters license in the mechanical
trades, as this term is defined in section 28-27-6.3, 28-27-1.0,
and who is continuously engaged in the supervision of this entity's
installation, maintenance, and repair work, and who is an officer of this
corporation, a partner in this partnership, or a similarly authorized principal
of this firm, association, or other entity; or (2) continuously employs at all
times while holding this license a licensed mechanical contractor,
pipefitter, refrigeration/air conditioning, fire protection sprinkler systems
master, as applicable, a person with a masters license in the applicable
mechanical trade, as provided in this chapter, who is continuously engaged
in the supervision of this entity's installation, maintenance, and repair work.
The contractor's license entitles the entity holding the same to engage in
business, advertise, bid for work, or represent itself as a mechanical
contractor, pipefitter, refrigeration-air conditioning, fire protection
sprinkler systems master or a mechanical contractor, pipefitter,
refrigeration/air conditioning, fire protection sprinkler systems contractor
and also entitles this entity to make application for and take out permits
through its authorized officer or similarly authorized principal as well as
through the licensed contractor master as described above or the licensed
master continuously employed by this entity as stated above, as the case may
be. This contractor's license does not, in and of itself permit a principal,
officer, employee, or agent of the entity holding this license to individually
engage in installation, maintenance, or repair work as described above unless
this 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 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 entity and only one entity at any given time as described above.
(e) In the event that the licensed master or contractor master described above ceases to be an officer or similarly authorized principal of one of the entities described above 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, this 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 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 above no more than forty-five (45) days after the effective date of occurrence of this cessation.
(f) No corporation, firm, association, partnership, or other
entity which engages in, offers to engage in, or represents that it engages in pipefitting,
refrigeration-air conditioning, fire protection sprinkler systems installation,
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 is grounds for revocation of license as further described in section 28-27-21.
28-27-6.1. Homeowners' exemption from licensure. -- An owner of a single family domestic dwelling who intends to occupy the premises himself or herself may, after approval by local municipal and/or state authorities and upon receipt of a permit, install pipefitting, 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 mechanical
contractor, pipefitter, refrigeration-air conditioning, sheet metal,
or fire protection sprinkler systems contractor master. This license does not,
in and of itself, permit any holder 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 section
28-27-6.
(b) No application for a license of mechanical contractor,
pipefitter, refrigeration/air conditioning, sheet metal, or fire
protection sprinkler systems contractor master shall be filed with the
department of labor and training, nor will any applicant be permitted to take
the examination for this license, unless:
(1) This 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 equals the fee for a Pipefitter Master I as outlined in section 28-27-17.
(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 equals the fee for a Pipefitter Master I as outlined in section 28-27-17 is required and the contractor master license shall be issued as provided in section 28-27-15.
(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 are
subject to the bonding requirements set forth in section 28-27-12.
28-27-9.1. Grandfathering -- Licensing of sheet metal contractors and
sheet metal journeyperson 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 [July 7, 2000] 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 sheet metal contractor's license or sheet metal journeyperson's
license to any applicant who presents
satisfactory evidence that he or she has the qualifications for the type of
license applied for, and who has currently
holds a valid pipefitter or refrigeration license in the state of Rhode Island.
A sheet metal journeyperson shall have a minimum of five (5) four
(4) years of verified experience in the sheet metal business covered
by that license, as applicable.
(2) An applicant for a sheet metal contractor's license under this section must further provide sworn evidence of satisfactory sheet metal experience for a minimum of five (5) years of verified experience in the sheet metal business covered by that license, as applicable.
(b) Any person qualified to obtain a sheet metal contractor's
license or a sheet metal journeyperson's license under this section who is
prevented from making an application pursuant to this section by reason of
service in the armed forces of the United States during the twelve (12) month
period following enactment of this section [July 7, 2000] shall have three (3)
months after discharge or release from active duty to make that application.
five (5) years under the supervision of a
licensed pipefitter, or refrigeration/air conditioning, or
fire protection sprinkler contractor/sprinkler fitter master or
sheet metal contractor master under a state sanctioned
apprenticeship program shall be registered by the director of labor and
training upon the payment of a twenty dollar ($20.00) annual fee and shall be
issued a certificate of apprenticeship. A renewal certificate shall be issued
for twenty dollars ($20.00) for each succeeding twelve (12) month period.
(b) The minimum formal training period for a P.J.F. limited class
II license is two hundred twenty (220) 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 section 28-27-5.2. All other sections of this chapter
remain in full force and effect.
28-27-24. Recommendations of board -- Order of the director -- Appeal.
-- (a) The board, upon the completion of any hearing held on a
verified complaint, shall present to the director of labor and training a
written report of its findings and recommendations. The director shall then
order that the license of the licensee charged be revoked or suspended, or
impose a fine of two hundred fifty ($250) dollars five hundred dollars
($500) for a first violation and five hundred ($500) dollars nine
hundred fifty dollars ($950) for any subsequent violation within one year
of the first violation, or that the complaint be dismissed in accordance with
the recommendations. A copy of the order shall be immediately served upon the
licensee and/or violator personally or by registered or certified mail.
The order of the board is final unless the licensee and/or violator so
charged or complainant, within twenty (20) days after receipt of the order,
files with the director an appeal. The appeal will be determined by the
administrator of the division or his or her designee. The director may accept
or reject, in whole or in part, the recommended order of the board. The order
of the director is final, and a copy of the order shall be immediately served
upon the person, firm, or corporation assessed.
(b) The division is considered a person for the purpose of this section.
(c) The chief of the section shall act as an investigator with respect
to the enforcement of all the provisions of law relative to the licensing of
pipefitting, refrigeration, sprinkler fitting and sheet metal and to this
effect whenever a complaint is made by the chief of the section to the
department of labor and training director, or designee, that the provisions of
this chapter are being violated, the director of the department of labor and
training, or designee, may issue an order to cease and desist from said
violation and may impose the above penalties against the violator and against
the contractor.
28-27-25. Judicial review of proceedings. -- The superior court of the county where the licensee and/or violator charged with a violation resided has the power to review the entire proceedings of any hearing had before the director and to review any order dismissing a complaint or revocation of a license and all questions of law presented by the record provided an appeal is filed pursuant to chapter 35 of title 42.
28-27-26.1. Enforcement. -- (a) It is the duty of the
director of the department of labor and training and of state and local
inspection authorities to enforce this chapter. Local building and related
inspectors, who are involved in day-to-day inspection, have the primary
responsibility for enforcing this chapter. The above individuals have authority
to demand the production of the licenses and certificates required by this
chapter on any site where work that is the subject of this chapter is
occurring, and have the authority to investigate, and where appropriate, make
complaints pursuant to section 28-27-22 or 28-27-26 28-27-21 or
28-27-28 or 28-22-2 where sufficient evidence has been obtained to sustain
a reasonable belief that a violation of this chapter has occurred.
(b) The state board of examiners also has concurrent
responsibility to enforce this chapter, and has the authority to demand the
production of the licenses and certificates required by this chapter on any
site where work that is the subject of this chapter is occurring, and has the
authority to investigate and where appropriate make complaints pursuant to
section 28-27-22 or 28-27-26 28-27-21 or 28-27-28 or 28-22-2
where sufficient evidence has been obtained to sustain a reasonable belief that
a violation of this chapter has occurred. The director of the department of
labor and training provides identification to the board members for the
purposes of this section.
28-27-28. Practices for which a license is required. -- (a) A license is required for the installation, repair, replacement, servicing, maintenance, and alteration of:
(1) Any devices or accessories for what is normally considered
heating/cooling equipment, air distribution equipment, duct work, process
piping, and power piping, within the pipefitting, or
sheet metal trades and and fire protection sprinkler with no
reference to the plumbing or fire protection industry.
(2) Vacuum and pneumatic systems, oil and petroleum products, ice
making machinery, refrigeration and air conditioning equipment, and piping
systems used for the conveyance and storage of liquids, solids, and industrial
type gases as per section 28-27-1, and vacuum piping used for domestic vacuum
cleaning systems and natural or manufactured gas piping used for emergency
electric generators. Heating piping system does not mean or include, and
nothing in the regulation shall be held or construed to have any application
to, the installation or servicing as detailed of factory manufactured domestic
plug-in units or other package assemblies not requiring special wiring over and
above the normal #5 AWG wire used in domestic 220 volt household duplex
receptacles for 16 AMP branch circuits with two (2) or three (3) outlets, field
hook up or checking by qualified licensed pipefitters/refrigeration
technicians. Servicing as defined for these units means the seasonal filter
changes or general cleaning, and is made obvious to the consumer by clearly
printing on the work order or bills that the consumer is not paying for state
licensed and bonded refrigeration technicians who do master or journeyperson
doing mechanical service work. Commercial applications of domestic units
are regulated pursuant to section 28-27-1.
(b) A license is required for the installation, repair,
replacement, alteration, or maintenance of fire protection apparatus within a
structure, except for standpipes which are not connected to sprinkler
systems, also including the layout, onsite fabrication, installation,
alteration, or repair of any automatic or manual sprinkler system designed for
the protection of the interior or exterior of a building or structure from
fire, or also any piping or tubing and appurtenances and
equipment pertaining to the system including overhead and underground water
mains, fire hydrants and hydrant mains, standpipes and hose connections to sprinkler
systems, sprinkler tank heaters excluding electrical wiring, air lines
and thermal systems used in connection with sprinkler and alarm systems, or
special hazard systems including water sprays, foam, carbon dioxide or dry
chemical systems, halon and other liquid or gas fire suppression systems, and
excluding any engineering design work connected with the layout of fire
protection sprinkler systems.
(c) A license is required for sheet metal work which shall be
defined as the manufacturing, fabrication, assembling, handling, erection,
installation, dismantling, conditioning, adjustment, alteration, repairing and
servicing of all ferrous or nonferrous metal work and all other materials in
lieu thereof and air-handling systems regardless of the material used,
including specifically: the handling, fabrication, setting, installation,
assembling, dismantling, adjustment, alteration, reconditioning, repairing of
all duct work, installation of fans, sheaves, belt guards, dampers, louvers,
screens, registers, grills, diffusers, sound traps, attenuators, mixing boxes,
access doors to air-handling systems, breaching, hoods and all appurtenances
relating to HVAC and exhaust systems and the testing, adjusting and balancing
of all air-handling equipment and duct work. Holder of the NEBB (National
Environmental Balancing Bureau), AABC (Associated Air Balancing Council) or a
TABB (Testing, Adjusting and Balancing Bureau) certificate are exempt for the
purposes of testing and balancing HVAC systems.
28-27-33. Inspectors' devotion to duties -- Assignment of
inspectors. Investigators’ devotion to duties -- Assignment of
investigators. -- Inspectors Investigators devote
their entire scheduled work time and attention to the duties of their offices.
The chief administrator of the division of professional
regulation assigns inspectors investigators to the duties to be
performed. No employee of the division shall do or accept employment with
another employer which is in conflict with his or her official duties.
SECTION 3. Sections 28-27-12, 28-27-26 and 28-27-27 of the General
Laws in Chapter 28-27 entitled "Pipefitters and Refrigeration Technicians,
Fire Protection Sprinkler Contractors, Journeyperson Sprinkler Fitters, Sheet
Metal Contractors, Journeyperson Sheet Metal Workers and Oil Heat
Contractors" are hereby repealed.
28-27-12. License applicant's bond. -- Every
person making application for a certificate of license to carry on the business
of pipefitter or refrigeration/air conditioning or fire protection sprinkler
systems or sheet metal work shall furnish a bond in the sum of three thousand
dollars ($3,000) with one or more securities satisfactory to the department of
labor and training conditioned substantially that the applicant shall indemnify
and save harmless the cities and towns of this state and the officers of them
from all suits and acts of every name and description brought against any of
those cities and towns and officers of them for or on account of any injuries
or damage sustained by any person in consequence of or resulting from any work
performed by the applicant or his or her agents or from any improper materials
used in their work or of or from any act or omission of the applicant or his or
her agents, that the applicant faithfully performs his or her work, and that
the applicant complies in all respects with rules and regulations established
by those cities and towns relating to his or her work and also pay all fines
imposed upon him or her or his or her agents for violations of those rules and
regulations.
28-27-26. Penalties for violations. -- Any
person violating any provision of this chapter, except as provided in section
28-27-1.1, is guilty of a misdemeanor and subject to a fine not less than two
hundred dollars ($200) and not more than four hundred dollars ($400) for a
first offense and for a second and subsequent violation of this chapter is the
subject of a fine of not less than three hundred dollars ($300) and not more
than six hundred dollars ($600).
28-27-27. Prosecution of violation. -- It is
the duty of the attorney general's department to prosecute all persons
violating any of the provisions of this chapter upon complaint being made.
SECTION 4. This act shall take effect
upon passage.