Chapter 482
2013 -- S 0405 SUBSTITUTE A
Enacted 07/16/13
A N A C T
RELATING TO
AGRICULTURE AND FORESTRY -- ARBORISTS
Introduced By: Senators Gallo, Doyle, and Lynch
Date Introduced: February 26, 2013
It is enacted by the General
Assembly as follows:
SECTION 1. Sections 2-19-1 and 2-19-3 of the General Laws in
Chapter 2-19 entitled
"Arborists" are
hereby amended to read as follows:
2-19-1. Practices
subject to chapter. -- The term arborist as used in this chapter means
any person, firm or corporation who makes a business or
practice of pruning, trimming, spraying
or repairing fruit, shade and ornamental trees, and
includes any lines of work that are commonly
included under the terms tree surgery, tree dentistry, tree
spraying, tree pruning, and the work of
foresters and entomologists as applied to the care of fruit,
shade, forest and ornamental trees and
shrubs. The provisions of this chapter shall not apply to
the
corporation established in chapter 23-19.
2-19-3.
Rules and regulations -- Examination for license. --
The director of
environmental management is authorized to make rules and
regulations governing the practice of
arborists and shall demand of any person, firm or corporation
desiring to engage in the art or trade
of treating and caring for trees as defined in section
2-19-1, that they pass an examination to show
their ability or capability to practice the art or trade of
arborist. The director is further authorized
to make rules and regulations to carry out the
provisions of this chapter, including rules and
regulations governing mulching operations and arboriculture
operations as those terms are
defined in section 2-19-4.5.
SECTION 2. Chapter 2-19 of the General Laws entitled
"Arborists" is hereby amended
by adding thereto the following sections:
2-19-4.1.
Arboriculture and mulching operations defined. -- (a) As used in this
chapter:
(1)
"Arboriculture" means the business or practice of pruning, trimming,
spraying or
repairing fruit, shade and ornamental trees, and includes any
lines of work that are commonly
included under the terms tree surgery, tree dentistry, tree
spraying, tree pruning, and the work of
foresters and entomologists as applied to the care of fruit,
shade, forest and ornamental trees and
shrubs.
(2) "Mulch"
means any type of forest material, vegetative matter resulting from
landscaping maintenance or land clearing operations and includes
materials such as tree and
shrub trimmings, tree and shrub roots, tree trunks,
branches, leaves and tree stumps, that is
produced for the purpose of spreading or application over the
surface of the soil as a protective
cover, to retain moisture, reduce erosion, provide
nutrients, and suppress weed growth, seed
germination and for general landscaping purposes.
(3) "Mulching
operation" means any commercial enterprise operating on at least five (5)
contiguous acres or larger, which is owned or operated by a
licensed arborist pursuant to this
chapter, and has as its primary purpose the production or
storage of mulch.
(4)
"Arboriculture operations" means any commercial enterprise operating
on at least five
(5) contiguous acres or
larger, which is owned or operated by a licensed arborist pursuant to this
chapter, and has as its primary purpose arboriculture.
(b) Arboriculture
operations and mulching operations shall be subject to the requirements
of chapter 2-15.
2-19-4.2.
Nuisance actions against arboriculture operations or mulching operations.
-- (a)
No arboriculture operation or mulching operation, as defined in this chapter
may be found
to be a public or private nuisance, due to alleged
objectionable:
(1) Noise from
equipment used in normal, generally accepted arboriculture or mulching
operations;
(2) Dust created from
normal, generally accepted arboriculture or mulching operations;
(3) Use of pesticides,
rodenticides, insecticides, herbicides, or
fungicides.
This provision
pertains only to nuisance actions under chapter 1 of title 10.
(b) No rule or
regulation of the department of transportation shall be enforced against any
arboriculture operation or mulching operation to prevent it from
placing a seasonal directional
sign or display on the state's right-of-way, on the
condition that said sign or display conforms
with the local zoning ordinance, and that sign or display
is promptly removed by the arboriculture
operation or mulching operation upon the conclusion of the
season for which said sign or display
was placed.
(c) The provisions of
this section do not apply to arboriculture operations or mulching
operations that operate in a malicious or negligent manner, or
that conduct operations in violation
of federal or state law.
SECTION 3. This act shall take effect on July 1, 2013.
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LC01820/SUB A
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