CHAPTER 263


97-H 5661
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO LABOR AND LABOR RELATIONS

It is enacted by the General Assembly as follows

SECTION 1. Section 28-27-6 of the General Laws in Chapter 28-27 entitled "Pipefitters and Refrigeration Technicians, Fire Protection Sprinkler Contractors and Journeypersons Sprinkler Fitters and Oil Heat Contractors" is hereby amended to read as follows:

28-27-6. Corporations and firms engaged in business. -- No corporation, firm, association or partnership shall engage in business, advertise, {DEL or bid for work as a master mechanical contractor pipefitter or refrigeration/air conditioning or fire protection sprinkler systems master or represent itself as a contractor or enter into contracts or agreements for the installation, maintenance, repair, or servicing in any of the above businesses unless a valid licensed master is an owner of the firm or association, a partner in the partnership or a corporate officer of the corporation prior to engaging in the businesses or bidding for the work. Any work bid shall be of the type for which the master is licensed to perform. DEL} {ADD 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 unless: (1) a licensed mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems master, as applicable, as provided in this chapter shall be continuously engaged in the supervision of such entity's 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 mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems contractor's license, as applicable, duly issued by the department of labor as further described in subsection (b) of this section.

(b) Upon application of any of the above entities in form and substance prescribed by the department of labor, and receipt of the fee for such application and license which shall be equal to the fee for a mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems master license as described in section 28-27-17, as the same may be amended from time to time, the department of labor shall issue the applicant entity a license as a mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems contractor, as applicable. Such contractor's license shall specify the name of the entity holding the license and shall state that such license holder shall continuously employ at all times while holding such license a duly licensed mechanical contractor, pipefitter, refrigeration-air conditioning, fire protection sprinkler systems master, as applicable, as provided in this chapter, who shall be continuously engaged in the supervision of such entity's installation, maintenance, and repair work. The contractor's license shall entitle 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 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 master continuously employed by such entity as stated above.

(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 who serves as an officer or similarly authorized principal of the entity or who is continuously employed by the entity holding a contractor's license is duly licensed to perform.

(d) Any licensed master who serves as an officer or similarly authorized principal of such an entity or who is continuously employed by an entity holding a contractor's license shall represent the interests of one (1) such entity and only one (1) such entity at any given time as described above.

(e) In the event that the licensed master described above shall cease to be an officer or similarly authorized principal of one (1) of the entities described above or shall cease to be continuously employed by an entity holding a contractor's license for any reason whatsoever, such entity shall provide written notice of the same to the department of labor 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 specifying the licensed master who shall replace the departed license master 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 pipefitting, refrigeration-air conditioning, fire protection sprinkler systems 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 that all requisite licenses to be issued by the department of labor have been so issued and remain in good standing.

(g) Any wilful violation of this section shall be grounds for revocation of license as further described in section 28-27-21. ADD}

SECTION 2. This act shall take effect upon passage.



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