The purpose of the following Rules and Regulations is for the adoption of minimum requirements for the licensure of plumbers, irrigators, and water-filtration/treatment-system installers in this state.

9.1.1 Authorization for Regulations

The following Rules and Regulations for the Licensure of Plumbers, Irrigators and Water-Filtration/Treatment-System Installers (“Rules and Regulations”) are promulgated pursuant to the authority conferred under R.I. Gen. Laws §§ 5-20-13 and 5-20-23(f), as amended, and are established for the purpose of adopting minimum requirements for the licensure of plumbers, irrigators and water filtration treatment system installers in this state.

A. Wherever used in these rules and regulations, the terms listed below shall be construed in the following manner:

1. "Accredited program" means a training program approved by the Office of Higher Education, or the Division of Vocational and Adult Education of the Department of Elementary and Secondary Education, and the State Board of Plumbing Examiners.

2. "Act" means R.I. Gen. Laws Chapter 5-20 et seq., as amended, entitled "Plumbers, Irrigators and Water System Installers."

3. “Apprentice irrigator” means any person hired to perform all phases of an irrigation project under the supervision of a Master Irrigator or a licensed journeyperson for a period of not less than one calendar year.

4. "Apprentice plumber" means any employee whose principal occupation is service with a master plumber with a view to learning the art or trade of maintenance, installation, or repair of plumbing.

5. “Apprentice water-filtration/treatment-system installer” means a person hired to perform all phases of a water-filtration/treatment-system project under the supervision of a master water-filtration/treatment-system installer licensee or a licensed journeyperson water-filtration/treatment-system installer for a period of one year.

6. "Board" refers to the State Board of Plumbing Examiners established pursuant to R.I. Gen. Laws § 5-20-6.

7. “Commercial water-filtration/treatment-system work” means any alteration, installation or repair of water-filtration/treatment systems in which the piping exceeds one and one-half inches (1.5”) or the flow rate exceeds eighty (80) gallons per minute. The water-filtration/treatment-system installer shall only install the water-filtration/treatment system within the valves, inlet, outlet and by-pass system provided by a duly licensed plumbing contractor. A duly licensed plumbing contractor shall install proper means of disposal for all Commercial water-filtration/treatment systems.

8. "Continuously engaged in the supervision", means supervision that is provided by a master or journeyperson plumber, irrigator that involves monitoring at the job site throughout the duration of the plumbing, irrigation work being performed.

9. "Department" refers to the Rhode Island Department of Labor & Training.

10. "Director" refers to the Director of the Rhode Island Department of Labor & Training.

11. "Division" refers to the Division of Professional Regulation of the Rhode Island Department of Labor and Training.

12. “Irrigation" means an assembly of component parts permanently installed with and for the distribution and conservation of water for the purpose of irrigating any type of landscape vegetation in any location or for the purpose of dust reduction or erosion control. This includes parts used in the application and installation of drip systems.

13 "Irrigation work" means the connection to the backflow prevention devices.

14. “Journeyperson irrigator” means, as defined in R.I. Gen. Laws § 5-20-5.1, any person who has performed all phases of an irrigation project under the supervision of a master irrigator for a period of not less than one calendar year. A journeyperson shall not be permitted to own or operate a business or apply for any permits.

15. "Journeyperson plumber" means, as defined in R.I. Gen. Laws § 5-20-4, any employee except an apprentice plumber or a master plumber, as herein defined, whose principal occupation is the installation, maintenance or repair of plumbing.

16. “Journeyperson water-filtration/treatment-system installer” means, as defined in R.I. Gen. Laws § 5-20-3.3, a person who has performed all phases of a project under the supervision of a master water filtration/treatment-system installer licensee for a period of not less than one year. Journeypersons shall not be permitted to apply for a water-filtration-system installation permit.

17. "Master irrigator" means, as defined in R.I. Gen. Laws § 5-20-3.1, a person who has performed in the capacity of a journeyperson irrigator for not less than two (2) years.

18. “Master plumber" means, as defined in R.I. Gen. Laws § 5-20-3;

a. Any person who as an independent contractor engages in this state in the business of installation, maintenance or repair of plumbing in the building or upon premises that plumbing is or is to be located, either by contract or agreement with the owner, lessee, tenant or agent of those premises or building;

b. Any person who employs one or more journeymen plumbers, one or more plumber's apprentices or other persons to assist in that installation, maintenance, or repair work; or

c. Any person who performs any acts specified herein for performance by a master plumber.

d. A person holding a valid master plumbers license under this chapter shall not be required to obtain an additional license under this chapter to perform master irrigation work or water-filtration/treatment-system work.

19. “Master water-filtration/treatment-systems installer” means, as defined in R.I. Gen. Laws § 5-20-3.2, a person who has performed in the capacity of a journeyperson water-filtration/treatment system installer for not less than one year.

20. “Plumbing" means, as defined in R.I. Gen. Laws § 5-20-2:

a. All fittings, fixtures, appliances and connections, connecting buildings or premises where a person or persons, live, work or assemble, with the source of public or private water supply used or intended for domestic or personal use.

b. All piping, fittings, fixtures, and appliances for a sanitary drainage and related, ventilation system, direct or indirect, within that building.

c. Air piping, medical and laboratory gas systems, including but not limited to, oxygen and nitrous oxide.

21. "Source of private water supply" means, as defined in R.I. Gen. Laws § 5-20-2(2), the water connection located at the mean water level.

22. "Source of public water supply" means, as defined in R.I. Gen. Laws § 5-20-2(3), any water connection located within five (5) feet of the outer walls of or within a building, or structure, including any interconnecting piping between buildings or structures .

A. General Requirements

1. Pursuant to R.I. Gen. Laws § 5-20-8 as amended, no person shall engage in this state in the business of plumbing or irrigation, or commercial water-filtration/treatment work as a master water-filtration/treatment-system installer; employ a journeyperson plumber or journeyperson irrigator, or journeyperson water-filtration/treatment-system installer; or plumbing or irrigation, or water-filtration/treatment-system installer, apprentice, enter into contracts or agreements for the installation, maintenance or repair of plumbing or irrigation, or water-filtration/treatment-systems; perform any of the acts specified in the act for performance by a master plumber or master irrigator, or master water-filtration/treatment-system installer; shall advertise or represent in any form or manner that he or she is a master plumber master irrigator, or master water-filtration/treatment-system installer; that he or she will install plumbing, irrigation, or commercial water-filtration/treatment-systems, unless such a person possesses a certificate of license in accordance with the provisions of the act and the rules and regulations herein.

2. Furthermore, any individual licensed as a master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator, or, journeyperson water-filtration/treatment-system installer, registered as an apprentice plumber, apprentice irrigator, apprentice water-filtration/treatment-system installer shall carry his or her license or registration certificate at all times on his or her person while engaged in plumbing, or irrigator's irrigation, or water-filtration/activities and shall affix his or her plumber's or irrigator's, or water-filtration/treatment system installer’s contractor license number to any contract he or she executes or any bid filed with any person for their professional services and to any applicable permit required for the performance of those services.

3. Persons licensed as master plumbers or master irrigators, or master water-filtration/treatment system installers pursuant to the provisions herein shall not be required to obtain an installers license as required by R.I. Gen. Laws § 5-56-1 as amended: however, master plumbers, master irrigators, and master water-filtration/treatment system installers shall be required to comply with the performance and conduct requirements of R.I. Gen. Laws § 5-56-7 as amended.

4. Corporations, firms, associations, partnerships and entities must engage in business in accordance with R.I. Gen. Laws § 5-20-12.

5. Supervision:

a. Apprentice plumbers shall be under the direct supervision of a licensed journeyperson and/or master plumber.

b. Apprentice irrigators shall be under the direct supervision of a master and or journeyperson irrigator.

c. Apprentice water-filtration/treatment-system installer shall be under the direct supervision of a master and or journeyperson water-filtration/treatment-system installer.

6. No licensee shall engage in business under any other name than that stated on his/her license.

B. Qualifications for Licensure as required by R.I. Gen. Laws § 5-20-17

1. An applicant seeking licensure to practice as a master plumber, master irrigator or master water-filtration/treatment-system installer must:

a. Have completed one (1) year of experience as a licensed journeyperson, employed by a master plumber, master irrigator, or master water-filtration/treatment-system installer licensed in this state;

b. Have satisfactorily passed a written examination approved by the Director.

2. Journeyperson Plumbers - An applicant seeking licensure to practice as a journeyperson plumber must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.

a. In addition to the requirements set forth in R.I. Gen. Laws § 5-20-17:

(1) During the whole of the eight thousand (8,000) hours of on the job training required by R.I. Gen. Laws § 5-20-17(a)(2), the registered apprentice plumber must be employed as an apprentice plumber in the State of Rhode Island.

b. Applicants registered as apprentices prior to 1999 are required only to meet the requirements of R.I. Gen. Laws § 5-20-17 in effect at the time they became a registered apprentice.

3. Journeyperson Irrigators - An applicant seeking licensure to practice as a journeyperson must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.1.

4. Journeyperson Water-Filtration/treatment-System Installers must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.2.

C. Application for Licensure and Fee

1. Application for licensure/registration shall be made on forms provided by the division which shall be completed and submitted to the Department. For licensure as a master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator and journeyperson water-filtration/treatment-system installer, such application and supporting materials shall be submitted not less than fifteen (15) days prior to the scheduled date of examination. Such application shall be accompanied by the following documents:

a. Proof of US citizenship or legal residency:

b. For US citizen applicants: a certified or notarized copy of his or her birth certificate, or if a naturalized citizen, proof of naturalization;

c. For non-citizen applicants: proof of lawful eligibility for employment in the United States;

d. A recent identification photograph of the applicant (head and shoulder front view) approximately 2 x 3 inches in size;

e. A chronological resume of experience from the time of completion of academic requirements and/or registration as an apprentice plumber;

f. The fee as required by R.I. Gen. Laws §§ 5-20-16(a)(1), 5-20-17(a)(1), 5-20-17.1)1), 5-20-17.2(1).

g. A copy of licensure in each state in which the applicant has held or holds licensure, to be submitted to the Board of this state attesting to the licensure status of the applicant during the time period applicants held licensure in said state.

h. Evidence of education, training and experience as required, including:

i. An affidavit(s) from the applicant's employer(s) or former employer(s) or other evidence satisfactory to the Board, showing the applicant to have been actually engaged in plumbing work as an apprentice plumber in the state of Rhode Island in accordance with the requirements herein; and

j. Supportive certified transcripts of successful completion of related instruction in accordance with the requirements herein at a training program recognized and/or accredited by the Department of Labor & Training, signed by the dean and/or principal of the education facility and/or institution and bearing the imprint of the education facility and/or institution;

k. Exemption: For those applicants registering as an apprentice before June 3, 1986, there is no requirement to submit supportive certified transcripts of successful completion of related instruction at an accredited training program.

2. For Contractor Master Plumber:

a. Completion of application form provided by the division and accompanied by the following as required herein:

(1) Education and Experience: Applicants must have a Bachelor of Science degree in Plumbing and or Engineering (or an equivalent degree as determined by the board) and must have at least four (4) years of relevant experience in plumbing of a nature and quality, which is acceptable to the board; and/or

(2) Applicants must have a Bachelor of Science degree in Business Administration (or an equivalent degree as determined by the board) and must have at least four (4) years of relevant experience in Plumbing of a nature and quality which is acceptable to the board.

(3) A copy of licensure in each state in which the applicant has held or holds licensure, to be submitted to the Board of this state attesting to the licensure status of the applicant during the time period applicants held licensure in said state.

(4) Applicants must submit two (2) affidavits, of a nature and quality acceptable to the Board, from duly authorized officers of their employment, evidencing continued competence and relevant experience in the discipline in plumbing.

(5) Applicants must submit two (2) character references of a nature and quality acceptable to the Board.

(6) Applicants must supply the Employer Identification Number (EIN) of the entity to be licensed.

(7) Applicants must supply a copy of the current Workers Compensation insurance policy of the entity to be licensed.

(8) Applicants must supply a copy of the current general liability insurance policy of the entity to be licensed.

b. All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of three inches (3").

c. Contractors shall have an understanding of Worker's Compensation, Temporary Disability Insurance, State and Federal Withholding procedures and the Federal and State Davis-Bacon Act (Prevailing Wage). In addition, they shall have a working knowledge of state and federal OSHA laws and the B.O.C.A. State Building Code, particularly the Mechanical Sections of the currently approved edition.

d. This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

e. Application Fees: Such application shall also be accompanied by the appropriate application fee (non-refundable and non-returnable) made payable to the General Treasurer, State of Rhode Island.

f. Other Requirements: The Board at its discretion reserves the right to require any or all applicants to appear before the Board for an interview. The Board at its discretion reserves the right to require any such other information as may be deemed necessary and appropriate by the Board.

D. Examination

1. Applicants shall be required to pass such examination as the Board deems necessary to test the applicant's knowledge and skills to engage in this state as a master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system installer.

a. For written examinations, the Board requires applicants to successfully pass such examination for, master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator and journeyperson water-filtration/treatment-system installer as approved by the Board.

b. The Board shall determine the passing score of each written examination administered.

c. Confidential identification numbers shall be assigned to each applicant by the Administrator of the Division and the names shall not be made known to the Board until the scores have been recorded.

2. Examinations shall be given at least three (3) times a year at such time and place as designated by the Director.

3. Re-examination:

a. In case of failure of any applicant to satisfactorily pass an examination, such applicant shall be entitled to take further examination upon payment for each examination of the prescribed fee.

b. Any applicant who has failed to qualify may, within thirty (30) days after notification of failure, appeal to the Board in writing requesting a review of the decision to the Administrator of the Division.

c. A further appeal may then be taken pursuant to R.I. Gen. Laws § 5-20-22.

4. Out-Of-State Licensed Plumbers, Irrigators and Water-Filtration/Treatment-System Installers:

a. A master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system installer duly licensed by examination in a state(s) other than Rhode Island, may be issued a license in this state provided that the requirements are the same as this state specifying that person provided, further that:

(1) The applicant submits a copy of his or her current license;

(2) The Board of Plumbing, Irrigation, or Water-filtration/treatment-system installer in each state in which the applicant holds or has held licensure submits to the Board of this State a statement attesting to the licensure status of the applicant during the time period the applicant held licensure in said state(s);

(3) The applicant submits affidavits of having successfully passed a written examination for licensure in the state in which he or she holds current licensure and that such examination was for the classification for which the applicant is seeking licensure in this state;

E. Issuance and Renewal of License / Registration:

1. Upon completion of the aforementioned requirements, the Director may issue a license to those applicants found to have satisfactorily met all the requirements herein. Pursuant to R.I. Gen. Laws § 5-20-23(a), said license unless sooner suspended or revoked shall expire for individuals born in odd years on the birthday of the individual in odd years and for individuals born in even years on the birthday of the individual in even years.

2. Before the applicants’ birthday in the expiring year, the Administrator of the Division shall mail an application for renewal of license to that person. Every person licensed who intends to engage as a master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator, or journeyperson water-filtration/treatment-system installer, shall file a renewal application duly executed together with the renewal fee made payable to the General Treasurer, State of Rhode Island before the applicants birthday.

a. Pursuant to R.I. Gen. Laws § 5-20-23, any master plumber, master irrigator, or master water-filtration/treatment-system installer, who fails to renew his or her license may be reinstated on or after the renewal date for a period of two (2) years upon payment of the current biennial renewal fee of two hundred forty ($240.00) dollars plus outstanding license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the delinquent period.

b Pursuant to R.I. Gen. Laws § 5-20-23, any journeyperson plumber, journeyperson irrigator or journeyperson water filtration/treatment system installer who fails to renew his or her license may be reinstated on or after the renewal date for a period of two (2) years upon payment of the current biennial renewal fee of seventy-two ($72.00) dollars plus outstanding license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the delinquent period.

c. Pursuant to R.I. Gen. Laws § 5-20-23, notwithstanding any other provisions of this chapter, a license not renewed within two (2) years of its date of expiration is deemed forfeited and may only be reinstated by the person taking a test for a new license.

F. Mandatory Continuing Education (“MCE”) Requirements

1. Requirements for License Renewal

a. Master and Journeyperson Plumbers, as a condition for license renewal, shall complete seven (7) hours of approved continuing education courses with an approved Provider during every two (2) year license cycle.

b. Each licensee shall retain all Mandatory Continuing Education documentation for two (2) renewal cycles and shall furnish this documentation to the Board if requested.

2. Exemptions from MCE Requirement

a. The licensee, as an approved instructor of continuing education, may use his or her course instruction to satisfy the continuing education requirement for that renewal cycle; or

b. Is a current Rhode Island Plumbing Inspector, Rhode Island Assistant Plumbing Inspector, or Building Official for a Rhode Island city or town; or

c. Is a current Rhode Island State Inspector/Investigator; or

d. Has a combination of years of experience as a licensed Master Plumber or Journeyperson Plumber and years of age which, when combined, equal a total of eighty (80) years, pursuant to R.I. Gen. Laws § 5-20-23(g).

3. Waivers for Good Cause

a. The Board or designee may consider the granting of a waiver of the mandatory continuing education requirements for good cause shown.

b. The waiver request shall be in writing, and unless excused, must be submitted prior to the expiration of each renewal cycle in which said education must be completed.

c. Good cause may include, but not be limited to, illness (which should be supported by a letter from a licensed medical physician), disability (which should be supported by a letter from a licensed medical physician), or military service (which should be supported by documentation).

4. Failure to Complete MCE Requirement

a. With the exception of military service any licensee who does not complete the required seven (7) hours of continuing education within the license renewal cycle of (2) two years shall be responsible to meet the required MCE prior to license renewal.

b. Licensees shall also be subject to Board review and disciplinary action that may include, but not be limited to, denial of a request for renewal of license.

5. Certificate and Document of Completion of MCE Requirement

a. Upon the successful completion of seven (7) hours of continuing education, each licensee shall receive from his/her Board-approved continuing education provider a certificate of completion.

b. Each licensee shall retain such documentation for two renewal cycles (four (4) years) and shall furnish it to the Division if so requested. Failure to provide proof of required documentation may result in non-renewal of a license or other disciplinary action by the Board.

c. The Board reserves the right to conduct audits.

6. Falsification or Fraudulent Transfers of MCE Certificates of Completion

a. The falsification of any Mandatory Continuing Education requirement or the fraudulent transfer of a certificate of completion to any individual shall be grounds for the initiation of formal disciplinary proceedings against the licensees found to have engaged in such misconduct, up to and including suspension or revocation of any license(s) issued by the Board.

7. Qualifications and Requirements for MCE Providers (“Provider”)

a. A Provider of MCE seminars will be approved by the Board

b. All Providers seeking Board approval to conduct programs for MCE shall:

(1) Complete and submit the Provider Application Form, which is posted on the Division’s website;

(2) Provide a detailed outline and lesson plan of each course of study offered, as approved by the Board, and the names and license numbers of all instructors annually; and

(3) Maintain at least $500,000 in liability insurance coverage and provide proof of liability insurance to the Board.

c. Each Provider shall notify the Board, or designee, of any change of instructors for any course.

d. The Board may withdraw at any time its approval as issued to any Provider issued for any program, course or instructor who, in the Board's opinion and in its sole discretion, no longer meets the requirements for approval established by the Board.

8. Instructor Qualifications to Conduct MCE Courses: Instructors must meet at least one of the following to become a qualified instructor:

a. Instructors of plumbing courses must have a Rhode Island Master Plumber’s license for a minimum of five years; or

b. Be a current Rhode Island Plumbing Inspector, Rhode Island Assistant Plumbing Inspector, or Building Official for a Rhode Island city or town; or

c. The Rhode Island State Building Commissioner, or his/her designee as approved by the Board or by the RI Department of Labor and Training, Chief Plumbing Investigator, or

d. The Board may approve other individuals who would not otherwise qualify as instructors of MCE courses where those individuals have a demonstrated competency in subject areas applicable to the plumbing industry or to the subject being taught.

9. MCE Record Keeping Requirements

a. All authorized Providers shall maintain for a period of not less than two (2) year renewal license cycles (four (4) years) complete and accurate records for each licensee to whom the provider has issued a Certificate of Completion of MCE.

b. Certificate of Completion of MCE Seminar Course shall at minimum include the following information:

(1) Provider identification number as issued by the Board;

(2) Instructor's name, and/or Rhode Island master plumber license number if applicable, and contact information;

(3) Instructor's actual or electronic signature signed under penalties of perjury;

(4) Course title, date, and location (city or town), or designated as an online course;

(5) Classroom hours of instruction and course subject matter; and

(6) Attendee name, his/her license number, if applicable.

c. Each approved Provider shall maintain the sign in sheet for each continuing education course offered and shall electronically transmit to the Board, or its designee, certification of each licensee's completion of the continuing education course within ten (10) business days of the completion date of the course.

d. The certification shall contain the following data and information:

(1) Names and license number(s) of all licensees attending; and

(2) Date and title of the course; and

(3) Course hours completed.

10. MCE Course Requirements

a. The Board, or their designee, in conjunction with the RI State Building Code Commission shall approve course materials to be used for MCE courses.

b. Course evaluations will be included in the course materials.

c. Providers shall not advertise or promote the sale of specific goods and/or services during the course of any continuing education class.

11. Provider/Instructor Expiration and Denial of Board Approval

a. The Board may withdraw its approval of any Provider/Instructor who fails to meet the educational criteria.

b. The Board may deny approval of an application from a Provider for any of the following reasons:

(1) Inadequate or unprofessional coverage of the materials required to be included in the course materials; or

(2) Unsatisfactory evaluations of the course materials by licensees, the Board or its designee.

12. Appeal Process for the Denial as a Course Instructor or Denial of a MCE Course

a. Those individuals who have been denied as a Course Instructor or have had a MCE Course denied by the Board may appeal to the Director of the RI Department of Labor and Training or his/her designee.

G. Posting License in Place of Business

1. Pursuant to R.I. Gen. Laws § 5-20-24, in every place in this state within and from which a plumbing, irrigation or commercial water-filtration/treatment business is conducted as specified for a contractor or master plumber, master irrigator or master water-filtration/treatment-system installer, there shall be on display at all times a certificate of license. Furthermore, any sign listing or advertisement of any type of a contractor, master plumber, master irrigator or master water-filtration/treatment-system installer shall contain his or her name, address and license number. This information shall be included on all trucks used in connection with his or her business.

A. Violations / Sanctions

1. Any person violating any provision of the Act or the regulations herein shall be subject to the penalties as follows: Any person, firm, or corporation licensed or unlicensed by the Department of Labor and Training, Division of Professional Regulation is subject to a fine of ($1500.00) Fifteen Hundred Dollars for a first offense and for a second or subsequent violations of this chapter to be subject to a fine of not less than ($2000.00) Two Thousand Dollars.

2. All hearings and reviews required under the provisions of the Act and the rules and regulations herein shall be conducted in accordance with the provisions of the Act.

B. Severability

1. If any provision of the rules and regulations herein on the application to any facility or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.