Rhode Island General Laws 5-20-12. Corporations and firms engaging in business
(a) No corporation, firm, association, partnership, or other entity shall engage in business, advertise, make application for and take out permits, bid for work, or represent itself as a master plumber, a master irrigator, or master water-filtration/treatment-system installer unless:
(1) A licensed master plumber, as provided in this chapter, shall be continuously engaged in the supervision of the entity’s plumbing installation, irrigation installation, commercial water-filtration/treatment-system installation, maintenance, and repair work and the licensed master is an officer of the corporation, a partner in the partnership, or a similarly authorized principal of any firm, association, or other entity; or
(2) The entity possesses a valid plumbing contractor’s license, master irrigator’s license, or master water-filtration/treatment-system installer’s license duly issued by the department of labor and training as described in subsection (b) of this section.
Terms Used In Rhode Island General Laws 5-20-12
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Master irrigator: as used in this chapter , means a person who has performed in the capacity of a journeyperson irrigator as defined in Rhode Island General Laws 5-20-3.1
- Master plumber: as used in this chapter , means 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 the premises where that plumbing, as defined in § 5-20-2, is or is to be located, either by contract or agreement with the owner, lessee, tenant, or agent of those premises or building, or who employs one or more journeyperson plumbers, one or more plumber's apprentices or other persons to assist in that installation, maintenance, or repair work or who performs any acts specified in this chapter for performance by a "master plumber. See Rhode Island General Laws 5-20-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Plumbing: means :
(i) All fittings, fixtures, appliances, and connections that are located within a building or a structure, or within five feet (5?) of the outer walls of a building or structure and that connect said building or structure, 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, as well as any interconnecting piping between buildings or structures;
(ii) All piping, fittings, fixtures, and appliances for a sanitary drainage and related ventilation system, direct or indirect, within that building; and
(iii) Air piping, medical, and laboratory gas systems including, but not limited to, oxygen and nitrous oxide. See Rhode Island General Laws 5-20-2
(b) Upon application of any of the entities listed in subsection (a) of this section in form and substance prescribed by the department of labor and training, and receipt of the fee for the application and license, which shall be equal to the fee for a master plumber’s license, master irrigator’s license, or master water-filtration/treatment-system installer’s license as described in § 5-20-16, the department of labor and training shall issue the applicant entity a license as a plumbing contractor, irrigation contractor, or commercial water-filtration/treatment-system contractor. The plumbing contractor’s, irrigation contractor’s, or commercial water-filtration/treatment-system contractor’s license shall specify the name of the entity holding the license and shall state that the license holder shall:
(1) Have a licensed contractor master plumber, as that term is defined in § 5-20-12.1, who is continuously engaged in the supervision of the entity’s plumbing installation, maintenance, and repair work and who is an officer of the corporation, a partner in the partnership, or a similarly authorized principal of any firm, association, or other entity; or
(2) Continuously employ at all times, while holding the license, a duly licensed master plumber, master irrigator, or master water-filtration/treatment-system installer as provided in this chapter, who is continuously engaged in the supervision of the entity’s plumbing installation, irrigation installation, commercial water-filtration/treatment-system installation, maintenance, and repair work. The plumbing contractor’s, master irrigator’s, and water-filtration/treatment-system installer’s license shall entitle the entity holding the license to engage in business, advertise, bid for work, or represent itself as a master plumber, master irrigator, and master water-filtration/treatment-system installer or a plumbing contractor and shall also entitle the 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 contractor master as described in this section, or the duly licensed master plumber, master irrigator, or master water-filtration/treatment-system installer continuously employed by the entity as stated in this section, as the case may be. The contractor’s license shall not, in and of itself, permit a principal, officer, employee, or agent of the entity holding the license to individually engage in installation, maintenance, or repair work as described above unless that principal, officer, employee, or agent is individually licensed so to do.
(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 plumber, master irrigator, or master water-filtration/treatment-system installer who serves as an officer, or similarly authorized principal, of the entity or who is continuously employed by the entity holding a plumbing contractor’s license, irrigation contractor’s, or commercial water-filtration/treatment-system contractor’s license, is duly licensed to perform.
(d) Any licensed master plumber, master irrigator, or master water-filtration/treatment-system installer who serves as an officer, or similarly authorized principal of this type of entity, or who is continuously employed by an entity holding a plumbing, irrigation, or commercial water-filtration/treatment-system contractor’s license shall represent the interests of one such entity and only one such entity at any given time as described in this section.
(e) In the event that the licensed master plumber, master irrigator, or master water-filtration/treatment-system installer described in this section ceases to be an officer or similarly authorized principal of one of the entities described in this section, or ceases to be continuously employed by an entity holding a plumbing contractor’s license for any reason whatsoever, the entity shall provide written notice of the cessation to the department of health no more than fourteen (14) days after the effective date of occurrence of the cessation. Any entity so affected shall provide written notice of the cessation to the department of labor and training specifying the licensed master plumber, master irrigator, or master water-filtration/treatment-system installer who is replacing the departed licensed master plumber referenced in this section no more than forty-five (45) days after the effective date of occurrence of the cessation.
(f) No corporation, firm, association, partnership, or other entity that engages in, offers to engage in, or represents that it engages in plumbing installation, irrigation system installation, or commercial water-filtration/treatment-system maintenance or repair work in the state of Rhode Island is 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 so issued and remain in good standing.
(g) Any willful violation of this section is grounds for revocation of license as further described in § 5-20-27.
History of Section.
P.L. 1945, ch. 1661, § 9; G.L. 1956, § 5-20-12; P.L. 1978, ch. 172, § 1; P.L. 2000, ch. 333, § 1; P.L. 2000, ch. 433, § 1; P.L. 2001, ch. 214, § 2; P.L. 2016, ch. 26, § 1; P.L. 2016, ch. 31, § 1; P.L. 2019, ch. 308, art. 1, § 10.