TITLE 5
Businesses and Professions

CHAPTER 5-65.2
Rhode Island Well-Drilling, Pump Installers, and Water-Filtration Contractors Licensing Law [Effective January 1, 2017]

SECTION 5-65.2-3


§ 5-65.2-3 Licensing procedure. [Effective January 1, 2017.].

(a) In addition to the provisions of chapter 65 of title 5, the contractors' registration and licensing board is authorized to establish a program to license well-drilling contractors, pump installers, water-filtration/treatment-system contractors, and water-filtration/treatment-system installers to ensure persons performing well-drilling work, pump installation, and residential water-filtration/treatment-system installation as properly qualified to conduct the work. On or before January 1, 2017, the board shall promulgate regulations to establish a licensing program that provides for appropriate categories of work to ensure proper qualifications pertaining to the use of different equipment and approaches to construct, install, repair, alter, or remove wells, well pumps, water-supply systems, residential water-treatment/supply systems, and water-filtration systems, and that will allow well-drilling contractors, pump installers, or residential water-filtration/treatment-system contractors and residential water-filtration/treatment-system installers, as described herein, to fulfill the relevant requirements of chapter 65 of title 5 through the licensing program. Upon promulgation of applicable regulations, the license issued by the board to a contractor shall serve to fulfill the contractor registration requirements of chapter 65 of title 5.

(b) Pursuant to board regulations, all persons seeking to be licensed as a well-drilling contractor, pump installer, residential water-filtration/treatment-system contractor, or residential water-filtration/treatment-system installer as defined herein shall submit an application to the contractors' registration and licensing board on the form or forms that the board requires. As specified by the board, the application shall include 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) Any registration number and/or other license numbers issued by the state, or any city or town;

(6) A statement of the skills, training, and experience of the applicant sufficient to ensure public safety, health and welfare; and

(7) Agent of service for out-of-state contractors.

(c) To be eligible for licensure as a well-drilling contractor, pump installer, residential water-filtration/treatment-system contractor, or residential water-filtration/treatment-system installer, an applicant shall also fulfill the following requirements:

(1) Be of good moral character;

(2) Pass appropriate examinations approved or administered by the contractors' registration and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and has met all the requirements of the rules and regulations established by the board;

(3) Be in good standing with the contractors' registration and licensing board;

(4) Take five (5) hours continuing education per year as set forth and recognized by the contractors' registration and licensing board.

(d) The contractors' registration and licensing board is authorized to adopt rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be structured not to exceed five thousand ($5,000) dollars per day, per offense for conduct injurious to the welfare of the public, as well as those required pursuant to § 5-65-10.

(e) 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 misstatement, shall be subject to the discipline and penalties provided in § 5-65-10.

(f) No corporation, firm, association, or partnership shall engage in the business of well drilling, pump installation, water-filtration/treatment-system contracting, or represent itself as a well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, unless a licensed well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, as provided in this chapter, is continuously engaged in the supervision of its well-drilling, pump-installing, or water-filtration/treatment-system contracting work. If the license holder dies or otherwise becomes incapacitated, the 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, shall the corporation, firm, association, or partnership continue to operate longer than twelve (12) months or in accordance with the board's established rules and regulations without satisfying the license requirements of this chapter.

(g) Those well-drilling contractors who were previously registered with the department of environmental management, and remain in good standing as of December 31, 2012, and that were previously exempted from fulfilling the testing requirements required for registration by the department, shall also be exempt from the testing requirements set forth in this chapter.

(h) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the fees required in this chapter, issue through the contractors' registration and licensing board a residential water-filtration/treatment-system installer's license to any applicant who shall present satisfactory evidence that they have the qualifications for the type of license applied for. After January 1, 2018, in order to qualify for a residential water-filtration/treatment installer's license the eligible individual shall be required to pass a written examination and show proof as required by the contractors' registration and licensing board of their eligibility.

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

(1) The applicant must have been employed by a contractor registered with the contractors' registration and licensing board to do business designating water-filtration/treatment-system installation and/or service as a service provided for the previous one year and been actively engaged in the installation and servicing of water-filtration/treatment systems during that time period; or

(2) Notarized confirmation by three (3) water-filtration/treatment-system contractors that the applicant has the requisite training and experience to be licensed under this act.

(j) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the fees required in this chapter, issue through the contractors' registration and licensing board, a residential water-filtration/treatment-system contractor's license to any applicant who shall present satisfactory evidence that they have the qualifications for the type of license applied for. After January 1, 2018, in order to qualify for a residential water-filtration/treatment contractor's license, the eligible contractor shall be required to pass a written examination and show proof, as required by the contractors' registration and licensing board, of their eligibility.

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

(1) The owner or owners of an enterprise must have been active in water filtration for the previous two (2) years; or

(2) The contractor has been previously registered with the contractors' registration and licensing board to do business designating water-filtration/treatment system installation and/or service as a provided service; or

(3) Notarized confirmation by three (3) water-filtration/treatment-system contractors that the applicant has the requisite training and experience to be licensed under this act.

History of Section.
(P.L. 2012, ch. 241, art. 17, § 6; P.L. 2016, ch. 27, § 1; P.L. 2016, ch. 32, § 1.)